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HomeMy WebLinkAboutMinutes City Council - 12/13/1994I 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 December 13, 1994, which were approved by the City Council on December 20, 1994. WITNESSETH MY HAND AND SEAL, this 21st day of December, 1994. Armando Chapa City Secretary SEAL mgatiLitut MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 13, 1994 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Clif Moss Council Members: Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward Martin Dr. David McNichols David Noyola City Manager Juan Garza* City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Father Dan Suciu, Holy Trinity Orthodox Christian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member McNichols. 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 November 29, 1994, and there being no corrections, she proclaimed them approved as presented. Mayor Rhodes opened discussion on Item 1, a presentation regarding the Sports Authority. 'City Manager Garza arrived at the meeting at 2:10 p.m. Mr. Rex Kinnison, Chairman of the Nueces Sports Facility District, explained that during the last 11 months the members of the Sports Facility District had been studying Minutes Regular Council Meeting December 13, 1994 Page 2 the possibility of building a multi-purpose arena and an outdoor sports complex (AA -class ballpark). The district received a proposal for a feasibility study to be conducted by Hammer, Siler & George Associates of Atlanta, Georgia, in conjunction with Heery International of Atlanta and Naismith Engineering of Corpus Christi. He said the study would consist of two phases: Phase I would consist of studying three sites (South Padre Island Drive -Crosstown Expressway area, the Clarkwood- I.H. 37 area, and the Bayfront Plaza Convention Center) for locating either one or both of the sports facilities; Phase II would consist of such facets as management and funding options and the impact on existing public facilities. Mr. Kinnison added that the feasibility study would cost $144,460 plus expenses of $17,000, and prospective investors are being sought. Council Member McNichols said he endorsed the concept of the development of a multi -unit sports facility for Corpus Christi, and encouraged the Council to support the feasibility study. Mayor Rhodes asked why the enlargement of Cabaniss Field was not being considered as an option, and Mr. Kinnison stated that the board members had discussed using Cabaniss Field, but it was not selected as one of the final three sites for consideration. Council Member Noyola said he supported the idea of a single sports complex, but he opposed the appropriation of city and county funds for the feasibility study because he felt that a decision to locate the complex at the Convention Center had already been made. Mr. Kinnison replied that no particular site had been selected yet. He added that because of the potential economic impact of a sports facility, he hoped the city would invest $50,000 in the project. Mr. Noyola said there were many other sources of private funding that should be pursued rather than using city and county funds. Responding to Mayor Rhodes, Mr. Kinnison said the city's portion of the funding would be contingent upon the Sports Facility District acquiring sufficient funds from other sources to pay for the whole study. Council Member Moss commented that the group conducting the study should not be restricted to just three sites to investigate, and Mr. Kinnison replied that to include more sites would have been cost -prohibitive. Council Member Longoria also asked about including other possible sites in the study. Mr. Kinnison explained that what essentially needs to be determined is whether to build a sports arena in a suburban area or to expand the Bayfront Convention Center by adding a sports arena. Mrs. Longoria stated that she supported the concept of a multi-purpose arena, although she had questions about how it would be funded. City Manager Garza stated that he had not studied the funding question in depth, although a potential source could be hotel/motel tax revenues. Council Member Martin expressed concern about the need to expand the Minutes Regular Council Meeting December 13, 1994 Page 3 Convention Center in order to attract large conventions, and about the importance of conducting a thorough feasibility study. He noted that the Sports Facility District is a creation of Nueces County, and while the city should participate in this project, the county has a responsibility to it as well. Council Member Cooper remarked that the prospective sites were chosen after extensive study by the members of the Sports Facility District, and she supported funding the study as proposed. Council Member Best agreed with Mr. Martin about the necessity of enlarging the Convention Center. He reminded the Council members that the proposed sports/multi- purpose arena needed to be supported not only by Corpus Christi residents but by residents of smaller cities in the area as well. Mayor Rhodes said she had just attended a meeting in Austin with the Texas Municipal League, where she learned that while Corpus Christi is very popular among convention delegates, it ranks last in the amount of money that is raised by conventions because of the lack of exhibition space. A discussion ensued regarding what the next step should be regarding the feasibility study. Mr. Martin made a motion, seconded by Dr. McNichols, to direct staff to propose at the next Council meeting that the city contribute $10,000 to Phase I of the Sports Facility District feasibility study. Responding to Council Member Galindo, Mr. Garza explained that the proposal made during the November29, 1994 meeting regarding improving the heating and cooling system at the Convention Center was made in anticipation of the complex eventually being expanded. Mayor Rhodes called for a voice vote on the motion, and it passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting "No." Mr. Kinnison added that he and the other City Council -appointed member of the Sports Facility District would like to be reappointed to serve on the district when their terms expire in February 1995. Mayor Rhodes recognized Council Member Best, who introduced his son, John Best, a sophomore at St. Mary's University Law School in San Antonio. The Mayor then referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Minutes Regular Council Meeting December 13, 1994 Page 4 Building Code Board of Appeals David Underbrink Commission on Children and Youth Joey Sanchez Electrical Advisory Board Michael Lippincott - Reappointed W.B. Truax - Reappointed Philip Benavides - Reappointed Ashok Nadkarni - Reappointed Trey Pruet Human Relations Commission Elizabeth Dinn Cynthia Estrada Roger Quesada Landmark Commission Ron Smith Oil & Gas Advisory Committee Hewitt Fox - Reappointed Howard Fels Robert Hagens Senior Community Services Advisory Committee Elva Gonzales - Reappointed John Dunn - Reappointed Esther Oliver - Reappointed Helene Fennessy - Reappointed Alicia Charo Thomas Gomez Homer Martinez Minutes Regular Council Meeting December 13, 1994 Page 5 Senior Companion Program Advisory Committee Trinidad Benavides - Reappointed Marie Partington - Reappointed Mary Ruth Johnson - Reappointed Diana Bazan - Reappointed Yolanda Pruzan David Haynes Mayor Rhodes deviated from the day's agenda and opened the public hearing on the following zoning case: 7. Case No. 1094-2, Tee One Up, Inc.: A change of zoning from "B-4" General Business District to "1-2" Light Industrial District on Southbay Annex, Block 2, Lot A, located on the north side of S. Padre Island Drive, between Southbay and Sea Breeze Drives. Mayor Rhodes said the Planning Commission and staff recommended denial of the "1-2" District, and in lieu thereof, approval of a Special Permit for an outside amusement park subject to eight (8) conditions. A video was shown of a recent trip taken by Council Member Moss, Mr. Michael Gunning, Senior Planner in the Department of Planning and Development, and Mr. Jerry Wagoner, 1018 Harbor Lights, and President of the Southbay-Harbor Village Neighborhood Association. The trip was to the Mountasia Family Fun Center in Houston for the purpose of witnessing the park's go-cart attraction, which is similar to the one being proposed in Corpus Christi. Mr. Moss said that the attraction they visited in Houston was different from the proposed attraction in that it was located next to a shopping mall and near an apartment complex, rather than adjacent to a residential area, as is the subject property. He added, however, that if the Council denies the special permit for the amusement park, the property remains zoned as "B-4" and the owner could legally make other, more intrusive uses of the property. Mayor Rhodes asked Mr. Wagoner to comment on the park he and the others visited. Mr. Wagoner said the park was attractive and located in the proper area, away from residential homes. He added that it was impossible to shield all of the noise created by the go-carts. Council Member McNichols noted that even though the Houston park and the proposed Corpus Christi park are adjacent to busy thoroughfares, when there is less background traffic noise, the go-carts would produce significant noise by themselves. Minutes Regular Council Meeting December 13, 1994 Page 6 Responding to Mayor Rhodes, Mr. Gunning said the revised site plan for the subject property included a figure-eight design for the go-cart track with an excavation for an underpass. In addition, the height of the screening fence was reduced from 10 feet to 7 feet, and the type of construction was changed from masonry to a 3 -foot berm with a 4 -foot plywood fence on top. Mr. Larry Urban, Urban Engineering, and representative for the applicant, Mr. H.B. Hinton, described other revisions made to the site plan. Responding to Council Member Galindo, Mr. Rod Larson, an environmental consultant, described why he thought the 7 - foot screening fence would be sufficient to contain the noise from the go-carts. Mr. Wagoner reiterated his request that the Council members reject the proposed zoning for the good of the neighborhood. Ms. Yolanda Molina, resident of the Southbay-Harbor Village Neighborhood, echoed Mr. Wagoner's comments about retaining the integrity of the neighborhood by denying the zoning request. Council Member Martin made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Mayor Rhodes acknowledged that the decision on the proposed zoning was difficult to make. She also pointed out, as Mr. Moss had said, that if the zoning change fails, the property could have other uses, especially since it is located on South Padre Island Drive. City Secretary Chapa polled the Council for their votes as follows: FAILED TO PASS -- - -- --- -- -• ''- - publication. The foregoing ordinance failed by the following vote: Cooper and Galindo voting "Aye"; Rhodes, Best, Longoria, Martin, McNichols, Moss, and Noyola voting "No." ************* Mayor Rhodes called for a five-minute recess. Mayor Rhodes opened discussion on Items 2.a., 2.b., 2.c., and 2.d., construction at the Corpus Christi International Airport. Minutes Regular Council Meeting December 13, 1994 Page 7 Ms. Bonnie AIlin, Assistant Director of Aviation, introduced Mr. Bill Wilson, of Wilson, Kul!man McCord, Inc., and Mr. John Nyfeler, of the Nyfeler Organization. Mr. Wilson distributed detailed cost information on the proposed action plan, adding that the primary sources of funding are Federal Aviation Administration (FAA) grants and passenger facility charges (PFCs). He noted that the airport improvements must be phased in to allow air traffic to continue, with the first phase involving the creation of infrastructure for the rest of the improvements to take place, life safety upgrades, and public restroom improvements. The second phase of development will include the major improvements in the airport public spaces, as well as expansion of the baggage claim and deplaning lobby, and the majority of the interior improvements. The last two phases will involve improvements throughout the airport terminal. Council Member Moss commented that he understood the infrastructure improvements need to be implemented, but he emphasized the importance of making cosmetic improvements to the airport as early as possible. Mr. Wilson noted that the scheduling of improvements is dictated somewhat by the income stream. Responding to Council Member Martin, Ms. Allin said the $1.15 million needed to fund the first phase of improvements would be paid for by the PFCs and FAA grants. She said the PFCs have generated approximately $120,000 a month. A brief discussion ensued regarding the funding sources and the sequence of the construction. Mr. Martin also echoed Mr. Moss' remarks about the need for aesthetic improvements at the terminal. Referring to Item 2.d., Mr. Martin questioned the portion of the proposal for the airport food and beverage contract whereby nationally recognized vendors would be featured at the terminal. City Manager Garza explained that franchises of the nationally recognized vendors would be available to local business people. He added that according to studies conducted by airport personnel, revenues are higher in terminals where national food chains are located. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2.b. M94-310 Motion approving Alternate Reconstruction Plan "A" (as supplemented by Airline Technical Committee comments and minor changes) and implementation of the Action Plan. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Minutes Regular Council Meeting December 13, 1994 Page 8 2.c. M94-311 Motion approving Amendment # 3 to the contract with Wilson Kullman McCord, Inc. for terminal building reconstruction in the additive amount of $44,650 ($13,100 for design and $31,550 for construction administration) for a new total of $196,550 and authorization to proceed with Section III, Parts B and C, Design and Construction Services for Phase I Construction Contract No. 1A. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 2.d. M94-312 Motion approving the solicitation of proposals for the Airport Food and Beverage Contract for the Hayden Head Terminal at Corpus Christi International Airport. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Moss, and Noyola voting "Aye"; Martin and McNichols voting "No." Mayor Rhodes opened discussion on Item 3, air service advertising campaign. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, said the campaign to fly jets in and out of Corpus Christi is needless due to the recent adverse publicity surrounding ATR (prop) planes. He suggested that the Greater Corpus Christi Business Alliance should be funding the air service advertising campaign. Responding to Council Member Moss, City Manager Garza said he had directed staff, wherever possible, to fly jets when traveling on city business. In answer to Council Member McNichols, Mr. Garza said the total reserve appropriations for the General Fund are approximately $100,000, and in FY 1992-93, it was approximately $500,000. He added that the Budget Director will be reviewing the budget with the intent of recovering the funds for the campaign from other operating savings and then replenishing the reserve fund. Council Member Galindo said he supported the proposal, and asked why $12,500 in funding for the agreement was taken from the reserve appropriation of the Aviation Fund and the other $12,500 from the reserve appropriation of the General Fund. Mr. Garza said he would have preferred taking the whole amount from the Aviation Fund reserve, but there was concern that not all of the airlines flying out of Corpus Christi offer Minutes Regular Council Meeting December 13, 1994 Page 9 jet service. Mr. Garza said the portion of the advertising campaign being taken out of the Airport Fund reserve would focus on encouraging travelers to fly out of Corpus Christi (rather than driving to San Antonio for their air service), and the other portion from the General Fund reserve would specifically focus on flying jets rather than ATRs. City Secretary Chapa polled the Council for their votes as follows: 3. M94-313 Motion authorizing an agreement with the Greater Corpus Christi Business Alliance in the amount of $25,000 for an air service advertising campaign. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Mayor Rhodes opened discussion on Item 4, Alternate Daily Cover (ADC) at the Elliott Landfill. Mr. Tom Utter, Group Manager for Development Services, explained that the Elliott Landfill has operated with a dirt deficit for many years. In addition, the Environmental Protection Agency (EPA) and the Texas Natural Resource Conservation Commission require that the refuse at the landfill be covered every night with six inches of compacted earth. He passed out examples of the Alternate Daily Cover (ADC) being proposed to cover the landfill with. He said one of the main reasons for using the ADC is to keep the existing landfill in operation as long as possible (approximately 70 more months), which allows staff to proceed judiciously with the purchase and planning of the next landfill. The other advantage of using the ADC is that it significantly reduces the dirt deficit. Responding to Council Member Martin, Mr. Utter said there is approximately $215,000 set aside for the new landfill. Mr. Utter also explained, in answer to Council Member Galindo's question, that part of the top soil being excavated for newly opened portions of the Elliott Landfill is being banked for use later on as final cover on the older sections of the landfill. He added that one of the reasons for buying the Oso Creek property is to fill the need for substantial amounts of top soil. Mr. Utter commended Mr. Robert Bruner and Mr. Andres Leal of the Solid Waste Department for the extensive testing they conducted on various types of alternative cover. Mayor Rhodes called for comments from the audience. Mr. Leon Perez, 904 Buford, questioned the need for the landfill liner, and Mayor Rhodes responded that the liner is required by the EPA. Minutes Regular Council Meeting December 13, 1994 Page 10 City Secretary Chapa polled the Council for their votes as follows: 4. M94-314 Motion approving the purchase of a foam sprayer and a supply agreement for the purchase of resin/foamer materials from 3M/CoverFoam Services, Inc., to provide Alternate Daily Cover at the Elliott Landfill. The purchase price of a foam sprayer is $105,770. The purchase price of the resin and foamer materials is $205/drum and $900/drum, respectively. The estimated yearly cost for resin/foamer material is approximately $390,000/year. The supply agreement is for one year with an option to extend for an additional year. 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 Items 5.a. and 5.b., Dune Protection and Beach Access Plan, and the Transportation Element of the City Comprehensive Plan. The Mayor said she had received many calls and notes from people questioning aspects of the plan. Group Manager Utter said he thought all of the different citizens groups had been given copies of the staffs recommendations prior to it being discussed by the Planning Commission; the plan has also been discussed by the Water Shore Advisory Board and the Traffic Safety Advisory Board. Mayor Rhodes noted that the general public is usually unaware of the meeting times of those various boards, and suggested that another public hearing be held before the Council considers the plan. Council Member McNichols stated that most aspects of the Transportation Element of the city's Comprehensive Plan are non -controversial, but the portion that affects Padre Island is controversial due to regulations contained in the Coastal Management Plan. Mr. Utter pointed out that the city is responsible for submitting to the General Land Office a beach and dune plan. City Manager Garza said that County Commissioner Joe McComb suggested that the city and county approach the plan jointly since it affects both entities. A discussion followed regarding the most opportune time to allow staff to meet with concerned citizens and revise the proposal if necessary. Mayor Rhodes said the public hearing on the proposal was opened and it would be continued until the Council meeting on February 14, 1995. Mr. Utter noted that staff may bring the Transportation Plan back to the Council before February 14 but would withhold until a later time the portion that is under disagreement. 5.a. POSTPONED Amonding tho Dune Protection and Boach Access Plan, an element of the City of Corpus Christi Comprehonsivo Plan; amending the City's development objectives, Minutes Regular Council Meeting December 13, 1994 Page 11 5.b. POSTPONED 5.c. POSTPONED 6. POSTPONED aroas; adopting those transportation portions of the North Central, Port/Airport/Violot, South Central, Southsido, and Wostsido aroas proviously Mayor Rhodes opened the public hearing on the following zoning case: 8. Case No. 1094-3, Michele Hermis: A change of zoning from "R-2" Multiple Minutes Regular Council Meeting December 13, 1994 Page 12 Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District on Southside Addition Unit 4, Block 40, and Lot 19, Block 38, located on the southwest corner of Mansheim Boulevard and Kostoryz Road. Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on Lot 19 and approval of a Special Permit for a small engine and lawnmower repair shop and an auto sales lot on Block 40, subject to five (5) conditions. Group Manager Utter said Ms. Hermis, the applicant, agreed with the staff recommendation. There was no opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Longoria, and passed unanimously. Responding to Council Member Galindo, Ms. Hermis said there would be no auto repairs performed at the shop. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022099 Ordinance amending the Zoning Ordinance upon application by Michele Hermis, by changing the Zoning Map in reference to Southside Addition Unit 4, Lot 19, Block 38, from "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District; and granting a Special Permit for a small engine and lawnmower repair hop and an auto sales lot on Block 40, subject to five (5) conditions; 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." Mayor Rhodes opened the public hearing on the following zoning case: 9. Case No. 1194-1, Morteza Shafinurv: A change of zoning from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District on Airline Subdivision, Block D, Lots 1 through 4, located on the southeast corner of Airline Road and Birmingham Street. Mayor Rhodes said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District on Lots 3 and 4. Mr. Utter stated that the applicant agreed with the recommendation. Minutes Regular Council Meeting December 13, 1994 Page 13 There was no opposition to the zoning change. Council Member Best made a motion to close the public hearing, seconded by Council Member Galindo, and passed unanimously. Council Member Martin asked about the two lots of the subject property currently located in the "R -1B" zoning, and Mr. Brandol Harvey, Director of Planning and Development, said the adopted land use plan called for the property to be single-family use commiserate with its current zoning. However, he said there are policy statements which say that commercial properties fronting on arterials can expand, provided the expansion is not in a "leap -frog" fashion. Mr. Harvey added that the Planning Department staff has seen a number of people requesting a rezoning of residential property (because they can buy it more cheaply) and then rezone it to commercial use when the surrounding properties remain residential. He said staff is discouraging that practice but encouraging expansions of existing commercial properties. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022100 Ordinance amending the Zoning Ordinance upon application by Morteza Shafinury, by changing the Zoning Map in reference to Airline Subdivision, Block D, Lots 3 and 4 from "R -1B" One -family Dwelling District to "8-1" Neighborhood Business District; 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." Mayor Rhodes recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. The Mayor reconvened the regular Council meeting. Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 27, and Council Members requested that Items 12, 15, 20 and 23 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting December 13, 1994 Page 14 11. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute Lease Amendment No. 2 to the Ten Year Lease of the Old Police Station to the Corpus Christi Community Improvement Corporation approved by Ordinance No. 021640 on April 27, 1993 to lengthen the term of the lease to fifteen years. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 13. M94-316 Motion approving a supply agreement for meal delivery service consisting of approximately 96,000 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels in accordance with Bid Invitation No. BI -0070-95 with R&R Delivery Service, Corpus Christi, Texas, based on the only bid for an estimated annual expenditure of $113,263.68. The term of the contract 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. Funds have been budgeted by the Senior Community Services of the Parks and Recreation Department. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 14. M94-317 Motion approving a supply agreement for approximately 432 pairs of heavy weight cotton work gloves, and 4,404 pairs of leather work gloves, ranging in size from small to extra large, in accordance with Bid Invitation No. 13I-0006-95, with All Safety & Supply, Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $18,069.72. 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 are budgeted for FY 94-95 by the using departments. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 16. M94-319 Motion authorizing the City Manager to execute a professional services contract with Occupational Health Centers, Corpus Christi, to provide alcohol and drug testing services, as mandated by Department of Transportation federal regulations Minutes Regular Council Meeting December 13, 1994 Page 15 which apply to City employees in the Gas Department and employees required to hold a Commercial Driver's License (CDL) to perform the essential functions of their positions, and as required by City Alcohol and Drug Policies. Testing services include: specimen collection, drug specimen testing by a laboratory certified by the United States Department of Health and Human Services, certified Medical Review Officer services, and evidential breath alcohol testing services. The estimated annual cost of providing these testing services is $43,200. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 17. M94-320 Motion awarding a Change Order to Garico Inc. for O.N. Stevens Water Treatment Plant Interim Instrumentation Improvements contract in the amount of $42,200. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 18.a. ORDINANCE NO. 022101 Ordinance appropriating $15,019 contributed by Nueces County and the Greater Corpus Christi Business Alliance for ozone near non -attainment planning research; and amending Ordinance No. 021997 which adopted the FY 1994-95 budget. 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." 18.b. M94-321 Motion approving an amendment to Research Agreement No. 95-072 between the Texas Engineering Experiment Station and the City of Corpus Christi, to add phase two in the amount of $20,555. The research on ozone near non -attainment planning is being performed by the Environmental Engineering Program at Texas A&M University -Kingsville. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 19. ORDINANCE NO. 022102 Ordinance adopting the Texas Municipal Retirement System (TMRS) actuarially Minutes Regular Council Meeting December 13, 1994 Page 16 determined Contribution Rate for the City of Corpus Christi of 11.01% for 1995, as included and allocated in the City's budget adopted by the City Council for FY 94- 95, which authorizes full payment to TMRS of the increase in the City's Contribution Rate for 1995 due to actuarial assumption changes, adopts updated service credits for qualifying City employees, and adjusts annuities for retirees and beneficiaries of deceased retirees equal to 40% of the percentage change in the Consumer Price Index (CPI). 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." 21. ORDINANCE NO. 022104 Ordinance appropriating $3,648 from the Texas Department of Health Grant for the purchase of an automatic external defibrillator and related equipment; amending Ordinance No. 021997 which adopted the FY 1994-95 operating budget by adding $3,648 to the Aviation Fund No. 117. 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." 22. ORDINANCE NO. 022105 Amending Code of Ordinances, Chapter 53 - Traffic, Section 53-257, Schedule VIII, Parking Meter Zones, Established, by (a) establishing a 5 -cents per hour parking meter zone along the west side of the 100 block and both sides of the 200 block of Mesquite Street, (b) converting 10 -hour parking meters to 2 -hour parking meters along the east side of the 100 block of Mesquite Street, and (c) converting 2 -hour parking meters to 10 -hour parking meters along the east side of the 200 block of Mesquite Street. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 24. ORDINANCE NO. 022107 Regarding regulation of rates charged by TCI Cablevision of Texas, Inc. for basic cable service and related equipment; and approving or permitting certain rates and charges. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting Minutes Regular Council Meeting December 13, 1994 Page 17 "Aye." 25. ORDINANCE NO. 022108 Amending Chapter 18, Fire Prevention Code, Article I, General, of the City Code of Ordinances by adoption of the SBCCI Standard Fire Prevention Code, 1994 Edition; providing for additions, deletions, and changes to said Code; repealing all previous provisions of Article I; providing a savings clause; providing for penalties; providing for publication; and providing for an effective date of January 1, 1995. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 26. ORDINANCE NO. 022109 Amending Code of Ordinances, Chapter 53 - Traffic, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by reducing the speed limit on Ocean Drive between a point 400 feet south of Rossiter Street to Airline Road from 45 MPH to 40 MPH. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, McNichols and Moss voting "Aye'; Martin and Noyola voting "No." 27. ORDINANCE NO. 022110 Ordinance of the City of Corpus Christi, Texas, finding after reasonable notice and hearing, that the existing rates of Central Power and Light Company are unreasonable; re -determining just and reasonable rates to be observed and in force within the City; reordering rate reductions; ordering that this ordinance be served on Central Power and Light Company; preserving regulatory rights of the City; and providing for repeal of conflicting ordinances. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Longoria, Martin, McNichols, and Moss voting "Aye"; Galindo and Noyola voting "No." Mayor Rhodes opened discussion on Item 12, purchase of police sedans. Council Member McNichols asked if cars could be purchased less expensively and then secondarily equipped as police cars. Deputy City Manager Bill Hennings said the company had previously offered a discount on the specially equipped vehicles, but they Minutes Regular Council Meeting December 13, 1994 Page 18 no longer do. He added that the city is buying approximately 30 new police cars a year. Responding to Council Member Moss, Mr. F.D. Glenn, Purchasing Agent, said Ford and Chevrolet are the only two companies which currently manufacture the police package sedans. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. M94-315 Motion approving the purchase of thirty-one Police Package sedans in accordance with Bid Invitation No. BI -0084-95 from Vista Chevrolet, Corpus Christi, Texas, for the total amount of $511,004 based on low bid. Thirty units are for the Police Department and one is for the EMS Division, Fire Department. All units are budgeted in the 1994-95 Capital Outlay as replacements. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 15, excess workman's compensation, airport liability, and gas utility liability insurance. Council Member McNichols commended the staff on the insurance proposal, noting that the Excess Workers Compensation Insurance premium was lowered from $94,232 to $62,400. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M94-318 Motion approving the purchase of (1) Excess Workers' Compensation Insurance from Gulf Insurance with limits of $10,000,000 and $500,000 retention level; (2) Airport Liability Insurance from American Eagle Insurance with coverage limits of $75,000,000 and $15,000 aggregate deductible and (3) Gas Utility Liability Insurance from Associated Electrical and Gas Insurance Services (AEGIS) with a coverage limit of $25,000,000 and $250,000 deductible with one, two or three year renewal options through HRH insurance for a combined annual premium of $185,283. This is in accordance with Bid Invitations No. BI -0064-95, BI -0065-95, and BI -0066-95. Monies for these premiums are available in the City's Self Minutes Regular Council Meeting December 13, 1994 Page 19 Insurance Fund. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Council Member Martin said he agreed with the decision to self -insure the gas utility liability. Mayor Rhodes opened discussion on Item 20, amendment to the Monitoring Well Use Privilege Agreement. Responding to Council Member Martin, City Manager Garza stated that he felt it was appropriate to proceed with the recommendation at this time. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 022103 Ordinance authorizing the City Manager or his designee to execute Amendment No. 2 to the Use Privilege Agreement with Amerada Hess Corporation (AHC) as approved by Ordinance No. 021731, passed August 17, 1993, and amended by Ordinance No. 021887, passed March 1, 1994, to install an additional four monitoring wells (18 total) in the area bounded by Poth Lane, Buddy Lawrence Drive, and Interstate 37; and establishing a use fee of $3,000 for the four additional monitoring wells. 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." Mayor Rhodes opened discussion on Item 23, regarding the settlement agreement with U.S. West Communications. Responding to a question from Council Member Martin, City Manager Garza said that in addition to the net payment from U.S. West of approximately $200,000, there is $104,000 available in reserve, which was a Municipal Court expense that had been withheld during settlement negotiations. Mayor Rhodes called for comments from the audience, and there were none. Minutes Regular Council Meeting December 13, 1994 Page 20 City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 022106 Amending Ordinance No. 021997 which adopted the FY 1994-95 Budget to increase appropriations by $169,850 in the Police Department to fund the terms of the Settlement Agreement executed between the City of Corpus and U.S. West Communication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for the City Manager's report. Mr. Garza said staff was prepared to give the presentation on the storm water utility if the Council wished. He noted that May 1995 was the target date to begin a majority of the work on the utility, with an implementation date of January 1, 1996. The Mayor suggested the presentation be postponed to coincide more closely with the public awareness campaign in May 1995. Mr. Garza added that items scheduled for the December 20, 1994 meeting included a presentation on the new landfill; the new legislative package; tentative discussion on new equipment for the Police Department; and policy considerations for capital improvements. In her report, Mayor Rhodes said she attended the board meeting of the Texas Municipal League (TML) last week, during which a new committee dealing with term limitations was formed and Council Member Longoria was appointed as a member. The Mayor said she would provide the Council members with TML's legislative program. She also asked staff to provide a report on blinking traffic signals in the downtown area. Mayor Rhodes called for Council concerns and reports. Council Member Martin requested a memo on the city's investment policies, in light of recent reports of failed investments by cities nationwide. City Manager Garza said the city's investment policy for the last 10 years involves a written set of guidelines, none of which can be changed by the staff until it has been approved by an Investments Committee, which includes the City Manager, Deputy City Manager, Budget Director, City Attorney, Investments Manager, and the Finance Director. In reviewing investments, the first consideration is safety, followed by liquidity and yield. In addition, the city does not Minutes Regular Council Meeting December 13, 1994 Page 21 invest to trade, and it does not pay for securities until they have actually been delivered. Mr. Martin also suggested that staff review the condition of some of the equipment in the Fire Department. He commented on the need to develop the "public history" of certain important items such as the water issue, so that the public can be better informed. In relation to that, Mr. Martin discussed the Garwood option on the water issue (which he felt should be included on the December 20 agenda), the Nueces Estuary Wastewater Effluent Project, and the desalination workshop scheduled for December 17, 1994. Council Member McNichols said he hoped that the people who were interested in the subject of desalination had been informed of, and were planning to attend, the desalination workshop. He also noted that a committee of the Nueces Estuary Advisory Council is currently developing the specific details to modify the freshwater release plan. Dr. McNichols said he concurred with Mr. Martin's comments about the need to address the Garwood option at the next Council meeting. Dr. McNichols also remarked on the "education deficit" which exists regarding such issues as the water issue, partly due to the complexity of the subject. He said those who are involved in it need to be diligent in emphasizing its importance and educating the community about it. Council Member Galindo complimented the Neighborhood Improvement staff on their efforts to be more pro -active during the last 12 months. He asked about the policies regarding repeat offenders of the Building Code, and City Manager Garza said that those policies are determined by state statutes. He said he would review the policies to ensure that staff is taking full advantage of certain aspects of the statutes. Council Member Moss commented on a report about carbon monoxide leaking at the No. 1 Fire Station, and asked when the parking lot for the Nueces County Appraisal District will be paved. Mr. Moss stressed the need to maintain the city's attainment status regarding pollution emissions, in light of auto emission testing that began recently in Dallas and Houston. He added that the repaving project on Airline Road between Ocean Drive and Alameda had stopped. Mr. Garza said that project would be completed soon. Council Member Best asked if the City, County or the Regional Transportation Authority had considered assisting Halo Flight with funding. Dr. McNichols explained that Medicaid had denied payment on several of Halo Flight's transfers due to certain criteria, but was not a reflection of Halo Flight's management. He said the city and county could not afford to be without Halo Flight's service. Mr. Garza noted that the city is currently having to fund the ambulance program by 100 percent, adding that he felt Halo Flight's financial problems should be addressed by the county. Dr. Best said the Council needs to be updated on several "working" items, such as the status of the Frost building, the factory outlet mall, and the old Nueces County Courthouse. Regarding the status of the Lavaca-Navidad River Authority lawsuit, Mr. Garza said it is still in the appellate court. Minutes Regular Council Meeting December 13, 1994 Page 22 Dr. McNichols asked Mr. Garza to investigate the possibility of closing the Hans Sutter Wildlife Area on Ennis Joslin Road during certain hours to try and prevent vandalism there. He also reported an abundance of trash along the seawall, and Mr. Garza replied that crews clean that area every day, sometimes several times a day, much of which is carried through the storm water drains that deposit into the bay. Council Member Cooper reported two ditches at Schanen and Acushnet with high grass. Mr. Garza said some ditches are not adequately dredged and mowed because of the high cost of some of the equipment needed to do that. He added that he would look into that situation. Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council Meeting adjourned at 6:15 p.m. on December 13, 1994.