HomeMy WebLinkAboutMinutes City Council - 07/25/1995I 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 July 25, 1995, which were approved by the
City Council on August 8, 1995.
WITNESSETH MY HAND AND SEAL, this 8th day of August, 1995.
Armando Chapa
City Secretary
SEAL
dicr
MICROFILMEF
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 25, 1995
2 p.m.
PRESENT
Mayor Mary Rhodes
Mayor Pro Tem Betty Black
Council Members:
Dr. Jack Best
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
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, following
which the Pledge of Allegiance to the flag of the United States was led by Council Member Best.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council and
the required charter officers were present to conduct the meeting.
Mayor Rhodes called for approval of the minutes of the regular Council meeting of July 18,
1995 and there being no corrections, she proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Rhodes recognized the employees retiring from the City during the month of July
1995: Police Officer Clarence W. Hoffer, with 31 years of service; and Police Lt. Jack Knox, with
35 years of service.
City Manager Garza then introduced Mr. Jim Davis, Director of Maintenance Services, who
said a few words.
* * * * * * * * * * * * *
Mayor Rhodes referred to the Board and Committee appointments on the day's agenda and
the following appointments were made:
Minutes
Regular Council Meeting
July 25, 1995
Page 2
Planning Commission
Robert Canales (Reappointed)
Billy McDaniel
Tom Niskala
Senior Companion Program Advisory Committee
Christopher Joshua Hinojosa
* * * * * * * * * * * * *
Mayor Rhodes recessed the regular Council meeting to conduct the meeting of the Corpus
Christi Community Improvement Corporation.
The Mayor reconvened the Regular Council Meeting.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Items 2 and 3, proposed FY 95-96 Budget.
City Manager Garza noted that during the first reading of the budget ordinance on July 18,
1995, the Council approved the following actions: eliminate the proposed property tax increase for
the General Fund; increase Park and Recreation Department fees by $169,816; increase other General
Fund fees by $169,300; transfer a portion (about $100,000) of the property tax from the General
Fund to the Debt Service Fund; add eight civilians to the Police Department's telephone reporting
unit, which allows eight police officers to be assigned to field duty; and reduce the Neighborhood
Improvement -Demolition and Clean -Up item by $35,000, which amount would then come from the
Community Development Block Grant (CDBG) program. Mr. Garza said the General Fund ending
balance in the proposed budget would be $320,978.
Responding to Council Member McNichols, Mr. Garza said the Chief Appraiser of the Nueces
County Tax Appraisal District notified city officials last week that the actual tax base was
$62,747,161 above the amount used during the budget process. Mr. Garza had estimated the tax
base to be $6,401,980,797, and the actual net taxable value for the City is $6,464,727,958. He said
that results in an estimated increase in tax revenues of $384,468, which will be distributed to both the
General Fund and the Debt Service Fund.
Council Member Martin, referring to a recent editorial in the local newspaper, said that
despite criticism, the Council is not proposing to raise property taxes because the city cannot afford
to do so for several reasons and, just as importantly, there was no need to because other steps could
be taken to increase revenues. Mr. Garza added that the proposed budget was based on sound
Minutes
Regular Council Meeting
July 25, 1995
Page 3
financial management, and it is one of the strongest he has seen since becoming City Manager.
Council Member Heldenfels commented that Corpus Christi is not a wealthy city, and he
noted that the mayor of Houston is paid $133,004 a year. He said he would not support the City of
Corpus Christi's proposed budget unless the Council excluded the city's managerial staff from
receiving the proposed 3% pay increase.
Council Member Betty Jean Longoria echoed Mr. Martin's comments regarding the budget.
However, she wanted to be sure that the Demolition Clean -Up budget item would, in fact, receive
the intended $35,000 of CDBG funds. Mr. Garza reassured her that those funds would be allocated.
Mr. Heldenfels reiterated that he was opposed to the proposed 3% pay increase for
managerial employees but favored a 3% increase for non -managerial city employees.
Council Member Cooper commended city staff for their preparation of the budget.
Dr. McNichols pointed out that there was not an across-the-board increase in city fees. Mr.
Garza noted that staff would like for the fees for building inspections to support the Building
Inspections Department. He said in the event that construction in the city increases a great deal, he
intends to increase the number of inspectors to keep up with demand. Mr. Garza added that the
reverse is also true: as construction decreases, so does the number of inspectors needed. Upon
verification by Mr. Garza, Dr. McNichols emphasized that the fee increases were not arbitrary.
Mayor Rhodes thanked the Council members for their effort during this year's budget process,
which she said was never an easy task. The Mayor then called for comments from the audience.
Mr. J.E. O'Brien, 4130 Pompano, said the increased tax revenues should allow for less of an
increase in city fees. He also asked for information about the Reinvestment Zone, and Mr. Garza said
he would provide it. Mr. O'Brien asked about the utility debt service amount, and questioned the
proposed increase in garbage fees. He suggested that the streetsweeping activity be transferred from
the Drainage Utility back to the Street Department.
Responding to Mr. O'Brien's comments, Mayor Rhodes pointed out that the proposed
increase in fees cannot be subsequently lowered because the reserve balance is already too low for
a city located in a hurricane belt. She added that it was appropriate to keep the streetsweeping
activity in the drainage utility because its purpose is to improve drainage and decrease pollution.
Mr. R.J. Herschbach said he was again requesting that the Council members refer to
provisions of the State Constitution regarding public funds and individual associations, and
retroactive pay raises. He also commented on collective bargaining for fire and police employees;
pay levels for rookie fire employees versus veteran fire employees; and working conditions for school
safety patrol employees.
Minutes
Regular Council Meeting
July 25, 1995
Page 4
Responding to Mr. Martin and in reference to Mr. Herschbach's comments, City Attorney
Bray said the city's contract with the firefighters is legal and is not in violation of the State
Constitution nor the City Charter. Mr. Martin suggested that staff provide the Council with a revised
debt service fund schedule. Mayor Rhodes noted that legal issues can be very complicated, and she
emphasized the importance of relying on the city's legal staff for advice.
In reply to Mr. Heldenfels, Mr. Bray said that a city cannot request an Attorney General's
opinion except for an open records opinion. He said other state -related entities can do that, such as
counties, district attorneys and so forth. Mr. Heldenfels also asked about allocating the
streetsweeping activity to both the drainage utility and the Street Department. Mr. Garza said he
thought that activity would be most directly tied into the drainage utility because it reduces the
amount of pollutants that end up in the bays and estuaries, but ultimately it would be the Council's
decision on how to allocate funds for streetsweeping.
Mr. Heldenfels made a motion that the 3% pay increase be approved for all city employees
except managerial employees. The motion died for lack of a second.
City Secretary Chapa polled the Council for their votes as follows:
3. ORDINANCE NO. 022279
Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning
August 1, 1995; to be filed with the County Clerk; appropriating monies as provided in said
budget; providing for severance.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels
voting "No."
rsr#s*wssssss
Mayor Rhodes opened discussion on Items 5.a. and 5.b., issuance and sale of $27,640,000
Utility System Revenue Bonds and appropriation of those funds.
Ms. Rosie Vela, Director of Finance, explained that the city received a very favorable interest
quote from Capital Guaranty. She referred to two interest rates --one using the city's true rating,
which is "A," versus the "AAA" rating if the bonds are insured. At a cost of 161/2 basis points, the
city saves 32.3 basis points. In addition, since the city is funding the bond sale through the Texas
Water Development Board rather than on the open market, the city is saving another $2.3 million.
Responding to Council Member McNichols, Mr. Carl Cnill, Group Manager for Public Works
and Utilities, said the amounts for the Greenwood Plant upgrade to a 10/15/3 permit ($8.9 million)
Minutes
Regular Council Meeting
July 25, 1995
Page 5
and the Greenwood Plant expansion to 8 MGD ($8.215 million) were the same as previously
presented to the Council.
Council Member Martin reemphasized the amount of savings the city is realizing through this
bond sale, noting that the city is selling bonds at an effective interest rate of 4%%. Mr. Martin then
asked if Mr. Garza felt the projects to be funded by the bond sale could be completed in a timely
fashion, and Mr. Garza replied that staff is convinced they can be.
Mr. Martin also asked about the proposal to reimburse the cost of utilities for the northwest
golf course/outlet mall from General Fund revenues. Mr. Garza replied that the intent was to identify
the new sales tax that would be generated by the outlet mall, and dedicate half of that to help pay off
the debt.
Mayor Rhodes called for comments from the audience.
Mr. J.E. O'Brien said he thought the city received a good interest rate on the bond sale,
adding that a lot of the projects are needed. He referred to a quote which said that public debt is a
danger that should be feared.
City Secretary Chapa polled the Council for their votes as follows:
5.a. ORDINANCE NO. 022280
Ordinance authorizing the issuance and sale of $27,640,000 City of Corpus Christi, Texas
Utility System Revenue Bonds, Series 1995A.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
5.b. ORDINANCE NO. 022281
Ordinance appropriating $27,100,000 from the Wastewater Bond Fund and $540,000 from
the Combined Utilities Funds to support the Wastewater improvements adopted in the FY 94-
95 Capital budget.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting
"Aye"; Martin voting "No."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
July 25, 1995
Page 6
Mayor Rhodes opened discussion on Item 6, application by Lavaca-Navidad River Authority
(LNRA) for trans -basin diversion permit.
Responding to Council Member Heldenfels, City Attorney Bray stated that the application
entailed changing the location of use for the city's portion of Lake Texana water from the existing
service area to the city's service area, which includes Nueces and 11 other surrounding counties. He
said it will be some point in or near Corpus Christi.
Council Member Martin asked Mr. Bray if it was LNRA's responsibility to apply for the
permit and the city's responsibility to assist, and Mr. Bray said it was. Mr. Martin said the city's
expenses should be kept to a minimum, and Mr. Bray replied that he has spoken with Mr. Tim Brown
about avoiding duplication. Mr. Martin also asked for a periodic report on this application.
Mayor Rhodes called for comments from the audience.
Mr. J.E. O'Brien said he opposed the motion and would continue opposing monies being
spent until such time that citizens in this community can vote on this issue. He referred to the minutes
of a previous Council meeting regarding holding a referendum on the water issue, and urged the
Council to do so.
Mr. R.F. Hasker, 1813 Wallace, questioned the proposal, and Mr. Martin pointed out that the
motion deals with the Choke Canyon/Lake Corpus Christi Reservoir System service area, which as
Mr. Bray said is Nueces and 11 surrounding counties --not Choke Canyon itself.
City Secretary Chapa polled the Council for their votes as follows:
6. M95-199
Motion authorizing the City Manager to retain Tim Brown of the law firm Brown & Potts,
LLP, to represent the City of Corpus Christi in all legal proceedings related to the application
to the Texas Natural Resource Conservation Commission for an amendment to Certificate of
Adjudication No. 16-2095 to change the location of use for the City's portion of Lake Texana
water from the existing service area to the service area of the Choke Canyon/Lake Corpus
Christi Reservoir System at an hourly rate of $140.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 7, Art Community Center roof repair.
Minutes
Regular Council Meeting
July 25, 1995
Page 7
Upon verification by City Manager Garza, Council Member Martin said when the old City
Hall Annex was vacated and leased to the Art Community Center of Corpus Christi Inc., it was with
the understanding that the city would not later be involved in repairs. Mr. Garza added that the
Center is currently involved in a fund drive and they will make an attempt to pay back the city for the
roof repairs, but whatever amount they may not be able to repay would be deducted from their annual
$15,000 allotment from the city beginning July 31, 1996.
Council Member McNichols said since the city owns the building and leases it to the art
center, the city should have put the project out for bids. Group Manager Crull said the Engineering
Department staff and the city architect have been involved in evaluating the needs for the roof repairs
and scope of work. He added that staff has reviewed the bids and will be involved during the course
of the project to ensure that the proper repairs and restoration are made.
Responding to Council Member Heldenfels, Mr. Garza said the Art Community Center is
responsible for repairs of the building, but they do not have sufficient funds to do so. He said since
the city owns the building he did not want to see it permanently damaged.
Council Member Black said she would be in favor of charging the center an interest rate for
the monies (up to $65,000) that would be advanced by the city for the roof repairs. Mayor Rhodes
stated that the roof is in great disrepair, and advancing the money to repair it will save the city money
in the long run.
Council Member Betty Jean Longoria said she would prefer that the center remain in that
location, adding that she was concerned about who would oversee the repair project. Mr. Crull
reiterated that the city would be involved throughout the project.
Council Member John Longoria said the city should be firm with all non-profit agencies which
utilize taxpayer monies through the city to ensure that they do not abandon their debts.
Mr. Heldenfels said since the city owns the building, the roof repair contract should be
between the city and the contractor, not between the Art Community Center and the contractor.
Council Member Best said he originally was in favor of demolishing the building, noting that
extensive renovation was accomplished with funds that the center raised. Mr. Garza said since the
center was so successful in raising the funds for the initial renovation, they should be responsible for
the roof repair contract so they can tie that project into their fundraising activities.
Mr. Heldenfels asked if the Art Community Center was paying rent on the building, and Mr.
Garza said it was not.
Dr. McNichols said he did not object to the city advancing the center monies for repairs, but
he was concerned about the art center (as the tenant) being involved in the contract, rather than the
Minutes
Regular Council Meeting
July 25, 1995
Page 8
owner of the building. City Attorney Bray said a clause could be put into the agreement which would
give an assignment from the center to the city of their rights against the contractor. He said the
reason for structuring it this way is that basically it is the center's responsibility under the underlying
lease to maintain the structure, and the city has limited responsibilities with respect to painting and
maintenance of the grounds, etc. He added that it is the responsibility of the Art Community Center,
as the lessee, to maintain the premises and it is appropriate for them to make contracts in order to do
so, because if they do not, they are in breach of the lease and could lose it. A brief discussion ensued.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
M95-200
Motion authorizing an agreement between the City of Corpus Christi and the Art Community
Center of Corpus Christi, Inc. for the City to advance up to $65,000 for repairing the roof of
the city -owned facility on Shoreline Drive which is leased to the Center.
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, B. Longoria, J.
Longoria, Martin, and McNichols voting "Aye"; Black voting "No"; Heldenfels absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 8, agreement with the Padre Island Yacht Club.
Mr. Malcolm Matthews, Director of Park and Recreation, said staff was approached by
members of the Padre Island Yacht Club, a small sailing organization on Padre Island, requesting the
use of city property on Whitecap Boulevard for construction of boat slips, a club house and other
related improvements. He said the property is adjacent to the Whitecap Wastewater Treatment Plant
property, and staff discussed the group's proposal in terms of future plans of the plant. He outlined
some of the conditions involved in this venture if it is approved.
Responding to Council Member Martin, Mr. Matthews said the subject property was zoned
"A-2" Apartment House District, which allows for private clubs. He briefly described the project's
schedule.
Council Member McNichols said he thought the proposal was an excellent use of the property
and encouraged the Council to support it.
In reply to Council Member John Longoria, Mr. Matthews said the boat slips would be leased
to the club and a person would have to be a member of their club in order to use a slip. Responding
to another question from Mr. Longoria, Mr. Matthews quoted from the non-discrimination clause in
Minutes
Regular Council Meeting
July 25, 1995
Page 9
the proposed contract, noting that violation of this provision by the club or any member or guest
would be cause for immediate termination of the contract by the city. Mr. Longoria suggested that
an addition to the clause include information on how a person would report any such discrimination
to the city, should it occur.
Council Member Heldenfels asked if the club was represented by a lawyer in the drafting of
the contract, and Mr. Matthews said he did not think it was.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
8. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a 10 -year lease with a 10 -year
renewal option of 2.55 acres of upland and submerged land on Whitecap Boulevard adjacent
to the Whitecap Wastewater Treatment Plant property, with the Padre Island Yacht Club for
their construction and operation of boat slips, club house, and related improvements, at a
rental rate of 10% of gross revenue.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 9, use of reformulated gasoline and diesel fuel.
City Manager Garza said this proposal was being made due to the near-nonattainment status
the city has with respect to its air quality. He said the reformulated gasoline (RFG) would have the
positive impact of reducing harmful air emissions by about 15% for vehicles that use it. He noted that
RFG is somewhat more expensive than regular gasoline, but the benefits to the community would be
worth the additional expense.
Responding to Mayor Rhodes, Mr. Garza said the proposal would just be for city vehicles and
would not be available for private use, unless private industry decided to begin making it available.
Council Member Best raised a similar question, and Mr. Garza said that the city cannot require oil
companies to only sell reformulated gasoline or to at least offer it if the city still has attainment status;
however, if the city lost its attainment status, then the use of RFG would be required.
Council Member Heldenfels asked about the kinds of pollutants contained in diesel fuel.
In reply to Council Member John Longoria, Mr. Garza said staff is looking at ways to
Minutes
Regular Council Meeting
July 25, 1995
Page 10
efficiently refuel police cars with RFG.
Council Member Black asked if the Regional Transportation Authority buses would be
required to use RFG, and Mr. Garza said he thought all of the buses used diesel fuel. Mr. Garza
added that research indicates there is approximately a 1% to 3% decrease in gas mileage using
reformulated gasoline, which is almost not noticeable to the average driver. Mrs. Black also asked
about the cost of nonattainment status, and Mayor Rhodes replied that the control measures that
would subsequently be put into place would cost millions of dollars. Mrs. Black emphasized the
importance of maintaining the city's current attainment status.
Council Member Martin suggested that the city contact other entities in Nueces and San
Patricio counties (school districts, colleges, county governments) about possible joint agreements on
the purchase and use of reformulated gasoline. Mr. Garza said he would provide a report.
Council Member McNichols questioned the standards for nonattainment established by the
Environmental Protection Agency. He pointed out that Corpus Christi has had occasional
exceedences of ozone levels due to meteorological conditions and not because of ongoing heavy
ozone emissions. He asked for information regarding those standards.
Council Member Betty Jean Longoria said she supported the use of RFG, and echoed Mr.
Martin's comments about expanding the use of RFG by other entities. Responding to Council
Member John Longoria, Mr. Garza described the process by which the Texas Natural Resource
Conservation Commission notifies entities in this area of an ozone advisory day.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
M95-201
Motion approving supply agreements for approximately 775,000 gallons of reformulated
gasoline and 740,000 gallons of diesel fuel in accordance with Bid Invitation No. BI -0253-95
with the following companies for the following amounts based on low bid and best bid for an
estimated annual total of $1,252,624. The term 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
supplier and the City Manager or his designee. Funds are budgeted in FY 94-95 and
requested for FY 95-96 by the using departments.
Sun Coast Resources
Corpus Christi. Texas
(Reformulated Gasoline - best bid)
$699,137
Southguard
Corpus Christi. Texas
(Diesel - low bid)
$553,487.00
GRAND
TOTAL:
$1,252,624
Minutes
Regular Council Meeting
July 25, 1995
Page 11
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
# i i i*# t i F i# k#
Mayor Rhodes opened the public hearing on Item 10, closing and abandoning of Brett Street.
No one opposed the street closure. Council Member Best made a motion to dose the public
hearing, seconded by Council Member Heldenfels, and passed unanimously.
Responding to Council Member Martin, Mr. R.H. Shackelford, Director of Engineering
Services, said the dedication of the street portion to provide for a cul-de-sac is being required by the
city, as are some of the easements. Mr. Martin questioned the calculation of some land values.
City Secretary Chapa polled the Council for their votes as follows:
10. ORDINANCE NO. 022282
Ordinance closing and abandoning a 10,656 square foot portion of a 60 foot wide right-of-
way on Brett Street, from Jean Street to the dead end portion terminating within the west
property line of Tract 1A, Oakhurst Plaza Subdivision; subject to the compliance with the
specified conditions and replatting the property within 180 days.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye";
J. Longoria absent.
s#ssâ– *friss**
Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 11 through 52, and Council Members requested that
Items 11, 13, 14, 16, 17 and 25 be withheld for discussion.
City Secretary Chapa said that a disclosure affidavit has been filed in the City Secretary's
Office by Council Member John Longoria, stating that he will abstain from discussing or voting on
Item 18. Mr. Chapa then polled the Council for their votes and the following were passed:
12. M95-203
Motion approving supply agreements for approximately 43,740 feet of PVC pipe (sch. 40 and
80) ranging in size from 1/2"-8"; 20,190 PVC fittings; and 169 gallons of PVC solvent,
cement, and primer in accordance with Bid Invitation No. BI -0211-95, with the following
Minutes
Regular Council Meeting
July 25, 1995
Page 12
companies for the following amounts based on low bid and best bid, for an estimated annual
expenditure of $53,600.49. The term 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 supplier
and the City Manager or his designee. Funds are budgeted in FY 94-95 and requested for FY
95-96 by the Water and Wastewater Departments.
Fergusson Enterprises
Corpus Christi. Texas
(PVC Pipe - Low Bid)
$27,069.00
San Antonio Plumbing
Corpus Christi. Texas
(PVC Fittings, Solvent, Cement,
Primer - Low Bid, Best Bid)
$26,531.49
GRAND TOTAL: $53,600.49
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
15. M95-206
Motion approving the purchase of 1,000 gallons of Malathion from Cheminova, Wayne, NJ
for total of $20,900 based on sole source. This chemical will be used by Health Department's
Vector Control for control of mosquitos. Funds have been budgeted in FY 94-95.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
18. M95-208
Motion authorizing the City Manager or his designee to execute an agreement with the Boys
& Girls Club of Corpus Christi to provide $50,000 from the FY94 Community Development
Block Grant Program for improvements to the facility at 3902 Greenwood.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, Martin, and McNichols voting "Aye"; J. Longoria abstaining.
19. M95-209
Motion awarding a contract in the amount of $25,920 to Professional Service Industries, Inc.
for installation of the J.C. Elliott Landfill groundwater monitoring wells - Phase II.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
July 25, 1995
Page 13
20. M95-210
Motion awarding a contract in the amount of $47,360 to Allwaste Environmental Services
of Texas for the filter/flume maintenance cleaning at the O.N. Stevens Water Treatment Plant.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
21. M95-211
Motion awarding a contract in the amount of $94,711.10 to Garrett Construction Company
to construct a temporary low water crossing of Oso Creek, haul road, drainage, and required
mitigation.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
22. M95-212
Motion awarding a contract for consulting services in the amount of $46,000 to Shiner,
Moseley and Associates, Inc. for engineering services for 1995 Corpus Christi Marina
maintenance dredging and permit application.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
23. M95-213
Motion approving the 1995 Weed & Seed Program application and authorizing the City
Manager or his designee to submit the same to the U.S. Department of Justice.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
24. M95-214
Motion authorizing the City Manager of his designee to execute a contract with Barron Risk
Management Services, Inc. for Workers' Compensation Medical Cost Containment Services
for four (4) years. This contract is for an estimated yearly amount of $53,580.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
July 25, 1995
Page 14
26.a. M95-216
Motion authorizing the City Manager to execute all documents necessary to accept and
implement the FY95 Consolidated Plan for Community Planning and Development Programs
that includes the Community Development Block Grant, Emergency Shelter Grants and
Home Investment Partnerships program.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
26.b. ORDINANCE NO. 022283
Ordinance appropriating $7,794,286 for FY95 Consolidated Plan for Community Planning
and Development Program projects/activities that includes: 1) $6,005,286 for FY95
Community Development Block Grant projects; 2) $200,000 for FY95 Emergency Shelter
Grants activities; and, 3) $1,589,000 for FY95 Home Investment Partnerships program for
projects/activities approved by the City Council on May 16, 1995.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
27.a. M95-217
Motion authorizing the City Manager or his designee to accept a Federal Aviation
Administration multi-year grant offer in the amount of $2,617,989 (Grant No. 3-48-0051-22-
95) for Terminal Building Reconstruction, Master Plan Update and associated projects and
Airfield Lighting Resistance Monitoring System.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
27.b. ORDINANCE NO. 022284
Ordinance authorizing the transfer of $130,725 from the Aviation Department operating fund
to the No. 245 Capital Improvement Fund to provide funding for a portion of the City's 10%
share of the projects included in Grant No. 3-48-0051-22-95 which are not eligible for
Passenger Facility Charge funding.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
Minutes
Regular Council Meeting
July 25, 1995
Page 15
28. ORDINANCE NO. 022285
Ordinance amending Ordinance No. 021997 which adopted the FY 94-95 Budget by
amending the Aviation Fund Budget to re-establish the Capital Reserve and decrease the
Aviation Operating Fund appropriation by $226,875.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
29.a. FIRST READING ORDINANCE
Closing and abandoning a 6,660 square foot portion of a 10 foot wide utility easement within
Lots 7-C, and 11-C, Block 10, Gardendale Unit 1; subject to the compliance with the
specified conditions and replatting the property within 180 days.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
29.b. M95-218
Motion authorizing the acquisition of Parcels 2-23, 2-25, 10, and 11 located on the north side
of Holly Road between Burton Lane and South Staples Street from Gardendale Baptist
Church, for $12,238 in connection with the Holly Road Improvements, Phase 2 projects.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
30. FIRST READING ORDINANCE
Closing and abandoning a 78 square foot portion of a 10 foot wide utility easement within Lot
20, Block 1, Willowick Place; subject to the compliance with the specified conditions and
replatting the property within 180 days.
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
31. FIRST READING ORDINANCE
Closing and abandoning a 975 square foot portion of a 10 foot wide utility easement within
Lots 5 and 6, Block 1, Reflections Unit 4B; subject to the compliance with the specified
conditions and replatting the property within 180 days.
Minutes
Regular Council Meeting
July 25, 1995
Page 16
The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black,
Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
32. ORDINANCE NO. 022286
Authorizing the City Manager or his designee to execute an Agricultural Water Use Covenant
with Wayne Lundquist on 35.29 acres of land out of Section 21, Flour Bluff and Encinal Farm
and Garden Tracts, Lots 9 and 10.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
33. ORDINANCE NO. 022287
Authorizing the City Manager or his designee to execute a five-year lease with Pan American
Golf Corporation, d.b.a. as "Helen's Snack Bar," for concession operations in 1,900 square
feet at the Gabe Lozano Sr. Golf Center Clubhouse, at a payment of twelve percent (12%)
of gross sales per month.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
34. ORDINANCE NO. 022288
Amending Ordinance 3658 as amended, Subsections 251 through 257, revising Classification
Schedules. Amending Ordinance 8127, Section 501, to provide for an approximate 3%
general increase and range adjustment for salary schedules A and B and Grade 8, effective
August 7, 1995. Amending Ordinance 8127, Section 510, to provide for, consistent with the
pay adjustments required by the Fire Collective Bargaining Agreement for non -managerial
personnel, approximate adjustments to Fire managerial salary ranges of 2.5% effective July
24, 1995, and 2.5% effective February 5, 1996, and to provide an approximate 3% general
increase and range adjustment to non -Police and Fire managerial classifications, and excluding
Municipal Court Judges from the general increase, effective August 7, 1995. Amending
Ordinance 8127, Section 700, Subsection 707.1, to be in compliance with life insurance
coverage limits set by State law. Amending Ordinance 8127, Section 954, for compliance
with the Uniformed Services Employment and Re-employment Rights Act of 1994. Amend
Ordinance 8127, Section 1000, to clarify language. Providing for severance.
The foregoing ordinance passed on second reading by the following vote: Rhodes, Best,
Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
Minutes
Regular Council Meeting
July 25, 1995
Page 17
35. ORDINANCE NO. 022289
Ordinance amending the Code Of Ordinances, Chapter 57, Vehicles For Hire, Section 57-167
Subsections (A), to increase the street use fee for limousine and sightseeing service to $200
each six months; providing for an effective date.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
36. ORDINANCE NO. 022290
Ordinance amending the Code Of Ordinances, Chapter 57, Vehicles For Hire, Section 57-37
Taxicab Street Use Fee, Subsections (A), to increase the street use fee to $100 per quarter;
providing for an effective date.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
37. ORDINANCE NO. 022291
Ordinance amending Chapter 13, Buildings; Construction and Related Operations; Housing
and Housing Premises Standards, Section 13-2, Building Code, Appendix B, Permit Fee
Schedule, of the City Code Of Ordinances by increasing permit fees; repealing all provisions
of Section 13-2, Appendix B, Permit Fee Schedule; providing for severance; providing an
effective date of August 1, 1995.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
38. ORDINANCE NO. 022292
Ordinance amending Chapter 13, Buildings; Construction and Related Operations; Housing
and Housing Premises Standards, Section 13-3, Electrical Code, Appendix C, Permit Fee
Schedule, of the City Code Of Ordinances by increasing permit fees; repealing all provisions
of Section 13-3, Appendix C, Permit Fee Schedule; providing for severance; providing an
effective date of August 1, 1995.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
Minutes
Regular Council Meeting
July 25, 1995
Page 18
39. ORDINANCE NO.022293
Ordinance amending Chapter 13, Buildings; Construction and Related Operations; Housing
and Housing Premises Standards, Section 13-4, Gas Code, Appendix B, Permit Fee Schedule,
of the City Code Of Ordinances by increasing permit fees; repealing all provisions of Section
13-4, Appendix B, Permit Fee Schedule; providing for severance; providing an effective date
of August 1, 1995.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
40. ORDINANCE NO. 022294
Ordinance amending Chapter 13, Buildings; Construction and Related Operations; Housing
and Housing Premises Standards, Section 13-5, Mechanical Code, Appendix 13, Permit Fee
Schedule, of the City Code Of Ordinances by increasing permit fees; repealing all provisions
of Section 13-5, Appendix B, Permit Fee Schedule; providing for severance; providing an
effective date of August 1, 1995.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
41. ORDINANCE NO. 022295
Ordinance amending Chapter 13, Buildings; Construction and Related Operations; Housing
and Housing Premises Standards, Section 13-6, Plumbing Code, Appendix H, Permit Fee
Schedule, of the City Code Of Ordinances by increasing permit fees; repealing all provisions
of Section 13-6, Appendix H, Permit Fee Schedule; providing for severance; providing an
effective date of August 1, 1995.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, 13. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
42. ORDINANCE NO. 022296
Ordinance amending the Corpus Christi Code Of Ordinances, Chapter 57, Vehicles For Hire,
Article V, Auto Wreckers, Sections 57-226, Permit Issuance, 57-228, Permit Term, and 57-
231, Adding Vehicles; Fees. by increasing the associated fees; providing for an effective date.
Minutes
Regular Council Meeting
July 25, 1995
Page 19
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
43. ORDINANCE NO. 022297
Ordinance amending Section 6-10 of the Code Of Ordinances to increase the annual license
fee for each dog or cat not spayed or neutered from $6.00 to $8.00, effective September 1,
1995; providing for severability.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
44. ORDINANCE NO. 022298
Ordinance amending Sections 19-33, 19-49, and 19-54 of the Code Of Ordinances to increase
fees for health permits for food service and food processing establishments, food handler's
permits, and food manager's permits, effective September 1, 1995; providing for severability.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
45. ORDINANCE NO. 022299
Ordinance amending the Code Of Ordinances, Chapter 35, Oil And Gas Wells, Section 35-
117. by increasing the land well permit fee; providing for an effective date.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
46. ORDINANCE NO. 022300
Ordinance amending the Code Of Ordinances, Chapter 49, Streets And Sidewalks, Section
49-40 Manual Of Driveway Design And Construction Standards, Subsections (V), Paragraph
(D) to increase the driveway permit application fee to $40; providing for an effective date.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
Minutes
Regular Council Meeting
July 25, 1995
Page 20
47. ORDINANCE NO. 022301
Ordinance amending the Code Of Ordinances, Chapter 53, Traffic, Section 53-195,
Subsections (2), (3), and (6) to increase the permit fee/service charge for use of parking lanes,
loading zones, traffic lanes, sidewalks and alley space; providing for an effective date.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
48. ORDINANCE NO. 022302
Ordinance amending the Corpus Christi Code Of Ordinances, Chapter 3, Advertising, Article
II, Billboards, Signboards, and Bulletin Boards, Division II, Highway Beautification
Ordinance, Section 3-43, Licenses, Permits, and Fees by increasing permit fees and annual
fees; providing for severance; providing for an effective date of August 1, 1995.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
49. ORDINANCE NO. 022303
Ordinance amending the Corpus Christi Code Of Ordinances, Chapter 3 1/2, Alarm Systems,
Section 3 1/2-12, Permit Application; Issuance. by increasing the permit fee; providing for an
effective date.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
50. ORDINANCE NO. 022304
Ordinance amending Chapter 18, Fire Prevention Code, Article 1, General, Chapter 4, Permits
and Certificates, Section 403, Permit Fees, of the City of Corpus Christi Code Of
Ordinances, by increasing fees in the Corpus Christi Fire Department Fire Prevention Permit
Fee Schedule; repealing all previous provisions of Section 403, Permit Fees and adding a new
Section 403, Permit Fees; providing a savings clause; providing for an effective date of
August 1, 1995.
An emergency was declared and the foregoing ordinance passed by the following vote:
Minutes
Regular Council Meeting
July 25, 1995
Page 21
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
51.a. ORDINANCE NO. 022305
Ordinance amending the Code Of Ordinances, Chapter 36, Park And Recreation, Sections 36-
3 And 36-7 to provide for City Council by motion or resolution approving new rates and rate
increases in excess of 25% annually; deleting Section 36-8.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
51.b. RESOLUTION NO. 022306
Resolution authorizing parks, recreation, cultural and leisure time activities rental fee and
recreational fee increases and adding new rental fees and recreational fees; providing for
publication; providing for severance.
The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper,
Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
52. ORDINANCE NO. 022307
Ordinance amending the Code Of Ordinances, Section 21-18 and Section 21-19 to implement
new residential, business, and commercial collection and landfill disposal fee schedules;
providing for publication and effective date of August 1, 1995, and severance.
An emergency was declared and the foregoing ordinance passed by the following vote:
Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols
voting "Aye."
t t t t t t t t t t t t t
Mayor Rhodes opened discussion on Item 11, purchase of anhydrous ammonia.
Responding to Council Member McNichols, Mr. F.D. Glenn, Purchasing Agent, said more
protection has been added to the "hold harmless" clause because of the problems which may occur
with the use of the ammonia. He said the low bidder (La Roche Industries Inc.) took exception to
that change in the "hold harmless" clause, which resulted in a 17% increase in their bid from their
previous contract. He added that more training is now required of the contractor.
Minutes
Regular Council Meeting
July 25, 1995
Page 22
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
11. M95-202
Motion approving a supply agreement for approximately 250 tons of Anhydrous Ammonia
in accordance with Bid Invitation No. BI -0260-95 with Terra International, Inc. Taft, Texas
based on low bid meeting specifications for an estimated annual expenditure of $77,250. The
term of the supply agreement will be twelve months with option to extend for up to an
additional twelve months subject to the approval of the supplier and the City Manager or his
designee. This chemical will be used by the Water Department for treatment of our water
supply. Funds have been budgeted in FY 94-95 and requested for FY 95-96.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, B.
Longoria, Martin, and McNichols voting "Aye"; Cooper and J. Longoria absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 13, purchase of computer equipment.
Council Member McNichols questioned the need for this computer equipment to be used by
the Aviation Department. Mr. George Hext, Director of Aviation, replied that the airport's
preventive maintenance and billing systems operate through the department's computers, which are
outdated. He added that the eventual use of a computer server will enhance the airport's
communication with other city departments. In addition, Municipal Information Systems (MIS) staff
has surveyed the airport's computer needs and recommended replacing the computers.
Council Member Martin questioned a statement in the agenda memorandum which said that
bid invitations were issued only to local bidders. Mr. Glenn said that the city mails only to local
bidders; however, state law requires that the city advertise in the newspaper for items exceeding
$15,000. Mr. Glenn said he should have indicated that bid invitations were mailed only to local
bidders (rather than "issued").
Responding to Council Member Heldenfels, Mr. Mike Biddle, Technical Services Manager,
said there are several local area networks in the city, which allows about 250 personal computers to
communicate with each other as well as the mainframe computer. In answer to another question from
Mr. Heldenfels, Mr. Garza said staff hopes to eventually incorporate a new utility billing system. Mr.
Biddle briefly described the current mainframe computer.
Replying to Council Member Black, Mr. Biddle said Microtek Sales Inc. is locally owned by
Mr. Joe Gonzales.
Minutes
Regular Council Meeting
July 25, 1995
Page 23
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
13. M95-204
Motion approving the purchase of computer equipment in accordance with Bid Invitation No.
BI -0275-95 from Microtek Sales, Inc., Corpus Christi, based on only bid in the amount of
$28,913. The equipment is for the Aviation Department and is budgeted in the 1994-95
Capital Outlay and operating budget.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 14, purchase of mowers.
In response to Council Member McNichols, Mr. Matthews said the ages of the four lawn
mowers to be replaced are 9, 10, 11 and 12 years old. He said the city is spending about $12,000
each a year on maintenance. Mr. Matthews added that staff tries to mow as much as possible with
the 18 -foot flail mowers because they are more efficient, followed by the 72 -inch mowers.
Council Member Martin asked how much money was budgeted for the purchase of the four
18 -foot flail mowers. Mr. Matthews replied that staff amended the capital outlay budget --these items
were not originally in the budget. Mr. Garza said Mr. Matthews brought the problem of inefficient
mowers to his attention, and he directed that funds be transferred from various activities to the
Capital Outlay List to cover the cost. He emphasized that the monies were not taken from surplus
funds nor the reserve appropriations.
Mr. Martin questioned whether three brand new 18 -foot flail mowers would be sufficient,
rather than four new ones. Mr. Garza pointed out that the city has greatly increased the amount of
park acreage it has to mow.
Replying to Council Member Betty Jean Longoria, Mr. Garza said the equipment that is
replaced is sold at auction or, if it is not serviceable, it is sold as scrap.
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
July 25, 1995
Page 24
14. M95-205
Motion approving the purchase of four 18' flail mowers in accordance with Bid Invitation No.
BI -0282-95 from Coastal Plains Equipment, Corpus Christi, for the total amount of $167,988
based on low bid. The mowers will be used by Park & Recreation and are included in the
amended 1994-95 Capital Outlay budget as replacement items.
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting "No."
#kit * * * * * * * * *
Mayor Rhodes opened discussion on Item 16, purchase of three wastewater pumps.
Council Member McNichols asked if there was a secondary market for used wastewater
pumps. Group Manager Crull replied that if the pumps are still functional, staff will attempt to
auction them off; if not, they are sold as scrap.
Mayor Rhodes called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes as follows:
16. M95-207
Motion approving the purchase of three (3) wastewater pumps in accordance with Bid
Invitation No. BI -0266-95 from the following firms based on only bid. The pumps are
budgeted in the FY 94-95 Capital Outlay as replacement equipment.
W.D. Graue, Inc.
San Antonio. Texas
Item 1
$15,594
GRAND TOTAL: $30,189
Robbins & Meyers
c/o Bullen Pump & Eqpt.
Houston. Texas
Item 2
$14,595
The foregoing motion passed by the following vote: Rhodes, Best, Cooper, Heldenfels, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black absent.
* * * * * * * * * * * * *
Mayor Rhodes opened discussion on Item 17, water distribution system master plan update.
Minutes
Regular Council Meeting
July 25, 1995
Page 25
Council Member McNichols asked if the local engineering firms agreed to the proposed
approach. Mr. Shackelford replied that staff wanted to give the local firms the opportunity to pair
up with a national firm, and then the two of them would negotiate whatever percent each thinks they
can provide to give the best product to the city. Dr. McNichols then asked if a local firm could carry
out this engineering project on its own. Mr. Shackelford pointed out that there are 71,000 water
meter connections, three different pressure zones now with the possibility of more, and larger firms
have expertise in certain areas.
Responding to Council Member Martin, Mr. Shackelford said staff is currently estimating the
project to cost $150,000, which is budgeted. Mr. Martin questioned the proposal to waive the 75%
local participation rule in soliciting requests for proposals. Mr. Shackelford stated that some local
firms may not desire to "team up" with a national firm; in that case, they would be free to submit their
own proposals. Mr. Martin said he would not support a proposal that could result in the exclusion
of local firms. A discussion ensued, and Mr. Garza said they would postpone this item until the
August 8, 1995 Council meeting.
17. POSTPONED
vt;on authoJai g a Rcquest Tor PIopoaala fionI VW!Sultauta fv. p.vfc
nese Bary tv'aiiy vu t the Wales Diad;i)4t;OI1 Syskai MasLLr Plan Updatc.
* * * * * * * * * * * * *
ci vi.&c
Mayor Rhodes opened discussion on Item 25, workers' compensation administration.
Responding to Council Member Martin, Mr. Garza said this item was a contract to administer
the city's workers' compensation program. He added that Item 24 was a contract with Barron Risk
Management Services Inc. for cost containment services. Mr. Pat Alba, Director of Risk
Management, said the proposed contract with F.A. Richard & Associates Inc. involves that company
administering the workers' compensation claims and paying the medical bills, while Barron Risk
Management Services would provide a bill auditing service. Previously, one company provided both
services but staff decided to separate the services to increase savings and efficiency.
Council Member McNichols said there are some medical specialties that are not represented
by any physician provider organizations in this service area. He added that there are few providers
that will participate in workers' compensation plans. Mr. Alba said staff is hoping the company it is
recommending in this proposal will expand the network so there will be more providers here.
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
July 25, 1995
Page 26
25. M95-215
Motion authorizing the City Manager of his designee to execute a contract with F.A. Richard
& Associates, Inc. for Workers' Compensation Third Party Administration for four (4) years.
This contract is for the following estimated amounts per year:
Year One Year Two Year Three
$199,848 $196,644 $204,504
Year Four
$212,688
The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels,
B. Longoria, J. Longoria, Martin, and McNichols voting "Aye."
* * * * * * * * * * * * *
Mayor Rhodes called for the City Manager's report. Mr. Garza said that during the August
8, 1995 Council meeting there will be a public hearing on Phase 2 of the annexation program. And
on August 1, 1995 staff will make the first payment on the water contract with the Lavaca-Navidad
River Authority in Edna. He said the presentation on the JFK Causeway elevation study that was
originally planned for August 8 is being postponed until August 22, 1995, and the draft ordinance on
graffiti requested by Council Member John Longoria is not yet ready.
Mr. Tom Utter, Group Manager for Development Services, briefly described a revised bicycle
path proposal on Ocean Drive. Currently, each side of Ocean Drive has a 7 -foot to 8 -foot parking
lane with two travel lanes. He said the revised proposal calls for increasing the parking lane to 9 or
10 feet, which would allow for a bicyclist to travel in that lane even if there are parked cars there (of
which there are very few). The lane would not necessarily be signed for bicyclists, while at the same
time the traffic lanes would still be 11 to 12 feet wide.
Mayor Rhodes called for Council concerns and reports. Council Member Best asked for
reports on the status of water connections to the downtown area and on the thermal energy system
at the Bayfront Arts and Sciences Park.
* * * * * * * * * * * * *
Mayor Rhodes called for petitions from the audience.
Mr. R.J. Herschbach said there had been a bike trail on Ocean Drive previously. He also
questioned whether a citizen who currently serves on the Fireman's Pension Board could also serve
on another city board. Mayor Rhodes said the Fireman's Pension Board does not fall under the
restriction regarding board membership. He also criticized what he said was a lack of responsiveness
on the part of the Council to citizens' concerns.
Minutes
Regular Council Meeting
July 25, 1995
Page 27
Mr. J.E. O'Brien quoted in part from the minutes of the July 18, 1995 Council meeting
regarding the discussion of the Lavaca-Navidad River Authority (LNRA) contract, as well as from
parts of the contract itself. He said the city has signed a water delivery and conveyance contract, and
he questioned City Attorney Bray's comments last week.
In response to Mr. O'Brien, Mr. Bray said the "city project" as defined in the LNRA contract
is the pipeline and the land that it will go in from the delivery point on LNRA property, where LNRA
will pass the water to the city after it goes through their pumping station and through a meter. He
said that is the delivery point, and from that point on, the system belongs to the city, not to LNRA,
and the city is completely responsible for it.
Mr. Bray went on to say that in the contract in the discussion of the city project, it provides
that if directed by the city, LNRA will use its best efforts to provide financing; that is, it is an option
the city could take. The contract also provides, however, that it is totally up to the city to decide
what financing it wants to use. The only obligations that LNRA has under the contract are to deliver
a certain amount of water to the city at the delivery point on LNRA property at Lake Texana. The
rest of it is simply the city's option on how and when it wants to build and finance a pipeline in order
to bring the water here.
Mr. Abel Alonzo, 1701 Thames, expressed concern about the city's hiring practice with
regard to the position of Director of Human Relations. He said it is biased and discriminatory
because only African-Americans have been hired for that position. He said he strongly supported
affirmative action, but this case was one of reverse discrimination and it needed to be corrected.
Council Member John Longoria said the point Mr. Alonzo was making is that only African-
Americans have held the position of Human Relations Director since it was established.
There being no further business to come before the Council, Mayor Rhodes declared the
Council meeting adjourned at 4:50 p.m. on July 25, 1995.
* * * * * * * * * * * * *