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HomeMy WebLinkAboutMinutes City Council - 01/26/1993MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 26, 1993 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Edward Martin Council Members: Cezar Galindo Leo Guerrero Joe McComb Dr. David McNichols Betty Jean Longoria 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 Chaplain Jenny Russell, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member McComb. 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 19, 1993, and there being no corrections, she proclaimed them approved as presented. xxxxx•::sxx Mayor Rhodes recognized members of the Moonlight Chapter of the Corpus Christi American Association of Retired Persons, present at the day's meeting. Mr. Dick Auger, spokesperson, presented a $3,000 check to the City's Senior Community Services on behalf of the organization to be used for the City's Meals on Wheels program. Mr. Auger also discussed the organization's various fund raisers and expressed appreciation to the local television and radio stations and local newspaper for their support. MICROFILMFP Minutes Regular Co. ;il Meeting January 26, 1993 Page 2 A brief discussion ensued and several Council Members commended the organization for their fine work in the community. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 11, and Council Members requested that Items 1, 2, 4, 5, 6, 7, and 8 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M93-029 Motion approving a supply agreement for cast iron foundry items, in accordance with Bid Invitation No. BI -0074-93 with International Supply, Corpus Christi, Texas based on low bid for an estimated annual expenditure of $87,081.90. 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. Funds have been budgeted for FY 92-93 by Gas, Water, Wastewater, Traffic Engineering, and Street Departments. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 9. RESOLUTION NO. 021555 Resolution approving a bond resolution by Coastal Bend Health Facilities Development Corporation providing for the Issuance of Bonds for Incarnate Word Health Services. The foregoing resolution passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 10. ORDINANCE NO. 021556 Authorizing the City Manager or his designee to execute a one year lease agreement to include an option to renew annually for twenty years with the U.S. Department of Transportation, Federal Aviation Administration, in consideration of establishment, maintenance, and operation of Omnidirectional Approach Lighting Systems at the Corpus Christi International Airport. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Minutes Regular Co. . it Meeting January 26, 1993 Page 3 11. ORDINANCE NO. 021557 Authorizing the City Manager or his designee to execute a five-year lease agreement with option to renew for five years upon notice to the City Manager thirty days prior to expiration, with the United States of America (National Weather Service) for 1,628 net square feet on second floor of Airport Tower Building and parking space adjacent thereto at the Corpus Christi International Airport, for a monthly fee of $1,628. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Relative to Item 1, motion approving a supply agreement for dumpster route service with Browning-Ferris, Inc., Council Member McNichols stated that it was his understanding that the City possessed the personnel and trucks to provide this service, but did not possess the necessary industrial containers. Dr. McNichols inquired whether it would be more cost- effective for the City to purchase these containers and perform the service in-house. City Manager Garza explained about the additional equipment required for the use of City trucks and additional personnel required to perform the service in-house. Mr. Garza next stated that the use of private contractors was the best approach for this particular service. Dr. McNichols inquired whether landfill dumping fees would be charged to the contractor, and City Manager Garza stated that he would provide this information to the Council. Council Member Moss inquired about the City's Solid Waste Department administering the contract instead of Maintenance Services. City Manager Garza explained that Maintenance Services administered other similar contracts involving the maintenance and upkeep of City facilities. Pursuant to Item 2, motion approving a supply agreement for pavement marking paint with Trantex, Inc., Council Member Moss stated his support of the purchase, and referred to the short term of the contract. Further, Mr. Moss inquired about the necessity of the review of the specifications. City Manager Garza explained the review by the City's Street Department evaluating alternative pavement marker products which could result in longer lasting products and possible cost reductions. Council Member Slavik referred to a recent newspaper article concerning the visibility of street markings in the City during wet weather conditions. City Manager Garza discussed the efforts to utilize street markers instead of paint for City streets and Airport runways. Relative to Item 4, approving the purchase of 1,200 stacking chairs and six chair trucks, Council Member Galindo inquired about the City's chair replacement procedures. City Manager Garza explained the procedure and commented that the phased -out chairs would be shared with the U.S.S. Lexington Museum on the Bay. Minutes Regular Co, .;i1 Meeting January 26, 1993 Page 4 A brief discussion ensued, and Council Member Martin stated support of the use of the phased -out chairs by the Lexington Museum. Mr. Martin further stated that the City could not give the chairs to the Lady Lex and suggested that the City Manager carefully review applicable procedures for the transfer of the chairs, such as leasing. Responding to an inquiry from Council Member Guerrero, City Manager Garza explained that the low bidder did not conform to the specification requirement to use 100 percent nylon upholstery on the chairs. He stated that for this reason staff decided to select the second low bidder. Mayor Rhodes opened the discussion on Item 5, awarding a contract to E.J. Stefek Company to construct a force main from the Horne Road Lift Station to the Westside Collection System and to construct a force main along Staples Street from the Arcadia Lift Station to Texas Trail. Council Member McNichols stressed the importance of the diversion of the Horne Road Lift Station which would reduce the flow to the Oso Wastewater Treatment Plant and decrease the overflow on Brawner Parkway during wet weather conditions. Council Member Martin agreed with Dr. McNichols' comments, and further stressed the importance of the reduced flow to the Oso Plant. Mr. Martin also inquired about the Engineer's estimated costs. Mr. Crull, Director of Engineering, commented on the estimate and explained the time frame involved for the completion of the projects. Responding further, Mr. Crull commented favorably on a project that E.J. Stefek Company performed for the Texas Department of Transportation. Council Member Moss agreed with the comments of Council Members McNichols and Martin, and referred to the precise cost of the project. Mr. Crull confirmed this cost. Further, Mr. Moss inquired about a recent project at the Arcadia Lift Station, and Mr. Crull explained the recent project which replaced the lift station. Responding further, Mr. Crull stated that the project presently before the Council was not a duplication of the Arcadia Lift Station replacement. Council Member Galindo inquired about the City's notification procedures informing the property owners located in the area, and Mr. Crull explained the scheduled meeting planned between the property owners and the City. Mr. Crull responded to several additional questions posed by Mr. Galindo. Mayor Rhodes opened the discussion on Item 6, awarding a contract in the amount of $30,671 to Martin & Schmidt Construct Company to relocate and install two metal storage buildings. Council Member Galindo inquired whether this contract could be performed in- house. City Manager Garza explained the circumstances and stated that the contract would be more appropriately administered by an outside contractor. Minutes Regular Co, oil Meeting January 26, 1993 Page 5 Council Member Longoria inquired whether the City possessed a building construction crew, and City Manager Garza explained the street and facility maintenance and repairs performed by City staff. Relative to Item 7, motion authorizing the City Manager to submit an application for $60,000 for the FY93 Emergency Shelter Grant Program (ESG) and execute all related documents pertaining to the ESG Program, Council Member Moss inquired about the source of the matching funds in the grant. Mr. Kelly Elizondo, Director of Housing and Community Development, explained that the user agencies would be responsible for the matching funds. He further stated that the City would be responsible for the costs of administering the grant. Relative to Item 8, motion establishing the use of mobile phones by Council Members, Council Member McNichols expressed concern that the policy would eliminate the use of mobile phones provided by sources other than the City. A brief discussion ensued, and it was determined that calls made from any mobile phone could be submitted to the City for reimbursement as long as the calls were not long distance or directory assisted. Council Member Slavik referred to her previous request for the establishment of a rate cap similar to the travel expenditure cap. Mrs. Slavik inquired whether information about the cost of airtime per minute and an appropriate cost per month for use by the Council Members was presently being formulated. City Manager Garza explained that two major companies had proposed reduced rates to the City, and suggested bidding the mobile phone services for the best selection. Council Member Slavik inquired about the time frame involved, and City Manager Garza stated that this issue would be presented to the Council soon. City Secretary Chapa polled the Council for their votes as follows: 1. M93-027 Motion approving a supply agreement for dumpster route service in accordance with Bid Invitation No. BI -102-93 with Browning-Ferris, Inc., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $31,853.76. The term of the contract will 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. This contract will be administered by Maintenance Services and utilized by various City facilities. Funds have been budgeted for FY 92-93. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 2. M93-028 Motion approving a supply agreement for approximately 4,150 gallons of pavement marking paint in accordance with Bid Invitation No. BI -0073-93 with Trantex Inc., Minutes Regular Co. ,;il Meeting January 26, 1993 Page 6 Houston, Texas based on low bid for an estimated semi-annual expenditure of $26,488. The term of the contract shall be for six months with an option to extend for up to an additional six months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 92-93 by the Street and Aviation Departments. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 4. M93-030 Motion approving the purchase of 1,200 stacking chairs and six chair trucks in accordance with Bid Invitation No. BI -0092-93 from Braswell Office System, Corpus Christi, Texas for the total amount of $49,697.04, based on low bid meeting specifications. The chairs are budgeted in the 1992-93 Capital Outlay as replacements. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 5. M93-031 Motion awarding a contract in the amount of $1,161,046.58 to E.J. Stefek Company to construct a force main from the Horne Road Lift Station to the Westside Collection System and to construct a force main along Staples Street from the Arcadia Lift Station to Texan Trail. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 6. M93-032 Motion awarding a contract in the amount of $30,671 to Martin & Schmidt Construction Company to relocate and install two metal storage buildings. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 7. M93-033 Motion authorizing the City Manager or his designee to submit an application for $60,000 for the FY93 Emergency Shelter Grant Program (ESG) and execute all related documents pertaining to the ESG Program. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Minutes Regular Co, .;il Meeting January 26, 1993 Page 7 8. M93-034 Motion establishing the following policy regarding use of mobile phones by Council members: Council members may elect to use mobile phones provided by the City; the Council member shall pay all charges on each such phone; the Council member may request reimbursement for those itemized calls related to City business made by or to a Council member; reimbursement may not be requested for long distance or directory assistance calls. The foregoing motion passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes called for consideration from the Regular Agenda. Mayor Rhodes opened the discussion on Item 12, ordinance amending Ordinance No. 021318 adopting the final assessment roll and assessment levied against the owners of property abutting on Corona Drive and Williams Drive. Mayor Rhodes called for comments and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 021558 Ordinance amending Ordinance No. 021318, passed and approved on January 2, 1992, by amending Section 3 to adopt the final assessment roll and assessments ($87,507.80 on 22 items) levied against the owners of property abutting on Corona Drive from Everhart Road to Williams Drive and Williams Drive from Everhart Road to Corona Drive. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Guerrero, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the required public hearing for the closure and abandonment of Williams Drive right-of-way from Everhart Road easterly 119.30 feet, and the ordinance closing and abandoning the 60 -foot wide Williams Drive right-of-way from Everhart Road easterly 119.30 feet, subject to the entire right-of-way being retained as a utility easement and payment of $9,000 as fair market value and waiving the requirement to replat the property. Mr. Crull briefly explained the closure and abandonment and recommended Council approval. Minutes Regular Co, . it Meeting January 26, 1993 Page 8 Mayor Rhodes called for comments from the audience. Ms. Sara Graham, owner of Group One Real Estate, expressed concern that the closure and abandonment would reserve the land as a utility easement and allow aboveground encumbrances. Ms. Graham further stated that she had negotiated the price based on aboveground encumbrances not being present. Mr. Crull explained the utilities which would remain underground and the relocating of the Southwestern Bell lines. Mr. Crull also explained the discounts to the appraisal report. He further stated that the utility lines would not prevent the use of the land as a parking facility or driveways for the adjacent property owners. Ms. Graham requested assurance from the City that all utility lines would be underground and that the property would be free of aboveground encumbrances. Mr. Crull confirmed. Council Member Martin inquired whether the City would be responsible for the costs of relocating the Southwestern Bell lines. Mr. Crull answered in the negative, and further discussed the appraisal value. Mr. Martin expressed concern that the requirement to replat the property was being waived. Mr. Crull explained that staff suggested waiving the replatting because the recommendation to close and abandon the property was made by the City and not the adjacent property owners. Mayor Rhodes stated that she agreed with the staffs recommendation and inquired whether the City could be responsible for the replatting fees. Council Member Martin stressed the importance of replatting the property, and commented that the replatting fees could be waived. Mr. Crull discussed the expense and time involved for the City to perform the replatting. A brief discussion ensued, and City Manager Garza suggested that the hearing be recessed until the next Council meeting to allow time to obtain additional information. Council Member Moss stated that he supported the staff's recommendation and expressed concern that the matter had previously been presented to the Council on numerous occasions. Mayor Rhodes announced that the hearing would be recessed and the ordinance would be withdrawn from consideration until the next Regular Council meeting. Council Member Galindo requested that the appraisal value of the property be included in the material for the next meeting. Minutes Regular Co. .;il Meeting January 26, 1993 Page 9 13b. WITHDRAWN The Council went into closed session pursuant to Article 6252-17, V.A.C.S., Section 2(e), regarding construction defects in City Hall and regarding Municipal Court computer system. The Council returned from closed session, and Mayor Rhodes reconvened the Regular Council Meeting. t t Y t t t f t t i• t Mayor Rhodes called for the City Manager's report, and Mr. Garza stated that he had no report. Mayor Rhodes referred to several telephone calls she recently received concerning Council Member Guerrero's past travel expense reports. She stated that these reports revealed contacts by Council Member Guerrero with a present bidder of the City's natural gas distribution system. She requested that Council Member Guerrero withdraw his participation from the Gas Purchase Committee and abstain from future voting or discussion of the sale so as not to taint the sale of the gas system. Council Member Guerrero stated that he did not have an answer at this time. Mayor Rhodes stated that she appointed members to the Gas Purchase Committee and that she was dismissing Council Member Guerrero from the committee. She requested his cooperation. Responding to Council Member Guerrero, Mayor Rhodes stated that her request resulted from Mr. Guerrero's involvement with members of the Board of the Southern Union Gas Company and his encouragement to City Manager Garza in closed session to negotiate the sale only with Southern Union Gas Company. Mr. Guerrero denied that he encouraged the City Manager to negotiate only with Southern Union Gas Company. He stated that Southern Union Gas was recommended by Resource Management International, Inc. (RMI) and that he did not previously converse with RMI or the City Manager regarding the sale. Mr. Guerrero commented that the referenced meeting was with Metro Communications, a holding company, on various economic issues in the community. He further stated that such meeting occurred approximately one year ago when the City was not Minutes Regular Co, .;11 Meeting January 26, 1993 Page 10 negotiating terms for the sale. Mr. Guerrero also expressed the importance of obtaining opportunities which would benefit and add a higher quality of life to the City. Responding further, Mr. Guerrero stated that he did not know that this company was interested in buying the City's gas system at the time of his meeting with them. Mayor Rhodes stated that, according to RMI, Mr. Guerrero contacted them to discuss the sale. Mayor Rhodes stated that, if Mr. Guerrero continued voting and discussing the sale, he would be in violation of the City's Code of Ethics. Responding to Council Member Guerrero, City Manager Garza stated that Mr. Guerrero did argue in the closed session that the City negotiate only with Southern Union Gas Company. Responding further, Mr. Garza commented that he assumed Mr. Guerrero's request resulted from the information presented to the Council in the closed session. Mr. Guerrero stated that he did not have to conform to the Mayor's request to abstain from future voting or discussion on the sale because the Council was a one person/one vote Council with each member possessing equal power. He further stated that he felt the Mayor's actions were wrong. Mayor Rhodes stated that, since Mr. Guerrero did not wish to cooperate, she felt that this matter should be turned over to the District Attorney's Office for investigation. Council Member McComb referred to the extensive process of the Gas Purchase Committee, and expressed concern that their efforts could be for naught. Mr. McComb further referred to the relative deadlines placing the sale of the City's gas system on the April 3, 1993 election, and inquired whether Southern Union Gas should be removed from the negotiation process. Mayor Rhodes commented that this option had occurred to her and stated that it was her understanding that Southern Union Gas Company submitted a good bid and was innocent of any wrongdoing. She further stated that she did not feel they should be removed. Further, Mr. McComb stressed the importance of retaining the confidence of the voting public. City Manager Garza stated that good faith negotiations were continuing with the two bidders, and suggested the continuation of the negotiations. Council Member Moss commended RMI, and commented on their choice of the bidders. A brief discussion ensued and it was determined that RMI did not favor any particular bidder. Council Member Martin reviewed the mechanics of arriving at the present Council direction concerning the sale. Mr. Martin also stressed the importance of the sale to achieve the necessary improvements in the City's water and wastewater areas. He next Minutes Regular Co, , it Meeting January 26, 1993 Page 11 stated that the report of Mr. Guerrero's actions had caused several Council Members to feel the process formulating the sale of the gas system had been tainted, but Mr. Guerrero did not have the same sentiments. Mr. Martin next suggested examining ways to correct the mistaken perception, and suggested that Mr. Guerrero abstain from future voting and discussions. Council Member Guerrero stated that he did not mind abstaining from future voting and discussion on the sale to remove any mistaken perceptions, but did not appreciate the Council exploiting his actions. He further referred to the poor economy and stated that the Council should take initiatives to improve the conditions in the City. Council Member McNichols agreed with Mr. Martin's earlier comments, and stated that in his opinion the process of the sale had not been tainted. Council Member Martin stated that the Gas Purchase Committee had not met, by choice, since the selection of the consultant. Council Member Slavik confirmed. Council Member McNichols commended RMI for their efforts in presenting the different proposals to the Council and briefly discussed the conclusions. He further stated that the process had not been influenced inappropriately and nothing improper had occurred. Mayor Rhodes called for Council concerns and reports. Council Member Martin inquired about meetings on the City's wastewater issues and budget. City Manager Garza explained that the wastewater issues would be returned to the Council in February, and that a budget discussion was scheduled at the conclusion of the next Regular Council meeting. Responding further, Mr. Garza stated that he would provide material to the Council in the Friday packets regarding the budget. Next, Mr. Martin referred to a letter recently received from the proprietors of the Boat House, and requested examination of such letter by the City Manager. Mr. Garza briefly discussed the issue and stated that he would provide details to the Council. Council Member Slavik inquired about the time frame for completion of the repairs to the Airport's roof and the liquified damages. City Manager Garza stated that he would provide a report on this issue. Next, Mrs. Slavik referred to the recent material distributed to the Council regarding the ban of smoking in restaurants and her prior suggestion that the City contact the Texas Municipal League. Mr. Garza replied that her suggestion was presently underway and discussed new findings concerning the hazards of secondary smoke. Mrs. Slavik further discussed possible future federal mandates requiring total smoking bans. Council Member Longoria requested information about improvements at the Nueces River Park and an area on Up River Road, and City Manager Garza stated that he would investigate these areas. Council Member Moss called attention to areas on Ocean Drive which were in need of street repairs, and City Manager Garza stated that he would investigate the matter. Minutes Regular Co, .zil Meeting January 26, 1993 Page 12 Council Member McComb inquired about the smoking ordinance, and City Manager Garza explained that he would return the draft ordinance to the City/County Health Department for revision. Mr. McComb suggested that the ordinance could increase the no smoking area for restaurants and discussed unfavorably the proposed record keeping by the restaurant owners. He further stated that it was his understanding that restaurant owners would support a total ban of smoking. Mr. McComb further inquired about the status of Mr. Garza's recent letter to the Texas Water Commission. Mr. Garza stated that he received the response today and that he would provide information to the Council in the Friday packet. Council Member Guerrero referred to his past request for the City to clean the ditches in the Corpus Christi International Airport area. Mr. Garza stated that this process was currently in progress and was time consuming. Council Member McNichols requested that the Council be kept informed of recent activities of the Texas Water Commission affecting the City's potential long range plans. Mayor Rhodes called for petitions from the audience. Mr. J. E. O'Brien, 4130 Pompano, expressed numerous concerns regarding the recent issuance of General Improvement Refunding Bonds, Series 1993. Mr. Garza distributed material to the Council regarding the recent bond refunding. Further, through the use of charts, he explained that the funds used to refinance the bonds were the same funds which had been set aside to be used for the March 1, 1993 Debt Service payment. Mr. Martin reiterated this statement and stated that the Attorney General mandated that these funds be set aside. Mr. Garza further discussed the $2 million difference referenced by Mr. O'Brien and stated that the bonds were being refinanced at a lower interest rate and allows the payments to be made at a lower amount which results in a savings to the City of $643,360. Mr. Garza further explained the refunding of the reinvestment zone bonds. A brief discussion ensued regarding this issue, and Council Member Slavik suggested that in the future the City provide information to the public regarding such issues prior to Council discussion and approval. Ms. Salia Simms, 913 Maguey, commented on the hazards from the refineries located in her neighborhood. Ms. Simms further expressed appreciation for the meetings regarding the recent explosions and requested an update of City efforts to correct the problem. Mr. Garza briefly explained the short and long range plans of the Local Emergency Planning Committee (LEPC). Further, Mayor Rhodes referred to the recent efforts of the refineries to inform City officials about uncommon events at the refineries. Ms. Simms also referred to the request of property owners to the City for a buy-out of the properties located in the refinery area. Minutes Regular Co. , it Meeting January 26, 1993 Page 13 A discussion ensued and Council Member Longoria invited the public to the upcoming meeting on January 29, 1993 at 7:00 p.m. at the St. John First Baptist Church regarding such issues. Council Member Slavik discussed past telephone calls she received from property owners in the area concerning offers from CITGO to purchase property in the area. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:21 p.m. on January 26, 1993. . s s s s* s s s s s s s 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 26, 1993, which were approved by the City Council on February 2, 1993. WITNESSETH MY HAND AND SEAL, this the 5th day of February, 1993. /» Armando Chapa City Secretary SEAL 1-47