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.