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HomeMy WebLinkAboutMinutes City Council - 12/20/1994I 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 20, 1994, which were approved by the City Council on January 10, 1995. WITNESSETH MY HAND AND SEAL, this 11th day of January, 1995. Armando Chapa City Secretary SEAL /l er AuLAVILMEre MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 20, 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 Dr. Mark Dody, First United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Longoria. 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 December 13, 1994, and there being no corrections, she proclaimed them approved as presented. The Mayor then read a proclamation establishing December 8-14, 1994 as "Human Rights Week" in Corpus Christi. Michele M. Amini, representing the Corpus Christi Chapter of the National Conference of Christians and Jews, accepted the proclamation. Mayor Rhodes also read a proclamation recognizing Lou Vargo, Executive Assistant to the City Manager, who has worked in that position for 36 years with seven City Managers and 11 different Mayors. The proclamation noted that Mrs. Vargo was retiring and, in recognition of her achievements, December 20, 1994 was established as "Lou Vargo Day" in Corpus Christi. The Council Members added their comments of Minutes Regular Council Meeting December 20, 1994 Page 2 praise and congratulations to Mrs. Vargo. Mayor Rhodes opened discussion on Items 1.a. through 1.j., and Items 2.a. through 2.c., regarding improvements to the Columbus Fleet and the Bayfront Arts and Science Park. The Mayor read a portion of a letter from Mr. Rafael Mazarrasa, President of the Spain '92 Foundation, dated December 16, 1994, in which Mr. Mazarrasa endorsed the plan to locate the Columbus Fleet replicas adjacent to the Corpus Christi Museum of Science and History and in conjunction with the "Seeds of Change" exhibit. Mayor Rhodes emphasized the importance of the community working together to bring the project to fruition. City Manager Garza explained that the proposed sale of the Certificates of Obligation (COs) incorporated both the plans for finding a permanent location for the Columbus ships and for funding the thermal energy storage system for the Bayfront complex. Mr. Tom Utter, Group Manager for Development Services, briefly outlined the different agenda items as they related to the sale of the COs, including agreements between the city and the Greater Corpus Christi Business Alliance, the Port of Corpus Christi Authority, the Las Carabelas Columbus Fleet Association, Central Power and Light, and Friends of the Corpus Christi Museum of Science and History. Mr. Alex Harris, Chairman of the Board of the Las Carabelas Columbus Fleet Association, thanked the other members of the association, the Greater Corpus Christi Business Alliance, the Friends of the Museum, Mr. Mazarrasa, city staff, Council Member Martin (in his role as President of the Corpus Christi Housing Finance Corporation), and Mayor Rhodes. Mr. Harris also described the four phases of construction of the Columbus Fleet Shipyard and Seaport and the "Seeds of Change" museum expansion. He said it is important that a portion of the park be open to the public beginning May 15, 1995. The first phase involves modifying the roadway near the site of the shipyard and the museum; Phase 2 involves constructing the shipyard itself; Phase 3 pertains to the "Seeds of Change" museum expansion; and Phase 4 consists of the construction of the seaport (the Nina Park). Responding to Council Member Galindo, Mr. Harris said that in the proposed plan, the replicas of the Santa Maria and the Pinta will be out of the water to receive repairs and maintenance work. After approximately two years, the Pinta will be returned to the water in the seaport along with the Nina. The Santa Maria will receive the proper maintenance so that eventually it can be returned to the water as well. Minutes Regular Council Meeting December 20, 1994 Page 3 Council Member Longoria noted that Mr. Harris and the other board members of the association are not paid for the many hours they have devoted to this project. Mr. Carl Crull, Group Manager of Public Works and Utilities, described Item 1.j., the contract for electric service with Central Power and Light for the Thermal Energy Storage Facility at the Bayfront Arts and Science Park. Responding to Council Member Best, Mr. Crull said the agreement is for 10 years, at which time the city can evaluate the system and determine if it wishes to continue using electric units or to switch to gas units. Council Member McNichols said he felt it was wrong for the city to incur $3.8 million of addition debt for the Columbus replicas, adding that the ships should probably go to another city where money is more available for such a project or else they should be returned to Spain. Council Member Cooper thanked the task force for their efforts and expressed her support for the proposed shipyard, seaport and museum expansion. Council Member Noyola said he agreed with Dr. McNichols' comments regarding the project, saying there were more important issues facing the city, such as fighting crime. Mr. Garza said the Certificates of Obligation include $2,910,000 for the Columbus ships project (Series 1994-A) and $2,390,000 for the Thermal Energy Storage System (Series 1994-B). He said the reason the COs were divided that way was because the energy project and the museum expansion were solely city matters, while the Columbus ship project was being undertaken on behalf of a non-profit corporation. He said the rates for the bonds for Series A were 6.575%, and for Series B they were 6.318%, which were very competitive. Responding to Council Member Martin, Mr. Garza said the COs were insured, Triple -A COs. Mrs. Rosie Vela, Director of Finance, added that 75% of the rebate from Central Power and Light has been programmed into the principal payment on the Series - B COs, and the other 25% will be used to call the COs when the city proves there has been a shift in consumption on the Thermal Energy Storage System. Mr. Martin made a motion that all rebates over and above those programmed by the City Manager be used over and above normal principal payments to call the COs; Mayor Rhodes seconded the motion, and it passed unanimously. In answer to another question from Mr. Martin, Mr. Garza said there will be an explanation of the self-supporting nature of the project somewhere in the narrative description of the Final Official Statement. Minutes Regular Council Meeting December 20, 1994 Page 4 Dr. McNichols asked if Texas Commerce Bank's underwriting charges would be included as part of the bond issuance cost, and Mr. Garza said they would be. Dr. McNichols added that the money that was pledged to back the COs for the Lexington Museum on the Bay are being released and are being applied to the Columbus Fleet. Mr. Garza said the reason the revenues from the hotel/motel occupancy tax were being used for the project was because that tax is very much tied into the visitor industry. He added that in the event the Columbus ships project is unable to meet its debt, the first step would be to raise those monies from the hotel/motel tax; in the unlikely event that those revenues are insufficient, then the property tax revenues would be used as a last resort. Dr. McNichols expressed concern about the possibility of the Lexington being unable to pay its debt now that the pledge of the hotel/motel tax revenues have been shifted to the Columbus Fleet project. Mr. Garza responded that, after reviewing the operating statements of the Lexington, city staff was convinced that the amount of monies generated by the Lexington, after paying its debt, made it a safe endeavor for the city. However, if there were a significant downturn in tourism in the city, the city's pledge to back the Lexington would then come into play. Responding to Mr. Galindo, Mr. Utter said the Columbus Fleet originally took out a loan through a local bank for $1 million which was paid to the Spain '92 Foundation, in addition to $500,000 owed to the foundation. He said those monies will be part of the overall debt service for the project, and the $1.5 million portion of the debt will have priority over the prepayment of the rest of the debt. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, disagreed with the sale of the Certificates of Obligation and said they should have been approved by the voters. He also questioned the maintenance and installation costs of the Thermal Energy Storage System. Mr. Garza responded that those costs on the proposed energy system were calculated into the savings projections. City Secretary Chapa polled the Council for their votes as follows: 1.a. ORDINANCE NO. 022111 Ordinance by the City Council of the City of Corpus Christi, Texas providing for the issuance of $2,910,000 City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenues, Certificates of Obligation, Series 1994- A, for construction of the Columbus Fleet Shipyard and Seaport; and ordaining other matters related to the subject. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, Minutes Regular Council Meeting December 20, 1994 Page 5 McNichols, and Noyola voting "No." 1.b. ORDINANCE NO. 022112 Ordinance by the City Council of the City of Corpus Christi, Texas providing for the issuance of $2,390,000 City of Corpus Christi, Texas, Combination Tax and Municipal Hotel Occupancy Tax Revenues, Certificates of Obligation, Series 1994- B, for expansion of the Corpus Christi Museum of Science and History to provide for the Smithsonian Institution's Seeds of Change Exhibit ($900,000) and for a Thermal Energy Storage System at the Bayfront Arts and Science Park ($1,490,000); and ordaining other matters related to the subject. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols, and Noyola voting "No." 1.c. ORDINANCE NO. 022113 Ordinance amending the FY 1994-95 Capital Budget adopted under Ordinance No. 022076, to authorize funds in the amount of $2,910,000 to construct the Columbus Fleet Shipyard and Seaport; $900,000 for an expansion to the Corpus Christi Museum of Science and History to provide for the Smithsonian Institution's Seeds of Change Exhibit; $1,490,000 for a Thermal Energy Storage System at the Bayfront Arts and Science Park. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; McNichols and Noyola voting "No." 1.d. ORDINANCE NO. 022114 Ordinance appropriating $2,910,000 from the Bayfront Arts and Science Park Capital Improvement Fund No. 577 for the Columbus Fleet Shipyard and Seaport improvements; and $2,390,000 from Bayfront Arts and Science Park Capital Improvement Fund No. 587 for the museum expansion and the Thermal Energy Storage System. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols, and Noyola voting "No." 1.e. ORDINANCE NO. 022115 Ordinance authorizing the City Manager to execute the First Amendment to consulting services agreement with the Greater Corpus Christi Business Alliance Minutes Regular Council Meeting December 20, 1994 Page 6 whereby the Alliance agrees to guarantee payment of debt service for improvements for museum display of the Columbus Fleet replicas, the Alliance is released from similar obligations connected with the U.S.S. Lexington Museum, the term of the agreement is extended until July 31, 2015, and related provisions are agreed, as set forth in the agreement; providing for severance. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols, and Noyola voting "No." 1.f. M94-322 Motion authorizing the City Manager to execute on behalf of the City of Corpus Christi the Reimbursement Agreement with the Lady Lex on the Bay Association whereby the Association agrees to timely pay to the City debt service on "City of Corpus Christi, Texas Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 1992" in the principal sum of $3,000,000, the Greater Corpus Christi Business Alliance releases the Association from its obligation to the Alliance regarding same, and the City releases the Alliance from its obligation to City regarding same, with related provisions as contained in the Reimbursement Agreement, a substantial copy of which is on file with the City Secretary. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Longoria, Martin, and Moss voting "Aye"; Galindo, McNichols, and Noyola voting "No. 1.g. ORDINANCE NO. 022116 Ordinance authorizing the City Manager to execute on behalf of the City of Corpus Christi an amendment to the lease agreement with the Port of Corpus Christi Authority of Nueces County, Texas, authorized by Ordinance No. 10435 on August 25, 1971, in order to sublet the premises to the Las Carabelas Columbus Fleet Association for Museum display of the Columbus Fleet replicas; providing for severability. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; McNichols and Noyola voting "No." 1.h. ORDINANCE NO. 022117 Ordinance authorizing the City Manager to execute on behalf of the City of Corpus Christi a lease agreement whereby the City leases to the Las Carabelas Columbus Fleet Association 1.43 acres more or less of land adjacent to the Corpus Christi Minutes Regular Council Meeting December 20, 1994 Page 7 Museum of Science and History for a term of one year for the purpose of publicly displaying and operating the Columbus Ship replicas as a museum facility, and the Association agrees to timely pay debt service on $2,910,000 of Certificates of Obligation issued by the City for improvements for the Columbus ships project; providing for severability. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; McNichols and Noyola voting "No." 1.i. FIRST READING ORDINANCE Authorizing the City Manager to execute on behalf of the City of Corpus Christi a lease agreement whereby the City leases to the Las Carabelas Columbus Fleet Association 1.43 acres more or less of land adjacent to the Corpus Christi Museum of Science and History for a term ending July 31, 2015 for the purpose of publicly displaying and operating the Columbus Ship replicas as a museum facility, and the Association agrees to timely pay debt service on $2,910,000 of Certificates of Obligation issued by the City for improvements for the Columbus ships project; providing for severability. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; McNichols and Noyola voting "No." 1.j. M94-323 Motion authorizing the City Manager to execute a contract for electric service with Central Power & Light (CPL) for the Thermal Storage Facility at the Bayfront Arts and Science Park. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; McNichols and Noyola voting "No." 2.a. M94-324 Motion authorizing the City Manager, or his designee, to sign an agreement between the Friends of the Corpus Christi Museum of Science and History and the City of Corpus Christi concerning City acceptance of a $50,000 Grant including $30,000 for the design, fabrication, and installation of components of the Seeds of Change Exhibit and $20,000 for the design, fabrication, and installation of an outdoor xeriscape exhibit at the Corpus Christi Museum of Science and History. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Minutes Regular Council Meeting December 20, 1994 Page 8 Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No." 2.b. ORDINANCE NO. 022118 Ordinance appropriating a grant in the amount of $50,000 from the Friends of the Corpus Christi Museum of Science and History including $30,000 for the design, fabrication, and installation of components of the Seeds of Change exhibit and $20,000 for the design, fabrication, and installation of an outdoor xeriscape exhibit at the Corpus Christi Museum of Science and History; amending Ordinance No. 021997 which adopted the FY 1994-95 budget by adding $50,000 to Seeds of Change and Xeriscape Trust Fund Account No. 111-000-243.06. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No." 2.c. M94 325 Motion authorizing the City Manager, or his designee, to sign an agreement between the Corpus Christi Museum of Science and History and Southwest Museum Services for professional services relating to the design, fabrication, and installation of components of the Seeds of Change Exhibit and for the design, fabrication, and installation of an outdoor xeriscape exhibit at the Museum, and for other related services. Southwest Museum Services will be paid a total of $150,000. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, and Moss voting "Aye"; McNichols and Noyola voting "No." Mayor Rhodes opened discussion on Item 3, Sports Facility District feasibility study. City Manager Garza noted that a presentation on the study had been given during the December 13, 1994 Council meeting, and he had been instructed to bring back a recommendation on how to fund the first phase of the study. The funding source he recommended was the fund balance of the Tourist and Convention Fund. Responding to Council Member McNichols, Mr. Garza stated that he had originally considered funding the study from General Fund sources, but after reviewing the financial statements, concluded that the Tourist and Convention Fund was a viable and appropriate source of monies for the study. Minutes Regular Council Meeting December 20, 1994 Page 9 Mayor Rhodes questioned the way the proposed study would be undertaken. Mr. Rex Kinnison, Chairman of the Nueces Sports Facility District, said the organization had not been successful in obtaining enough funding to study concurrently several potential sites for a multi-purpose arena and/or an outdoor sports complex. He added that a simpler study on the same subject had been conducted in 1985, and it was concluded that this community could support such a facility; however, there was not enough funding to begin the project. In response to Council Member Galindo, Mr. Kinnison said Nueces County had not yet allocated any funding for the proposed study. Mr. A.C. Johnson, another member of the Nueces Sports Facility District, told Mr. Galindo that when the Sports Facility District was first established, it was discussed that tax dollars would not be used in the process of locating a sports facility. Council Member Best commented that it would be difficult for voters throughout Nueces County to support a sports facility that might not be easily accessible to them. Mr. Johnson said that the Sports Facility District was created by the county, and even though the Bayfront Convention Center needs to be expanded, the sports district was not the proper entity through which to do that. He encouraged the Council to postpone a vote on funding the first phase of the study until the County Commissioners had reviewed the proposal. Council Member Cooper agreed with Mr. Johnson that both phases of the study -- rather than just the first phase --should be funded in order to expedite the location of a sports or multi-purpose facility. She said people in the community had expressed their support for such a facility. Council Member Noyola said he supported construction of a sports arena, but he did not support funding the feasibility study. Mr. Johnson said the members of the Sports Facility District will be proposing three sites to be considered by the company which will conduct the study. Of those sites, the company will suggest first and second choices of sites. He added that the sports district will ask the county for the same amount of funding it is seeking from the city. Council Member Martin pointed out that the proposal was designed to be conducted in phases, and he supported funding the first phase of the study. Council Member Galindo made a motion to postpone action on the sports facility study until the county has made a commitment to the study; seconded by Council Member Noyola. Mayor Rhodes said she would not support the motion because she felt the city should commit $10,000 to the first phase of the study, despite whatever action the county may or may not take. Council Member Longoria said she would not support Mr. Galindo's motion either because she felt the feasibility study should be conducted. A brief discussion ensued regarding the motion. A hand vote was called for on the Minutes Regular Council Meeting December 20, 1994 Page 10 motion, and it failed to pass. Mr. Noyola questioned the vote, and Mayor Rhodes asked City Secretary Chapa to poll the Council for their votes as follows: Best, Galindo, and Noyola voting "Aye"; Rhodes, Cooper, Longoria, Martin, McNichols, and Moss voting "No." Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 022119 Ordinance amending Ordinance No. 021997 which adopted the FY 1994-95 Budget by increasing appropriations from the Unreserved Fund Balance by $10,000, and appropriating $10,000 in the Tourist and Convention Fund No. 103 for Phase One of a feasibility study of potential sites for convention and sports facilities. An emergency was declared and the foregoing ordinance passed 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 4, adopting a resolution establishing the City's legislative policy for the 74th Texas Legislature. City Manager explained that as the Texas Legislature prepares to convene, staff comes to the Council to seek direction on how to pursue legislation that will affect Corpus Christi. He said the city's general policies in this matter have remained fairly consistent over the years, including opposing legislation that would undermine the principle of home rule and local self-government, and supporting legislation that would reduce costs to the city and provides for more local control, among other things. The proposed legislative policy also addressed water, education, mandates, children and youth, and general procedures. Council Member Martin questioned the wording of Section 1(B)(1) of the proposed resolution, which stated, "The City will support legislation that will increase City revenues." He made a motion to amend the resolution as follows: "The City will support legislation that will protect City revenues." The motion passed unanimously. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting December 20, 1994 Page 11 4. RESOLUTION NO. 022120 Resolution adopting a statement of Legislative Policy for the City of Corpus Christi during the 74th Texas Legislature. The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes opened discussion on Item 5, Mobile Data Terminal and Automatic Vehicle Location (MDT/AVL) study. Police Chief Henry Garrett said the proposal before the Council was for an interlocal agreement between the City, Nueces County, and the Regional Transportation Authority (RTA) to hire Trott Communications Group Inc. to perform an assessment survey and to develop a design for a mobile data terminal and automatic vehicle locators. He said the study would cost $45,000, with the recommendation that the city pay $22,500, the county pay $8,000, and the RTA pay $14,500. Chief Garrett then showed slides illustrating the mobile data terminals and automatic vehicle locators. Mayor Rhodes questioned the need for the study if it was already determined that the proposed equipment was necessary. Chief Garrett replied that the study would indicate exactly what type of equipment would need to be purchased. Responding to Council Member Moss, Chief Garrett said the mobile data terminals would enable the officers to directly update reports and handle low -priority calls through the computer instead of going through the dispatcher. Council Member McNichols expressed concern about the ability of the automatic vehicle locators to work properly, and Chief Garrett assured him that the system's technology would greatly increase the department's efficiency. Council Member Best said he and other members of the Consolidation Task Force supported the proposal for the study on the new equipment. Mayor Rhodes called for comments from the audience. Mr. Phil Rosenstein, 949 Bobalo, supported the proposal, saying that public safety should be the most important priority, and this system should help reduce crime and increase efficiency. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting December 20, 1994 Page 12 5. M94-326 Motion approving and authorizing the City Manager to sign an interlocal agreement between the City of Corpus Christi, Nueces County, Texas, Regional Transportation Authority, and Trott Communications Group, Inc. for engineering services related to performing a needs assessment survey and developing a functional design concerning a mobile data terminal and automatic vehicle location system and for other services; and agreement between the City, County, and RTA concerning frequency coordination and license application fees. The cost of engaging Trott will be $45,000 to be paid by the three agencies as follows: (1) Nueces County, $8,000; (2) RTA, $14,500; and (3) City of Corpus Christi, $22,500. 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 6, Garwood water rights purchase option. City Manager Garza explained that December 31, 1994, would be the deadline for purchasing up to 35,000 acre-feet of water rights from the Garwood Irrigation Company under the current price of $410 per acre-foot; between January 1, 1995 and June 30, 1995, the price would be $420 per acre-foot. He said staff was not recommending moving ahead on the purchase because the conditions are not yet ready for the city to exercise the purchase option. Responding to Council Member Noyola, Mr. Garza emphasized that the recommendation was that the city not exercise the option at this time. Council Member Martin said the Council should have the opportunity to discuss this matter by May 1, 1995, before the next extension date. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M94-327 Motion approving the recommendation that the option to exercise the right to purchase up to 35,000 acre-feet of water rights from Garwood Irrigation Company, which expires December 31, 1996, not be exercised at this time, and that further consideration be given to exercising the option in June 1995. The price will increase from $410 to $420 per acre-foot on January 1, 1995. Monthly option contract payments will continue at $25,000 and will apply to the purchase price at Minutes Regular Council Meeting December 20, 1994 Page 13 the time a successful purchase is completed. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No." Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 7 through 18, and Council Members requested that Items 12 and 13 be withheld for discussion. City Secretary Chapa noted that there was a correction to Item 13, with the correct total amount being $794,914. City Secretary Chapa polled the Council for their votes and the following were passed: 7.a. M94-328 Motion authorizing the City Manager to execute an amendment to a contract with the Texas Department of Health in the amount of $28,143 to fund equipment items and clerical assistance for the Immunization Action Plan during the period of January 1, 1994 to December 31, 1994. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 7.b. ORDINANCE NO. 022121 Ordinance appropriating a grant in the amount of $28,143 from the Texas Department of Health for Immunization Services during the period January 1, 1994 to December 31, 1994; amending Ordinance No. 021997 which adopted the FY 1994-95 budget by adding $28,143 to the No. 162 Federal/State Grants Fund - Health Department. 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." 8. M94-329 Motion approving a supply agreement for mufflers, tailpipes, exhaust pipes and related service in accordance with Bid Invitation No. BI -0082-95 with Shaffer's Muffler Shops, Corpus Christi, Texas based on low bid for an estimated annual expenditure of $17,918. The term of the contract will 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. This service will be used Minutes Regular Council Meeting December 20, 1994 Page 14 by the Fire Department and Maintenance Services. Funds have been budgeted by the using departments in FY 94-95. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 9. M94-330 Motion awarding a contract in the amount of $308,905 to Bay, Inc. for drainage channel improvements in support of the reconstruction of Old Brownsville Road by Texas Department of Transportation (TXDOT). The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 10. M94-331 Motion authorizing an escrow agreement in the amount of $838,011.62 with the Texas Department of Transportation to cover costs associated with relocating, adjusting and/or constructing water and wastewater facilities required in conjunction with the reconstruction of Old Brownsville Road from South Padre Island Drive (S.P.I.D.) to Morgan Avenue. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 11. M94-332 Motion authorizing the City Manager, or his designee, to execute an agreement with Goodwill Industries of South Texas to provide $160,000 from the FY 94 CDBG Program for construction and modifications to the facilities at 2961 South Port Avenue. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 14.a. ORDINANCE NO. 022122 Ordinance appropriating $37,637 from the Airport Capital Improvement Fund as the FAA's estimated share for the construction of an access road to the Aircraft Rescue and Firefighting Facility authorized under AIP Grant 3-48-0051-19-93. 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 December 20, 1994 Page 15 14.b. M94-335 Motion authorizing the City Manager or his designee to execute Change Order No. 1 in the amount of $79,276.90 to the contract with Bay, Inc. for repairing the asphalt pavement depression on the Commercial Apron and construct an access drive between Taxiway "E" and the Commercial Apron. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." 15. M94-336 Motion authorizing the City Manager to execute, on behalf of the City of Corpus Christi, an agreement with the Corpus Christi Downtown Management District for assistance in downtown development and redevelopment activities. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No." 16. M94-337 Motion approving appointment of the following persons as members of the board of directors of the Corpus Christi Downtown Management District: James D. Caldwell and Dennis I. Hulsing for terms ending June 1996; and Richard R. King, III, for a term ending June 1998. The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola voting "No." 17. ORDINANCE NO. 022123 Ordinance authorizing the City Manager to execute a Use Privilege Agreement with the Corpus Christi Independent School District for the right to construct, install and maintain a 5 -foot wide by 14 -foot long Handicap Ramp along the front of the Administration Office Building at 801 Leopard Street, approximately 5 -feet onto an existing 11.5 -foot wide concrete sidewalk within City right-of-way; and establishing a fee of $100.00. 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. ORDINANCE NO. 022124 Ordinance closing and abandoning a 20 -foot wide by 300 -foot long portion of an Minutes Regular Council Meeting December 20, 1994 Page 16 alley right-of-way, from Rehfeld Road to Crystal Lane, between Lots 1 through 5, Block 1, and Lots 1 and 20, Block 2, Riverside Park Addition, and retaining both a 10 -foot wide by 300 -foot long utility easement along the north half of the alley right-of-way and a 10 -foot wide by 10 -foot long utility easement at the middle and southern half of the alley right-of-way; subject to compliance with the specified conditions; and replatting of the property within 180 days. 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 12, Allison Treatment Plant discharge permit. Responding to Council Member McNichols, Group Manager Crull said the Texas Natural Resource Conservation Commission (TNRCC) had reviewed the data that staff had collected along the Nueces River during the past year, and concluded that the data was insufficient to make a determination on what would be the appropriate designation on this segment. He said staff was recommending funding the proposed study in order to satisfy TNRCC's requirements, so that the next permit would have less stringent discharge requirements. Dr. McNichols said he supported the study, but expressed concern about the seemingly ever-changing requirements imposed on the city by different agencies. Council Member Moss agreed with Dr. McNichols, saying it appeared the requirements in question resulted in an unfunded mandate by the state. 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 333 Motion awarding a contract for engineering services to Alan Plummer and Associates, Inc. for Determination of Aquatic Life Use Classification, Nueces River Tidal Segment 2101 of the Nueces River Basin in the amount of $27,675 ($14,515 for Phase I and up to $13,160 for Phase II). The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, and Moss voting "Aye"; Noyola absent. Minutes Regular Council Meeting December 20, 1994 Page 17 Mayor Rhodes opened discussion on Item 13, Stevens Water Treatment Plant contract amendment. Mayor Rhodes made a motion to amend Item 13, with the correct total amount being $794,914; seconded by Council Member Best; and passed unanimously. Responding to Council Member Martin, Group Manager Crull said basically the only decision left to be made is whether or not the city will hire Camp Dresser & McKee, Inc. or another company to do the inspection work, or if city staff will conduct the inspections. Mr. Crull added that Camp Dresser & McKee was a subconsultant that staff specified in the original contract to provide the technical expertise with regard to the filter modifications. Since they have performed the bulk of the technical work and they are most familiar with the project, it would be easiest for them to complete the project. Mr. Martin said he would not support hiring Camp Dresser & McKee to perform the inspection work because he felt that work could be performed by a local company. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 13. M94-334 Motion approving Amendment No. 4 to the contract for engineering services at the O.N. Stevens Water Treatment Plant with Camp Dresser& McKee, Inc. to proceed with construction phase to upgrade filters 1-12 and increasing the fee by $116,490 to a new total of $794,914. The foregoing motion passed, as amended, by the following vote: Rhodes, Best, Cooper, Galindo, Longoria, Martin, McNichols, Moss, and Noyola voting "Aye." Mayor Rhodes called for a 10 -minute recess and, upon returning, announced the closed session, pursuant to Texas Government Code, Section 551.074, regarding evaluation of City Manager, with possible action thereon in open session regarding City Manager's compensation. The Council went into closed session. The Council returned from closed session. Mayor Rhodes made the following motion, seconded by Council Member Noyola: to give the City Manager the same salary increase given all other City employees and a like amount to be provided for his ICMA Retirement Corporation deferred compensation plan. The Mayor called for a voice vote on the motion and it passed unanimously. Minutes Regular Council Meeting December 20, 1994 Page 18 The Mayor expressed the Council's support of City Manager Garza. Mayor Rhodes called for the City Manager's report. Mr. Garza asked Group Manager Utter to update the Council on the Dune Protection and Beach Access Plan. Mr. Utter said staff had met with Nueces County Commissioner -Elect Joe McComb and had scheduled three public information meetings (all in 1995): January 5 at 10 a.m. at City Hall; January 5 at 3 p.m. at Nueces County Commissioners Court; and January 7 at 10 a.m. at Holiday Inn Padre Island. Representatives of the state, Nueces County and the city will make presentations and answer the public's questions. Mr. Garza announced that under the federal Crime Prevention Program, the city would be acquiring ten more police officer positions. A brief discussion followed. In answer to questions previously raised by Council Members, Mr. Garza said that some of the traffic signals downtown had inadvertently been left blinking after the Harbor Lights Parade, but they were returned to their regular operating mode, while the light at Cooper's Alley and Agnes will soon get a new controller. He said a gate is scheduled to be installed at the Hans Suter Wildlife Refuge to control vandalism, and staff will rigorously enforce the prohibition against allowing grass clippings into the storm drainage system. Mr. Garza added that Council would receive detailed information about the status of the outlet mall in the northwest area of the city and about the Frost Brothers building downtown. Regarding that project, Mayor Rhodes said she will forward to the Council a copy of a letter from Mr. Jorge Albuerne regarding a reception he plans to hold for Corpus Christi city officials and business people in Monterrey, Mexico. In the letter Mr. Albuerne also discussed his continuing interest in the Frost building. Mr. Utter gave a presentation on plans for the new landfill, beginning with a history of the process. He said at this point the city is negotiating with the owner of the site that had been selected. Using charts and maps, Mr. Utter described how the site had been determined, using such criteria as aviation exclusions and flood zones. He also explained how and when the approximately 2,200 acres of the new landfill would be utilized. Mr. Utter said the next step would be to take the final Fatal Flaw Analysis to the Landfill Site Selection Committee in January 1995, continue discussions with the property owner of the site, meet with the neighbors in the area, and bring the issue back to the Council. Council Member Martin requested a map of the landfill site and copies of the Council meeting minutes regarding the site selection. Responding to Council Member Galindo, Mr. Utter said there are approximately 69 more months left to solve the city's landfill problem. Minutes Regular Council Meeting December 20, 1994 Page 19 During her report, Mayor Rhodes complimented Police Chief Garrett for his and the departments handling of the hostage situation that had occurred earlier on the southside of the city. She also thanked H -E -B for providing the funding and supplies for the Holiday Dinner on December 24 at 11 a.m. at the Bayfront Plaza. Mayor Rhodes called for Council concerns and reports. Council Member Martin asked staff to look into a city ordinance regarding animals being impounded for biting other animals. Council Member McNichols asked about a recent bid regarding sodium chlorite, and Mr. Garza replied that the low bid did not meet specifications. Council Member Moss noted that the Street Department had completed the paving of Airline Road from Alameda to Ocean Drive. He asked if a lower volume of water could be pumped out of the Water Garden. Council Member Galindo pointed out that H -E -B had been instrumental in helping the Westside Business Association deliver over 1,200 Christmas gifts to children on the westside. He added that he will continue to push for the opening of a RV park in the northwest area. He also stressed the importance of continuing the revitalization of the downtown area. Council Member Best wished the Council and the citizens of Corpus Christi a Merry Christmas and Happy New Year. Council Member Longoria echoed Mr. Galindo's comments regarding downtown. Mayor Rhodes pointed out that two groups currently working for the betterment of downtown were the Downtown Management District and the Heart of Corpus Christi. Mr. Galindo said there are improvements that the building owners themselves could make. Council Member Cooper encouraged citizens to fly jets during the holiday season and beyond. Responding to Mr. Martin, Mr. Garza said that city employees would be off on December 26, 1994 and January 2, 1995. Garbage collection would be pushed back one day during the Christmas holiday and New Year's holiday. 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 5:50 p.m. on December 20, 1994.