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HomeMy WebLinkAboutMinutes City Council - 03/16/1993I 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 March 16, 1993, which were approved by the City Council on March 23, 1993. WITNESSETH MY HAND AND SEAL, this the 23rd day of March, 1993. SEAL 7 Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 16, 1993 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Edward Martin Council Members: Cezar Galindo Dr. David McNichols Betty Jean Longoria Clif Moss Mary Pat Slavik City Manager Juan Garza * City Attorney James R. Bray, Jr. Assistant City Attorney Alison Gallaway City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Council Member Galindo, following which the Pledge of Allegiance to the Flag of the United States was lead by Miss Leslie Schwierzke. 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. *City Attorney James R. Bray arrived at the Regular Council Meeting at 2:07 p.m. Mayor Rhodes called for approval of the Minutes of the Regular Council Meeting of March 9, 1993, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes recognized and presented a Proclamation to Miss Leslie Schwierzke, representing the Eisenhauer School of Twirling. Mayor Rhodes commented that Miss Schwierzke would be representing the United States of America in the World Twirling Championship competition in Marseilles, France. Miss Schwierzke expressed appreciation to the Council. Mayor Rhodes opened the discussion on the Auditor's Letter on Internal Control previously provided to the Council. Ms. Rosie Vela, Director of Finance, introduced Mr. Gary Maglicco, a representative from KPMG Peat Marwick, the accounting firm performing the auditing process. Mr. Maglicco discussed the auditing standards followed in the auditing process, and referred to the commendable cooperation from City staff. Minutes Regular Cc oil Meeting March 16, 1993 Page 2 Mr. Maglicco also discussed areas requiring attention revealed through the process. He stated that these areas involve the staffs financial reporting to the City Council, control of deposits for remote collections points, and the disaster recovery plan. Council Member Moss inquired whether the audit yielded evidence that grafting was a major concern. Mr. Maglicco replied that improving the security system involving City assets would be beneficial, but that the audit did not reveal discrepancies or improprieties involving the present security system. Council Member Moss expressed concern about the completion of the internal control letter and date the letter was presented to the Council. Mr. Maglicco explained the requirements of the American Institute of Certified Public Accounts, (AICPA) regarding the finalization date of the letter in relationship to negotiations between staff and his firm. City Manager Garza commented on improvements to future auditing procedures which would apprise the Council of the proceedings throughout the process. Mr. Maglicco suggested that a planning workshop be held initially to obtain Council directives. Responding to Council Member McNichols' inquiry, Mr. Maglicco commented on specific improvements to staffs financial reporting to the Council. He stated that these improvements would allow the Council to measure the performance of the City on a routine basis. Responding further, Mr. Maglicco stated that the auditing process offered suggestions to protect the City's assets from loss, unauthorized use, or abuse. Dr. McNichols inquired whether the City's mainframe backup procedures were adequate, and Mr. Maglicco discussed the routine backup procedures performed daily. Council Member Galindo inquired about the City's present disaster recovery plan. Mr. Maglicco discussed protecting the system at its permanent location and suggestions to secure temporary processing services during a major disaster. City Manager Garza discussed the development of a procedure allowing continuation of basic housekeeping procedures during a disaster. Council Member Martin suggested improved coordination between the staff and KPMG Peat Marwick in the preparation of the report to the Council. He stated that recommended suggestions regarding legitimate policy disputes could then be addressed by the Council. Mr. Maglicco next suggested improvements to the internal control letter addressing Mr. Martin's concerns. Council Member Slavik inquired whether staffs response to KPMG Peat Marwick's concerns was satisfactory, and Mr. Maglicco replied in the affirmative. Responding further, Mr. Maglicco discussed adjustments currently under review which would provide the internal control letter to the Council at an earlier date. Responding to Council Member Moss, Mr. Maglicco commented that input from the Council in the initial stages of the auditing process would be beneficial. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Co. cil Meeting March 16, 1993 Page 3 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3 through 15, and Council Members requested that Items 3, 5, 8, 10, and 12 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 4. M93-088 Motion approving a supply agreement for custodial service for City Hall and five buildings at the Service Center in accordance with Bid Invitation No. BI -0116-93 with Lira Construction, Corpus Christi, Texas based on low bid of $62,880. The term of the contract will be twelve months with an option to extend for a period of up to an additional two (2) years in one (1) year increments subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 92-93. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 6. M93-090 Motion approving a supply agreement for approximately 405 one -ton cylinders and 10 one hundred fifty lb. cylinders of liquid chlorine in accordance with Bid Invitation No. BI -0122-93 with DPC Industries, Corpus Christi, Texas based on low bid for an estimated annual expenditure of $132,632. The term of the agreement shall 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. Funds have been budgeted for FY 92-93 by the Wastewater Department. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 7. M93-091 Motion approving a supply agreement for armored courier service in accordance with Bid Invitation No. BI -0123-93 with Horacio Ortiz Independent Security Consultant, Inc., Corpus Christi, Texas based on only bid for an estimated annual expenditure of $20,100. The term of the contract shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 92-93 by the using departments. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Minutes Regular Co._c,i1 Meeting March 16, 1993 Page 4 9. M93-093 Motion authorizing the City Manager or his designee to submit a grant application to the Texas Department of Transportation for funding of an Occupant Protection Selective Traffic Enforcement Project (STEP) and authorizing the City Manager to execute the Texas Traffic Safety Program Contract, designating the Chief of Police as the official representative of the City. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 11. ORDINANCE NO. 021601 Authorizing the City Manager or his designee to execute a one-year lease agreement with Royal In-Flite Catering, Inc. for 3304 square feet at the Corpus Christi International Airport. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 13. ORDINANCE NO. 021603 Authorizing the City Manager or his designee to execute a five year lease agreement with the United States Department of the Army Corps of Engineers for the lease of Slip L-10 on the Lawrence Street T -Head at the City Marina, for a monthly fee of $164.75 plus electricity costs in excess of $19.00 per month. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 14. ORDINANCE NO. 021604 Authorizing the City Manager or his designee to execute a five year lease with the American Little League for the use of 6.66 acres at Botsford Park for youth baseball programs for $1 and maintenance of the facility and premises. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 15. ORDINANCE NO. 021605 Amending the Code of Ordinances, Chapter 36, Parks, Recreation, Cultural and Leisure Time Activities by amending Article II, Convention Center and Coliseum, by updating existing titles, facility names, deleting sections which are no longer applicable and other housekeeping items. Minutes Regular Co. it Meeting March 16, 1993 Page 5 The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye? Pursuant to Item 3, motion concerning a supply agreement for traffic signs and control devices, Council Member McNichols referred to the item being withdrawn from consideration on the last agenda to examine the costs for City staff to produce the traffic signs. Dr. McNichols inquired whether this type of cost comparison was performed automatically. City Manager Garza replied that the comparison was performed in this instance, but was not customary. Dr. McNichols suggested that a cost comparison be performed on all contracts in the future. Mayor Rhodes called for comments from the audience, and there were none. Mayor Rhodes opened the discussion on Item 5, motion approving a supply agreement for copy paper, and Council Member Moss referred to the amount of paper in the purchase. City Manager Garza commented that the agreement was a Joint Governmental Purchase and that the copy paper would be used by several entities. Council Member Slavik inquired about available commodities for joint purchasing, and Mr. F. D. Glenn, Purchasing Agent, commented that presently joint purchasing consisted mainly of paper products. City Manager Garza referred to a joint purchase currently under review involving the purchase of police vehicles. Council Member Slavik suggested the use of joint purchasing whenever practical. Council Member McNichols referred to the lower cost of raw paper products, and discussed the present and future costs of recycled paper. Mayor Rhodes called for comments from the audience, and there were none. Mayor Rhodes opened the discussion on Item 8, motion approving the purchase of cover dirt from Bay, Inc. Council Member McNichols referred to the cost of the dirt in the contract, and inquired whether lower priced dirt was available from an earlier project. Mr. Bob Bruner, Director of Solid Waste Services, stated that the lower priced dirt was not available and that dirt through the proposed contract with Bay, Inc. was lower than the City's current supply agreement for the purchase of dirt. Mayor Rhodes called for comments from the audience, and there were none. Mayor Rhodes opened the discussion on Item 10, ordinance amending the City Code of Sections 38-17 to permit the Police Chief to deny or restrict parade vendor permits for reasons of public safety. Council Member Slavik commented favorably on the ordinance. She also inquired whether Mr. Bob Tucker, Manager of the Buccaneer Commission, was in agreement. Police Chief Garrett replied that Mr. Tucker was in agreement. Minutes Regular Co, it Meeting March 16, 1993 Page 6 Mayor Rhodes stressed the importance of the ordinance to strengthen public safety during parades in the City. Council Member Martin inquired whether City Attorney Bray was confident that the ordinance was applicable, and Mr. Bray replied in the affirmative. Mayor Rhodes called for comments from the audience, and there were none. Mayor Rhodes opened the discussion on Item 12, authorizing the City Manager to execute a renewal of the Ackerley Airport Advertising, Inc. lease. Responding to Council Member Martin, Mr. George Hext, Director of Aviation, stated that Ackerley Airport Advertising, Inc. provided all the advertising in the airport terminal. Mr. Hext next discussed a recent malfunction of the mechanical advertising board in the airport terminal which was corrected. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. M93-086 Motion rejecting Bid Items 4.0 thru 7.0 of Bid Invitation No. BI -0061-93 based on lack of competition and approving a supply agreement for traffic signs and traffic control devices in accordance with the above mentioned bid invitation with the following companies for the following amounts based on low bid for a total estimated annual expenditure of $25,735.05. The term of the contracts will be twelve months with an option to extend for up to an additional twelve months subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted in FY 92-93 by the Warehouse Inventory for the Street, Gas, Water, and Wastewater Departments. A new bid invitation will be issued at a later date. Vulcan Signs Foley, AL $13,261.05 Items 1-1 - 1.25 Alamo Iron Works Sales & Supplies Corpus Christi TX $12,474.00 Items 2.0 - 3.0 GRAND TOTAL - $25,735.05 The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 5. M93-089 Motion approving a supply agreement for approximately 19,365 reams of copy paper in accordance with Joint Governmental Purchasing Group, Bid Invitation No. JGPG- Minutes Regular Co, :il Meeting March 16, 1993 Page 7 93-01 with Gulf Coast Paper Co., Corpus Christi, Texas based on low bid, for an estimated annual expenditure of $32,789.16. 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 the using departments. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 8. M93-092 Motion approving the purchase of approximately 200,000 cubic yards of cover dirt from Bay Inc., at a $1.45/cubic yard, totaling approximately $290,000 for the Elliott Landfill. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 10. ORDINANCE NO. 021600 Ordinance amending the City Code of Section 38-17 to permit the Police Chief to deny or restrict parade vendor permits for reasons of public safety. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 12. ORDINANCE NO. 021602 Authorizing the City Manager to execute a five-year renewal of the Ackerley Airport Advertising, Inc. lease at Corpus Christi International Airport. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." x** x s a a* s s s*+ Mayor Rhodes recessed the Regular Council Meeting for the meeting of the Corpus Christi Housing Finance Corporation and the meeting of the Corpus Christi Housing Improvement Corporation. Mayor Rhodes reconvened the Regular Council Meeting, and called for a recess. Mayor Rhodes reconvened the Regular Council Meeting, and called for considerations from the Regular Agenda. Minutes Regular Co. .:il Meeting March 16, 1993 Page 8 Mayor Rhodes opened the discussion on Item 18, motion approving the contract between the City and the Corpus Christi Bay Area Economic Development Corporation (EDC). City Manager Garza stressed the importance of representation in Washington concerning local military facilities and water supply issues. Mr. Garza introduced Mr. Gary Bushell, President of the Corpus Christi Area Economic Development Corporation. Mr. Bushell commented that the EDC felt the contract was a good investment with a practical cost benefit ratio. Council Member Slavik referred to comments she received regarding the success of the negotiations concerning the forgiveness or reduction of the Choke Canyon debt. City Manager Garza commented that the success would depend on the effectiveness of the presentations in Washington and at the U. S. Bureau of Reclamation (Bureau). Mr. Garza further discussed prior history justifying the request. Council Member McNichols referred to the difference in the projected and actual annual firm yields of water from the Choke Canyon Reservoir. He stated that this difference would impact future water supply projects. Dr. McNichols stated that the request for forgiveness or reduction of the debt was based on reasonable and logical facts, and that the proposed contract with EDC could save the City a significant amount of money in the future. Responding to Council Member Moss, City Manager Garza discussed the recent meetings between the City and staff of the Department of Interior. In further response, Mr. Bushell stated that the Council would be provided regular reports on the progress of the negotiations regarding the Choke Canyon debt. Council Member Martin stressed the importance of representation in Washington in terms of local dollars, concerning military base closures and the water issue. Further, Mr. Martin referred to previous Council direction to City staff concerning the proper handling of the Choke Canyon Reservoir issue. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 18. M93-094 Motion approving contract between City and Corpus Christi Bay Area Economic Development Corporation whereby Corporation will obtain professional representation in Washington, D.C. for a fee of $25,000 to preserve and expand area military facilities and for a fee of $30,000 to advance financing of long-term water supply infrastructure, and Corporation will supervise and report on such representation. Minutes Regular Co. _ it Meeting March 16, 1993 Page 9 The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 19, motion authorizing the City Manager to enter into an intergovernmental agreement with the Corpus Christi Independent School District (CCISD) for the construction and operation of a Natatorium and Recreation Center. City Manager Garza stated that the project would be beneficial to the community, and that the City could not fund such a project alone. Mr. Tom Utter, Group Manager, Development Services, reviewed the establishment, funding, costs, and benefits of the project. Mr. Utter also, through the use of a map, outlined the proposed recreational facilities, and discussed proposed scheduling of activities. Next, Mr. Utter referred to Item 20, Joint City/CCISD Natatorium/Gymnasium Architectural Services Contract. Council Member Galindo inquired about the location of the facilities with respect to the surrounding area. Mr. Utter explained. Mr. Galindo inquired whether the gymnasium at the Corpus Christi Academy could be utilized instead of constructing the proposed gymnasium. Mr. Utter referred to the utilization of the Ben Garza Gymnasium and several school gymnasiums in the City, and stated that a more extensive use of these facilities was not feasible. Council Member Galindo next inquired about plans to locate a Regional Transportation Authority facility in the area, and Mr. Utter discussed potential plans. Mr. Galindo also expressed concern about the creation of additional traffic in the area. Mr. Utter discussed vehicular and non -vehicular accessibility to the facility. Council Member Galindo expressed concern about the City's commitment to a specific architect in Item 20. City Manager Garza discussed the procedures by which CCISD bid the project adhering to State law requirements, and stated that the procedure was adequate for use of the architect by the City. Council Member Moss commented favorably on the joint relationship between the City and CCISD for the facility, and suggested a different funding arrangement. Mr. Utter explained the proposed funding arrangement. Council Member Longoria inquired about the facility being available to local schools in the community, and Mr. Utter discussed the proposed availability. Mayor Rhodes called for comments from the audience. Mr. Ronald A. Hudson, 3556 Austin Street, suggested that the best utilization of the natatorium between the school districts would be consolidation. Mr. Jimmy Rodriguez, Vice Chairman of the Park and Recreation Advisory Committee and Educative Director of Texas Special Olympics, commented favorably on the project and requested Council approval. Minutes Regular Co. .:il Meeting March 16, 1993 Page 10 Mr. George Dunson, counselor at Del Mar College, commented favorably on the necessity of a southside recreational facility. Responding to Council Member Moss, City Manager Garza referred to the completion date of the project. Assistant City Secretary Koenning polled the Council for their votes as follows: 19. M93-095 Motion authorizing the City Manager to enter into an intergovernmental agreement with the Corpus Christi Independent School District for the construction and operation of a Natatorium and Recreation Center at Cabaniss Field on Saratoga Boulevard. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." 20. M93-096 Motion approving an Agreement for Architectural Services with McCord & Lorenz Architects in the amount of $43,500 to develop design plans and specifications and to provide general administration for the construction of a gymnasium and related facilities in conjunction with Corpus Christi Independent School District's proposed natatorium to be located on School District property near the intersection of Saratoga and Kostoryz. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 21, consideration of resolutions and other actions deemed appropriate by the City Council, as to the following matters involving legislative issues before the 73rd Texas Legislature. Council Member Martin moved to approve the proposed resolutions, 21a through 21h. Mr. Martin then stated that approval was consistent with the guidelines of the City's general policy, and suggested that, since the staff's recommendations are competent and consistent with the City Manager's authority, that in the future, staff decide the appropriate actions on each legislative issue and inform the Council of such actions. Mr. Ronald A. Hudson, 3556 Austin, expressed concern about specific language in several proposed resolutions, and suggested clarification of such language. Assistant City Secretary Koenning polled the Council for their votes as follows: Minutes Regular Co. ail Meeting March 16, 1993 Page 11 a. RESOLUTION NO. 021606 Resolution commending Senator Carlos Truan for his successful efforts to change the name of Corpus Christi State University to Texas A&M - Corpus Christi. The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." b. RESOLUTION NO. 021607 Resolution supporting passage of legislation to clarify that creation of county education districts shall have no adverse effect on reinvestment zones. The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." c. RESOLUTION NO. 021608 Resolution supporting House Bill 825 (an act relating to the authority of a municipality to correct certain violations of municipal sanitation regulations). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye? d. RESOLUTION NO. 021609 Resolution supporting House Bill 172, House Bill 178, and Senate Bill 191 (acts relating to the disposition of certain abandoned and unclaimed property, gambling paraphernalia, prohibited weapon, criminal instrument, and other contraband). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." e. RESOLUTION NO. 021610 Resolution opposing House Bill 703 (an act relating to the establishment of local boards and a statewide board to receive and act on complaints of police misconduct; creating an offense). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." Minutes Regular Co, iI Meeting March 16, 1993 Page 12 f. RESOLUTION NO. 021611 g. Resolution supporting House Bill 844 (an act relating to the increase in civil penalties for violation of pipeline safety standards). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." RESOLUTION NO. 021612 Resolution opposing House Bill 1328 (an act relating to a prohibition of application of the employment -at -will doctrine to certain employees). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." h. RESOLUTION NO. 021613 Resolution supporting House Bill 832 (an act relating to the civil penalty a municipality may recover for a violation of certain water control ordinances). The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McNichols, Moss, and Slavik voting "Aye." The Council went into closed session pursuant to Article 6252-17, Sec. 2(e), V.A.C.S., regarding Snyder v. City, No. 92-5910-H, 347th District Court, Nueces County, Texas. The Council returned from closed session. Mayor Rhodes called for the City Manager's report, and Mr. Garza stated that he had no report. Mayor Rhodes referred to the sign above the door to the Mayor's Office in City Hall. She inquired why the sign had been recently covered. City Secretary Chapa explained that there had been a citizen complaint during the prior election and, after staff deliberation, it was decided to cover the sign to avoid a public display during the election proceedings which were in close proximity. Mr. Chapa stated that in his opinion the signs were not in violation, and Mr. Bray concurred. Mayor Rhodes requested that the sign be uncovered. Mayor Rhodes called for Council concerns and reports. Council Member Martin inquired about a response to the letter from EnClean, and City Manager Garza stated that he would respond and provide the Council a copy. Council