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.
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Armando Chapa
City Secretary