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HomeMy WebLinkAboutMinutes City Council - 02/08/1994I 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 of February 8, 1994, which were approved by the City Council on February 15, 1994. WITNESSETH MY HAND AND SEAL, this the February 18, 1994. Armando Chapa City Secretary SEAL MIUOLMEC MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 8, 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 Mary Rhodes Mayor Pro Tem McNichols called the meeting to order in the Council Chamber of City Hall. The invocation was delivered by Reverend Willie Davila, Church of Reconciliation, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Best. 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 25, 1994. Council Member Best made a motion to approve the Minutes of the Regular Council Meeting of January 25, 1994, seconded by Council Member Noyola, and passed unanimously. , Minutes Regular Cc it Meeting February 8,1994 Page 2 Mayor Pro Tem McNichols announced the presentation by the Corpus Christi Bay Area Economic Development Corporation concerning the South Texas Military Facilities Task Force. Mr. Loyd Neal, Chairman of the South Texas Military Facilities Task Force (STMH"1'1), discussed the necessity and preparation for the upcoming Base Realignment and Closure Committee (BRAC) 1995 and the increased competition. He next discussed the 1993 budget and the proposed 1994-1995 budget and requested $275,000 from the City ($125,000 for 1994 and $150,000 for 1995). Council Member Martin stressed the importance of the bases and referred to the funds in the Housing Finance Corporation (HFC). Council Member Moss expressed appreciation to Mr. Neal for the success of the last base closure hearing. He next stressed the importance of reducing the national deficit and encouraged promotion of the local economic advantages during the upcoming BRAC 1995. Council Member Best suggested retaining the HFC funds for emergency purposes, such as future hurricanes. City Manager Garza discussed the advantages of utilization of the funds for the BRAC 1995 effort. Council Member Best made a motion to direct the staff to proceed with locating the funding necessary as stipulated by the South Texas Military Facilities Task Force in the amount of $125,000 for the balance of 1994 and $150,000 for 1995 and return of the item to the Council as a budget consideration. The motion was seconded by Council Member Martin. City Secretary Chapa polled the Council for their votes and the motion passed unanimously. (M94-036) Council Member Martin pointed out that utilization of the HFC funds for BRAC 1995 would not require a tax increase. Council Member Longoria expressed appreciation to Mr. Neal and the members of the task force for their efforts. Council Member Cooper expressed appreciation to Mr. Neal and congratulated him on his recent receipt of the Henry B. Baldwin award from the Corpus Christi Chamber of Commerce. Council Member Noyola referred to citizen participation in the last base closure review and expressed appreciation to the Task Force. Mayor Pro Tem McNichols referred to the Board and Committee appointments on the agenda. City Secretary Chapa explained that appointments to the Housing Authority and the Oil & Gas Advisory Committee were made by the Mayor. He further stated that, Minutes Regular Cou. Meeting February 8,1994 Page 3 since the Mayor was absent from the day's meeting, appointments to these committees were withdrawn from consideration. The following appointments were made by the Council: Corpus Christi Bay Area Economic Development Corporation Alex Garcia Ethics Commission Rev. J. Allen Lowe WITHDRAWN Ho Intergovernmental Commission on Drug and Alcohol Abuse Jenny Allen WITHDRAWN - - Planning Commission Richard Serna Senior Community Services Advisory Committee Maxine Reser Annie Poldrack Ray Garcia (Advisory Member) Senior Companion Program Advisory Committee JoAnne Valdez Sister City Committee Dolores DeLeon Joshua Hinojosa Transportation Advisory Committee Bert Quintanilla Minutes Regular Cou. Meeting February 8,1994 Page 4 Workforce Development Corporation Rosie Rangel Mayor Pro Tem McNichols referred to the recent refinery explosion and stated that Council Member Longoria would address the matter. Council Member Longoria referred to the staffs recent meeting with the citizens and the meeting among herself, Mayor Rhodes, and City Manager Garza and discussed the formation of a Mayor's advisory committee to work with the refineries. Mrs. Longoria further commented that Mr. Harold Moore, National Association for the Advancement of Colored People, would be a member of this committee and invited interested parties to contact the Mayor for further information. Mrs. Longoria also commented that Mr. John Hall, Chairman of the Texas Natural Resource Conservation Committee, would be requested to visit the City and address the concerns of the citizens residing in the refinery area. Council Member Moss suggested that the Chief of Staff also be invited to the meeting. Council Member Longoria invited the public to the upcoming meeting. Mayor Pro Tem McNichols called for comments from the audience. Ms. Patricia Gomez, Oak Park resident, expressed appreciation to the Council for their interest and concern and urged the Council to develop better communications between the citizens and the refineries. Reverend Roy L. Malueaux, 1801 Van Loan, stressed the importance of a clean environment and requested that the item be placed on the agenda so the citizens residing near the refineries could voice their concerns. He further requested that these citizens be moved from the area. Council Member Noyola expressed concern about the safety of the residents and made a motion to place the item on the agenda and allow citizen input. Further deliberation ensued, and it was the consensus of the Council to place the item on the agenda for citizen input in conjunction with the visit by Mr. John Hall. Mr. Abel Alonzo, 1701 Thames, expressed appreciation to the Mayor and Council for their concern for the residents residing close to the refineries. Mr. John Hartley, 3925 Sandy Hollow Creek, stressed the importance of the refineries to the community. He further inquired whether the wastes from the refinery could be used to produce water and suggested better sewer and waste systems in the area. Minutes Regular Cou Meeting February 8,1994 Page 5 Mr. John Clay, 2814 John, referred to his wife's illnesses possibly resulting from exposure to refinery wastes and suggested that the area be developed as an industrial park instead of a residential area. He further requested that the City assist the residents in relocating. A northwest resident expressed appreciation to the Council for their interest in the problem and agreed with the previous speakers' concerns. Mr. Leon Perez, 904 Buford, referred to the growth of the refineries and suggested that the refineries purchase the properties located in close proximity. A northwest resident expressed appreciation to the Council for their concern and discussed purchase of the surrounding property by the refineries. Ms. Lena Coleman, 2023 Stillman, discussed the fear associated with residing in the Hillcrest area and the reduction in the fair market value of her Hillcrest properties. Mayor Pro Tem McNichols pointed out that the City had a plan to address the issue in the near future. ! i i i i i i i i i i i Mayor Pro Tem McNichols referred to Item 2a and opened the public hearing to receive input on the proposed street closure of Union Street. Mr. Bill Hennings, Deputy City Manager, referred to a map and outlined Union Street and the surrounding area. He next discussed the actions by the refinery to create a buffer zone. Council Member Moss referred to past purchases by the refineries for surrounding property and inquired whether a record of the transactions was available. Mr. Hennings replied that the refineries possessed these types of records. Council Member Longoria pointed out that the deed records did not contain this information since most transactions were on a cash basis. Further, Mrs. Longoria discussed her understanding of the area and inquired whether the refinery would be allowed to build closer to Union Street. Mr. Hennings stated that the area was zoned light industrial and would not prohibit expansion in this area. He further commented that the refinery wished to create a green belt or buffer zone around the plant. Council Member Martin referred to the creation of the buffer zones through the acquisition of the surrounding property which would lead to reduced residential uses. He further expressed concern that the City did not possess a planning tool ensuring a long term solution. He then discussed the creation of a new formalized zoning district for the buffer areas and stated that the refineries would be concerned about property taxes since these areas would be unusable. Next, Mr. Martin commented on prohibiting access from Eden Lane as a condition of closing Union Street. Minutes Regular Cou. Meeting February 8,1994 Page 6 Further deliberation ensued and it was the consensus of the Council to withdraw the item from consideration pending further information. Mayor Pro Tem McNichols called for comments from the audience concerning a formalized zoning district. Mr. C. Johnson, 5421 Eden Lane, opposed the Union Street closure because of increased traffic on Eden Lane. In response, Mr. Hennings stated that he was not aware of a vehicular access gate on Eden Lane and would investigate the matter. Ms. Nina Cabral requested that the item be postponed until the concerns of the residences close to the refineries were settled. Mr. J. E. O'Brien, 4130 Pompano, questioned the closure of Union Street being approved on an emergency basis. He further suggested that the item be withdrawn until the differences were resolved. Mayor Pro Tem McNichols stated that Items 2b and 2c were withdrawn from consideration at the day's meeting. Mayor Pro Tem McNichols made a motion to recess the public hearing, seconded by Council Member Galindo, and passed unanimously. 2b. WITHDRAWN as part of Best Addition as recorded in Volume 10, Page 21, which cxtcnds from McBride Lane easterly 673.66 feet; subject to compliance with the specified ••. 2c. WITHDRAWN Mayor Pro Tem McNichols called for consideration of items from the Regular Agenda and announced the discussion on Items 3a and 3b concerning the Oveal Williams Senior and Community Center. Mr. Tom Utter, Group Manager, Development Services, explained the bid process and the need and source of the additional funding. Minutes Regular Cou Meeting February 8,1994 Page 7 In response to Council Member Martin, Mr. Utter stated that the terms of the contract remained the same. Council Member Moss inquired about the credibility of the contractor. Mr. Utter discussed the credibility. Council Member Longoria requested a list of the subcontractors in the Workforce Development Corporation and senior citizen center projects. Mayor Pro Tem McNichols called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3a. M94-024 Motion awarding a contract in the amount of $752,400.00 to Ewing Construction Company, Inc. to construct the Oveal Williams Senior and Community Center. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. 3b. ORDINANCE NO. 021863 Ordinance appropriating $30,000 contributed by RTA for access improvements at the Oveal Williams Senior and Community Center into the Federal/State Grant Fund. An emergency was declared and the foregoing ordinance 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 4a and 4b concerning the Annaville Area Street Improvements No. 3, Phase I. Mr. Carl Crull, Director of Engineering Services, discussed the necessity of the items. Council Member Longoria referred to the upcoming meeting on February 13, 1994, at 2:00 p.m. on Mayfield Drive to answer citizen inquiries about the improvements. Mayor Pro Tem McNichols called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Coui Meeting February 8,1994 Page 8 4a. ORDINANCE NO. 021864 Ordinance determining the necessity for and ordering the improvements to the following streets in the City of Corpus Christi, Nueces County, Texas: Annaville Area Street Improvements No. 3, Phase I Mayfield Drive - Violet Road to Starlite Lane; 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; and 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, Moss, and Noyola voting "Aye"; Rhodes absent. 4b. ORDINANCE NO. 021865 Ordinance approving the written statement of the Director of Engineering Services of the various costs for the improvements of the following streets: Annaville Area Street Improvements No. 3, Phase I Mayfield Drive - Violet Road to Starlite 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, March 15, 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, Moss, and Noyola voting "Aye"; Rhodes absent. Mayor Pro Tem McNichols announced the discussion on Item 5, motion authorizing consultant engineering services with Traffic Engineers, Inc., to perform a study of the transportation infrastructure on the City's Southside. Mr. Crull reviewed the development of the study and stated that Traffic Engineers, Inc. was the proposed contractor. He also referred to the study area map and pointed out the boundaries. He stated that the study would provide a list of recommendations to help with the traffic flow in the South Padre Island Drive (SPID) commercial area. Minutes Regular Cou Meeting February 8,1994 Page 9 Council Member Galindo expressed concern about performing the study in light of the Holly Road widening and Crosstown Expressway extension. He stated that these two items would adequately reduce the traffic. Mr. Crull stated that the Crosstown Expressway extension and widening of Holly Road would reduce traffic on SPID for a few years, but traffic would be increased in the future with the continued growth of the area. Council Members Cooper and Moss stressed the importance of the study. In further response to Council Member Galindo, Mr. Crull explained that Municipal Planning Organization funds could not be utilized for street construction. none. A brief discussion ensued. Mayor Pro Tem McNichols called for comments from the audience, and there were City Secretary Chapa polled the Council for their votes as follows: 5. M94-025 Motion authorizing the City Manager to execute a contract for consultant engineering services with Traffic Engineers, Inc., to perform a study of the transportation infrastructure on the city's Southside for a fixed fee of $85,000, funded with Federal Highway Administration and Texas Department of Transportation urban planning funds. The foregoing motion passed by the following vote: Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting "No"; Rhodes absent. Mayor Pro Tem McNichols announced the discussion on Item 6 concerning outstanding General Improvement Bonds (GI) and Certificates of Obligation (CO) and outstanding Nueces River Authority (NRA) bonds. City Manager Garza referred to the recent one-fourth of one percent increase in interest rates and the effects of the increase on the refund recommendation. He further stated that the refund would allow for a savings without restructuring the debt. Ms. Rosie Vela, Director of Finance, distributed and discussed material reflecting potential interest rates. Mayor Pro Tem McNichols pointed out that the refunding would address the shortfall in the debt service fund. Dr. McNichols inquired about the effects of the refunding on the City's bond rating. Mrs. Vela discussed the advantages of the refunding and stated there were no negative effects. Minutes Regular Cou Meeting February 8,1994 Page 10 In response to Mr. Moss' inquiry about refunding other City debts, Mrs. Vela discussed the requirements. Mr. Moss inquired about floating new bonds previously authorized by the voters. Mrs. Vela discussed this possibility. City Manager Garza responded to several inquires from Council Member Galindo about the refunding. Council Member Martin referred to the previous citizen concerns about the refunding increasing the principal amount of voter approved bonds. City Manager Garza stated that the refunding would not involve new funds, but would replace an old debt, and was not additional debt according to the City Charter. A brief discussion ensued about the refunding. Council Member Martin suggested refunding in conjunction with the established goals of the debt service fund. Mayor Pro Tem McNichols compared the refunding to a homeowner refinancing a home mortgage to obtain lower interest rates. Mayor Pro Tem McNichols called for comments from the audience. Mr. J. E. O'Brien, 4130 Pompano, referred to previous bond refundings. He further stated support of the savings, but expressed opposition to combining voter approved debt with non-voter approved debt. In response, City Attorney Bray stated that separation of the debt would remain in tact, but staff would re-examine this issue before finalization. In response to Council Member Martin, City Manager Garza outlined the authorities ruling on the restructuring. In further response, City Manager Garza reviewed the proposed criteria for the refunding contained in Item 6: issuance of no new bonds or debt extension and a minimum savings of three percent and at least $200,000 per year. He further stated that staff would provide a schedule on a two and four year refunding basis. City Secretary Chapa polled the Council for their votes as follows: 6. M94-026 Motion authorizing the City Manager to take action necessary to refund outstanding General Improvement Bonds and Certificates of Obligation in the amount of $28,840,000 and outstanding Nueces River Authority bonds in the amount of $7,450,000. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. Minutes Regular Coin Meeting February 8,1994 Page 11 Mayor Pro Tem McNichols announced the discussion on Item 7 regarding the lease agreement with the Museum of Oriental Cultures. Mr. Utter reviewed the proposed lease and introduced Ms. Nancy Stevens, President of the Board of Trustees, present in the audience. In response to Council Member Moss, Mr. Utter discussed the ground maintenance in the agreement. Council Member Cooper expressed appreciation to Ms. Stevens for her efforts with the museum. Ms. Stevens discussed the proposed improvements to the museum and expressed appreciation to the Council for their assistance. She also distributed a pamphlet and referred to a model at the museum regarding the proposed improvements. She further invited the Council to become a member of the Museum of Oriental Cultures. In response to Council Member Longoria, Ms. Stevens outlined the improvements further. Mayor Pro Tem McNichols called for comments from the audience. Mr. R. F. Hasker, 1813 Wallace, inquired whether the City would provide free water and utilities to the museum. He discussed the cost and taxes of the building and stated that the building was paid for with funds from the utility funds. He inquired about the amount still owed to the utility fund. In response, City Manager Garza referred to the repayment plan which was presently in the budget. City Secretary Chapa polled the Council for their votes as follows: 7. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a twenty-year lease agreement with the Museum of Oriental Cultures for use of the International Longshoreman's Association Building. The foregoing ordinance passed on first reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Rhodes absent. Mayor Pro Tem McNichols called for a ten minute recess. Mayor Pro Tem McNichols reconvened the council meeting and announced the discussion on Items 8a and 8b as follows: Minutes Regular Coui Meeting February 8,1994 Page 12 8a. Consideration of request by Central Power & Light Company to lengthen schedules for filing rate information and responding to requests for information and to determine certain ratemaking procedures, in pending Public Utility Regulatory Act Section 42 proceeding. 8b. Consideration of consultant recommendation to adopt resolution rescheduling hearing date from April 19, 1994 to March 1, 1994 in pending Public Utility Regulatory Act Section 42 proceeding. Mayor Pro Tem McNichols stated that the City Council, acting as the regulatory authority under the Texas Public Utility Regulatory Act, previously initiated a study to review the reasonableness of CPL's rates and set time schedules for the receipt of information and a hearing date. He explained that the agenda item at the day's meeting was limited to procedural issues regarding the schedule. He further stated that CPL had requested a schedule extension and clarification of certain items and that some of the items were in dispute. Mayor Pro Tem McNichols requested discussion from CPL's representative present at the day's meeting. Mr. Mark Held, attorney for CPL, expressed appreciation to the Council for the opportunity to express CPL's views. He stated his opposition to the recommended time schedule and requested the Council to accord CPL a fair schedule allowing time for preparation of defense concerning CPL's current rates. He referred to the Diversified Utility Consultants, Inc.'s (DUCI) report and discussed the voluminous material requested from CPL. He also discussed the outage of the South Texas Nuclear Plant (STP) in association with CPL's current rates under review. Mr. Held next discussed CPL's proposed schedule provided in the agenda material and cited case history resulting in extensions. Mr. Glynn Pugh, attorney for Raymond Hasker, expressed concern that his client was being excluded from participation in the CPL rate hearing, pointing out that Mr. Hasker had not been placed on the day's agenda and had not received all relevant material to the case. He further stated that CPL's request was reasonable and requested the City to allow the extension. He next suggested that the shutdown of the nuclear generators be addressed as well. He further suggested that the Council employ an administrative law judge for assistance and stated that the City's proposed schedule denied Mr. Hasker a reasonable time for discovery and precluded any pre-trial conference and agreement. Lastly, Mr. Pugh stated that CPL's proposal was acceptable. Mr. Geoffrey M. Gay, attorney for CPL, presented his support of the schedule for filing rate information and responding to requests for information. He discussed the PUC report indicating that CPL was overearning and suggesting lower rates. He also discussed the DUCI report which indicated high costs for the South Texas Project affecting base rates. He further discouraged refunds since retroactive rate making was illegal and suggested a reduction in CPL's future rates. Mr. Gay also stressed the importance of preparing an immediate rate reduction action in association with the outage of the STP. He further pointed out that CPL had been informed that they were exempt from filing any specific schedules and explained that they could file a rebuttal without producing specific schedules. Minutes Regular Cou, Meeting February 8,1994 Page 13 Mr. Gay discussed the potential effective dates of a rate reduction, if deemed appropriate. He stated that the date could be the ordinance date or determined by the PUC after CPL appeals. He suggested that the effective date be negotiated beforehand to eliminate the procedural question. Council Member Martin stated that he preferred the proceeding be directly reviewed by the PUC since it was a de novo proceeding, but that Council review was performed to protect rights and join with the other cities. Mr. Gay explained that a Section 42 was discretionary and, unless there was city action mandating the consideration on appeal, the matter could be mooted at the PUC level. Mr. Gay discussed past and potential actions of the City of McAllen concerning the issue. Council Member Martin inquired whether Mr. Gay would need information from CPL not already in possession. Mr. Gay stated that DUCI did not need the information, but the information would be beneficial to the Council. He further stated that he would like to see it in order to give prompt and reasonable legal counsel. Council Member Martin referred to a previous CPL refund and inquired whether the refund involved the cost of fuel. Mr. Gay affirmed and discussed the difficulties in retroactive refunding. In response to Council Member Galindo, Mr. Gay requested that his letter dated January 17, 1994, to the City be incorporated into the resolution. Mr. Bray recommended an amendment to the resolution. Council Member Moss stated that San Antonio and Austin, also owners of the STP, were exempt from these proceedings and had implemented increases. He further stated that San Antonio, CPL, and Austin could require that Houston Light & Power pay for the extra cost of electricity while the plant was inactive. Mr. Gay referred to the upcoming meeting on February 14, 1994, to attempt a settlement of the issues before a PUC hearing. Council Member Noyola made a motion to amend the resolution to include Mr. Gay's letter dated January 17, 1994, seconded by Council Member Best, and passed unanimously by those present. In response to Mayor Pro Tem McNichols, City Attorney Bray discussed a potential delay of a PUC hearing if one City's proceedings were to lag those of other cities. In response to Council Member Martin, Mr. Held stated that the information which would be provided to McAllen by their February 17, 1994, deadline would be incomplete. Minutes Regular Coui Meeting February 8,1994 Page 14 City Secretary Chapa polled the Council for their votes on Mr. Noyola's motion to amend the resolution to include Mr. Gay's letter dated February 17, 1994. The motion passed. City Secretary Chapa polled the Council for their votes as follows on the resolution in Item 8b: 8b. FAILED The foregoing resolution failed as amended by the following vote: Galindo and Noyola voting "Aye"; Best, Cooper, Longoria, Martin, McNichols, and Moss voting "No"; Rhodes absent. City Attorney Bray explained that CPL's request and the consultant's recommendation were not approved through the failure of the resolution. Council Member Martin commented it was his understanding that the only item in dispute was the recommended time schedule. City Attorney Bray pointed out CPL's seven requests outlined in the agenda material which included the disputed document production deadline. City Attorney Bray suggested a medial deadline. A brief discussion ensued and it was determined that the item would be discussed further with all concerned parties and returned to the Council at a later date. Mayor Pro Tem McNichols called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 20, and Council Members requested that Items 12, 14, 15, and 16 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 9. M94-027 Motion rejecting bids received under Bid Invitation No. BI -0260-93 for sand for sludge drying beds based on revision of specifications. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola and Rhodes absent. Minutes Regular Com Meeting February 8,1994 Page 15 10. M94-028 Motion approving the purchase of thirteen heavy trucks in accordance with Bid Invitation No. BI -0075-94 on the basis of low bid. Funding for three 50,000 GVWR dump trucks will be furnished by GE Capital in accordance with the lease/purchase line of credit contract. All units are replacements and are budgeted in the 1993-94 Capital Outlay. Crosstown Ford Power Equipment International Corpus Christi Corpus Christi 5 Units 8 Units $215,925 $275,864 Total of Awards: $491,789 The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 11. M94-029 Motion approving a supply agreement for approximately 353 hot tap fittings ranging in size from 2" - 12", in accordance with Bid Invitation No. BI -0034-94 with T.D. Williamson, Inc., Tulsa, OK based on only bid, for an estimated annual expenditure of $40,629.50. The term of the agreement shall be 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 fittings will be used by the Gas Division. Funds are budgeted in FY 93-94 by the Gas Division. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 13. M94-031 Motion approving supply agreements for sludge dewatering polymers with the following companies in accordance with Bid Invitation No. BI -0296-93 based on low bid for a total of $64,574.00. 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 supplier and the City Manager or his designee. This chemical is used by the Wastewater Department in the treating of wastewater at the Oso, Broadway and Allison Treatment Plants. Funds have been budgeted for FY 93-94. Allied Colloids Suffolk. VA Oso Treatment Plant Broadway Treatment Plant Total: $48,814.00 Grand Total: $64,574.00 Cytec Industries West Patterson. NJ Allison Treatment Plant Total: $15,760.00 Minutes Regular Coin Meeting February 8,1994 Page 16 The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 17. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250, Schedule I - One -Way Street and Alleys, by establishing a one-way, westbound traffic pattern on Mestina Street between Waco Street and Staples Street. The foregoing ordinance passed on first reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 18. FIRST READING ORDINANCE Authorizing the City Manager, or his designee to execute a one year lease agreement with Royal In-Flite Catering, Inc. for 3,304 square feet at the Corpus Christi Intemational Airport. The foregoing ordinance passed on first reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 19. FIRST READING ORDINANCE Authorizing the execution of four separate five year Farm Leases to Kocurek Farms for utilization of 247.771 acres; T.M. and D.H. Bernsen Farms for utilization of 446.94 acres; Pat McDonough for utilization of 379.50 acres; and Kelly Farms for utilization of 310.30 acres of land at the Corpus Christi International Airport, with each lessee paying a rental fee of $25.00 per acre per year. The foregoing ordinance passed on first reading by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 20. ORDINANCE NO. 021867 Authorizing the City Manager or his designee to execute a 20 year lease with options to renew for four consecutive 10 year terms with Corpus Christi SMSA Limited Partnership (General Partner, Southwestern Bell Mobile Systems, Inc.) for a 50' x 60' tract at the Whitecap Wastewater Treatment Plant for erection of a cellular telephone antenna and equipment building. The foregoing ordinance passed on second reading by the following vote: Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin voting "No"; Rhodes and Noyola absent. Minutes Regular Com Meeting February 8,1994 Page 17 Mayor Pro Tem McNichols opened the discussion on the Items 12, 14, 15, and 16. Pursuant to Item 12, a motion approving supply agreements for automotive and commercial batteries, Council Member Galindo commented that the number of batteries appeared to be high. City Manager Garza discussed the City's monitoring of the batteries. Council Member Moss pointed out that automobiles were retired on a mileage basis. City Manager Garza discussed the replacement schedule and the use of police vehicles. Pursuant to Item 14, a motion approving Change Order No. 3 in the amount of $25,050 to the contract with D&B Company to construct and/or correct minor drainage problems at various locations throughout the City as part of the Minor Storm Drainage Improvements - 1992, Phase I, project, Council Member Moss inquired about the change order. Mr. Crull explained the necessity concerning the curb and gutter requirements. In further response, Mr. Crull discussed the funds for minor storm and sewer improvements in the 1986 bond program. Mayor Pro Tem McNichols referred to the items not performed due to budgetary constraints and requested a list of these items. Pursuant to Items 15a and 15b pertaining to McKinzie Road improvements, Council Member Galindo inquired about the escrow payment from other project funds. Mr. Crull explained that the funds were being borrowed and would be replaced at the time bonds are sold, in approximately April or May. Council Member Martin inquired about the total cost of the McKinzie Road improvements and the balance in the street bond fund. He further requested a report on the unappropriated funds and posed several questions concerning the pipeline relocation. Mr. Crull responded to each inquiry. City Manager Garza replied that the report would be provided. Pursuant to Item 16, an ordinance closing and abandoning a 1,025 square foot portion of a 10 -foot wide by 102.50 foot long utility easement in Lot 11, Block 38, King's Crossing Unit 1, Phase 1, Council Member Galindo inquired about the staff's appraisal in association with the total cost of the lot. Mr. Crull explained. Mayor Pro Tem McNichols called for comments from the audience, and there were none. (Council Member Martin abstained from voting on Item 16.) City Secretary Chapa polled the Council for their votes as follows: 12. M94-030 Motion approving supply agreements for automotive and commercial batteries in accordance with Bid Invitation No. BI -0071-94 with the following companies based on low bid for a total of $33,080.14. The term of the contracts will be twelve months Minutes Regular Coui Meeting February 8,1994 Page 18 with an option to extend for up to an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. The batteries will be used by Maintenance Services and the Fire Department. Funds have been budgeted for FY 93-94 by these departments. Exide Corporation Corpus Christi Automotive Batteries Total: $22,737.59 Energy Batteries Corpus Christi Conunercial Batteries Total: $10,342.55 Grand Total: $33,080.14 The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 14. M94-032 Motion approving Change Order No. 3 in the amount of $25,050 to the contract with D&B Company to construct and/or correct minor drainage problems at various locations throughout the City as part of the Minor Storm Drainage Improvements - 1992, Phase I, project. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 15a. M94-033 Motion authorizing an increase of $684,400 to the City's escrow account on deposit with the Texas Department of Transportation to cover costs associated with relocating, adjusting, and/or construction of water and wastewater facilities all as required for the construction of roadway improvements on McKinzie Road, from McKinzie Lane to Haven Drive. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. 15b. M94-034 Motion authorizing the City Manager to execute a pipeline adjustment agreement with OxyChem in the amount of $195,861 for adjustments of pipelines all as required for the construction of roadway improvements on McKinzie Road, from McKinzie Lane to Haven Drive. The foregoing motion passed by the following vote: Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Rhodes and Noyola absent. Minutes Regular Coin Meeting February 8,1994 Page 19 16. ORDINANCE NO. 021866 Ordinance closing and abandoning a 1,025 square foot portion of a 10 -foot wide by 102.50 foot long utility easement in Lot 11, Block 38, King's Crossing Unit 1, Phase 1, subject to the compliance with the specified conditions, and the owner replatting the property within 180 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Best, Cooper, Galindo, Longoria, McNichols, and Moss voting "Aye"; Martin abstaining; Rhodes and Noyola absent. Returning to Item 10, a motion approving the purchase of thirteen heavy trucks, Council Member Galindo inquired about the budget appropriation and the validity of the appropriation through a lease purchase. City Manager Garza explained. City Manager Garza referred to the closed sessions on the day's agenda and stated that Items 21 and 23 were withdrawn from consideration. 21. 23. Christi v. U.S. Wcst Communications Services, Inc., ct al, No. 92 4804 E, 148th settlement thereof. Mayor Pro Tem McNichols announced the closed sessions as follows: 22. Pursuant to Texas Government Code Sections 551.071 and 551.072 regarding purchase of water rights from Garwood Irrigation Company. 24. Pursuant to Texas Government Code Section 551.071 regarding United States Environmental Protection Order, Docket No. 6-89-0037A2, In the Matter of City of Corpus Christi, King Construction Company, Inc., Machunt Corporation, Proceedings Under Section 301(a) and 309(a)(3), Clean Water Act, [33 USC 1319 (a)(3)] in RE: Unpermitted Discharge of Pollutants into Waters of the U.S., Laguna Madre Near Flour Bluff, Corpus Christi, Texas (Dimmit Pier Propwash Case); with possible action in open session approving settlement thereof. The Council went into closed session. Minutes Regular Cc ._i Meeting February 8,1994 Page 20 i i i i i i i t i i• i The Council returned from closed session. Pursuant to Item 24, Mayor Pro Tem McNichols made a motion as follows: authorizing the City Manager to enter into, and perform the City of Corpus Christi's obligations under, the settlement agreement negotiated by City staff with King Construction, Inc., and United States Fidelity and Guaranty Company in satisfaction of United States Environmental protection Order, Docket No. 6-89-0037A2, providing for payment to the City of $700,000; use of said $700,000 by the City to remediate environmental damages alleged to arise from the Philip Dimmitt pier project; performance of the remediation construction contact by King Construction Company, Inc.; and related provisions and conditions as contained in said settlement agreement. The motion was seconded by Council Member Moss. In response to Council Member Galindo, Mr. Utter explained the City's actual costs concerning Item 24. City Secretary Chapa polled the Council for their vote on the motion and the motion passed as follows: Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo voting "No"; Rhodes and Noyola absent (M94-035). Mayor Pro Tem McNichols stated that Item 25, proposed purchase of water rights from the Garwood Irrigation Company under the City Manager's report would be discussed at a later date. City Manager Garza stated that he did not have a report. Mayor Pro Tem McNichols stated that Mayor Rhodes was absent from the day's meeting due to an illness and wished her a speedy recovery. Mayor Pro Tern McNichols called for Council concerns and reports. Council Member Cooper referred to her visit with the Green Fields by the Bay Neighborhood Association and City staff and expressed appreciation to the participants. She further encouraged other neighborhood associations to contact her for a meeting to address their concerns. Council Member Galindo referred to a letter recently received by the Council from Captain Clark concerning the Regional Transportation Authority operating a touring boat in the City. Council Member Longoria requested that staff address the issue and provide information to the Council. Council Member Longoria referred to an upcoming meeting on Thursday, February 10, 1994, at 7:00 p.m. at Tuloso-Midway High School to respond to questions about the McKinzie Road improvements. Minutes Regular Cou. Meeting February 8,1994 Page 21 Council Member Best referred to past reports received from Larry Meyers, lobbyist in Washington, and inquired about future reports. Dr. Best next referred to a television expose with City staff and inquired about problems with a ditch in the Waldron Road area. Mayor Pro Tem McNichols pointed out that the Council had not been informed recently of the problem. Dr. Best then suggested the creation of a city park under the Harbor Bridge which would allow control of alcoholic beverages and ground maintenance. Dr. Best also commented that Ms. Nancy Stevens, President of the Museum of Oriental Culture Board of Trustees, expressed appreciation to the Council for their assistance with the museum. Mayor Pro Tem McNichols called for petitions from the audience. Mr. J. E. O'Brien, 4130 Pompano, commented that canceling council meetings discouraged public participation and suggested that presentations be held during a workshop, especially the upcoming budget presentations. Mr. O'Brien referred to the City Charter concerning the validity of contracts over five years and suggested that the Council set the date for an election concerning the Lake Texana contract. Council Member Martin requested a written response from City staff concerning Mr. O'Brien's comments about the Lake Texana contract. There being no further business to come before the Council, Mayor Pro Tem McNichols declared the Council Meeting adjourned at 7:50 p.m. on February 8, 1994.