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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. * * * * * * * * * * * * *