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.