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HomeMy WebLinkAboutMinutes City Council - 02/16/1993I 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 16, 1993, which were approved by the City Council on February 23, 1993. WITNESSETH MY HAND AND SEAL, this the 25th day of February, 1993. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 16, 1993 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Edward Martin Council Members: Cezar Galindo Joe McComb Dr. David McNichols Betty Jean Longoria Clif Moss Mary Pat Slavik * City Manager Juan Garza City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chamber of City Hall. Council Member Slavik arrived at the Council Meeting at 2:03 p.m. The invocation was delivered by Council Member Galindo, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Moss. 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 February 9, 1993, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 1 through 15, and Council Members requested that Items 1, 2, 3, 4, 5, 6, 9, and 13 be withheld for discussion. Minutes Regular Cc. .cil Meeting February 16, 1993 Page 2 City Secretary Chapa polled the Council for their votes and the following were passed: 7. ORDINANCE NO 021567. Ordinance reaffirming the contribution of tax increment fund revenues in support of obligations issued by the City for the Texas State Aquarium and the Corpus Christi Museum. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 8. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a lease from July 1 to September 30, 1993,with an option to renew annually through September 30, 2003, with the United States Department of Transportation, Federal Aviation Administration, for the access roads and walkways at the Corpus Christi International Airport in consideration of maintaining and operating the Visual Approach Slope Indicators (VASI) and Runway End Identifier Lights (REIL) on Runway 17/35. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 10. SECOND READING ORDINANCE Authorizing the City Manager or his designee to execute an Outside City Limits (OCL) Water Service Contract and an Agricultural Water Use Covenant with Dan W. Hill on 40 acres of land out of Section A, Laureles Farm Tract. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye? 11. SECOND READING ORDINANCE Closing and abandoning a 60 -foot wide utility easement previously retained from the right-of-way of Hughes Street between Sam Rankin Street and Tancahua Street, subject to replatting the property within 180 days, and meeting specified conditions. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 12. SECOND READING ORDINANCE Authorizing the City Manager to execute a five-year renewal of the Ackerley Airport Advertising, Inc. Lease at Corpus Christi International Airport. Minutes Regular Ct. .cil Meeting February 16, 1993 Page 3 The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 14. SECOND READING ORDINANCE Authorizing the City Manager or his designee to execute a five year lease with the American Little League for the use of 6.66 acres at Botsford Park for youth baseball programs for $1 and maintenance of the facility and premises. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 15. ORDINANCE NO. 021568 Authorizing the City Manager or his designee to execute a lease agreement expiring September 30, 1993, to include an option to renew annually for nine years with the U.S. Department of Transportation, Federal Aviation Administration for and in consideration of establishing, maintaining, and operating the auxiliary engine generator and underground fuel storage tank at the Corpus Christi International Airport. The foregoing ordinance passed on third reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 1, motion approving a supply agreement for printing paper with Butler Paper Co. based on low bid for an estimated annual expenditure of $19,260.30. Council Member Slavik compared the price of recycled paper in Item 1 to the price of recycled paper in Item 2 (motion approving a supply agreement for recycled computer paper with Gulf Coast Paper Company), and inquired about the difference. City Manager Garza replied that the difference could result from a higher cost to produce recycled paper and market demand. Council Member Moss commented favorably on the City's bidding process for recycled paper, and inquired about a bid from Nationwide Paper. Mr. F. D. Glenn, Purchasing Agent, stated that the bid was not considered because it was not signed by the bidder. Council Member McNichols commented favorably on the development of a competitive market for recyclable items. Mayor Rhodes opened the discussion on Item 2, and Council Member Slavik commented that she supported cooperative bidding among various entities in the City. Minutes Regular 0. ,cil Meeting February 16, 1993 Page 4 Pursuant to Item 3, motion approving supply agreements for vehicle and equipment tires and tubes, Council Member Moss asked about specific tire brand names in the purchase. Mr. Glenn discussed the brand of tires in the purchase. Relative to Item 4, authorizing the renewal of an agreement between Charter Hospital of Corpus Christi and the City of Corpus Christi to provide detoxification services for intoxicated juveniles, Council Member Slavik inquired about the effectiveness of the program. City Manager Garza replied that the program proved effective, but was not being utilized as much as initially anticipated. Mr. Garza further commented favorably on the results and the low maintenance cost of the program. Mayor Rhodes stressed the importance of the program. A brief discussion developed regarding the low participation rate in the community. Council Member Longoria inquired about the remaining funds from last year's budget, and City Manager Garza stated that these funds would be returned to the Law Enforcement Trust Fund. Pursuant to Item 5b, motion awarding a contract to UMM, Inc. to remodel the Pondy's Building into a day care center, Council Member McComb stated support of the project. Mr. McComb also expressed concern about the differences in the bid prices. He next reviewed the proposed contract alternatives and inquired about specific contract plans. Mr. Carl Crull, Director of Engineering, explained the building renovation changes to the contract. He stated that these changes reduced the initial project cost and the contract remained in compliance with applicable State code requirements. Mr. Crull commented that the alternatives were initially proposed in the event funds were available over the project budget. Responding further, Mr. Crull referred to the performance and payment bonds required. Council Member Martin discussed the importance of the proposed contract alternatives. He further inquired about the availability of additional funds to accommodate the alternatives. Responding, Mr. Kelly Elizondo, Director of Community Development, reviewed additional funds available. Mayor Rhodes agreed with Mr. Martin's comments, and suggested that Mr. Crull provide the Council a list of the essential project alternatives and costs. Council Member Longoria agreed with Council Member Martin's comments, and stressed the importance of a day care center in this area. Pursuant to Item 6a, motion authorizing the City Manager to execute a contract with the Texas Department of Health for a grant for increased immunization of preschool -age children, Council Member McComb asked about the specific injections provided. Further, Mr. McComb inquired whether the program would be available to all citizens. City Manager Garza stated that this information would be provided to the Council before the close of the day's meeting. Minutes Regular Cc. .ci1 Meeting February 16, 1993 Page 5 Responding to Council Member Martin, Mr. Garza reviewed the proposed immunization center locations. Further, Mr. Garza commented that remaining funds could be utilized for additional contract personnel at the outreach clinics. Pursuant to Item 9, ordinance amending the Code of Ordinances, Chapter 6, Animal Control, Council Member Slavik inquired whether the Humane Society supported the alligator display. Mr. Bill Hennings, Group Manager, Public Works/Utilities, answered that the display was recommended by the Animal Control Advisory Board, which Board consisted of two members from the Humane Society. Returning to Item 8, Mr. Hennings identified specific injections in the immunization program and stated that the immunizations would be available to all citizens. A brief discussion ensued, and several Council Members supported the program. Mayor Rhodes opened the discussion on Item 13, authorizing the City Manager to execute a five year lease agreement with the United States Department of Army Corps of Engineers for the lease of Slip L-10. Council Member McComb referred to the previous Council request for staff to inquire about a rental rate reduction at the Marina. Mr. Tom Utter, Group Manager, Development Services, explained the recent discussions between staff and the Water/Shore Advisory Committee regarding Marina rates and inducements. City Secretary Chapa polled the Council for their votes as follows: 1. M93-048 Motion approving a supply agreement for printing paper in accordance with Bid Invitation No. BI -0066-93 with Butler Paper Co., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $19,260.30. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 92-93 by the City Copy Center. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 2. M93-049 Motion approving a supply agreement, in accordance with a Joint Governmental Purchasing Group Bid, for recycled computer paper with Gulf Coast Paper Co., Inc., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $35,307. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted for FY 92-93 by the using departments. Minutes Regular 0. .cil Meeting February 16, 1993 Page 6 The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 3. M93-050 Motion approving supply agreements for vehicle and equipment tires and tubes in accordance with Bid Invitation No. BI -0068-93 with the following companies for the following amounts, based on low bid, only bid and low bid meeting specifications, for multiple progressive awards, for an estimated annual expenditure of $265,254.88. The tires and tubes covered under this agreement will be used on passenger cars and light pick-up trucks, police cars and commercial trucks and equipment. The terms of the agreements shall be for twelve months, with an option to extend for up to an additional twelve months, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 92-93. Pueblo Tire Corpus Christi. Texas Primary Supplier Items: 1.1-1.9, 1.13-1.16, 3.6, 3.7, 4.1, 4.3, 4.4, 7.1, 7.2, 7.4, 7.5, 8.9, 8.10 Secondary Supplier Items: 1.10-1.12, 1.17, 1.19, 2.1, 2.2, 3.1-3.5, 4.2, 5.2, 5.5, 6.1, 6.2, 7.3, 8.1-8.8 A to Z Tire and Battery Corpus Christi. Texas Primary Supplier Items: 1.10-1.12, 1.17-1.19, 2.1, 2.2, 3.1-3.3, 4.2, 5.1, 5.2, 5.3, 5.5, 6.1, 6.2, 7.3, 8.1-8.8 Secondary Supplier Items: 1.1-1.8, 1.14-1.16, 3.6, 4.3, 5.1, 5.4, 7.1, 7.2, 7.4, 7.5, 8.9, 8.10 Total - $125,393.51 Total - $120,431.38 Strouhal Tire Corpus Christi. Texas Primary Supplier Items: 3.4, 3.5, 5.4 Secondary Supplier Items: 1.18, 3.7, 4.4, 5.3 Total - $19,429.99 GRAND TOTAL - $265,254.88 The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Minutes Regular CG_ 1ci1 Meeting February 16, 1993 Page 7 4. M93-051 Motion authorizing the renewal of an agreement between Charter Hospital of Corpus Christi and the City of Corpus Christi to provide detoxification services for intoxicated juveniles. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 5a. M93-052 Motion to amend the 1991 CDBG Program by reprogramming $19,225 from Rehabilitation Services to Brooks Chapel Early Childhood Development Center. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 5.b. M93-053 Motion awarding a contract in the amount of $115,020 to UMM, Inc. to remodel the Pondy's Building into a day care center for the Brooks Chapel Early Childhood Development Center, Inc. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 6a. M93-054 Motion authorizing the City Manager to execute a contract with the Texas Department of Health for a grant of $99,657 for increased immunization of preschool -age children. The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 6b. ORDINANCE NO. 021566 Ordinance appropriating $99,657 from a grant from the Texas Department of Health for increased immunization of preschool -age children; amending Ordinance No. 021441 which adopted the FY 92-93 Budget by adding $99,657 to Fund No. 102-291- 514.02; and adding four full time equivalent positions to the Health Department. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Minutes Regular Cc -tcil Meeting February 16, 1993 Page 8 9. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 6, Animal Control, Article II, Licenses and Permits; Administrative Proceedings, Section 6-18, Commercial Permits, by providing for commercial permits for animal exhibits; providing a permit fee for animal exhibits; and providing for possession of prohibited animals at animal exhibits. The foregoing ordinance passed on first reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 13. SECOND READING ORDINANCE Authorizing the City Manager or his designee to execute a five year lease agreement with the United States Department of the Army Corps of Engineers for the lease of Slip L-10 on the Lawrence Street T -Head at the City Marina, for a monthly fee of $164.75 plus electricity costs in excess of $19.00 per month. The foregoing ordinance passed on second reading by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes called for considerations from the Regular Agenda. Mayor Rhodes opened the discussion on Items 16a and 16b, motion approving a contract for a Household Hazardous Waste Collection Program and ordinance appropriating $221,600 from a grant from the Texas Water Commission (TWC) to develop the program and adding the project manager to the Solid Waste Services Department. Responding to an inquiry from Council Member Moss, City Manager Garza discussed the selection process and use of the grant funds. He further stated that TWC indicated additional grants would be available in the future. He next commented that the City was fortunate to receive the present grant, and that the program would probably be mandated in the future. Council Member Slavik commented favorably on the grant and the program. She further requested cooperation from local citizens concerning the program. Mrs. Slavik next discussed her involvement in a local environmental group and commented that the program would be mandated in the near future. Council Member McNichols agreed with Council Member Slavik's comments and expressed concern about future program costs to the City. Dr. McNichols also inquired whether an estimation of the future costs was presently available, and City Manager Garza replied. Further, Mr. Garza commented that grant funds would be available as long as the project remained in the testing stage. Mayor Rhodes called for comments from the audience and there were none. Minutes Regular Co._Aci1 Meeting February 16, 1993 Page 9 City Secretary Chapa polled the Council for their votes as follows: 16a. M93-055 Motion approving a contract between the City of Corpus Christi and the Texas Water Commission for a Household Hazardous Waste Collection Program The foregoing motion passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." 16b. ORDINANCE NO. 021569 Ordinance appropriating $221,600 from a grant from the Texas Water Commission to develop a Household Hazardous Waste Collection Program, to fund personnel and construction of a waste facility amending Ordinance No. 021441 which adopted the FY 92-93 Budget by adding $221,600 to Fund No. 162-252-810.10; and adding a project manager to the Solid Waste Services Department. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 17, resolution opposing efforts by the state legislature geared toward partially balancing the state budget by increasing current state fees or by creating new fees for municipalities. City Manager Garza commented that the Texas Municipal League (TML) provided the information to the City and requested that the City respond immediately. Mr. Garza further suggested that the Mayor send a letter to the legislature indicating the City's opposition. Council Member McComb further stressed the importance of opposing efforts by the state legislature to increase fees and create new fees for municipalities. Mayor Rhodes called for comments from the audience. Mr. J. E. O'Brien, 4130 Pompano, stated his support of the resolution and commented unfavorably on increasing municipal fees. He next commented unfavorably on free utility services provided to City facilities which increased utility costs to the consumers. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION NO. 021570 Resolution opposing efforts by the state legislature geared toward partially balancing the state budget by increasing current state fees or by creating new fees for municipalities. Minutes Regular Co. .cil Meeting February 16, 1993 Page 10 The foregoing resolution passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." Mayor Rhodes opened the discussion on Item 18, authorizing the Building Inspection Automation Project. City Manager Garza stressed the importance of the automation project. Mr. Kelly Elizondo reviewed the agenda material outlining the necessity for the automation equipment. He stated that building activity in the community had increased and that, due to the recent staff reductions, department consolidation, and increased workloads, additional support was necessary. Further, he stated that the automation equipment would enable the local area network purchased for the Neighborhood Improvement department to be utilized by Building Inspections as well. Next, Mr. Elizondo stated that the proposed automation equipment would presently be more advantageous than additional personnel. Council Member Moss inquired about permit information on the tax appraisal district records and whether the proposed automation would expedite this process and/or raise the appraised values in the community. Mr. Elizondo reviewed circumstances which would be improved. Further, Council Member Moss expressed concern about accidents caused from non-compliance of the City code, and inquired whether the automation would enhance code compliance. Mr. Elizondo replied in the affirmative and discussed the enhancements. Council Member Moss next referred to the development of a detailed system design, the purchase of necessary equipment and software, and technical training in Phase I of the project. He then inquired whether the City's present computer equipment would be utilized in this process. Mr. Elizondo reviewed the proposed hardware, software, and communication and wiring in Phase I of the project. Further, Mr. Elizondo reviewed the costs of the system outlined in Phases I, II, and III. Mr. Moss then agreed that the design of the system, as proposed in the Mercer Report, was an excellent idea in order to prevent further overloading of the mainframe computer. He next expressed concern that utilization of Macintosh equipment was not proposed. Responding, Mr. Elizondo stated that he was taking advantage of the City's presently owned equipment and the utilization of current personnel skills. Mr. Moss stated that the Macintosh computer required Less skill to operate than the MS DOS system. Mr. Tom Utter commented that individual work station equipment would be bid, and that Macintosh is compatible with MS DOS. Mr. Moss stated that the Macintosh has a built-in network with extra networking included. Mr. Utter agreed and stated that the networking would utilize the existing file server, and that the Macintosh computer would be examined. Council Member Martin inquired about the total cost to the City for the complete project, and Mr. Elizondo confirmed the project cost referring to information in the agenda material. Responding to Council Member Martin, City Manager Garza explained the Minutes Regular Co__.cil Meeting February 16, 1993 Page 11 General Fund allocation for the project. Next, Mr. Martin inquired whether staff examined comparable systems in other cities, and Mr. Elizondo replied in the negative. Mr. Elizondo further stated that staff felt very positive about the utilization of the proposed system. He further explained that the current local area network was operating well and explained future interface plans. Responding to Council Member Martin, Mr. Elizondo described the present Building Inspection budget which currently contains a surplus. Council Member Martin then agreed with linking the proposed automation system to the local area network presently in place. He then suggested employing additional building inspectors to provide timely inspections in the community. Responding, Mr. Elizondo explained recent discussions regarding contract labor, overtime, and additional building inspectors. A brief discussion ensued, and Council Member Martin suggested utilizing the expertise of current inspectors by extending their work day. City Manager Garza stated that this suggestion would be extensively reviewed and a proposal would be returned to the Council soon. Council Member McComb agreed with Council Member Martin's comments. Then, Mr. McComb referred to the problems with the municipal court computer system. He further expressed concern about purchasing another computer system. Responding, City Manager Garza explained the proposed computer system and problems with the municipal court computer system. Mr. Garza further commented that he was confident about the successful implementation of the proposed Building Inspection system. Next, Mr. Elizondo commented that all staff agreed with the proposal and felt that it would work well for the City. Council Member McNichols agreed with the Mercer Report, which recommended the automation, and expressed concern about the implementation process of the proposed system. Then, Dr. McNichols inquired whether John Bacon felt the proposed system was satisfactory. Mr. Bacon stated that he was confident with the proposal and explained the plans for implementation. Dr. McNichols inquired whether the City would be dependent upon outside sources, and Mr. Bacon replied negatively. Council Member Martin discussed technology transfers among cities, and commented that, after completion, the system should be available to other cities. Responding to Council Member Moss, Mr. Bacon explained the software proposed in the purchase. Council Member Moss commented that he felt, if another brand were purchased, the cost could be significantly reduced. He further suggested examining this possibility. Mr. Bacon commented that the present Council request was for approval of the approach and concept of the automation program. He further stated that exact brand names would be identified at a later date. Minutes Regular Cc.. tcil Meeting February 16, 1993 Page 12 Responding to Council Member Galindo, City Manager Garza reviewed the funds available for the purchase. Next, Mr. Galindo agreed with the approach of expanding the system already in place instead of purchasing additional equipment. City Manager Garza stated staff would review all aspects of the system, and return the information to the Council. He further stated that the use of Macintosh and IBM PC compatible computers would be included in the review. Council Member Longoria referred to the problems with the Municipal Court computer system, and stated that, from the current discussion, she supported the project. Mayor Rhodes called for comments from the audience, and there were none. 18. M93-056 Motion authorizing the Building Inspections Automation Project. The foregoing motion passed by the following vote: Rhodes, Longoria, Martin, McComb, Moss, and Slavik voting "Aye"; Galindo and McNichols absent. Mayor Rhodes opened the discussion on Item 19, ordinance amending the Final Statement for the FY 92 CDBG Program reprogramming funds. City Manager Garza commented that, when the funding for the design was approved, staff would recommend funds to be set aside from the FY 93 program for the construction of the new Zavala Center. Mayor Rhodes commented that she supported the project. Council Member Martin expressed support of the project. Mr. Martin further requested that staff provide the Council will extensive information concerning prior experience of the architect. He stated that this information could prevent the item from being returned to the Council. 19. ORDINANCE NO. 021571 Ordinance amending Ordinance No. 021442 to amend the Final Statement for the FY92 CDBG Program to reprogram $38,561 from the FY92 Rental Rehabilitation Match Program and $13,939 from the FY92 Single Family/Commercial Rehabilitation Loan Income and appropriate $52,500 for the design of the new Zavala Senior Center. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." s s s s s s e a s s a s: Minutes Regular Co-_.cil Meeting February 16, 1993 Page 13 Mayor Rhodes opened the public hearing on the lease and management contract with Phoenix Group Holdings, Inc. City Manager Garza referred to the amount of time extended by City staff on the proposed contracts with Phoenix Group Holdings, Inc. (PGH). He stated that all courtesies had been offered, and that furtherance of the contract would not be beneficial to the City. Mr. Garza then recommended discontinuing the arrangements. Mr. Steve Cummins, President of Phoenix Group Holdings, Inc. (PGH), reviewed the actions taken by PGH to secure surety for the projects. Further, Mr. Cummins stated that contract language prevented the attaintment of this surety. He stated that each surety company, lending institution, outside contractor, and independent investment group responded that surety and/or funding conunitments could not be secured on a project which had not been platted, designed, fully permitted, and consisted of a firm contract to construct at a specified development amount. He further stated that PGH, nor any entity within this industry, including the two largest and oldest competitors, could meet the surety requirements as specified in the contracts. He stated that PGH was unable to meet specified contract requirements due to the provisions of Texas Statutes. Mr Cummins then reviewed the initially unidentified costs in the contract. He then stated that the $300,000 performance bond could not be obtained until a commitment for the larger surety bond was obtained. He also stated that PGH would continue to work with City staff to identify the problem areas in the contract to develop a new golf course. Lastly, he expressed appreciation for the opportunity to explain the situation to the Council at the day's meeting and for continuing past support of the issue. Mayor Rhodes commented that she appreciated PGH keeping the City informed of all attempts to secure the surety. Further, Mayor Rhodes inquired of Mr Cummins whether his company felt the project could be saved. Mr. Cummins answered that it would require restructuring the existing contract. Council Member McComb expressed appreciation to PGH. Mr. McComb then moved that the contract with PGH pertaining to the golf courses be terminated and that staff review the reimbursement costs to the City, seconded by Council Member Slavik. City Manager Garza stated that adoption of the ordinance was required instead of a motion. Mr. Ken Garner, President of Sportcorp, Inc., stated that his company and PGH would be willing to work with City staff, without guarantees, to examine the contract for future use by the City. Council Member Slavik asked whether the City would request compensation for City time and expense, and City Manager Garza stated that he was not presently prepared to discuss this issue. Responding further to Council Member Slavik, City Manager Garza commented favorably on the system presently implemented at the City's golf courses. He further stated Minutes Regular Cot—tell Meeting February 16, 1993 Page 14 that Federal law prevented this arrangement continuing beyond a six month period. He next stated that, at the end of the six month period, the temporary golf course personnel had to be converted to full time employees. He then reviewed seasonal golf course preparation which would increase costs. Further, Council Member Slavik inquired whether hiring a golf course manager and contracting with the private sector would be profitable if the City were to specify a profit amount. She further stated that this profit could be saved and in time utilized to construct a new golf course in the City. City Manager Garza commented that Mrs. Slavik's suggestion would be an alternative. He further stated that issuance of another Request for Proposal after contract examination would also be another alternative. He next stated that the existing procedures at the City's golf courses would continue, and that the present Greens Keeper would become a full time City employee with the understanding that the issue was under review. Council Member Longoria expressed appreciation to Mr. Cummins and Mr. Garner, and stated continuing support of the new golf course and Recreational Vehicle Park. Council Member Galindo requested a report comparing private contractor costs to City costs for operating the courses. Mayor Rhodes requested that this report be postponed. Council Member McComb posed several questions to City Manager Garza concerning the employment of temporary personnel at the golf courses, and requested City Manager Garza investigate this issue further. Council Member Martin requested staff to reexamine the contracts, examine expenses and revenues of the existing golf courses, examine costs for the City to construct the new golf course, and discuss the issue with Mr. Garnett Brooks concerning the RV park. Mr. Martin then commented that PGH could have obtained the contract without agreeing to all contract provisions. Further, he disagreed with PGH and stated that the $300,000 performance bond could have been obtained. Council Member Martin moved to closed the public hearing; seconded by Council Member Slavik, and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 021572 Ordinance terminating the lease and management contract with Phoenix Group Holdings, Inc. authorized by Ordinance No. 021495, and/or such other action regarding said contracts as City Council determines to be appropriate. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Galindo, Longoria, Martin, McComb, McNichols, Moss, and Slavik voting "Aye." e x s s s s s s s s x a s Minutes Regular Co..-.cil Meeting February 16, 1993 Page 15 Mayor Rhodes announced the closed session pursuant to Article 6252-17, Sec. 2(e), V.A.C.S. regarding Abel Alonzo v. City of Corpus Christi et al, No. C-91-218, U.S. Dist. Ct., Southern Dist. of Texas, Corpus Christi Division. City Attorney Bray stated that the closed session was not necessary. Mayor Rhodes called for the City Manager's report, and Mr. Garza stated that he did not have a report at this time. Mayor Rhodes briefly commented on the results of the City's request to host the American Bowling Congress Tournament in 1997. She stated that 1999 would be the next year the City would be able to propose a bid for the tournament to be held locally. Mayor Rhodes called for Council concerns and reports. Council Member Slavik inquired whether the recent survey of other cities concerning smoking in public places revealed total bans in restaurants, and City Manager Garza replied negatively. Mrs. Slavik further inquired whether the proposed smoking ordinance had been returned to the Health Advisory Board for review. She further stated her support of the ordinance. Next, Mrs. Slavik inquired about the Industrial District early payments, and City Manager Garza answered that the early payment would not provide increased funds, but would provide interest on the funds. Responding further, City Manager Garza stated that negotiations were delayed due to the upcoming election. Mrs. Slavik next commented that she felt it was the consensus of the Council to request an increase from the Industrial District and requested pursuance. Mayor Rhodes stated that the term of the present contract would be concluded in three years. Mr. Garza further discussed favorable changes in the City's overall budget previously presented to the Council. Next, Council Member McNichols briefly discussed the Industrial District agreements. Council Member McNichols commented on a letter he received from the Padre Isles Property Owners Association concerning street addresses in the area. He requested staff to examine the issue. Council Member Longoria requested staff to examine two complaints she received. She stated that one was a building located on Port Avenue, and the other, a problem at the Lindale Senior Citizen Center concerning the drop off -cover. City Manager Garza explained that the new Regional Transportation Authority buses were higher than the covered drop-off at the center. He stated that staff was reviewing the situation. Further, Mrs. Longoria requested staff to consider the height of the new buses with respect to the design of the Washington Senior Citizen Center. Next, Mrs. Longoria referred to a recent newspaper article involving City Manager Garza and a recycling plant. City Manager Garza explained that officials from ARW Polywood Inc. were investigating sites for the location of a new plant. Council Member Martin referred to his previous request for an examination of retirees' medical insurance premium increases. Next, Council Member Martin referred to the letter concerning smoking to the Health Advisory Board, and expressed concern that a Council request was conversed without appropriate Council action. Minutes Regular Co icil Meeting February 16, 1993 Page 16 Council Member Moss referred to information received from City Attorney Bray regarding the possibility of a May 1993 election. City Manager Garza commented that the Council decided on an August election, and Mr. Bray was providing information to the Council. Council Member Moss then referred to the savings to the City resulting from an election in May of 1993, and City Attorney Bray stated that the April election costs would be shared by Nueces County. Council Member McComb inquired as to when the presentation by Mr. James Dodson, Regional Water Director, on the recent Edwards Aquifer Ruling would be presented to the Council. A brief discussion developed and it was determined that this presentation would be presented to the Council soon. Mayor Rhodes called for petitions from the audience. Mr. Roberto Arriaga, 1138 Oak Park, expressed concern about procedures of the Fire Department during fires in his area. He next requested the City examine the possibility of reopening Huisache Street which would provide an additional access street in the area. Council Member Longoria commented that this concern was raised at a recent meeting concerning gas explosions in the community. City Manager Garza commented that the evacuation procedures and related ordinance had been forwarded to the Local Area Planning Committee for review. Mr. Garza further discussed favorable results of this referral. Mr. Phil Rosenstein, 949 Bobalo Drive, commented on the City's increasing senior citizen population in the City. Mr. Rosenstein further expressed concern about the problem at the Lindale Senior Citizen Center regarding the drop-off cover as well as the Greenwood Senior Citizen Center. He next requested resolution. Mr. Garza stated that he would investigate the matter. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 4:00 p.m. on February 16, 1993.