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HomeMy WebLinkAboutMinutes City Council - 10/10/1995I 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 October 10, 1995, which were approved by the City Council on October 17, 1995. WITNESSETH MY HAND AND SEAL, this 17th day of October, 1995 rn/ Armando Chapa City Secretary SEAL moo- tatA) MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 10, 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. Assistant City Secretary Saundra Koenning Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Mickey T. McCandless, South Bluff United Methodist Church, following which the Pledge of Allegiance to the flag of the United States was led by Gina Gonzalez and Ricky Alejandro, two members of the Smith Elementary Student Council. Assistant City Secretary Koenning 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 September 26, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mr. Christopher Nelson, Executive Director of the United Way of the Coastal Bend, explained how this year's United Way Campaign will benefit 48 local health and human services organizations in a five -county area. He noted that last year, the employees of the City of Corpus Christi raised almost $138,000 with an 85% participation level. Mr. Nelson added that for the last two years, Corpus Christi city employees have been among the top three in the nation for municipal campaigns for this city's size or larger. He then introduced Police Sgt. Larry Olivares, General Campaign Chairman, who encouraged the Council members to lend their support to the campaign. * * * * * * * * * * * * * Minutes Regular Council Meeting October 10, 1995 Page 2 Ms. Gail Birdwell, Special Events Coordinator for the Columbus Fleet Association, invited the Council to the "Ferias de las Americas" celebration October 10-15, which will include a special Mass and blessing of the ships and shipyard, a landing party, and a Tejano music festival. Ms. Susan Cable, Director of Communications and Quality Management, reported on the progress of the implementation of the performance management system. She explained that last year the Administrative Analysis Committee initiated a pilot project in the Street Services Department to develop a performance management process which will eventually be utilized in other city departments. Ms. Cable described how the pilot project has succeeded in tracking several aspects of the Street Department's operation: response times to citizens' complaints; efficiency; unit costs; trends; use of resources; reactive maintenance versus preventive maintenance; and other elements. * * * * * * * * * * * * * Mayor Rhodes invited former Council Member Clif Moss to come forward to introduce Mr. Hywel Jones, the new Executive Director of the Corpus Christi Symphony. An accomplished violinist and native of England, Mr. Jones greeted the Council and described some of his goals for the Corpus Christi Symphony. The Mayor then referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Airport Advisory Board Bonnie Pereida Commission on Children & Youth Joseph Alley (Police Officer to serve as Advisory Member to be appointed by Police Chief) Ethics Commission Rev. Allen Lowe Gerardo Garcia Cecil Henry Minutes Regular Council Meeting October 10, 1995 Page 3 Intergovernmental Commission on Drug & Alcohol Abuse Sandra Garcia Lucy Rubio Jean Newberry Nueces County Tax Appraisal District Clif Moss Victor Penuel Port Authority Richard Bowers Senior Community Services Advisory Committee Bob Schafer Ann Cortez * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, implementation of street capital improvements and remaining 1986 bond program projects. City Manager Garza pointed out that when the 1986 bond program was originally approved, it was with the assumption that it would be completed in five years; however, city officials had cautioned the public that if the five-year goal could not be met, the program would be implemented as quickly as the economy allowed. In addition, it was emphasized that the city would stay within an increase of 3.4 cents in the property tax rate to implement that program. Mr. Garza said staff was not, at this point, recommending two projects which originally were in the 1986 bond program but which affect the operations of the staff: the warehouse for the Park and Recreation Department and a new site for a future fire station. He said staff believes the fire station can be handled within the city's operations at such time as that station becomes necessary in the future. He added that the street capital improvement program is a combination of voter -approved projects and projects to which the city has made commitments. The bonds that are being sold for the 1986 bond projects are distinct from the certificates of obligation that are being sold to support commitments the city has made in the last 10 years. In addition, the utilization of the special assessment revenues contributes to the ability to complete these projects. Minutes Regular Council Meeting October 10, 1995 Page 4 Ms. Grace McNett, Capital Budget Officer, said the staff's recommendation for the street capital improvement program includes the adoption of Option B, which totals $11.7 million and brings closure to the 1986 bond program; and the endorsement of a property tax increase of approximately 1.1 cents beginning in FY 1996-97. She noted that the $1.5 million needed for the Texas A&M -Corpus Christi access improvements is included in the staff s recommendation, as well as the $2 million needed for the Del Mar Area Phase I neighborhood streets. She said the proposed financing plan utilizes paving assessment revenues for debt service. Ms. McNett said all of the 1986 projects remaining under the categories of Development of Unimproved Parkland and Renovation of Existing Recreation Facilities are provided for in this recommendation, which she listed. In addition, this proposal allows for the improvement of Leopard Street from Rehfield to Rand Morgan with federal participation under the Transportation Improvement Program. Mayor Rhodes called for comments from the audience. Mr. V. Waylon Litton, 11018 Birdwood Lane, Chairman of the Leopard Street Improvement Committee and President of the Northwest Business Association, emphasized that the Leopard Street project has been and continues to be a major interest to residents of northwest Corpus Christi. He appealed to the Council to approve the recommendation to complete the 1986 bond program. Mr. Fred M. Johnson, 3101 Vicksburg, commented about the poor condition of Leopard Street. Mr. A.C. Johnson, a past member of the Northwest Business Association, also emphasized the importance of improving the condition of Leopard Street as well as Nueces River Park. Mr. Abel Alonzo, 1701 Thames, said it was important for the Council to support the proposal in order to carry out the goals set forth in the 1986 bond election. Ms. Nelda Martinez, 513 Cole, said there is a sense of urgency in completing the projects as recommended by the staff, and she encouraged the Council to approve them. Ms. Dorothy Spann, 502 Del Mar and Co -chairperson of the Del Mar Street Improvements Association, said that approval of this program reaffirms the community's trust that completion of the bond election projects and projects created by growth will be consistently addressed. Ms. Ann Middour, 1527 Lea Lane, objected to the proposed increase of the tax rate, and said that McArdle needs to be improved. Mr. J.E. O'Brien, 4130 Pompano, questioned the amount of debt that this community would Minutes Regular Council Meeting October 10, 1995 Page 5 be able to support. He referred to the city's long-term debt obligations. In response, Mr. Garza said the city's principal outstanding indebtedness is approximately $224 million. Mr. J.T. Ellison, 4301 Callicoate, said the condition of Leopard Street is a disgrace to the rest of the city and one of the first things that visitors to the city often see. He encouraged the Council to support this proposal. Council Member Betty Jean Longoria commented about the importance of completing the Leopard Street improvements, and added that park improvements are also very important. Council Member McNichols said the 1986 bond program was a very aggressive program built upon an increasing tax base; however, subsequently the economy bottomed out, resulting in an overall $700 million decrease in the tax base. As a result, many of the 1986 projects had to be postponed. He said that in order to complete those projects, the tax base should be increased, rather than increasing the tax rate. He added that other budget concerns, such as the number of fire and police personnel, will need to be addressed during the next fiscal year, which may result in an additional rise in the tax rate. Council Member Best said he agreed with Dr. McNichols' comments. Mr. Garza acknowledged that it is always a challenge to balance the budget in the face of escalating costs without raising the tax rate. He noted that during a previous Council discussion of prioritizing the street capital improvement projects, staff realized that a cash flow from the special assessments was available. Dr. Best asked when another bond issue would be necessary, and Mr. Garza replied that he could not say --it would depend on the community's needs. He noted that programs such as maximizing resources in the Street Department will have some affect on that time schedule. Mr. Garza also described improvements that have been made throughout the city in the last 10 years despite the economic difficulties the community has faced. Council Member Cooper pointed out that the proposed projects will benefit the whole city because they are located throughout the city. She said no one wants to raise taxes, but these improvements are necessary. Council Member Black said she supported completing the bond program, and commented that if the Council did not do so, it would be moving backward rather than forward. Council Member Heldenfels said many citizens had questioned whether 1986 bond monies were being used for projects that were not approved by the voters at that time. Mr. Garza replied that on the contrary, the special assessment revenues would be utilized to support a portion of the 1986 bond program so that taxes would not have to be raised as much as they would be otherwise. He added that the tax increase would occur during the 1996-97 fiscal year. Mr. Heldenfels also asked about the status of the civilianization of the Telephone Reporting Unit at the Police Department, and Minutes Regular Council Meeting October 10, 1995 Page 6 Mr. Garza said he would provide an update. Council Member Martin asked if 1986 bond proceeds have been used specifically for projects which were not authorized, even though their use would be legal. Mr. Garza replied that one such project was McKenzie Road, which could not have been completed if the city had not taken savings from other projects and leveraged those into other street projects. Mr. Martin emphasized the importance of completing the 1986 bond program, and commented on the funding of some specific projects, including the IH -37 ramp reversals for $500,000. Council Member Heldenfels requested more information about the funds from the 1986 bond program that were used for other projects. Mr. Garza reiterated that the McKenzie Road project had been approved by the voters during a 1970 bond election. A brief discussion ensued, and Mr. Martin pointed out that some projects were financed through interest revenue and special assessments. Assistant City Secretary Koenning polled the Council for their votes as follows: M95-288 Motion adopting the staffs recommendation for implementation of various street capital projects and completion of the 1986 Bond Program totaling $11,700,000. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, and Martin voting "Aye"; Heldenfels and McNichols voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 5, sale of general improvement bonds and certificates of obligation. She made a motion to amend Item 5.b. to reflect actual figures rather than estimates; Council Member Martin seconded the motion, and it passed unanimously. Council Member Martin noted that Item 5 correlated with Items 6 and 7 on the agenda. City Manager Garza suggested that Items 6 and 7 could be discussed and voted upon prior to Item 5, and Mayor Rhodes agreed that they should be. The Mayor then opened discussion on Items 6 and 7, thermal energy storage system at the Bayfront Arts and Sciences Park. Mr. R.H. Shackelford, Director of Engineering Services, described in detail the inadequacies of the current system and the proposals involving the thermal energy storage system. He explained that staff originally bid the project as one contract, but both of the bids that were received exceeded the available funds. The consultant, BMW Engineering, then revised the construction estimates to Minutes Regular Council Meeting October 10, 1995 Page 7 include three separate contracts and several alternate bids to reduce the overall cost. The three contracts were: Contract No. 1 - thermal storage tank; Contract No. 2 - chilled water piping loop and controls; Contract No. 3 - chiller conversion from one type of refrigerant (CFC R-12) to another (EPA -approved R -134A). Mr. Shackelford said that while the rebidding process attracted more bidders, it did not substantially reduce the cost from the first bid. Based on the funds currently available for the project, an additional $600,000 will be required to fulfill the original project's scope. These additional costs will be offset in part by a more favorable estimate of savings from Central Power & Light and by the participation of the Harbor Playhouse and the Art Museum in this project. The simple payback will rise from 5.15 years to 6.94 years, which indicates that this is still a viable project with many options for the future. Mr. Shackelford added that the second low bidder on the chilled water piping and control system, Natkin Service Company, had objected to the staff's recommendation. He said Natkin maintained that the controls as specified by staff in the base bid and Alternate No. 1 would not be sufficient unless Alternate No. 4 is awarded as well. He said the matter was reviewed with the consultant and the low bidder, Malek Inc., and they do not concur with Natkin's position. Responding to Council Member John Longoria, Mr. Shackelford explained that Additive Alternate No. 4 provides for a color graphics package and high-grade pentium computer with a laptop. With that equipment, various control points within the system can be displayed. Although the equipment is desirable, the base bid specifies individual PCUs which provide the necessary intelligence to run the system. Mr. Longoria then asked if Alternate No. 4 was ever part of the base bid, and Mr. Shackelford said it was not. Mr. Longoria expressed concem that by breaking the project into three contracts, a change order may be needed in the future in order to complete the project, resulting in an overall higher cost. Mr. Shackelford said staff had no intention of doing that. In response to another question from Mr. Longoria, Mr. Shackelford described how the additional $600,000 that is being requested would be utilized in the three proposed contracts. Mr. Longoria asked why the original contract was rebid, and Mr. Shackelford said the intent was to reduce the cost, although the resulting second bids were only slightly less than the originals ($40,000). In response to Council Member Martin, Mr. Shackelford said the proposed location of the storage tank would not affect any future expansion of the convention center. He then described the additive altemate bids for Contract No. 2 (chilled water piping loop and controls). Mr. Ron Wheaton, President of BMW Engineering, noted that Additive Alternate Nos. 2 and 3 are essentially designed to apply central control to the additional buildings in the complex. Minutes Regular Council Meeting October 10, 1995 Page 8 Council Member Heldenfels said he was concerned that the consultant's estimates of the project's cost were low, and Mr. Shackelford pointed out that increased demand in the construction field has increased wage rates. Mayor Rhodes called for comments from the audience. Mr. Larry Gardner, of Natkin Service Company, introduced Mr. Joseph Winiarz, Natkin Regional Vice President, and Mr. Steve Arvidson, of Control Systems International. Mr. Gardner distributed a packet of information explaining why his company was contesting the proposed contract award to Malek Inc. Mr. Gardner said his company believes that Alternate No. 4 is necessary to properly control the system. He added that Natkin was the original low bidder on the project, and he quoted several aspects of the bid requirements, explaining why his company should be awarded the contract. At Mayor Rhodes' request, Mr. Wheaton of BMW then briefly responded. Council Member Best questioned the reason for converting the refrigerant in the system's three chillers, and Mr. Wheaton replied that the refrigerant currently being used will no longer be manufactured after January 1, 1996 because of new Environmental Protection Agency standards. Mr. Arvidson explained that he is a control contractor on the proposed project. He described why Alternate No. 4 is important to controlling the system, and explained that according to the bid specifications, a work station contains a computer, monitor, Facility Management System (FMS) software, and a laptop computer. Responding to Mayor Rhodes, Mr. Wheaton explained that the proposed contract with Malek does provide for an alarm system to alert the operators of a problem. Mr. Winiarz also referred to the packet that his company distributed to the Council members, explaining in detail why they objected to the proposed contract award. In response to Dr. Best, Mr. Wheaton said his recommendation for Contract 2 was to award the base bid and Additive Alternate No. 1 but not Alternates 2, 3 or 4, which called for DDC controls to the other buildings in the complex. He said his recommendation allows for the city to receive energy savings and CP&L rebates while repairing the auditorium and Art Museum cooling systems. He noted that the bid alternates were placed in sequential order because the consultant feels the graphics -based front-end computer is probably one of the last investments the city would want to make in the project due to the financial constraints at this time. Replying to another question from Dr. Best, Mr. Wheaton said that with regard to Contract 2 (base bid and Alternate No. 1), Malek's bid was $933,565 and Natkin's bid was $940,885, a difference of $7,320. In response to Mayor Rhodes, Mr. Wheaton noted that BMW Engineering is a mechanical/electricalenvironmental firm in Corpus Christi, and his company designed the project, conducted the original study, and evaluated the bids. Minutes Regular Council Meeting October 10, 1995 Page 9 Mr. Heldenfels asked about the difference between Contract Nos. 1 and 2. Mr. Wheaton explained that Contract No. 1 was for the thermal energy storage tank with one alternate bid to increase the tank's capacity to 13,800 ton/hours, and Contract No. 2 was for the chilled water pipe loop and controls, and it had four alternate bids (as previously discussed). Mr. Tim Champine, of Malek Inc., said he was the controls estimator for this project. He noted that the base bid specifications for Contract No. 2 called for a complete workstation with software. He said Additive Alternate No. 4 called for a breakout of the computer and laptop system and four software systems. He also described other aspects of the bid specifications. In response to Mr. Martin, Mr. Wheaton explained that when Malek submitted the information request that was sent out after the bids were taken, Malek indicated that they would include a 486 personal computer as a front end for the system. On the other hand, Alternate No. 4 called for a high-grade pentium computer with graphics capability and a laptop computer, which was not a duplication of the base bid. Mr. Wheaton added that he would not recommend Alternate No. 4 without including Alternates 2 and 3. Mr. Martin referred to the information provided by Natkin (dated October 10, 1995) concerning their contention that they were the original low bidder on the total project. Mr. Martin quoted Natkin representatives as saying that "...Natkin entered into negotiations with city staff and a revised bid was agreed upon...." In response, Mr. Garza read a letter dated July 6, 1995 from city staff to Mr. John McDaniel of Natkin Service Company, which stated in part that the city is "...unable to accept an unsolicited proposal for a modified scope and price... (and the city) cannot accept any proposal that departs from the bid process." Council Member Betty Jean Longoria said she would support the staff's recommendation. Assistant City Secretary Koenning polled the Council for their votes as follows: 6.a. FAILED TO PASS Motion awarding a contract (Base Bid and Additive Alternate No. 1) to CBI -Walker, Inc. for a Thermal Energy Storage Tank at the Bayfront Arts & Sciences Park in the amount of $694,300. The foregoing motion failed by the following vote: Rhodes, Best, Heldenfels, and B. Longoria voting "Aye"; Black, Cooper, J. Longoria, Martin, and McNichols voting "No." 6.b. FAILED TO PASS Motion awarding a contract (Base Bid and Additive Alternate No. 1) to Malek, Inc. for a Minutes Regular Council Meeting October 10, 1995 Page 10 Thermal Energy Storage System chilled Water Pipe Loop and Controls at the Bayfront Arts & Sciences Park in the amount of $933,565. The foregoing motion failed by the following vote: Rhodes, Best, Heldenfels, and B. Longoria voting "Aye"; Black, Cooper, J. Longoria, Martin, and McNichols voting "No." 6.c. FAILED TO PASS Motion awarding a contract (Base Bid No. 3) to Malek, Inc. for a Thermal Energy Storage System Chiller Conversion at the Bayfront Arts & Sciences Park in the amount of $155,598. The foregoing motion failed by the following vote: Rhodes, Best, Heldenfels, and B. Longoria voting "Aye"; Black, Cooper, J. Longoria, Martin, and McNichols voting "No." 7.a. FAILED TO PASS Motion approving an agreement with Harbor Playhouse, Inc. concerning the Thermal Energy Storage Project at the Bayfront Arts & Sciences Park. The foregoing motion failed by the following vote: Rhodes, Best, Heldenfels, and B. Longoria voting "Aye"; Black, Cooper, J. Longoria, Martin, and McNichols voting "No." 7.b. FAILED TO PASS. Motion approving an agreement with the Art Museum of South Texas, Inc. concerning the Thermal Energy Storage Project at the Bayfront Arts & Sciences Park. The foregoing motion failed by the following vote: Rhodes, Best, Heldenfels, and B. Longoria voting "Aye"; Black, Cooper, J. Longoria, Martin, and McNichols voting "No." Council Member McNichols said city staff should find a way to integrate the system and determine if it would be affordable, and then rebid the project. Council Member Black said she was concerned about the way these agenda items were debated in front of the Council. Mr. Martin said he did not think the items should be rebid, but rather the staff should bring a recommendation back before the Council. Mr. Garza pointed out that the bidders had raised some issues during the Council meeting that had previously not been discussed with staff. He added that staff would proceed to review those items and return with a recommendation. Mr. Martin made a motion to reconsider these agenda items at the next Council meeting, Minutes Regular Council Meeting October 10, 1995 Page 11 seconded by Mr. Heldenfels, and passed unanimously. * * * * * * * * * * * * * Mayor Rhodes returned to Items 5.a. and 5.b. Assistant City Secretary Koenning polled the Council for their votes as follows: 5.a. M95-289 Motion authorizing the City Manager to take action necessary to issue General Improvement Bonds in the estimated amount of $9,385,000 and providing for reimbursement to the City of capital costs incurred for these projects. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and Martin voting "Aye"; McNichols voting "No." 5.b. RESOLUTION NO 022369 Resolution by the City Council of the City of Corpus Christi, Texas directing publication of "Notice of Intention to Issue Combination Tax and Solid Waste Revenue" Certificates of Obligation, Series 1995 in the estimated amount of $11,035,000; and resolving other matters relating to the subject. The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 8, a public hearing on the curfew ordinance. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 8. FIRST READING ORDINANCE Amending the Corpus Christi City Code Section 33-40 to expand the hours of daytime curfew for minors; continuing City Code Sections 33-40, 33-41, 33-42, and 33-42.1 relating to curfew for minors, duties of parents respecting minor curfews, inducement of minor curfew violations, and permitting violation of minor curfew on certain premises, and amending the exceptions to the curfew; providing for penalties under City Code Section 1-6; providing for severability; providing for publication. Minutes Regular Council Meeting October 10, 1995 Page 12 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, a public hearing on amending the zoning ordinance. Mr. Tom Utter, Group Manager for Development Services, said the fee increases were in the budget, and the Planning Commission and staff recommended their approval. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 9.a. FIRST READING ORDINANCE Amending the Corpus Christi Zoning Ordinance, Article 28, "PUD" Planned Unit Development, Section 28-5, Procedure and Article 33, Permits, Plats and Filing Fees, Section 33-1, Permits and Section 33-3, Filing Fees, by increasing conditional sign permit fees, PUD processing fees and filing fees for zoning district classification changes; and providing for severance. 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." 9.b. FIRST READING ORDINANCE Amending the Platting Ordinance, Section III, Procedure, Subparagraph C, Application Fees by increasing the fees for plat applications; and providing for severance. 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 the public hearing on the following zoning case: 10. Case No. C995 -7A. City of Corpus Christi: Zone newly annexed area to "F -R" Farm -Rural District on Laureles Farm Tracts, Share 1, being 14.3 acres out of Section D, located along the west side of Chapman Ranch Road (State Highway 286) and along the south side of the Oso Creek. Mayor Rhodes said the Planning Commission and staff recommended approval. Minutes Regular Council Meeting October 10, 1995 Page 13 Mr. Brandol Harvey, Director of Planning and Development, said city staff had received some new information on this case the previous day. He said during the original survey of the area in question, there appeared to be a residence with some other buildings. The property owner indicated that what appeared to be a home occupation was in fact a contractor's yard with a swimming pool business. Part of the property was recently acquired by the Texas Department of Transportation for the extension of the Crosstown Expressway. Mr. Harvey said it was staff's recommendation at that point that the Council consider an "I-2" zoning on this property, which would allow the owner to continue his contractor's yard as well as other uses. Council Member Martin questioned whether the "I-2" zoning would be appropriate. Mr. Harvey said an alternative would be a special permit with a commercial -based zoning. Mayor Rhodes said staff should work with the property owner and bring a recommendation back to the Council. A motion was made to postpone this item, and the motion passed unanimously. POSTPONED * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 22, and Council Members requested that Item 19 be withheld for discussion. Assistant City Secretary Koenning polled the Council for their votes and the following were passed: 11. M95-290 Motion approving a supply agreement for uniformed guard security service for City Hall and the Central Library in accordance with Bid Invitation No. BI -0264-95 with Stanley Smith Security, Inc., Corpus Christi, Texas based on low bid for an estimated annual expenditure of $106,292.34 The term of the contract will be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Building Maintenance and the Central Library in FY 95-96. 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 October 10, 1995 Page 14 12. M95-291 Motion approving a supply agreement for firefighting clothing which includes approximately 100 turnout coats and 100 turnout pants in accordance with Bid Invitation No. BI -0306-95 with Casco Industries, Pasadena, Texas based on low bid meeting specifications for an estimated annual expenditure of $57,000. The term of the agreement shall be for twelve months with an option to extend for up to an additional twelve months subject to the approval of the supplier and the City Manager or his designee. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 13. M95-292 Motion approving the application by the Los Barcos Columbus Ship Association for temporary closing of the 1900 block of N. Mesquite Street (between N. Chaparral Street and the north end of Mesquite Street) for activities associated with the "Feria de las Americas" event on October 14-15, 1995. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 14. M95-293 Motion approving deductive Change Order No. 3 in the amount of $45,008.64 to Bay, Inc.'s contract for Corpus Christi Intemational Airport (CCIA) Taxiway "G" Paving & Lighting Improvements and West General Aviation Apron Improvements, Federal Aviation Administration (FAA) Grant No. AIP-3-48-0051-20-94. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 15. M95-294 Motion authorizing the City Manager or his designee to execute an agreement with the Greater Corpus Christi Business Alliance in the amount of $25,000 for continuation of an air service advertising campaign. 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 October 10, 1995 Page 15 16. M95-295. Motion authorizing the City Manager or his designee to execute an agreement with Nueces County Community Action Agency (NCCAA) to provide $80,000 from the FY95 CDBG Program to supplement the Weatherization Program to provide for minor repairs such as handicap access ramps, inner walls, bathrooms to a minimum of 50 homes that qualify under the program guidelines. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 17. M95-296 Motion authorizing the City Manager or his designee to execute an agreement with Corpus Christi Independent School District (CCISD)/Galvan Elementary School to provide $25,000 from the FY94 CDBG Program for construction of an outdoor community learning environment playground at 3126 Masterson. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." 18. FIRST READING ORDINANCE Closing and abandoning a 2,580 square foot portion of a 10 foot wide utility easement located between Lots 4 & 5, Block 2, The Esplanade Unit 1 Subdivision; subject to compliance with the specified conditions; and the owner replatting the property within 180 days at his expense. 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." 20. ORDINANCE NO. 022371 Amending the City Code of Ordinances, Chapter 13, Building; Construction and Related Operations; Housing and Housing Premises Standards, Article I, Construction Codes, Chapter 1, Administration, by amending Sec. 108.2.2.1 to require electrical licenses examinations be supervised and administered by the City of Corpus Christi; deleting provisions of Sec. 108.2.2, Reciprocal Licenses; amending Sec. 108.2.9.1 to include statement of master of record -contractor relationship; adding Sec. 108.2.9.1.1 for evidence of master of record qualifications; adding Sec. 108.2.9.1.2 disclosure under the Texas Staff Leasing Services Act; amending Sec. 108.2.9.3 to include elements of the master's Minutes Regular Council Meeting October 10, 1995 Page 16 supervision and making unlawful misrepresentation of unsupervised work; providing for penalties; providing for publication; and an effective date immediately following publication. 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." 21.a. ORDINANCE NO.077377 Authorizing and allowing, under the Act governing the Texas Municipal Retirement System, Updated Service Credits in said System for service performed by qualifying members of such System who presently are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and 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." 21.b. ORDINANCE NO. 022371 Authorizing and allowing, under the Act governing the Texas Municipal Retirement System, Restricted Prior Service Credit to employees who are members of the System for service previously performed for certain specific public entities for which the employees have not otherwise received credited service; establishing an effective date for such actions; and 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." 22. ORDINANCE NO 022374 Authorizing the City Manager or his designee to execute a five-year lease with the option to renew for an additional five years with Bank of America Texas, N.A., to provide ATM service at the Corpus Christi Intemational Airport for $1,000 or 75% of gross profit per month, whichever is greater. 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 October 10, 1995 Page 17 Mayor Rhodes opened discussion on Item 19, graffiti ordinance. • Council Member McNichols said that although the amendments to the graffiti ordinance are a step in the right direction, he did not think the financial penalties would have any deterrent effect on many of the local offenders. He added that serious consideration should be given to the investigation and enactment of physical penalties --corporal punishment --which make individuals responsible for their own actions. City Attorney Bray replied that the city has no legislative authority to enact penalties beyond fines, and that would have to be approved by the Texas State Legislature. Dr. McNichols said the Council should adopt a resolution urging the Legislature to allow cities to impose such penalties. Council Member John Longoria said he did not think the whole Council would approve a resolution to that effect, and the views expressed by Dr. McNichols were his own. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 19. ORDINANCE NO. 022370 Amending the City Code of Ordinances prohibiting certain conduct relating to graffiti; authorizing measures for graffiti control; establishing criminal penalties for violations; and providing for severability. 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." * * * * * * * * * * * * * City Attorney Bray announced that the closed session was being postponed because outside counsel was detained in court in another city. POSTPONED Closed scszion, pursuant to Texas Government Codc Section 551.071 rcgarding CJD Construction, Inc., and Robcrt E. Jenkins v Tri State Ins. Co., ct al; No. 92 3046-I', 214th regarding City of Corpus Clr.:ati N. Manhattan Ce istruetion Company ct al, No. 94-6459 A, 28th Di,ttiet Court, Nucccs County, Texaa. * * * * * * * * * * * * * Minutes Regular Council Meeting October 10, 1995 Page 18 Mayor Rhodes called for the City Manager's report. Mr. Garza gave an update on the location of Hurricane Roxanne, and emphasized that citizens should increase their level of alertness. Also, the Ozone Task Force is scheduled to make a presentation during the October 24, 1995 Council meeting; the city's "paint bank" is currently being used for Operation Paint Brush and it could also be used for graffiti clean-up; the Ethel Eyerly Senior Center parking lot should be completed next week. Mr. Garza added that the members of the Selena Memorial Committee have agreed to the idea of a joint fundraiser, and he said he would bring back a resolution to that effect. In her report, the Mayor asked the Council members to nominate people to serve on the Citizens Advisory Committee for the drainage utility. Mayor Rhodes called for Council concerns and reports. Council Member Heldenfels said he had recently participated in a "ride -around" with police officers and he encouraged all Council members to do so as well. Council Member Best requested a report on the paving contract with Bay Inc., as well as updates on the old Frost Brothers building reconstruction and the factory outlet mall. Council Member John Longoria requested a presentation on the upcoming bids for the city's insurance needs. Council Member Martin said much more needs to be done concerning limiting harmful ozone emissions. He pointed out that the city is monitored every day of the year. Council Member Betty Jean Longoria encouraged continued participation with the Regional Transportation Authority. She also thanked Mr. Bill Harrison for serving as RTA chairman, and welcomed Mr. Victor Gonzalez as the new chairman. Mayor Rhodes called for petitions from the audience, and there were none. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 5:35 p.m. on October 10, 1995. * * * * * * * * * * * * *