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HomeMy WebLinkAboutMinutes City Council - 10/17/1995I 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 17, 1995, which were approved by the City Council on October 24, 1995. WITNESSETH MY HAND AND SEAL, this 24th day of October, 1995 Armando Chapa City Secretary SEAL MILRUFILMEU MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 17, 1995 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem John Longoria Council Members: Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria Edward Martin Dr. David McNichols City Manager Juan Garza Assistant City Attorney Alison Gallaway City Secretary Armando Chapa ABSENT Dr. Jack Best Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Willie Davila, Church of Reconciliation, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Both Mayor Rhodes and City Manager Garza welcomed Mr. Chapa back from sick leave. Mayor Rhodes called for approval of the minutes of the regular Council meeting of October 10, 1995, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes deviated from the day's agenda and opened discussion on Item 3, a presentation by the Selena Memorial Committee. Mr. Jorge Rangel, Chairman of the Selena Memorial Committee, referred to the Houston trial of Yolanda Saldivar, who is accused of killing Tejano singer Selena Quintanilla-Perez (Mr. Rangel is covering the trial as an analyst). He said the Corpus Christi Police Department, in particular Minutes Regular Council Meeting October 17, 1995 Page 2 Officers Larry Young and Isaac Valencia, should be commended for its handling of this case. Mr. Rangel noted that the Selena Memorial Committee had originally made five recommendations to the Council on August 15, 1995, four of which were referred to staff so they could make cost projections. Mr. Rangel added that Mr. Dusty Durrill, a local businessman and philanthropist, had made his own recommendation concerning an overlook on Shoreline Boulevard containing a statue of Mrs. Quintanilla-Perez. Mr. Rangel said that the committee members met with Mr. Durrill and City Manager Garza concerning those ideas, and as a result, they revised their recommendations and were bringing them back before the Council for their consideration. Their revised recommendations were: to place an "interactive" statue of Mrs. Quintanilla-Perez in the vicinity of the Bayfront Arts and Sciences Park; to rename the Bayfront Plaza Auditorium as the "Selena Bayfront Plaza Auditorium" with an accompanying tile mural; and to construct a Selena Memorial Overlook (excluding a sculpture of the singer) at Peoples Street and Shoreline Boulevard. He said it was agreed upon that there will be one unified fundraising effort, and the committee members hope that the city will be directly involved in the administration of those funds. Mr. Rangel said in conclusion that the recommendations being presented offered a unique opportunity for the community to honor one of its own citizens and to recognize the values that Mrs. Quintanilla-Perez represented. He also introduced the Selena Memorial Committee members who were present: Aurelia Bazan, Alex Garcia Jr., Al Jones, Luis Munoz, Yolanda Olivarez, and the Quintanilla family's representative, Bert Quintanilla. Mr. Rangel also recognized his legal assistant, Irma Sandate. Council Member Heldenfels commented that he did not think it was appropriate for the committee to make its recommendations while the Saldivar trial is ongoing. He said any action should be postponed until after the conclusion of the trial. Mr. Rangel replied that the trial's outcome has no bearing on how this community chooses to honor the memory of Mrs. Quintanilla- Perez. He also said Mr. Durrill had indicated that time was of the essence with regard to fundraising activities. Council Member Betty Jean Longoria said she did not think the recommendations should be postponed, and she added that many visitors to Corpus Christi wish to have another way of remembering Mrs. Quintanilla-Perez other than just visiting her gravesite. Responding to a question from Mrs. Longoria, Mr. Rangel said the recommendation concerning the name change referred to the Bayfront Plaza Auditorium, and not to the whole complex. In addition, the committee also recommended the inclusion of a tile mural honoring the singer, located near the auditorium. Council Member John Longoria said communities throughout Texas have memorialized Mrs. Quintanilla-Perez in a variety of ways and their actions --as well as any actions taken by the Corpus Minutes Regular Council Meeting October 17, 1995 Page 3 Christi City Council --will not have any bearing on the trial. He made a motion to approve the recommendations as submitted. Council Member Black thanked the committee members for their efforts. She said citizens in the community had indicated their support for the other two recommendations, but not for the one regarding the name change of the Bayfront Plaza Auditorium. City Secretary Chapa polled the Council for their votes as follows: 3.b. M95-297 Motion supporting the final recommendations as submitted by the Selena Memorial Committee. The foregoing motion passed by the following vote: Rhodes, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black and Heldenfels voting "No"; Best absent. * * * * * * * * * * * * * Mayor Rhodes recognized Ms. Susan Davies, a volunteer representing the March of Dimes Birth Defects Foundation. Ms. Davies said the March of Dimes will be honoring retiring Chief of Police Henry Garrett and his wife, Nancy, at a testimonial dinner called "A Celebration of Service" on November 14, 1995. Interested persons can call the March of Dimes office at 855-4215. The Mayor also presented a Certificate of Commendation to Mr. Don Winkley, one of ten athletes who raced across the United States in the Moonbat Trans -American Foot Race. City Manager Garza presented the Distinguished Budget Presentation Award to the staff of the Management and Budget department from the Government Finance Officer's Association of the United States and Canada. Mr. Joe Montez, Director of Management and Budget, introduced the staff: Rudy Garza, Aurora Parlamas, Ronnie Robles, and Elma Ramos. Mr. Garza then recognized the city staff of the Laguna Madre Wastewater Treatment Plant, who received the Regional Administrator's Environmental Excellence Award from the Environmental Protection Agency. Mr. Carl Crull, Group Manager of Public Works and Utilities, introduced Mr. Wayne Cockroft, Wastewater Superintendent, and his staff: Foster Crowell, Bhaskar Patel, Adan Flores, Larry Gonzalez, Andrew Gomez, Alex Vela, Andrew Levine, Joe Castefeda, and Michael Herrera (who was not present). * * * * * * * * * * * * * Minutes Regular Council Meeting October 17, 1995 Page 4 Mayor Rhodes opened discussion on Items 4, 5 and 6, thermal energy storage system. Mr. R.H. Shackelford, Director of Engineering Services, noted that this item had been discussed at length during the October 10, 1995 Council meeting. As a result, the Council moved to reconsider the vote on three proposed contracts at the Bayfront Arts and Sciences Park. Specifically, staff was directed to do the following: clarify the recommendations as they related to the award of the chilled water piping and controls system (Contract No. 2); give consideration to Alternate Bid Nos. 2, 3 and 4 for Contract No. 2; and review whether to proceed at this time with the conversion of the chillers in the convention center from an R-12 freon to R -134A refrigerant (Contract No. 3). Mr. Shackelford reminded the Council that Contract No. 2 consisted of a base bid and four additive alternate items, which he described. With regard to the base bid, he said the contract provides for stand-alone process control units (PCUs) in the central plant and Art Museum, which have the necessary intelligence to operate the system as required. He added that there is a local area network which connects all the PCUs in the complex, allowing any PCU to be adjusted from any point on the network. Staff concluded that Alternate No. 4, which consisted of a graphics -based DDC "front-end" and a high-grade computer, would be a nice enhancement to the system but was not necessary to achieve the demand shift in order to receive rebates from Central Power and Light (CPL). In addition, the base bid would also enable the city to avoid the cost of replacing the Art Museum's current heating and cooling system, as well as the auditorium's chillers. Mr. Shackelford also said that while Alternate Nos. 2 and 3 were desirable add-ons, they were not recommended by staff due to the cost overrun that had been experienced in this project. He said if the Council wished to include Alternates 2 and 3, the added cost would be $109,000 for Alternate No. 2, and $38,100 for Alternate 3, for a total additional cost of $147,260 (which does not include additional bond issuance costs or administrative expenses). The Director of Engineering said that additional information was received before the Council meeting from the two bidders, Malek Inc. and Natkin Service Company. He said Malek was including a 486 computer as part of the base bid. The unit will display text only and not have a graphics package. In addition, Natkin requested that the recommended award to Malek be rejected on the basis of not conforming to a material aspect of the specifications concerning the installation of the DDC system by a factory -owned office of one of the authorized manufacturers. Mr. Shackelford said that while Malek is not a factory -owned office, Malek has verbally indicated their intentions to obtain the services of a subcontractor to meet this contract requirement. He added that Malek was still the lowest bidder on the base bid and Alternates 1, 2 and 3; further, the issue Natkin was trying to use as a basis to disqualify Malek Inc. was really a contract administration issue because the city will require adherence to the specifications. Minutes Regular Council Meeting October 17, 1995 Page 5 Mr. Shackelford noted that Natkin Service Company had a similar deviation in that both the specifications and bid proposal specifically required that the project be completed within 240 calendar days after issuance of the work order. Natkin's post -bid submittal assumed a start date of October 16, 1995, and a completion date of September 13, 1996, which equated to 334 calendar days, not the 240 calendar days required. The matter would need to be cleared up if there was any intention of awarding a contract to Natkin. With regard to Contract No. 3, Mr. Shackelford said staff believes it would be more prudent to convert the chillers while the other construction is underway, rather than waiting until one or more of the systems breaks down and converting them then. Responding to questions from Council Member Martin, Mr. Shackelford explained that the CPL rebate is structured so that 25% of the rebate ($116,450) would be received upon delivery of the thermal energy storage tank, 50% ($232,900) upon activation of the system, and the final 25% upon demonstration of the shift in electrical consumption from peak demand hours (demand shift) by September 30, 1996. He added that if that time schedule were not met, then the rebate would be delayed until May 1996, and the city would have to continue paying the cost for the peak demand. Mr. Martin said the contract should be amended to include a penalty provision whereby the contractor would be assessed damages equal to the city's damages if the construction schedule is not met. Assistant City Attorney Gallaway pointed out that that provision was not part of the bid specifications. She said if the winning bidder were agreeable to adding such a provision, then the contract could be amended. Mr. Martin also asked about the payback amounts, and Mr. Shackelford stated that the staff s original projection of a payback in 6.94 years did not include the cost of interest and financing --it was just a simple payback. Mr. Garza added that the weakness of the standard payback model is that it does not include interest costs. Responding to another question from Mr. Martin, Mr. Shackelford said staff received Natkin's A-30 submittal after September 16, 1995. Council Member McNichols asked if there would be a payback related to Alternates 2 and 3. Mr. Shackelford said there would be some payback, but at this time staff does not have a way of documenting what that amount might be. Replying to Dr. McNichols, Mr. Shackelford said the intelligence needed to operate the system resides in the PCUs and other small components (with accompanying textual information), while the graphics -based computer provided in Alternate 4 would enhance that operation via a schematic diagram. Mr. Garza assured the Council that the proposed system would be able to be operated by city staff. Responding to Council Member Heldenfels, Mr. Garza explained that the 486 computer would be centrally located in the convention center and will be used to test the system, and staff will also be provided with a hand-held device from which analyses could be conducted. Mr. Shackelford Minutes Regular Council Meeting October 17, 1995 Page 6 reviewed the CPL rebate schedule. A brief discussion ensued. In reply to Council Member John Longoria, Mr. Shackelford said that once the chillers are converted, the R-12 freon that is removed can be recycled and possibly used in other city facilities or sold. Mr. Garza added that staff would much rather convert the chillers during the other construction rather than have to do so when an emergency arises, which could occur during a very large convention. Mr. Ron Wheaton, President of BMW Engineering, and Mr. Shackelford briefly discussed the possible price that recycled R-12 freon may bring in the future, as well as other related issues. Mayor Rhodes called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, suggested that this item should be tabled until all of the questions are answered. Referring to Mr. O'Brien's comments, Assistant City Attorney Gallaway reiterated that there were certain time constraints associated with this project, adding that she thought it advisable to ensure that Malek would be willing to make certain changes to the contract before they were awarded the contract. Mr. Ronnie Klepac, Project Manager from Malek Inc., replied that the scope of the work did not call for any penalty provisions other than the liquidated damages that were set forth. Mr. Garza said it would be more appropriate, if the Council was so inclined, to authorize him to enter into the contract with Malek as recommended, and he would ensure that the Council's conditions were included in the contract before he executed it --that would also allow Malek's representatives to consider the amendments. Mr. Larry Gardener, Project Manager for Natkin Service Company, assured the Council that Natkin would be able to complete the project in the required 240 days. He added that his company would provide a 586 computer if Alternate 4 were accepted. He also contested a statement that R-12 refrigerant would soon be out of production. Mr. Wheaton clarified that R-12 refrigerant is also used as a medical propellant, and extended manufacturing is allowed for specialized uses of all refrigerants until adequate replacements are available, but large scale manufacture of those components does cease after January 1, 1996. Mr. Bill Herbst, who is associated with the manufacture of the control equipment that was bid by Malek, commented that the text -based computer system being proposed is just as functional as the graphics -based "front-end" that is called for in Alternate Bid No. 4. Responding to Dr. McNichols, Mr. Garza explained that agenda Item 4.b. as proposed calls for awarding a contract --consisting of the base bid and Additive Alternate No. 1 --to Malek Inc. for the thermal energy storage system chilled water pipe loop and controls in the amount of $933,565, which is the same recommendation that was made during the last Council meeting. Mr. Garza added Minutes Regular Council Meeting October 17, 1995 Page 7 the basic proposal satisfies the goal of redistributing the demand for electricity into the night hours and reduces the tariff the city has to pay. Additionally, Additive Alternate Nos. 2 and 3 give staff enhanced capacity to manage the system and are highly desirable. Responding to Mayor Rhodes, Mr. Garza said he would recommend that Alternates 2 and 3 be added to the proposal for approval. Mr. Martin raised questions relating to the feasibility of Alternates 2 and 3, as well as the issue of the payback and time constraints of the CPL rebates. A discussion ensued, and Mr. Marco Arredondo, Senior Industrial Engineer in the Marketing Division of Central Power and Light, said that all would be needed to prove a shift in demand would be a 15 -minute interval during one day of operation. Assistant City Secretary Koenning polled the Council for their votes as follows: 4.a. M95-298 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 passed by the following vote: Rhodes, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria voting "No"; Best absent. 4.b. M95-299 Motion awarding a contract (Base Bid and Additive Alternate No. 1) to Malek, Inc. for a 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 passed by the following vote: Rhodes, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria voting "No"; Best absent. 4.c. M95-300 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 passed by the following vote: Rhodes, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria voting "No"; Best absent. Mayor Rhodes noted that Item 5 would be withdrawn since no additional monies were needed for the project than were previously approved by the Council. Minutes Regular Council Meeting October 17, 1995 Page 8 5. WITHDRAWN Resolution by thc City Council of the City of Corpus Christi, Tcxaa di.Jeeting pablieatio ref "Notiee of Int.,ntion to Issue Combination Tax and Solid Waste Revei.uc" Certifi, atmos of .• .. :.. . '• •• •... . 'elating to thc subject; and repealing Resolution No. 022369. 6.a. M95-301 Motion approving an agreement with Harbor Playhouse, Inc. concerning the Thermal Energy Storage Project at the Bayfront Arts & Sciences Park. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 6.b. M95-302 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 passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the annexation of Phase III. Mr. Tom Utter, Group Manager for Development Services, said this item is the first reading proposing the annexation of two small tracts of land at the south end of Padre Isles subdivision and a 9.5 -acre tract that Memorial Medical Center proposes to use. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 7. FIRST READING ORDINANCE Annexing adjacent and contiguous territory containing three tracts of land to the City of Corpus Christi, Texas; declaring such territory an integral part of the City of Corpus Christi, Texas; fully describing the annexed territory; adopting a service plan for the annexed territory; fixing new boundaries for the City of Corpus Christi, Texas; declaring inhabitants and property owners entitled to all the same rights, privileges and burdens of other citizens Minutes Regular Council Meeting October 17, 1995 Page 9 of the City; declaring the annexed territory, subject to the City Charter and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Best and J. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 8, a public hearing on the preliminary assessment roll for the South Padre Island Drive/Ayers Area Street Improvements Project. Mr. R.H. Shackelford read the following statement into the record: "My name is Robert H. Shackelford. I am the City Engineer for the City of Corpus Christi. I have been so employed for thirteen (13) months. I am a Professional Engineer, licensed by the State of Texas since 1979. I have 36 years of experience in design of construction and estimating the costs thereof. I am familiar with the S.P.I.D./Ayers Area Street Improvements project. This project encompasses: Alaniz Street - Sacky Street to Sokol Drive Wharton Street - Sokol Drive to Dead End South Green Grove Street - Winters to Horne Road Alexander - Green Grove Street to 197 feet east of Ayers Street Hudson Street - Prescott to Vestal Vestal - Hudson to Sherman Vitemb - Hudson to Sherman. "Currently, Alaniz, Wharton, Green Grove, Hudson, Vestal and Vitemb Streets, within the limits indicated above, and Alexander Street, between Green Grove and Devon Street, are narrow, two-lane roadways with roadside ditches for drainage. No sidewalks currently exist within these street sections. The nature and scope of this project is to reconstruct these street sections to 28 feet width, back to back of curb with gutter, including underground storm sewer, concrete driveways, and sidewalks meeting ADA requirements. "The remaining portion of Alexander Street has curb and gutter, concrete driveways, and sidewalks, some of which are in poor condition and do not comply with ADA standards. This project will correct substandard conditions where they exist. This project is funded from Street General Obligation Bonds, Street Bond Fund Reserves, and Utility Revenue Bonds. Prior to this hearing, I had an estimate of project costs prepared, and it compared favorably with the bids Minutes Regular Council Meeting October 17, 1995 Page 10 received, with the low bidder being approximately 0.2% below the estimated cost. In my opinion, the costs are true and accurate. The project is estimated to start in December, 1995 with completion in 265 working days or in February 1997." Mr. George Paraskevas then read the following statement into the record: "My name is George N. Paraskevas and I am a state -certified Residential Appraiser and have been evaluating property and practicing real estate in Corpus Christi, Texas, since 1971. I have experience in appraising both commercial and residential property, and I am familiar with the real estate market in Corpus Christi, Texas. "I am familiar with the S.P.I.D./Ayers Street Improvement project. I agree with Mr. Shackelford's description of the conditions to be changed and I am familiar with the improvements to be made by the City of Corpus Christi, Texas. I have reviewed the project assessment roll, and personally examined each of the 147 parcels of land therein. In my opinion, each such parcel will be specifically benefitted by each improvement to be assessed against it, without regard to the community benefit. In addition, it is my opinion that each such parcel will be specially enhanced by such improvement at least to the extent of the assessment stated." Mayor Rhodes called for comments from the audience. Mrs. Seese presented information to City staff. Mr. Carl Crull, Group Manager for Public Works and Utilities, stated that the information included letters dated in 1984 from the City's Voluntary Paving Coordinator regarding a petition to pave Hudson Street from Prescott to Vestal. He said the information also included the amounts that are to be assessed that are in accordance with the assessment ordinance. Mr. Crull pointed out that the bonds that were approved by the voters in 1986 did not, and were not intended to, pay for the entire cost of the paving project; a portion of the cost of the improvements have always been assessed against the abutting property owners. Mrs. Seese expressed frustration that improvements have not yet been made to her street, and she briefly described the poor condition of that area, particularly when it rains. Responding to Mayor Rhodes, Mr. Crull said the paving project is scheduled to begin in December 1995 and will be completed in approximately 14 months. He added that the construction schedule has not been finalized. Mayor Rhodes and Mr. Crull reassured Mrs. Seese that the construction would be completed. Mrs. Seese then asked if there would be any more charges for the project. Mr. Crull replied that the assessment for a typical 50 -foot wide residential property with a 10 -foot driveway would be approximately $980, which can be paid out over a five-year period. Mr. Crull said he would Minutes Regular Council Meeting October 17, 1995 Page 11 speak with Mrs. Seese personally to explain the situation. No other citizens appeared to discuss the assessment. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Assistant City Secretary Koenning polled the Council for their votes as follows: 8.b. ORDINANCE NO. 022368 Ordinance closing the October 17, 1995 public hearing on street improvements on the following streets: Alaniz Street - Sacky Street to Sokol Drive Wharton Street - Sokol Drive to Dead End South Green Grove Street - Winters to Horne Road Alexander - Green Grove St. to 197 Feet East Of Ayers Street Hudson Street - Prescott to Vestal Vestal - Hudson to Sherman Vitemb - Hudson to Sherman known as the S.P.I.D./Ayers Area Street Improvements Project, fixing a lien and charge and adopting an assessment roll indicating assessments of $152,114.60 on 147 items. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best and Martin absent. 8.c. M95-303 Motion awarding a contract in the amount of $1,176,213.15 to King -Isles Construction Co., Inc. for the S.P.I.D./Ayers Area Street Improvements Project. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, and McNichols voting "Aye"; Best and Martin absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 9, daytime curfew. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: Minutes Regular Council Meeting October 17, 1995 Page 12 9. ORDINANCE NO 072375 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. The foregoing ordinance passed on second reading by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the following zoning case: 10. Case No. 995-8. L&B Development. Inc. • A change of zoning from "A-1" Apartment House District to "R -1B" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 11, being 4.29 acres out of Lots 9 and 10, located on the east side of New Bedford Drive, approximately 100 feet north of Strateford Drive. Mayor Rhodes said the Planning Commission and staff recommended approval. No one opposed the zoning application. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Heldenfels, and passed unanimously. Assistant City Secretary Koenning polled the Council for their votes as follows: ORDINANCE NO. 022376 Amending the Zoning Ordinance upon application by L&B Development, Inc., by changing the Zoning Map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 11, being 4.29 acres out of Lots 9 and 10, from "A-1" Apartment House District to "R -1B" One - family Dwelling District. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. * * * * * * * * * * * ** Minutes Regular Council Meeting October 17, 1995 Page 13 Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 21, and Council Members requested that Items 11, 12, 17, 18 be withheld for discussion. Assistant City Secretary Koenning polled the Council for their votes and the following were passed: 13. M95-306 Motion approving leases of two copiers in accordance with Bid Invitation No. BI -0001-96 with the following companies for the following amounts based on low total cost, for a total expenditure of $50,133.60. The leases include a 60 month lease of one copier and a 36 month lease of another copier by the Police Department. Funds for the first year of the lease are budgeted in FY 95-96 by the Police Department and will be requested for subsequent fiscal years. Fiscal Year 95-96 payments will be a total of $8,531.64. Xerographic Resources Corpus Christi. Texas (60 month lease) $40,017.60 Texas Copy Systems Corpus Christi. Texas (36 month lease) $10,116.00 Grand Total - $50,133.60 The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 14. M95-307 Motion approving a supply agreement for approximately 4,000 bags of Portland Type I cement and 1,200 bags of mortar mix in accordance with Bid Invitation No. BI -0018-96 with Starcrete Products, Robstown, Texas based on low total bid for an estimated annual expenditure of $20,360. 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, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 15. ORDINANCE NO. 022377 Ordinance amending Ordinance 021864 passed February 8, 1994 by amending Section 3 to adopt the final assessment roll and assessments levied against the property owners or property abutting on Mayfield Drive -Violet Road to Starlite Lane, Annaville Area Street Improvements Project No. 3, Phase 1. Minutes Regular Council Meeting October 17, 1995 Page 14 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 16.a. ORDINANCE NO. 022378 Ordinance authorizing the City Manager of his designee to execute an Interlocal Agreement with the Coastal Bend Council of Governments whereby the City will offer a city-wide "Master Composter" Backyard Composting Training Program. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 16.b. ORDINANCE NO. 022379 Ordinance appropriating $9,657 from the Coastal Bend Council of Governments, as a pass- through grant from the Texas Natural Resource Conservation Commission to fund a master composter training program and adding $9,657 to the Federal/State Grants Fund No. 162. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 19. FIRST READING ORDINANCE Amending the Code of Ordinances, Section 53-254, Schedule V, (Increase of State Speed Limit in Certain Zones) by reducing the speed limit on Yorktown Boulevard from 50 MPH to 45 MPH, from Waldron Road to the east end of the Yorktown Boulevard (mud) bridge; providing for publication; and providing for penalties. The foregoing ordinance passed on first reading by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 20. ORDINANCE NO. 022380 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. Minutes Regular Council Meeting October 17, 1995 Page 15 The foregoing ordinance passed on second reading by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 21.a. ORDINANCE NO. 022381 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 second reading by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. 21.b. ORDINANCE NO. 022382 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 second reading by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 11, purchase of police sedans. Responding to Council Member McNichols, City Manager Garza said he agreed that the price of each sedan ($18,940) was high, and he believed that the primary reason was that Ford Motor Company was the only company manufacturing this kind of car. He added that the lack of competition will result in a continuing increase in price in the future. Dr. McNichols asked why rear -wheel drive was required, and Mr. Garza said such cars showed the best wear -resistance. He also briefly described other aspects of these sedans. In reply to Council Member Heldenfels, Mr. Garza said the Corpus Christi Police Department does not have any front -wheel drive vehicles, but other cities have indicated that front - wheel drive is not as durable. Mr. Garza said he would provide more data on this issue. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Minutes Regular Council Meeting October 17, 1995 Page 16 Secretary Koenning polled the Council for their votes as follows: 11. M95-304 Motion approving the purchase of 46 police sedans in accordance with Bid Invitation No. BI -0019-96 from Courtesy Ford, Corpus Christi, Texas based on low bid of $871,240. Forty-four sedans were originally budgeted in the 1995-96 Capital Outlay List as new and replacement items. The list was amended to include two replacement units for the Fire Department. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Best absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 12, traffic signals and other equipment. In response to Council Member McNichols, Mr. Ogilvie Gericke, Director of Street Services, said the city provides mast arms, pedestrian signals and other equipment, but the contractor furnishes the equipment that would be placed around a street construction site. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 12. M95-305 Motion rejecting bids received in response to Bid Invitation No. BI -0292-95 for traffic signals, allied hardware, school flashers, and vehicle detectors based on revisions to specifications, quantities, and bidder lists. The foregoing motion passed by the following vote: Rhodes, Black, Cooper, Heldenfels, B. Longoria, Martin, and McNichols voting "Aye"; Best and J. Longoria absent. ************* Mayor Rhodes opened discussion on Item 17, speed limit reduction on Airline Road. Responding to Council Member McNichols, Mr. David Seiler, City Traffic Engineer, said the proposal was intended to reduce travel speeds not only on the five -lane section of Airline from Holly Road to Cimmaron, but also in the unimproved two-lane section from Wooldridge to Saratoga. In addition, it was intended to maintain consistency with the other five -lane arterial street sections Minutes Regular Council Meeting October 17, 1995 Page 17 in the city, where the speed limit is 35 miles per hour. Dr. McNichols questioned the speed limits on other street sections, including parts of Saratoga and Yorktown, and Mr. Seiler pointed out that those two roadway sections are under the jurisdiction of the Texas Department of Transportation. Council Member Martin questioned the need for this proposal and for the proposed reduction of the speed limit on Waldron Road. Mr. Seiler emphasized that one of the purposes of this item was to slow the traffic in the unimproved section of Airline from Wooldridge to Saratoga. Responding to Council Member Betty Jean Longoria, Mr. Seiler said the five -mile -per -hour speed limit change on Ocean Drive that was approved by the Council last year has been gradual, but successful. Dr. McNichols said he objected to the proposal to decrease the speed in that section of Airline when it is acting as one of the collateral roadways in allowing traffic to move along. He acknowledged that the unimproved section of Airline constituted a different set of circumstances. Mayor Rhodes said she would support this proposal because many citizens had requested this change, and both the staff and the Transportation Advisory Committee were recommending it. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 17. FAILED TO PASS Amending the Code of Ordinances, Section 53-254, Schedule V, (Increase of State Speed Limit in Certain Zones) by reducing the speed limit on Airline Road from 40 MPH to 35 MPH from Holly Road to Saratoga Boulevard; providing for publication; and providing for penalties. The foregoing motion failed by the following vote: Rhodes, Black, and B. Longoria voting "Aye"; Heldenfels, J. Longoria, Martin, and McNichols voting "No"; Best and Cooper absent. ************* Mayor Rhodes opened discussion on Item 18, speed limit reduction on Waldron Road. Council Member McNichols said this item is similar to the previous item, and he pointed out that Waldron Road is one of the few places where there is a smooth traffic flow. He said unless there Minutes Regular Council Meeting October 17, 1995 Page 18 were many traffic accidents occurring on Waldron Road, he did not see the need to change the speed limit from 40 miles per hour to 35 miles per hour. Mr. Seiler acknowledged that Waldron Road's situation was very similar to Airline Road's situation, with the exception being that Waldron is a little more congested than Airline. He added that a five -mile -per -hour reduction in the speed limit does not adversely affect travel time over a short distance. Dr. McNichols said he agreed with the speed limit change on Yorktown Road (Item 19, which was passed on first reading on the consent agenda). Council Member Heldenfels said he was opposed to this item for the same reasons he was opposed to the Airline Road proposal. Responding to Council Member Black, Mr. Seiler said there had not been any complaints from the residents about speeding on Waldron Road, but there were complaints from residents on Airline Road. Mayor Rhodes called for comments from the audience, and there were none. Assistant City Secretary Koenning polled the Council for their votes as follows: 18. FAILED TO PASS Amending the Code of Ordinances, Section 53-254, Schedule V, (Increase of State Speed Limit in Certain Zones) by reducing the speed limit on Waldron Road from 40 MPH to 35 MPH from Compton Road - Knickerbocker Road to Purdue Drive; providing for publication; and providing for penalties. The foregoing motion failed by the following vote: Rhodes and B. Longoria voting "Aye"; Black, Cooper, Heldenfels, J. Longoria, Martin, and McNichols voting "No"; Best absent. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Garza said the latest projections about tropical storm Roxanne indicate that it may hit the Texas coast on Friday morning. He also referred to a memo he had sent to the Council about the staffs mowing activities, commenting that many irate citizens have been complaining. He said he instructed staff to post signs at the city's work sites explaining that the city only uses reformulated gasoline or diesel engines to mow park areas, so they can resume their mowing activities. Mr. Garza reminded Council members that they are invited to a luncheon on October 24, 1995 hosted by the people organizing the Community Cultural Plan. He said staff would be presenting the annual Capital Improvement Program budget in the next few weeks. Minutes Regular Council Meeting October 17, 1995 Page 19 Mayor Rhodes called for Council concerns and reports. Council Member Martin pointed out that the city's Housing and Community Development Department continues to send out notices to property owners concerning overgrown weeds, when the same reasons (ozone alerts and rainy days) apply to citizens as they do to city staff for the lack of mowing activity. Council Member McNichols referred to an article in the Texas Municipal League publication concerning billing for emergency medical services, and he asked staff to investigate it. Council Member Heldenfels said he had had many complaints from citizens who said they had read in Saturday's newspaper about the proposed discussion of the Selena Memorial Committee's recommendations. They said that did not give them sufficient time to try to attend the day's meeting to address that issue. Mr. Garza replied that he tries to make sure that the Council has information prior to the media receiving it. Mr. Heldenfels reiterated his concern about discussing the recommendations while the trial is still being held. Council Member John Longoria forwarded a petition from people involved in Southside Youth Football and the problem of caleche there. Council Member Cooper announced a town hall meeting on October 23, 1995, at 6 p.m. at Elliott Grant Middle School, and she thanked Mr. Utter, Mr. Shackelford and Mr. Crull for their participation. Council Member Black asked if there were any suspects in the case of rocks being thrown at motorists on Ocean Drive. Mr. Garza said he would provide her with information. Mayor Rhodes called for petitions from the audience. Ms. Betty Brandesky, 4017 Cork St., said there seemed to be a lack of pesticide spraying recently. She also referred to the recommendations for memorializing Selena Quintanilla-Perez, saying that she thought the issue was going to be tabled until after Ms. Saldivar's trial. Also, she and many people thought there was just going to be one memorial to the Tejano singer, not three. She pointed out there have not been any cost projections for the proposed memorials, and Mayor Rhodes noted that no public funds will be used for the memorials --only private donations. Mr. Phil Rosenstein, 949 Bobalo, expressed concern about the impact of possible reduced federal spending for senior services. Minutes Regular Council Meeting October 17, 1995 Page 20 Mr. Leon Perez, 904 Buford, asked what entity determined ozone levels, and Mayor Rhodes replied that the state has air quality monitoring stations located around the city. Council Member John Longoria requested more information regarding implications for the city's budget if federal funds are cut for senior services. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 4:50 p.m. on October 17, 1995. * * * * * * * * * * * * *