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HomeMy WebLinkAboutMinutes City Council - 01/21/1992MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 21, 1992 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Cezar Galindo Council Members: Leo Guerrero Betty Jean Longoria Edward Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Pastor Charles R. Galbraith of Grace Presbyterian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of January 14, 1992, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes administered the Oath of Office to Donald M. Alex, the newly appointed Municipal Court Judge, who expressed words of appreciation for the opportunity to serve the City. Mayor Rhodes presented a commendation award for Thomas Brown, Executive Director of the South Texas Water Authority, to Mrs. Susan Brown. Mr. Brown was instrumental in developing a regional water supply agency and assisted in securing financing for numerous public works projects for small communities in Nueces County. MII1211EILMEU Minutes Regular Council Meeting January 21, 1992 Page 2 Mr. Bernard Paulson, Chairman of the Mayor's Advisory Committee on Water updated the Council on water issues involving the City of Corpus Christi. Dr. Herb Grubb, representing HDR Engineering, Inc., gave a presentation regarding the HDR Study on the Regional Wastewater Planning Study - Phase 1 Nueces Estuary (Wastewater Return Flows Study). The study was prepared by HDR Engineering, Inc., Naismith Engineering, Inc., and Shiner, Moseley and Associates, Inc., in association with the University of Texas Marine Science Institute. (Copy of the study is on file in the office of the City Secretary.) Mr. Grubb stated that the City, along with the Port of Corpus Christi Authority, the Corpus Christi Board of Trade and South Texas Water Authority co- sponsored a project to evaluate the potential of diverting municipal and industrial return flows, as well as in -stream flows, into the Nueces River delta area in order to enhance the productivity of marsh and bay system. He stated that results of this study have demonstrated a tremendous potential to reduce the amount of freshwater required to be released from the Choke Canyon/Lake Corpus Christi reservoir system by substituting return flows currently discharging to other receiving waters. Mr. Grubb discussed the results of the study and elaborated on the various recommendations. Mr. Grubb and Mr. John Michael, Naismith Engineering, responded to a series of specific questions dealing with the study and an extensive discussion followed. City Manager Garza stated that staff is not recommending any particular projects at this time but staff felt that the results of this study were so significant that they needed to be brought to the attention of the Council. Mr. Garza stated that the City is going to develop an overall plan that will affect the City's water and wastewater and he believes that they both will tie in together. Council Member McComb stated that he believes the study shows that there is no scientific basis for releasing City water into the Bay system and he expressed the opinion that the City is wasting the water supply for no reason. Due to concerns raised by Council Member McComb, Mr. Grubb, Mr. Michael and the Deputy City Manager all elaborated on the purpose of the study. Mr. Michael discussed the participants in the study and stated that the actual cost of the study is $150,000. Deputy City Manager Garza stated that staff had discussions with the Texas Water Commission and Texas Parks and Wildlife and they indicated that they would abide by the results of this study. Mr. Garza discussed the purpose of the second phase of the study. Council Member McComb asked about the status of the brine discharge, and Deputy City Manager Garza stated there will be another preliminary hearing in February regarding this issue. Council Member Moss referred to an area on the map and suggested digging a ditch and diverting the river, and Mr. Michael stated that suggestion was addressed and there were many issues that went along with the diversion, and Deputy City Manager Garza stated that staff will provide the Council with a summary as to why that suggestion was ruled out as one of the options. Minutes Regular Council Meeting January 21, 1992 Page 3 Council Member Martin pointed out that the City has found that the wastewater effluent is beneficial to the environment. He suggested that the City send its studies to the EPA and ask them to review them and at least comment on the fact that the City finds them to be beneficial to the environment. Mr. Martin stated that this is one of the best studies he has seen and suggested that a workshop be held where all the questions can be answered. He suggested that the water and wastewater issues be tied together. Mayor Rhodes concurred with Council Member Martin and stated that this is just one part of the City's total searching for a long-term water supply for Corpus Christi. Mayor Rhodes announced that Item 4, presentation by Ted Scibienski, Ralph Durden and Ben Whisler and resolution supporting the US 59 Laredo Beltway and the Limited Access Intermodal Transportation Corridor, has been postponed. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 5 thru 11, and Council Members requested that Items 7, 8, 9, 10 and 11 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 5. M92-011 Motion approving a supply agreement for medical supplies in accordance with Bid Invitation No. BI -0014-92 with United Medical Supply, Corpus Christi, Texas, based on best bid for an estimated annual expenditure of $16,718.79. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The items will be used by the City Health Department for patient care. Funds have been budgeted for FY 91-92 by the Health Department. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 6. M92-012 Motion approving a supply agreement for automotive and commercial batteries in accordance with Bid Invitation No. BI -0049-92 with Energy Battery, Corpus Christi, Texas, based on the low bid of $37,322.40 subject to price adjustment. The term of the contract will be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The batteries will be used by Maintenance Services and the Fire Department and funds have been budgeted for FY 91-92. Minutes Regular Council Meeting January 21, 1992 Page 4 The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Responding to a question from Council Member Slavik on Item 7, supply agreement for steel pipe, Victor Medina, Public Utilities Director, stated that the City is only obligated to purchase the pipe that is needed in the Gas Department. Relative to Item 8, Waldron Road Drainage Improvements - Parcels B-1, B-2, C-1, and A-4, Council Member Slavik inquired when the improvements will be started, and Bill Hennings, Director of Development Services, stated that the project should begin in May. Council Member Martin asked for a more realistic starting date, and Deputy City Manager Garza replied that the project will probably begin in July. Responding to a question from Council Member McNichols regarding the price of the land, Mr. Hennings stated that the total acquisition price is $232,214, which is $8,750 per acre, $45,000 for the bridge and $18,000 for the utility crossings. Carl Crull, Engineering Services Director, reviewed the location of the parcels on a map. He stated that the construction improvements will begin in mid-July 1992. Mayor Pro Tem Galindo raised questions concerning the bridge costs exceeding $45,000, and Mr. Hennings stated that the City would be responsible for the additional cost. Council Member Martin questioned Mr. Hennings' response, and City Manager Garza corrected Mr. Hennings' statement and stated that the City agrees to participate in the cost of the bridge in excess of $45,000 as escalated at the construction cost index rate published by Engineering News Record. Relative to Item 9, Tule Lake Lift Bridge, Council Member McNichols questioned the price of repainting the bridge, and Carl Crull, Engineering Services Director, reviewed the costs associated with the painting of the bridge; he discussed what the bridge would be utilized for; and identified the proposed bridge improvements. Responding to questions, Mr. Crull reviewed the Tule Lake Lift Bridge - participation analysis. He stated that the State Department of Highways and Public Transportation would be responsible for the day-to-day inspection and the contract administration of the bridge. Dr. McNichols asked about the Street Bond Fund Reserve, and City Manager Garza stated that there is $300,000 remaining in the fund after the City's share of costs associated with the rehabilitation and repainting of the bridge. Mayor Rhodes questioned the last paragraph in the agenda memorandum concerning Item 10, Regional Wastewater Return Flows Study, and Deputy City Manager Garza clarified that acceptance of this report simply means that the City can proceed to Phase II. Minutes Regular Council Meeting January 21, 1992 Page 5 Council Member Martin moved to amend Item 10 to delete the words "and recommendations." The motion was seconded by Mayor Rhodes and passed unanimously. In regard to Item 11, regulation of alcohol and tobacco advertising near schools, Council Member McNichols commended the Legal Department for their research on this item. He noted that the City received a response from the Corpus Christi Independent School District that is strongly in support, and Mayor Rhodes read a letter from Dr. Benson, CCISD, stating that the district encourages the adoption of this ordinance. City Secretary Chapa polled the Council for their votes and the following items were passed. 7. M92-013 Motion approving a supply agreement for approximately 53,000 feet of steel pipe, sizes 1" through 16" in accordance with Bid Invitation No. BI -0051-92 with Pipe Exchange International, Inc., Houston, Texas, based on low bid meeting specifications for a total of $169,660. The term of the contract will be twelve months with option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The pipe will be used by the Gas Department for the construction and maintenance of the gas distribution system. Funds have been budgeted in FY 91-92. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 8. M92-014 Motion authorizing acquisition of Parcels B-1, B-2, C-1, and A-4 located east of Waldron Road between South Padre Island Drive and Purdue Road for $232,214, in connection with the Waldron Road Drainage Improvements project. The foregoing motion passed by the following vote: Rhodes, Guerrero, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye"; Galindo voting, "No." 9. M92-015 Motion authorizing payment of $76,463.55 to Nueces County for the City's share of costs associated with the rehabilitation and repainting of the Tule Lake Lift Bridge. The foregoing motion passed by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 10. M92-016 Motion accepting the final report of the Regional Wastewater Planning Study - Phase I - Nueces Estuary, prepared by HDR Engineering, Inc., Naismith Engineering, Inc. Minutes Regular Council Meeting January 21, 1992 Page 6 and Shiner, Moseley & Associates, Inc., in association with the University of Texas Marine Science Institute. The foregoing motion passed, as amended, by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." 11. ORDINANCE NO. 021322 PROHIBITING CERTAIN SIGNS ADVERTISING ALCOHOL AND TOBACCO WITHIN 500 FEET OF ELEMENTARY AND SECONDARY SCHOOLS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The foregoing ordinance passed on third reading by the following vote: Rhodes, Guerrero, Galindo, Longoria, Martin, McComb, McNichols, Moss and Slavik voting, "Aye." Mayor Rhodes declared a ten-minute recess. Mayor Rhodes reconvened the Council Meeting and called for consideration of Item 12, storm water permitting. Deputy City Manager Jesus Garza provided background information concerning negotiation of a contract with Camp, Dresser & McKee for professional services, to complete Part 1 NPDES Municipal Storm Water discharge permit application for the City, conducting a wet weather sampling program for the Part 2 NPDES permit application, developing a public education program and doing a feasibility study for establishing a storm water utility. Mr. Garza identified four tasks which Camp, Dresser & McKee would perform in assisting the City prepare Part 1 and Part 2 permit applications such as: NPDES Part 1 Permit Application; Storm Water Quality Monitoring Program, Storm Water Utility Feasibility Study; and developing a public education program. He stated that the figures in the agenda memorandum are only estimates and the City has not negotiated this contract. Council Member Rhodes asked for an explanation as to why the contract could not be done in-house to reduce some of the expense, and Mr. Garza presented his justification for the expense of the contract and stated that the City did not have the expertise to prepare the application and submit a plan of action. Mr. Garza reviewed the funding for the contract. Council Member McNichols stated that he would like to see the City spend the money on task 2 and task 3 and within those tasks see if expenses could be cut down. He stated that the EPA knows that the City has to do this by a particular deadline and they Minutes Regular Council Meeting January 21, 1992 Page 7 want the application and a plan turned in. He stated that he believes that the City can for the most part put in a plan in an acceptable way with the required essentials and he does not think the EPA will turn that down. He noted that would cut down the City's costs on that particular portion. Dr. McNichols asked if the equipment could be borrowed, and Mr. Garza stated that the monitoring is going to have to be continuous once it is started. Dr. McNichols referred to task 3 - storm water utility feasibility study and asked what are the on-going costs that would require a separate utility, and Mr. Garza stated that as the second phase of the permit application, the City will have to develop the best management practices program that indicates and commits the City to do certain things to clean up the water prior to its being discharged into either its drainage ditches or into its bays. He stated that one of the things would be street sweeping. City Manager Garza and Deputy City Manager Garza responded to various questions about the tasks, the area to be tested, and the funding. Dr. McNichols referred to task 4 and stated that the City can educate its citizens about this once it is in place, and City Manager Garza and Deputy City Manager Garza stated that the City is not staffed to handle that. Council Member Moss asked if other cities are doing this, and Deputy City Manager Garza responded in the affirmative. He stated that these are official rules which were adopted in 1990. He stated that local companies will be involved in this project. Council Member Slavik expressed concern that the environmental results will be overly costly for the city. She stated that she feels that the EPA is asking too much from cities in requiring that they be responsible for cleaning up rainfall runoff. Council Member McNichols inquired if the City could initially just negotiate a contract to complete Part 1 NPDES Municipal Storm Water discharge permit application for the City, using as much as possible in-house capability and only involving the consultant at this point in the Part 2 permit to the extent that the City has the wet weather monitoring program. Mary Rhodes stated that the contract could be structured any way the Council wants but stated that sooner or later it all has to get done. Deputy City Manager Garza stated that he would not recommend doing what Dr. McNichols suggested. He stated that the City could negotiate very hard and try to keep costs down wherever possible and whenever possible participate in portions of it to reduce costs. He stated that for staff to do a major portion of this project would simply not be a prudent thing to do. Council Member Guerrero expressed the opinion that the City has no choice but to comply with the new regulations. Minutes Regular Council Meeting January 21, 1992 Page 8 Mr. J. E. O'Brien, 4130 Pompano, commented about all the funds spent on various City studies. He suggested tabling everything connected with Part 2 and noted that President Bush is expected to impose a 90 -day moratorium on most federal regulations as part of the economic recovery plan. Mayor Rhodes advised that the Council is not approving the contract but just the authorization to negotiate. City Secretary Chapa polled the Council for their votes and the following motion failed to pass: 12. Failed to Pass The foregoing motion failed to pass by the following vote: Rhodes, Galindo, Guerrero and Longoria voting, "Aye"; McComb, McNichols, Moss and Slavik voting, "No"; Martin absent at the time the vote was taken. City Manager Garza reminded the Council of the sanctions the City faces if it does not comply with the EPA regulations. Mayor Rhodes moved to authorize the City Manager to enter into a contract with Camp, Dresser, & McKee for professional services to complete Part 1 NPDES Municipal Storm Water discharge permit application for the City. The motion was seconded by Council Member Guerrero and passed unanimously; Martin absent at the time the vote was taken. Mayor Rhodes called for the City Manager's report and there was no report. Mayor Rhodes commented in regard to a Council Member serving as a representative on the Community Justice Council, and Council Member McComb moved to appoint Council Member Longoria to the Council. The motion was seconded by Council Member Guerrero and passed unanimously; Martin absent at the time the vote was taken. Mrs. Rhodes stated that she would like for Council Member Martin to take her seat on the Economic Development Commission A motion was made by Council Member McComb to make the necessary changes in the EDC contract to allow the Mayor to appoint someone to take her place. The motion was seconded by Council Member Guerrero and passed unanimously. Mayor Rhodes called for Council liaison reports. Minutes Regular Council Meeting January 21, 1992 Page 9 Council Member Slavik asked for a report on the floor replacement at the Ethel Eyerly Senior Center and Lindale Senior Center. Council Member McComb raised questions regarding level of service under the City's contract with the cable company, and City Attorney Bray stated that the Cable Commission checks into complaints regarding level of service. Mayor Rhodes announced that the Closed Session has been postponed at the request of the City Manager. Mayor Rhodes called for petitions from the audience on matters not scheduled on the agenda. Mr. Abel Alonzo, 1701 Thames, expressed appreciation to the Mayor and Council for allocating the funds needed to make City Hall accessible to all handicapped persons. He spoke about needs of the handicapped. It was the consensus of the Council to begin next week's Council Meeting at noon because of the various reports that have to be given. Mr. Philip Rosenstein, 949 Bobalo, spoke on the issue of emergency home repairs and he expressed appreciation to Council Member Slavik for visiting the Saturday night country western dance group at Lindale Senior Center. Mr. Tony Statton, 1401 Rodd Field, raised questions in regard to the invocation given at Council Meetings. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 5:05 p.m. on January 21, 1992. I HEREBY CERTIFY that the foregoing is a true and correct copy of the Minutes of the Regular Council Meeting of the City of Corpus Christi of January 21, 1992, which were approved by the City Council on February 4, 1992. WITNESSETH MY HAND AND SEAL, this the 14th day of February, 1992. rja (1�>> Armando Chapa City Secretary