HomeMy WebLinkAboutMinutes City Council - 03/29/1994I 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 March 29, 1994, which
were approved by the City Council on April 5, 1994.
WITNESSETH MY HAND AND SEAL, this 27th day of April, 1994.
Armando Chapa
City Secretary
SEAL
MICROFILMED
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 29, 1994
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem David McNichols
Council Members:
Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward Martin
Clif Moss
*David Noyola
Deputy City Manager Bill Hennings
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Mayor Rhodes called the meeting to order in the Council Chamber of City Hall.
The invocation was delivered by Mr. Jess Cole, Padre Island Baptist Church,
following which the Pledge of Allegiance to the Flag of the United States was led by
Sarah and John Miglicco, students of St. James Episcopal School.
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 Rhodes called for approval of the Minutes of the Regular Council Meeting
of March 22, 1994, and the Special Council Meeting of March 15, 1994, and there being
no corrections, she proclaimed them approved as presented.
Mayor Rhodes recognized the employees retiring from the City in the month of
March, 1994 as follows: Mrs. Helen L. Compton, Police Department and Mr. Gene P.
King, Community Development Department.
The Council Members individually expressed appreciation to Mrs. Compton and
Mr. King present at the day's meeting.
Minutes
Regular Council Meeting
March 29, 1994
Page 2
*Council Member Noyola arrived at the meeting.
Mayor Rhodes referred to the Board and Committee appointments on the day's
agenda. The following appointments were made:
Enterprise Zone Committee
Ernest Carter
Lena Coleman
Lamont Taylor
Pat Gomez
Freddy Cavazos
Arturo Melve
Rey Hernandez
Joel Barrera
Mayor Rhodes stated that one vacancy exists on this committee and will be
scheduled for appointment at next week's meeting.
Mayor Rhodes recessed the Council Meeting to conduct the Workforce
Development Executive Committee Meeting.
Mayor Rhodes reconvened the Council Meeting.
Mayor Rhodes called for consideration of items from the Regular Agenda and
opened the discussion on Item 3, leases of the Kiwanis Softball Field and J.C. Softball
Field with the Corpus Christi Softball Association (CCSA).
Deputy City Manager Hennings presented a brief overview of last year's
privatization of the Adult Softball Programs with Mr. Curtis Rich, Owner/Operator of The
Grandstands Softball Complex, and the changes incorporated in the proposed leases to
the Corpus Christi Softball Association. He stated that Mr. Rich had been afforded the
opportunity to extend his lease with the proposed changes, but that he was in opposition
to the proposed lease. He further stated that the Park and Recreation Advisory
Committee had reviewed the lease and recommended authorization of the lease with the
CCSA.
Mr. Malcolm Matthews, Director of Parks & Recreation, clarified the differences
between last year's lease and the proposed lease. He also stated that the funds obtained
Minutes
Regular Council Meeting
March 29, 1994
Page 3
from the privatization of the Adult Softball Programs had benefited the City's Youth Sports
Programs.
In response to Council Member Moss, Mr. Matthews explained the differences on
grounds maintenance and logistics of softball by The Grandstands and the City. Mr.
Moss further inquired if the association had full membership, and Mr. Matthews replied
they did not.
Council Member Galindo inquired if the bond requirement would remain for the
proposed lease. Mr. Matthews explained that the CCSA's interest in the leasing of the
fields would no longer require a performance bond.
Council Member Longoria inquired if the CCSA was financially secure to manage
the fields. Mr. Matthews replied in the affirmative.
Mayor Rhodes called for comments from the audience.
Mr. Curtis Rich, Owner/Operator, The Grandstands Softball Complex, expressed
his appreciation for the opportunity to manage the Adult Softball Program. He spoke in
opposition to the proposed lease and commented on several issues which he felt were
unfair. He also read a letter to the Council from a citizen voicing his satisfaction with The
Grandstands organization.
Responding to inquiries from Council Member Moss, Mr. Rich stated that his
organization had been involved in an extensive Request For Proposal (RFP) process and
had to provide a $25,000 performance bond, whereas the proposed lease with the CCSA
did not involve an RFP or performance bond.
In response to Council Member Moss, Deputy City Manager Hennings stated that
the performance bond requirement had been eliminated from the proposed contract
because staff felt it was no longer warranted. He further stated that The Grandstands has
been offered the same conditions if they wished to extend their current lease.
A broad discussion ensued regarding performance bonds, the proposed lease, and
the current lease held by The Grandstands.
Council Member Noyola stated that he would support the decision of the Park and
Recreation Advisory Committee and felt that the lease was fair.
Council Member Best inquired if the CCSA would encounter any problems if the
City requested a performance bond with their lease, and further inquired if The
Grandstands would be willing to submit another performance bond. Mr. Rich replied that
he would be in agreement with the current contract. Deputy City Manager Hennings
discussed the Park and Recreation Advisory Committee's recommendation for waiving
the performance bond. Mr. Tom Utter, Group Manager, Development Services, further
commented that the current lease with The Grandstands includes an exclusivity clause
Minutes
Regular Council Meeting
March 29, 1994
Page 4
which prohibits the leasing of the other two softball fields. Mr. Matthews also commented
that the CCSA has stated that they would submit a performance bond if necessary.
Council Member Longoria expressed concem with the CCSA playing in Portland,
Texas, and stated that she would support the decision of the Park and Recreation
Advisory Committee.
Council Member Galindo informed the Council that he had conducted a meeting
with The Grandstands and CCSA in order to discuss and reach an agreement on several
issues. He stated that CCSA's main concern was that The Grandstands permitted
alcoholic beverages during their games.
Council Member Martin discussed the City's original intent of privatizing Adult
Recreation Programs, the privatization of the Adult Softball Programs, and the Park and
Recreation Advisory Committee's recommendation to privatize the Adult Softball Program.
He stated that previous concerns relating to the privatization of the Softball Programs
necessitated a one-year lease.
In response to Council Member Martin, Mr. Matthews stated that seven members
of the Park and Recreation Advisory Committee recommended the changes to the lease
with only one dissention. Mr. Martin further inquired about the Senior Softball League
(SSL), to which Mr. Matthews replied that the SSL favored the lease and would
participate with the CCSA.
Council Member Martin discussed the changes to the lease and inquired about the
result of non -renewal of the lease with The Grandstands. Mr. Matthews stated that there
were no major impacts in changing the lease, and non -renewal would result in the
availability to lease two fields. He further stated that the CCSA would conduct games at
the Greenwood Softball Complex.
Mr. Bob Cooper, representative of the Corpus Christi Softball Association,
requested permission for use of the softball fields. He discussed the composition of the
association and stated that the city would benefit from the association's use of the fields.
Mr. Steve Morales, Acting President of the Senior Softball League, expressed
appreciation to staff, Council and the Park and Recreation Advisory Board.
Responding to Council Member Martin, Mr. Morales stated that the Senior Softball
League currently plays with The Grandstands. He further stated that at the time CCSA's
lease is approved, their league will have an option to play for either The Grandstands or
CCSA. He explained that, in fairness to The Grandstands, the league will exercise their
option next season. He requested that a minor change regarding age be made to the
lease to enable the league to participate in the American Softball Association sponsored
tournaments.
City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
March 29, 1994
Page 5
3. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a one-year lease of
Kiwanis Softball Field and J.C. Softball Field with the Corpus Christi Softball
Association.
The foregoing ordinance passed on first reading by the following vote: Rhodes,
Best, Cooper, Galindo, Longoria, Martin, McNichols, and Noyola voting "Aye";
Moss voting "No."
Mayor Rhodes expressed her appreciation to Mr. Rich for a job well done.
Mayor Rhodes announced that Item 4 had been withdrawn from the day's meeting.
4. WITHDRAWN
Mayor Rhodes announced the discussion on Item 5, resolution by the City Council
of the City of Corpus Christi, Texas directing the publication of Notice of Intention to issue
Utility System Revenue Bonds, Series 1994; and resolving other matters relating to the
subject.
Deputy City Manager Hennings presented an overview on the necessity to publish
the Notice of Intention for financing of improvements to the City's water system.
Mayor Rhodes called for comments, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
5. RESOLUTION NO. 021907
Resolution by the City Council of the City of Corpus Christi, Texas directing the
publication of Notice of Intention to issue Utility System Revenue Bonds, Series
1994; and resolving other matters relating to the subject.
The foregoing resolution passed by the following vote: Rhodes, Best, Cooper,
Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola absent.
Minutes
Regular Council Meeting
March 29, 1994
Page 6
Responding to Council Member Martin, Mr. Jorge Garza, Group Manager,
Administrative Services, stated that the City has not proceeded with the sale of General
Improvement Refunding Bonds.
Mayor Rhodes opened the discussion on Item 6, approving the purchase of twenty-
two refuse packer bodies.
Deputy City Manager Hennings presented an overview on the purchase of the
packer bodies and stated that Council had previously approved the purchase of the cab
and chassis.
Council Member McNichols expressed concern regarding the need to purchase half
of the City's refuse truck fleet, the possible staggering of purchases, and the outright
purchase of the fleet versus capital lease/purchase option. Deputy City Manager
Hennings commented that the life expectancy of the fleet has been met and purchase is
necessary.
A brief discussion ensued regarding the annual cost of the capital lease/purchase
contract versus the unit cost of the refuse trucks.
Council Member Moss voiced agreement with Council Member McNichols'
suggestion on the staggering of purchases, and Deputy City Manager Hennings stated
that a program currently exists for the purchase of City equipment.
Council Member Galindo commented on the validity of purchasing refuse trucks
based on life expectancy. He inquired about the reason for the separate purchases of
the cab and chassis and the packer bodies. Deputy City Manager Hennings replied that
the costs were lower with the separate purchases.
Council Member Martin inquired about the number of refuse trucks which had been
budgeted. Deputy City Manager Hennings replied that twenty-two trucks had been
budgeted for replacement. Mr. Martin further inquired about other budgeted items to be
purchased through the lease/purchase program. Mr. Hennings stated that equipment for
the Street Department, Water Department, and Storm Water Activity were targeted for the
capital lease/purchase program. Mr. Martin expressed concern about the increase in
purchases through the capital lease/purchase program. Mr. Hennings stated that the City
would attempt to purchase equipment without utilizing the program.
In response to Council Member Moss, Mr. Hennings stated that the City operates
a Vehicle Pool which consolidates equipment, such as the Storm Water Activity
replacement. He further stated that he would provide information on the Pool.
Mayor Rhodes called for comments from the audience.
City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
March 29, 1994
Page 7
6. M94-082
Motion approving the purchase of twenty-two refuse packer bodies in accordance
with Bid Invitation No. BI -0151-94 from Pak -Mor Manufacturing Co., San Antonio,
based on low bid of $558,800. All units are replacements and are budgeted in the
lease/purchase capital acquisition list for Solid Waste Services. Funding will be
furnished by GE Capital in accordance with the lease/purchase line of credit
contract.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper,
Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye."
Mayor Rhodes opened the public hearing on the following zoning application:
7. Case No. 294-3. Kids of the Neighborhood: A change of zoning from "R-2"
Multiple Dwelling District to "B-1" Neighborhood Business District on
Southmoreland, Block 10, Lots 4 and 5, located on the south side of Clemmer
Street, approximately 150 feet west of Lewis Street.
Mayor Rhodes stated that both Planning Commission and staff recommended
denial of the "B-1" District, and lieu thereof, approval of a Special Permit for an off-
site parking lot subject to two (2) conditions.
Mayor Rhodes called for comments from the audience in opposition to the Special
Permit. There were none.
Council Member Best made a motion to close the public hearing, seconded by
Council Member Longoria, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 021908
Ordinance amending the Zoning Ordinance upon application by Kids of the
Neighborhood, by granting a Special Permit for an off-site parking lot subject to
two (2) conditions in reference to Southmoreland, Block 10, Lots 4 and 5; providing
for publication.
An emergency was declared and the foregoing ordinance passed by the following
vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola
voting "Aye."
Minutes
Regular Council Meeting
March 29, 1994
Page 8
Mayor Rhodes recessed the Regular Council Meeting for the meetings of the
Corpus Christi Community Improvement Corporation and the Corpus Christi Housing
Finance Corporation.
Mayor Rhodes reconvened the Regular Council Meeting.
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances
and ordinances from previous meetings on Items 10 through 16.5, and Council Members
requested that Items 11 and 16 be withheld for discussion.
Council Member Martin asked if the supplemental agenda Item 16.5 regarding
CP&L was included in the consent vote. City Attorney Bray responded that it was. The
Mayor asked if anyone wanted Item 16.5 pulled for discussion. There was no response.
City Secretary Chapa polled the Council for their votes and the following were
passed:
10. M94-083
Motion authorizing the City Manager, or his designee to execute an agreement
with Kids of the Neighborhood, Inc. to provided $317,500 from the FY93 CDBG
Program for acquisition of property and construction of a new day care facility and
parking lot between Clemmer and Watson Street.
The foregoing motion passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
12. M94-085
Motion approving the purchase of a trenching machine power unit, with trailer, in
accordance with Bid Invitation No. BI -0124-94, from Nueces Power Equipment,
Corpus Christi, based on the low bid of $32,425.00. The equipment is budgeted
in the 1993-94 Capital Outlay as replacement equipment, and will be used by the
Gas Department.
The foregoing motion passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
13. M94-086
Motion approving supply agreements for 2,372 water meters in accordance with
Bid Invitation No. BI -0118-94 with the following companies for the following
amounts based on low bid and low bid meeting specifications for an estimated
annual expenditure of $121,462. The terms of the contracts shall be for twelve
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Regular Council Meeting
March 29, 1994
Page 9
months with options 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 the Water Department in FY 93-94.
Badger Meter, Inc.
Milwaukee, WI
Items 1.1 & 1.3
$53,712.00
Schlumberger Industries
Dallas. TX
Item 2.7
$8,600.00
GRAND TOTAL - $121,462.00
Kent Meters, Inc.
Ocala. FL
Items 1.2, 1.4, 1.5, 2.1-2.6
$59,150.00
The foregoing motion passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
14. M94-087
Motion authorizing the City Manager to execute a supply contract in the amount
of $190,940.00 to V.C. Huff, Inc. for the construction of traffic signal improvements
and maintenance work at miscellaneous locations throughout the city.
The foregoing motion passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
15. M94-088
Motion approving a supply agreement for approximately 405 one ton cylinders and
10 one -hundred -fifty Ib. cylinders of liquid chlorine in accordance with Bid Invitation
No. BI -0105-94 with Acetylene Oxygen Co., Corpus Christi, Texas based on low
bid for an estimated annual expenditure of $162,450. The term of the agreement
shall be twelve months with option to extend for up to an additional twelve months
subject to the approval of the supplier and the City Manager or his designee.
Funds have been budgeted for FY 93-94 by the Wastewater and Water
Departments.
The foregoing motion passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
16.5 ORDINANCE NO. 021909
Finding, after reasonable notice and hearing, that the existing rates of Central
Power & Light Company are unreasonable; determining just and reasonable rates
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Regular Council Meeting
March 29, 1994
Page 10
to be observed and in force within the City; ordering rate reductions; ordering that
this ordinance be served on Central Power & Light Company; preserving regulatory
rights of the City; providing for repeal of conflicting ordinances.
The foregoing ordinance passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
Mayor Rhodes opened the discussion on Item 11, purchase of street construction
equipment.
In response to Council Member McNichols, Deputy City Manager Hennings stated
that the purchase of the street equipment is included in the capital lease/purchase
program.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes and the following motion
was passed:
11. M94-084
Motion approving the purchase of street construction equipment in accordance with
Bid Invitation No. BI -0122-94, from the following dealers based on low bid and only
bid. The equipment is for Street Services Department and is budgeted in the
1993-94 capital lease/purchase program. Funding will be through the
lease/purchase line of credit contract with G.E. Capital.
Closner Equipment Co. Cooper Equipment Co.
San Antonio. TX San Antonio. TX
8-10 Ton Tandem Roller Chipspreader
12 Ton Pneumatic Roller
$76,613.00 $149,985.00
Preco Machinery
Corpus Christi. TX
Excavator
$163,322.00
Grand Total of Awards - $389,920.00
The foregoing motion passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
Minutes
Regular Council Meeting
March 29, 1994
Page 11
Mayor Rhodes opened the discussion on Item 16, supply agreement for police
uniforms.
Council Member Martin inquired if the supply agreement complied with the
specifications. Deputy City Manager Hennings replied that various issues regarding the
supply agreement had been addressed, and the agreement complied with the
specifications. He further stated that the second low bidder would be awarded the supply
agreement because the first low bidder did not meet the specifications.
In response to Council Member Noyola, F.D. Glenn, Purchasing Agent provided
samples to the Council and explained the differences between the two types of material
used for the uniforms. Mr. Glenn stated that the first low bidder submitted samples of
material that did not meet specifications.
Council Member Galindo inquired if a committee had been established to render
a decision on the type of material to be used in making the uniforms. Police Chief Henry
Garrett replied that representatives from the Police Department recommends the type of
material to be used. Chief Garrett stated that his main objective is for the police officers'
comfort and presentation.
Responding to Council Member Galindo, Mr. Glenn stated that the entire supply
agreement would be awarded to Werner Uniforms.
Mayor Rhodes called for comments from the audience.
Ms. Anna R. Werner, owner of Werner Uniforms, commented on several issues
relating to the supply agreement and expressed appreciation for the approval of the bid.
City Secretary Chapa polled the Council for their votes and the following motion
passed:
16. M94-089
Motion approving a supply agreement for police uniforms which includes
approximately 500 pants, 575 shirts, 40 jackets, 50 caps, and 40 cap covers, in
accordance with Bid Invitation No. BI -0116-94 with Werner Uniforms, Corpus
Christi, Texas based on low bid meeting specifications and best bid for an
estimated annual expenditure of $48,117. The term of the agreement shall be for
twelve months with option to extend for up to an additional twelve months, subject
to the approval of the supplier and the City Manager or his designee. Funds are
budgeted in FY 93-94 by the Police Department.
The foregoing motion passed by the following vote: Rhodes, Best, Galindo,
Longoria, Martin, McNichols, Moss, and Noyola voting "Aye"; Cooper absent.
Minutes
Regular Council Meeting
March 29, 1994
Page 12
Mayor Rhodes called for the City Manager's report. She informed the Council that
the City Manager was ill and wished him well.
Deputy City Manager Hennings announced the presentation of the Emergency
Response Exercise to be conducted at the O.N. Stevens Water Plant on Wednesday,
March 30, 1994.
Police Chief Henry Garrett reviewed the procedures for the exercise and stated
that participants in the exercise include several governmental entities, hospitals, and the
Ca!alien School District. He further stated that the City conducts a yearly exercise to
receive grants from the Federal Emergency Management Agency.
In response to Council Member Martin, Chief Garrett explained the necessity for
the preview of the exercise. He stated that the City had conducted an exercise previously
at the Airport which had resulted in actual injuries.
Council Member McNichols expressed concern regarding fully informing citizens
about the exercise. Chief Garrett stated that fliers had been prepared and distributed
announcing that the exercise would be conducted.
Deputy City Manager Hennings stated that he would be accompanying a
delegation on Wednesday, March 30, 1994 for discussions with American Airlines relating
to service to Monterrey, Mexico.
Mayor Rhodes stated that she had received a complaint regarding parking meters
on North Beach and requested staff to investigate the matter. She also informed staff
that a citizen had requested permission to help clean graffiti along the seawall.
Mayor Rhodes called for Council concerns and reports.
Council Member Best requested an update on the status of the Industrial District
contracts and southside wastewater treatment plant. Dr. Best commented on a videotape
the Council had received from Garland, Texas and stated that several ideas should be
utilized. Dr. Best next discussed his trip to Washington, D.C., and the proposed bill
regarding the telecommunications infrastructure. He suggested that staff research the
impact the bill would have on the city.
Lastly, Dr. Best requested the formation of a committee to study consolidation with
Nueces County, and Mayor Rhodes appointed Dr. Best to chair the committee and asked
him to solicit council members to serve with him.
Council Member Galindo requested consideration by Council for inclusion of his
provision to the Industrial District contracts. Mr. Galindo also stated that he would serve
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Regular Council Meeting
March 29, 1994
Page 13
on the consolidation review committee and suggested that Dr. Best be invited to the next
Mercer Group meeting to address the issue of consolidation.
Mr. Galindo next expressed concern regarding the issuance of pawn tickets. He
advised staff to research the feasibility of maintaining the pawn ticket database.
Council Member Moss expressed concern with the paving of Clifford Street
between S. Staples and S. Alameda (bus transfer at Six Points). He inquired if
specifications for the sub -base were adequate for the type of traffic utilizing the area, and
stated that staff examine long-term solutions.
Mr. Moss commented favorably on the traffic signal light synchronization on S.
Staples from McArdle Road to City Hall.
Responding to Mr. Moss' concern regarding fire walls in larger apartment
complexes, Deputy City Manager Hennings stated that a building code does exist for fire
wall protection.
Council Member McNichols informed the Council and citizens about the meeting
held in Washington, D.C. with the Joint Military Task Force on future base closures. He
stated that the Task Force expected to close, realign, and consolidate, or a combination
thereof, twice as many bases as had been done previously. He asked that the
community support requests for funding of the efforts of the South Texas Military Facilities
Task Force.
Dr. McNichols also reported that the Choke Canyon debt issue will receive
assistance through negotiations with the Bureau of Reclamation and the introduction of
legislation which will allow the Bureau to arrive at a decision that is fair to the citizens for
payment of the debt.
Lastly, Dr. McNichols requested staff to research and obtain information regarding
the issue of the transit sales and use tax in the City of San Antonio, Texas.
Responding to Council Members Martin and Moss, Deputy City Manager Hennings
stated that an auditor performing the financial and compliance audit for the City had not
been selected.
There being no further business to come before the Council, Mayor Rhodes
declared the Council Meeting adjourned at 4:47 p.m. on March 29, 1994.