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HomeMy WebLinkAboutMinutes City Council - 01/18/1994I 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 January 18, 1994, which were approved by the City Council on January 25, 1994. WITNESSETH MY HAND AND SEAL, this 22nd day of Aril, 1994. Ar ando Chapa City Secretary SEAL MICR0p11 ilifPh MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 18, 1994 2 p.m. PRESENT Mayor Pro Tem David McNichols Council Members: Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin Clif Moss David Noyola City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa ABSENT Mayor Rhodes Mayor Pro Tem McNichols called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend Dale Laster, St. Matthew Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Galindo. 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 Pro Tem McNichols called for approval of the Minutes of the Regular Council Meeting of January 11, 1994. Council Member Moss made a motion to approve the Minutes of the Regular Council Meeting of January 11, 1994, seconded by Council Member Best, and passed unanimously. Mayor Pro Tem McNichols recessed the Regular Council Meeting for the meeting of the Corpus Christi Housing Finance Corporation. Mayor Pro Tem McNichols reconvened the Regular Council Meeting. Regular Co. ail Meeting January 18, 1994 Page 2 Mayor Pro Tem McNichols called for consideration of items from the Regular Agenda and opened the discussion on Item 2, the action regarding Motion M93-309 approved October 26, 1993 (award of contract to construct Northside [Oveal Williams] Senior Center). City Manager Garza referred to UMM, Inc.'s request to rescind the contract. City Secretary Chapa clarified the proposed motion. Council Member Martin made the motion, and the motion was seconded by Council Member Best. Council Member Longoria inquired whether rescinding the contract would cause a delay in the project. City Manager Garza stated that it should not cause a delay. Mayor Pro Tem McNichols called for comments from the audience, and there were none. 2. M94-009 Motion to grant UMM, Inc.'s January 17, 994 request to rescind the award of contract in the amount of $690,711 to construct the Northside Senior Citizen and Community Center by repealing Motion M93-309; to return UMM, Inc.'s bid bond submitted for this project; and deferring an action regarding other bids previously submitted for the construction of this project. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. Mayor Pro Tem McNichols opened the discussion on Item 3, a motion authorizing the City Manager to negotiate an agreement with Moss & Barnett for cable television consulting services. Mayor Pro Tem McNichols referred to the prior resolution and ordinance concerning the matter and requested that staff address the issue at the day's meeting. Mr. Bill Hennings, Deputy City Manager, stated that the City had taken all the necessary steps for justification of the cable television company's rates and charges. He also referred to the company's recent submittal and stated that the City had a thirty day review period. He suggested requesting an extension of the review period and specific information since the submittal appeared to be incomplete. Next, Mr. Hennings discussed the proposals received and the credentials of the top three consulting firms. He stated that the Cable Communications Commission concurred with the City staff's selection. In response to Council Member Martin, Mr. Hennings discussed the cost and proposed agreement. Mr. Martin requested that the contract be returned to the Council for approval. Regular Co. ail Meeting January 18, 1994 Page 3 Council Member Noyola expressed concern about employing an outside firm for $15,000 when City staff and the Cable Communications Commission could perform the review. Council Member Best inquired whether the cost of $15,000 would be offset by a future rate decrease. Mr. Hennings discussed the initial and appeal process and stressed the importance of possessing expertise in the field. Dr. Best also inquired whether the City could wait and observe the reviews of other cities. Mr. Hennings stated that, if the City did not presently act on the matter, the City would be acquiescing to the cable company's position. In further response, Mr. Hennings discussed the benchmark rate structure. Further deliberation ensued and City Manager Garza stated that the contract would be provided to the Council for approval as well as timely status reports on the issue. Mayor Pro Tem McNichols called for comments from the audience. Mr. Leon Perez, 904 Buford, expressed concern about the rates for cable television in the City. He also referred to the position of Congressman Solomon Ortiz on the matter. In response, City Manager Garza stated that Congressman Ortiz supported giving cities authority to regulate the rates of cable companies. City Secretary Chapa polled the Council for their votes as follows: 3. M94-010 Motion authorizing the City Manager to negotiate an agreement with Moss & Barnett for cable television consulting services. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No"; and Rhodes absent. Mayor Pro Tem McNichols called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 4 through 13, and Council Members requested that Items 4, 7, 10, 11, and 12a and 12b be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 5. M94-011 Regular Co. al Meeting January 18, 1994 Page 4 Motion approving a supply agreement for elevator/escalator maintenance in accordance with Bid Invitation No. 81-0049-94 with Montgomery Elevator Company, Corpus Christi, Texas, based on low bid and best bid for a total of $38,394. The term of the contract will be twelve months with an option to extend for up to twelve additional months subject to the approval of the supplier and the City Manager or his designee. This service will be used by various departments and funds have been budgeted in FY93-94. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. 6. M94-012 Motion approving supply agreements for traffic markers which includes approximately 70,000 lbs. of glass spheres; 25,250 reflectorized plastic pavement markers; 280 reflective pavement legends and 5,000 lbs. of adhesive, in accordance with Bid Invitation No. BI -0025-94 with the following companies for the following amounts, based on low bid, and only bid, for an estimated annual expenditure of $87,975.72. The term of the agreements 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. These items will be used by the Street Department. Funds are budgeted FY 93-94 by the Street Department. (Attachment # 6) Cataphote, Inc. Jackson, MS $10,304.00 Glass Spheres Trantex, Inc. Houston, TX $25,784.50 Reflectorized Plastic Pavement Markers, Adhesive Low Bid Low Bid GRAND TOTAL - $87,975.72 The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. 3M Co. St. Paul, MN $51,887.22 R e f l e c t i v e Pavement Legends Only Bid 8. M94-014 Motion approving the purchase of 17,800 ft. of copper tubing and pipe, ranging in size from %" - 2", in accordance with Bid Invitation No. BI -0082-94, from International Supply, Corpus Christi, Texas, based on low bid for a total of $20,299. This tubing will be used by the Water Department. Funds are budgeted in FY 93-94 by the Water Department. Regular Co ail Meeting January 18, 1994 Page 5 The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. 9. M94-015 Motion approving the purchase of 1,000 gallons of malathion from American Cyanamid Company, Wayne, New Jersey, for a total of $18,670 based on sole source. This chemical will be used by Health Department's Vector Control for control of mosquitos. Funds have been budgeted in FY 93-94. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. 13. ORDINANCE NO. 021859 Authorizing the City Manager, or his designee, to execute a ten-year lease agreement with Memorial Medical Center for real property and subsequent improvements on property located at Martin Luther King Drive and Sam Rankin Street. The foregoing ordinance passed on second reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. Mayor Pro Tem McNichols announced the discussion on Item 4, a motion approving a supply agreement for approximately 5,100 tons of limestone rock asphalt (cold mix/cold laid) Types B and D with Vulcan Materials Company, San Antonio, Texas, based on the only bid of $130,050. Council Member Moss referred to his recent discussions concerning a specification revision allowing participation of local companies and an approximate fifteen percent savings. He suggested a reduction in the term of the supply agreement. City Manager Garza replied that he would contact the supplier and make an inquiry about a reduction in the term. Council Member Moss suggested withdrawing the item pending an answer. Council Member Martin referred to the controversy surrounding the use of limestone rock asphalt and requested information concerning its use. Mayor Pro Tem McNichols stated that Item 4 was withdrawn from consideration at the day's meeting. 4. WITHDRAWN Regular Co, :Al Meeting January 18, 1994 Page 6 Mayor Pro Tem McNichols announced the discussion on Item 7, a motion approving a supply agreement for automatic transmission overhaul and repair service for automobiles and light trucks with AAMCO Transmissions, Corpus Christi, Texas based on low bid for an estimated annual expenditure of $45,570. Council Member Noyola inquired whether the City possessed expertise for transmission repair and, if so, suggested that the City's Maintenance Services Department perform the transmission work. City Manager Garza stated that it was more cost effective to use private contractors for the transmission repairs. Council Member Moss referred to the large number of transmission repairs and suggested close monitoring. Mayor Pro Tem McNichols discussed the distinct nature of transmission maintenance. none. Mayor Pro Tem McNichols called for comments from the audience, and there were City Secretary Chapa polled the Council for their votes as follows: 7. M94-013 Motion approving a supply agreement for automatic transmission overhaul and repair service for automobiles and light trucks in accordance with Bid Invitation No. BI -0066-94 with AAMCO Transmissions, Corpus Christi, Texas based on low bid for an estimated annual expenditure of $45,570. The term of the contract 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 by Maintenance Services and the Fire Department. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. Mayor Pro Tem McNichols announced the discussion on Item 10, a motion authorizing the City Manager to execute an annual supply contract for professional services with Bio -Aquatic Testing, Inc., for biomonitoring testing of wastewater treatment plant effluent. Regular Co. :il Meeting January 18, 1994 Page 7 Council Member Galindo requested a cost comparison between the work performed by the City's laboratory and outside contractors. City Manager discussed the distinct nature of the biomonitoring and the absence of the proper equipment at the City's laboratory. Council Member Cooper inquired about estimating the costs of the professional services. City Manager Garza explained the advantage and basis of the cost estimation. In response to Council Member Martin, Mr. Garza discussed the testing performed at the City's laboratory and stated that biomonitoring was not included. Council Member Martin inquired about the cost of the equipment for biomonitoring and the possibility of performing this testing in-house. City Manager Garza stated that the costs and feasibility of performing this testing in-house would be examined and provided to the Council. none. Mayor Pro Tem McNichols called for comments from the audience, and there were City Secretary Chapa polled the Council for their votes as follows: 10. M94-016 Motion authorizing the City Manager to execute an annual supply contract for professional services with Bio -Aquatic Testing, Inc., for biomonitoring testing of wastewater treatment plant effluent for a twelve month period, in the estimated annual amount of $30,855, with an option to extend for up to an additional twelve months subject to the approval of the contractor and the City Manager. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. Mayor Pro Tem McNichols announced the discussion on Item 11, a motion authorizing the City Manager to execute an agreement in the amount of $30,900 with McCord and Lorenz Architects to prepare plans and specifications and to provide construction administration services for three water utilities capital improvement projects. Council Member Moss referred to the installation of the automated controls, control panel, and computer terminals. City Manager Garza explained that this would be performed by the architect. Council Member Moss suggested that the process be closely monitored by the City's Municipal Information Systems Department. none. Mayor Pro Tem McNichols called for comments from the audience, and there were City Secretary Chapa polled the Council for their votes as follows: 11. M94-017 Regular Co. ril Meeting January 18, 1994 Page 8 Motion authorizing the City Manager to execute an agreement in the amount of $30,900 with McCord and Lorenz Architects to prepare plans and specifications and to provide construction administration services for three water utilities capital improvement projects: W3, Stevens Plant Laboratory Expansion; W4, Stevens Plant Filter Building Renovation; and W5, Stevens Plant Control Room Renovations for Automation. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. Mayor Pro Tem McNichols announced the discussion on Items 12a and 12b pertaining to the McKinzie Road improvements. Council Member Longoria discussed funding of the project and inquired about the fund transfers. Mr. Carl Crull, Director of Engineering Services, discussed the agreement between the City and the Texas Department of Public Safety (TXDOT) concerning the McKinzie Road and Violet Road projects. Next, Council Member Longoria inquired about the status of an offramp at McKinzie Road. Mr. Crull discussed the State project and stated that staff would provide further information. Lastly, Mrs. Longoria requested an informative public meeting to address citizen concerns before the scheduled public hearing. Council Member Moss inquired about the project's completion date. Mr. Crull replied that the anticipated completion date was September of 1995. Council Member Martin discussed the projects related to the 1970 bond program. Also, Mr. Martin supported Mrs. Longoria's request for a public meeting concerning the McKinzie Road improvements. none. Mayor Pro Tem McNichols called for comments from the audience and there were City Secretary Chapa polled the Council for their votes as follows: 12a. ORDINANCE NO. 021857 Ordinance determining the necessity for and ordering improvements to McKinzie Road from Haven Drive to McKinzie Lane in Corpus Christi, Nueces County, Texas; requiring the Director of Engineering Services to prepare and file plans and specifications; requiring the City Secretary to file notice in the Office of the County Clerk, Nueces County, Texas, as to the action herein; providing how such improvements shall be paid. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola and Rhodes absent. Regular Co. .:il Meeting January 18, 1994 Page 9 12b. ORDINANCE NO. 021858 Ordinance approving the written statement of the Director of Engineering Services of the various costs for the improvements to McKinzie Road from Haven Drive to McKinzie Lane; determining the portion of said costs to be assessed against abutting property and the portion to be paid by the City; setting a public hearing on the preliminary assessment roll during the regular 2:00 p.m. Council Meeting, February 22, 1994, in the Council Chambers, City Hall, 1201 Leopard Street, Corpus Christi, Texas. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola and Rhodes absent. Mayor Pro Tem McNichols announced that the closed session regarding Item 14 was being withdrawn and then announced the closed session regarding Item 15. 14. Closed session pursuant to the Texas Government Code, Section 551.071, regarding City of Corpus Christi v. U.S. West Communications Services, Inc., et al, No. 92-4804-E, 148th District Court, Nueces County, Texas; with possible action in open session approving settlement thereof. (This item was not discussed in closed session.) 15. Closed session pursuant to the Texas Government Code, Section 551.071, regarding Dora A. Williams, et al v. City of Corpus Christi, No. 91-662-C, 94th District Court, Nueces County, Texas; with possible action in open session approving settlement thereof. City Manager Garza reiterated that Item 14 would be withdrawn from consideration at the day's meeting. The Council went into closed session regarding Item 15. The Council returned from closed session. Mayor Pro Tem McNichols called for the City Manager's report. City Manager Garza stated that staff would discuss the Texas Coastal Management Program and the Texas Catastrophe Property Insurance Association (CATPOOL) regulations. Mr. Tom Utter, Group Manager, Development Services, discussed the Coastal Management Program's (CMP) policy development document and the incorporated Coastal Coordination Council (CCC). He outlined the related "Focus Groups" and Regular Co. ail Meeting January 18, 1994 Page 10 discussed concerns about the authority of the Coastal Coordination Council. He further referred to the upcoming meeting about the CMP policies and guidelines and stated that Mr. Norbert Hart, Assistant City Attorney, would be the local focus group's representative. Council Member Martin expressed concern that the CCC would have veto authority over local governments and inquired about the implementing legislation. Mr. Utter stated that it was originally believed that the CCC would be a coordinating effort only and discussed the upcoming meetings concerning the issue. Mayor Pro Tem McNichols suggested that the City express opposition to the powers given to the CCC and requested up-to-date status reports. Next, Mr. Utter discussed the Texas Catastrophe Property Insurance Association (CATPOOL) regulations and inspections in the City. He also stated that the City had made a proposal to CATPOOL to perform their inspections. Mr. Utter responded to several questions concerning the CATPOOL regulations. Mayor Pro Tem McNichols commented that Mayor Rhodes and Police Chief Henry Garrett were attending a conference with Attorney General Janet Reno on crime prevention. Next, Dr. McNichols referred to the upcoming agenda items concerning the purchase of water from Garwood Irrigation Company and requested that staff provide information to the Council as soon as possible on the item. Mayor Pro Tem McNichols called for Council concerns and reports. Council Member Galindo referred to the 1986 bond program and inquired about the remaining projects. Ms. Grace McNett, Capital Budget Officer, reviewed the remaining projects. Mr. Galindo referred to an earlier statement about the completion of the program and stressed the importance of completion. A brief discussion ensued concerning specific projects. Council Member Moss referred to a recent interview of Mr. Utter concerning the placement of political signs in the City. Mr. Utter discussed the placement of signs in the City and on federally owned property. Council Member Noyola requested information on the cost for legal representation concerning the single member district lawsuit and requested an update. City Attorney Bray stated that staff did not have an indication on the date of the opinion. Mr. Noyola made a motion that staff contact the Attorney General on whether the Regional Transportation Board possessed legal authority to change their mission statement. City Attorney Bray stated that a limited number of officials could request the opinion and the City did not have the authority. Further deliberation ensued and Mr. Noyola withdrew his motion. Regular Co. sil Meeting January 18, 1994 Page 11 Council Member Longoria referred to street improvements in the City in association with bond programs and suggested that the Council keep abreast of the needed improvements. Council Member Cooper referred to a private fence in need of maintenance and requested staff to investigate the matter. Mayor Pro Tem McNichols called for petitions from the audience. Mr. Abel Alonzo, 1701 Thames, referred to the proposed merger between the Corpus Christi Area Tourist and Convention Bureau, the Chamber of Commerce, and the Corpus Christi Bay Area Economic Development Corporation, and inquired whether the City would continue to fund the organization and whether the meetings would continue to be closed. City Manager Garza replied that the funding would be continued. City Attorney Bray replied that it was his understanding that the present meeting structure would be continued. Mr. Alonzo expressed concern that the meetings would continue to be closed and stated that the support of the community would not be present since the meetings would be closed. There being no further business to come before the Council, Mayor Pro Tem McNichols declared the Council Meeting adjourned at 4:25 p.m. on January 18, 1994.