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HomeMy WebLinkAboutMinutes City Council - 07/16/1996I 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 16, 1996, which were approved by the City Council on July 23, 1996. WITNESSETH MY HAND AND SEAL, this 23rd day of July, 1996 Armando Chapa City Secretary SEAL Mi ` U â–ºLMtU MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 16, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Dr. Jack Best Council Members: Betty Black Tony Heldenfels Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols ABSENT Melody Cooper City Staff. Acting City Manager Bill Hennings City Attorney James R. Bray, Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Best, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Black. 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 9, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, a presentation regarding the city-wide walking program, and she read a proclamation designating July 16, 1996 as "Walk This Way Day" in Corpus Christi. Mr. Joe Holt, President of the Corpus Christi Athletic Club, explained how the idea of a city-wide walking program came about, and he pledged the Athletic Club's ongoing staff support and $2,500 to initiate the program. Ms. Mary Jo Curry, Interim Marketing Director for the South Texas Division of Columbia Health Care, noted that Columbia is the exclusive medical sponsor of the exercise program. She said Minutes Regular Council Meeting July 16, 1996 Page 2 the "Walk This Way" program has been carefully planned to encourage a healthier community with the ability to measure the results with an initial health screening and periodic follow-up screenings. In addition, Columbia will offer financial support during the first year of the program, as well as assisting in securing other sponsorships for program incentives. Mr. Malcolm Matthews, Director of Park and Recreation, said the "Walk This Way" program will begin with walking programs at both malls in the mornings and a walking program on the bayfront in the evenings. The overall goal is to involve the whole community in some kind of walking program. He said the kick-off event will be held September 7, 1996, at Cole Park. The Mayor then introduced Judge Eduardo de Ases, who gave an update on the Community Progress Partnership (CPP). Judge de Ases said the CPP is in the second week of public meetings and a large amount of presentations have already been made. A second set of public meetings will be held to receive input on how to fund the proposed projects, and then CPP organizers will come back to the Council with specific recommendations for their consideration. He said they are hoping to encourage more participation by the public. Council Member McNichols noted that some city employees had addressed concems they had with their particular department during one of the CPP meetings, and he asked staff to respond. Acting City Manager Hennings replied that staff was preparing a written response which will be available to the Council and CPP organizers next week. Mr. Hennings said he understood that there had been some incorrect information provided at the CPP meetings, and staff will correct that. * * * * * * * * * * * * * Mayor Rhodes announced the closed session pursuant to Texas Government Code Section 551.074 regarding new City Manager selection. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Rhodes opened the public hearing on the proposed FY96-97 budget, and she called for comments from the audience. Ms. Blanca Rosa Garcia, a member of the Citizens Advisory Health Board, distributed a brief report of the five most urgent needs of the City/County Health Department, which she and two other board members discussed. Ms. Garcia said the needs include replacing the department's nine animal control vehicles and three transport cages for a total of $210,000. She said all nine trucks have over Minutes Regular Council Meeting July 16, 1996 Page 3 100,000 miles on them and often need repairs, thereby diminishing the department's ability to quickly respond to animal control calls. She also described the Health Department's need for an additional licensed vocational nurse who could perform both immunizations and clerical duties, at a cost of $22,885. Dr. Tone Johnson, Chairman of the Advisory Board, described the need for a community service aide at the Health Department's Sexually Transmitted Disease Clinic, at a cost of $17,357; and a computer network that will link the main Health Department at Horne Road with the three satellite clinics (Williams Drive, Flour Bluff and Robstown) and the local Texas Department of Health (TDH) clinic at Agnes., for a cost of $6,000. Dr. Johnson explained that the TDH has provided the local Health Department with a variety of computer equipment, and in order to complete the system, the leasing of eight integrated services digital network lines is needed. Mr. Tony Diaz, another member of the Advisory Board, discussed the Health Department's need for a new roof at its main facility on Horne Road; the cost is estimated at $250,000. He noted that the roof is 20 years old and has been repaired numerous times. In addition, replacement of the roof has been identified as one of the important unmet needs in the proposed FY96-97 budget. Council Member Betty Jean Longoria asked if the replacement of the animal control vehicles can be spread out over a period of years. Dr. Nina Sisley, Director of the Health Department, said that would be possible, although she noted that two of the trucks have over 200,000 miles and need to be replaced as soon as possible. Mrs. Longoria noted that additional areas have been annexed into the city, and Dr. Sisley said it is taking longer to respond to animal control calls. Responding to another question from Mrs. Longoria, Dr. Sisley said the city provides only two of the employees in the immunization clinic --the rest are provided either through state or county funding. Mrs. Longoria said she hoped that the Health Department's roof replacement could be funded through the Community Development Block Grant (CDBG) program. Dr. Sisley noted that they had previously requested CDBG funds for the roof but had not received that grant. In reply to Council Member Martin, Dr. Sisley stated that her staff had provided information that the annexations would affect animal control calls. She added that she also has the county animal control unit under her jurisdiction, and they operate in the county, although both the city's and the county's units work closely together. Mr. J.E. O'Brien, 4130 Pompano, said staff should review the decreasing rate structure of the industrial water rates. He said that in the FY96-97 preliminary budget, there were several references to the 75% rule in the General Obligation (G.O.) Debt Service Fund, but in the July 31, 1995 financial statement, the percentage in the Debt Service Fund was 72%. Mr. O'Brien also questioned whether the proposed budget had any provisions for the firemen's retirement shortfall, and he commented that public input on the budget was held to a minimum He added that he thought Minutes Regular Council Meeting July 16, 1996 Page 4 the FY96-97 budget contained a $2 million deficit, and the fund balance would need to be used in order to balance the budget. Mr. O'Brien stated that the proposed transfer of funds should have occurred earlier in the year, and he said the stormwater budget should be reviewed carefully. He then referred to comments made last week about the health insurance runoff amount, and he urged the Council to make budgets cuts where possible. Mr. Phil Rosenstein spoke on behalf of Senior Community Services, saying he was supportive of past and present programs but he warned that costs associated with senior citizens would increase and federal funding would decrease. He said the proposed increase for Senior Community Services was very necessary. Mr. R.F. Hasker, 1813 Wallace, criticized the proposed transfer of funds. He noted that there was a 6% increase in the combined utilities rates, and he said he opposed a half -cent sales tax. Council Member Heldenfels made a motion to close the public hearing, seconded by Council Member Best, and passed unanimously. Referring to a comment by Mr. O'Brien regarding public input, Mayor Rhodes noted that there are in excess of 36 city boards and commissions consisting of citizens who volunteer their time and who contribute to the budget process. Council Member Martin asked staff to provide brief answers where appropriate to the public comments that were made about the budget. In reference to some of those comments, Mr. Martin said the budget had no relation to a half -cent sales tax, which could only be instituted as a result of an election by the voters. He said the Reinvestment Zone is included in the Debt Service Fund in the year-end financial statement. Mayor Rhodes referred to Item 6, a special discussion about the FY96-97 budget and the capital improvement program (CIP). Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, explained that since the revenues of the Combined Utilities Fund are partially based on water sales, that fund is very sensitive to the drought, and staff has prepared the budget based on the assumption that the drought will continue; however, there is also a contingency budget in the event that the area receives rain. He said the proposed budget basically shows that the revenues will be flat even with a 6% rate increase, which is offset by reduced water sales. Mr. Crull said in the Water portion of the budget, staff has included the operational costs of the water wells, additional overtime to allow staff to respond as quickly as possible to water line Minutes Regular Council Meeting July 16, 1996 Page 5 leaks, as well as a public information program. In the Water Department, the budget includes four additional operators at the O.N. Stevens Water Treatment Plant, as well as additional personnel in the Stormwater activity to assist with the monitoring program and other aspects. He said in the Wastewater portion, the drought necessitates that additional personnel be budgeted on a temporary basis to assist in the distribution of effluent and the related record-keeping activities. Also, an additional foreman is being added in the maintenance of lines area so there is full coverage all week and on weekends, and staff is requesting an assistant plant supervisor at the Greenwood Wastewater Treatment Plant, which is a 6 million gallon per day plant. The Assistant City Manager said that when the preliminary gas budget was prepared, no major changes were expected; however, upon a subsequent meeting with the city's gas supplier, it was determined that costs will be somewhat higher and additional costs will need to be passed on to customers. Even so, Corpus Christi still provides the lowest gas rates of the major Texas cities. Mr. Crull then discussed the utilities capital improvement program (CIP), which also took into consideration the effect of the drought. Some projects have been moved up and others have been added, including rehabilitating some of the city's water wells; drilling new water wells; engineering and right-of-way costs for the pipeline from Lake Texana to Corpus Christi; and $15 million for the Garwood water rights purchase. He said the other CIP projects have been reevaluated and some have been delayed a year or more. Some of the more important projects that are included in the FY96-97 CIP are continuing the minor storm sewer improvements program; two major drainage projects (Up River Road and in the Salt Flats/Leopard/Brownlee area); utility relocations associated with street improvement projects; Broadway North trunk main project; structural and process modifications at the Oso Wastewater Treatment Plant; rehabilitation of the Greenwood trunk main; and rehabilitation of sludge facilities at the Laguna Madre plant; work at the Stevens water treatment plant relating to the sedimentation basins, sludge lagoons, and alternate power supply. One other area that has been added this year that was not in the CIP in previous years is some work at the Stevens plant related to the city's chemical handling facilities. The original facilities were built in 1954 and the safe handling of chemicals has changed over the years, necessitating additional monitoring and alarm systems, among other things. Mr. Crull said staff is recommending for the utilities capital improvement program a total of $64,525,000, for which bonds would be issued sometime in fall 1996. Council Member Heldenfels asked about the rehabilitation of the city's water wells. Mr. Crull replied that the wells are operated on a quarterly basis to ensure that they will run. However, some rehabilitation was necessary to guarantee that they would be able to operate 24 hours a day all year long. Also, some of the control equipment had been damaged by lightening strikes. Minutes Regular Council Meeting July 16, 1996 Page 6 Mr. Heldenfels also asked about the secondary containment building for the chemical loading dock, and Mr. Crull said staff would have the appropriate protective clothing and safety gear. Council Member McNichols requested more information about high priority projects in the CIP that are being forced to be deferred due to the effects of the drought. Mr. Crull said some drainage improvement projects that were deferred were: Up River Road; Texas/Indiana/Ohio streets; Tuloso School area; Mary Carroll Channel widening; drainage master plan for Mustang Island and the area south of FM 624; Bear Lane bridge replacement; and Rolling Acres subdivision, among others. Dr. McNichols pointed out that many of those drainage projects affect neighborhoods and businesses and have been needed for some time. He said that had the drainage utility been formed in January 1996 some of those projects might have been able to be financed. Mr. Crull then referred to the summary of the water capital improvement program, saying that some of the proposed projects include the Up River Road transmission main; alternate power supplies for the Holly Road reservoir and the Stevens plant; and utilities relocation; and he described some of the projects that are being deferred. Dr. McNichols asked how staff determined the amount of funding that would be needed for the drainage projects. Mr. Crull said staffs from the Combined Utilities (water, wastewater, gas and drainage), Engineering, and Capital Budget discussed which projects had the highest priority to maintain essential health and safety. Dr. McNichols emphasized that the city has a difficult budget situation with many limitations in the city's resources and funding capabilities. He said that more resources are needed in addition to the annual 6% utilities rate increase in order to fund the projects that need to be completed in the next 24 months. In response to another question from Dr. McNichols, Mr. Crull said that if the funding constraints did not exist, a way to fund the water pipeline could be some type of commodity charge where the costs would be distributed throughout the whole customer base, including city and county residents, raw water customers, and industrial customers. Dr. McNichols asked if Mr. Crull still felt that a separate drainage utility needed to be established to fund drainage projects. Mr. Crull said he has always maintained that from an equity standpoint and from a financial standpoint, a separate drainage utility should be established. Responding to Council Member Martin, Mr. Crull said the proposed transfer of $790,429 from the Combined Utilities Fund to fund the reserve for the drainage bonds was a one-time occurrence. Mr. Martin noted that the option to purchase the Garwood water rights ceases during the 1996-97 fiscal year, and he asked if that was taken into consideration. Mr. Crull said that the operating budget includes the option payments until the option ceases, and the capital budget Minutes Regular Council Meeting July 16, 1996 Page 7 contains $15 million scheduled for the bond sale to purchase the water rights, and the debt service is included in the debt service for all of the Combined Utilities Fund. Mr. Martin requested more information about the debt service on the water rights and the permitting and engineering expenses for the transfer of water from Lake Texana. Mr. Hennings noted that the Garwood option payment is a monthly payment, and a brief discussion ensued. In reply to Mr. Heldenfels, Mr. Crull said the capital budget includes $6 million in FY96-97 for the engineering and right-of-way acquisition associated with the water pipeline, and $114 million in FY97-98 for construction of the pipeline. Mr. Heldenfels said he thought it will take much longer to build the pipeline than staff estimates. Mr. Hennings said Koch Refining had just submitted their report about the pipeline, and their assessment is that the construction schedule can be met. Mr. Crull said staff considered multiple contracts for construction of the 104 -mile pipeline, and Mr. Heldenfels questioned the estimate. Dr. McNichols said the report from Koch was a preliminary report that considered many options; however, it showed that the pipeline could be constructed in the event that the drought continues and the reservoirs are depleted. He said the Regional Water Supply Task Force would study the report at its meeting on July 17, 1996, and he added that this project needed to be included in the budget as much as possible now, with the understanding that there would be some changes made. Mr. Hennings summarized the questions that the Council had raised about the budget, and said staff would provide reports on those issues to be discussed (and acted upon where necessary) at next week's Council meeting: current year adjustments; health insurance savings; reserve for commitments for firefighter retirement pay and other elements in that account; bond rating agency concerns and a possible related resolution; a possible pay raise for non-union employees; a proposal for some replacement equipment for General Fund departments; and an update on revenue sources, particularly sales taxes, property taxes and the Central Power and Light franchise fee. Mr. Martin also requested more information regarding the transfer from the Combined Utilities Fund to the G.O. Debt Service Fund for the 75% coverage, which in turn has some effect on the General Fund. He also asked staff to discuss that issue with the city's auditors. Mr. Martin asked that staff review the Community Development funds to determine a funding source for the Health Department's roof replacement. Dr. McNichols commented that the Council probably all accepted the proposed budget transfers and adjustments but were probably uncomfortable with them. He asked if other revenue sources needed to be considered in the future, since those were one-time adjustments. Mr. Hennings said staff is reviewing the current taxes that are being paid and whether or not they are being used most effectively. He said there are two examples where city residents pay taxes, Minutes Regular Council Meeting July 16, 1996 Page 8 of which most (if not all) of the funds are used outside of the city limits: a 50 -cent per month tax on telephone bills, which is slated for public safety communications services; and a $10 road and bridge fee when automobile licenses are renewed at the county. Council Member Best said he had just attended a meeting in Austin, and the Texas Municipal League indicated that it will support legislation that will, either by local option or other means, allow the cities to keep some of the road and bridge fees. Council Member Betty Jean Longoria suggested that stronger action needed to be taken to attempt to retain some of the road and bridge fees within the city, such as discussing it with the city's legislative delegation. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 7 through 25, and Council Members requested that Items 9, 10, 18, 19, 20, and 21 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 7. M96-206 Motion approving the purchase of a used aerial work platform in accordance with Bid Invitation No. BI -0133-96 from Anderson Machinery, Corpus Christi, Texas on the basis of low bid of $39,950. The equipment was budgeted by the Aviation Department in the 1995- 96 Capital Outlay as additional equipment. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 8. M96-207 Motion approving the purchase of four centrifugal scum pumps in accordance with Bid Invitation No. BI -0253-96 from W.D. Graue, Inc., Dallas, Texas on the basis of low bid in the amount of $27,904. The pumps are for Wastewater Services and are budgeted in the 1995-96 Capital Outlay as replacement equipment. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 1 Minutes Regular Council Meeting July 16, 1996 Page 9 11. M96-210 Motion awarding a contract in the amount of $66,500 to R.S. Black Civil Engineers and Contractors/Machinery and Materials, Inc., a Joint Venture, for the Laguna Madre Wastewater Treatment Plant: Grit Removal System Replacement. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 12. M96-211 Motion awarding a contract in the amount of $22,140 to S&K, Inc. for East Entry and Plaza Concrete Flatwork at the Columbus Fleet Shipyard. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, Martin, and McNichols voting "Aye"; J. Longoria abstaining; Cooper and B. Longoria absent. 13. M96-212 Motion awarding a contract in the amount of $77,775.02 to Industrial Service, U.S.A., for the Wastewater Cleanout Installation Program - 1995-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 14. M96-211 Motion awarding a contract in the amount of $294,000 to R.S. Black Civil Engineers for the Broadway Wastewater Treatment Plant: Backwash Filter Rehabilitation 1996. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 15. M96-214 Motion awarding a contract in the amount of $47,239 to Quality Machine and Equipment for the Broadway Wastewater Treatment Plant: Replacement of Retum Flow Reconditioner Pumps - 1996. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Minutes Regular Council Meeting July 16, 1996 Page 10 Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 16. M96-215 Motion authorizing the City Manager to execute a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) to permit the construction, maintenance, and operation ofa Public Turnaround on U.S. Highway 181 right-of-way under the Ship Channel bridge at the intersection of Chaparral and Mesquite Streets. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 17. M96-216 Motion authorizing the City Manager or his designee to apply for and to execute all necessary documents for continued financial assistance through the Texas General Land Office for beach cleaning and life guarding on Padre Island during FY 95-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 22. ORDINANCE NO.022637 Authorizing the City Manager or his designee to execute a one year lease with ERA Aviation, Inc. to provide helicopter services in the provided 300 square feet of Hangar One at $450 per month plus an additional $100 per month per based aircraft for apron fee. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 23. ORDINANCE NO. 022633 Authorizing the City Manager, or his designee, to execute an assignment of Hangar and Fixed Base Operator lease from Raytheon Aircraft Services, Inc. to Mercury Air Group, Inc.; and Amendment No. 1 to the lease between City of Corpus Christi and Mercury Air Group, Inc. for a term ending October 13, 2009, for an area approximately 1,250 feet by 350 feet adjacent to Pinson Drive, in consideration of annual rental of $.12 per square foot for improved space, $.05 per square foot for unimproved space, 33 and 1/3% of parking or tie - down income, and $.0625 per gallon of fuel purchased by Mercury; and providing for publication. Minutes Regular Council Meeting July 16, 1996 Page 11 The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 24. ORDINANCE NO. 022634 Authorizing the City Manager or his designee to execute a five year lease with Bayfest, Inc. for the purpose of conducting a festival and related activities on the sidewalks, medians, and seawall along Shoreline from I1137 to the Convention Center complex in consideration of paying the greater of 4% of gross receipts or the cost of City services for event support, having exclusive use for three days and nonexclusive use for nineteen days during a set period for each of five years beginning September 11, 1996; providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 25. ORDINANCE NO. 022635 Authorizing the City Manager or his designee to execute a five year lease with Juanita S. Anaya for concession operations in 1,600 square feet at the Oso Beach Municipal Golf Course, at a monthly payment to the City of 13% of gross sales or $900, whichever is greater; providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 9, purchase of Fire Department equipment. Council Member McNichols asked staff to elaborate on these purchases. Fire Chief J.J. Adame said they included two pumper trucks and one fire rescue truck. He said staff had rewritten the specifications regarding the pumper trucks in order to provide the Fire Department with the necessary tools and equipment for well into the next century. He noted that this will be the first purchase of a rescue truck for the Fire Department, and it will handle all the specialized equipment that is needed for rescues. Mr. Hennings commented that one of the pumper trucks is part of the city's replacement program for equipment, and the second pumper will be used for the new fire station that will be Minutes Regular Council Meeting July 16, 1996 Page 12 constructed on Rodd Field Road and should be in service by the end of the year. Council Member Martin said that some years ago pumper trucks were designed by individual fire departments at a very high cost. Eventually cities and fire departments worked together to draft standard specifications, which greatly reduced the price of fire trucks and the lead time required to purchase them. Mr. Martin said this proposal appears to be reverting to the previous method of purchase since the city is paying 25% more for each truck due to the specifications. He asked why a standard truck would not suffice in Corpus Christi. Chief Adame said it was basically a standard truck in that it contained the rescue body, which was chosen because of the type of calls and equipment that the Fire Department responds to, such as medical calls, hazardous materials calls, and light rescue calls. In addition, the bronze pump was specified since a cast iron pump on another pumper truck is having to be replaced at a cost of almost $8,000. Chief Adame further described the equipment contained on the trucks. Mr. Martin pointed out that the city is behind in the replacement of rolling stock in all the departments --including the Fire Department --and he questioned whether these specifications were really necessary or just amenities. He said additional equipment could have been purchased with the funds that are required to purchase these more expensive fire trucks. He also questioned what other fire departments, that are experiencing similar budget constraints, were paying for their equipment. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M96-208 Motion approving the purchase of one fire rescue truck, two pumper trucks, and the basic tools and equipment for the pumper trucks in accordance with Bid Invitation No. BI -0170-96 to the following firms. Awards are based on low bid, best bid, and low bid meeting specifications. The equipment is budgeted in the 1995-96 budget. The rescue truck will be funded through the City's contract with GE Capital for lease/purchase; one pumper truck is included in bond funds for the new Fire Station No. 4 at Rodd Field Road; and one pumper truck is budgeted in the 1995-96 Capital Outlay. The rescue truck and one pumper truck are additional; the other pumper truck is replacement. Emergency One, Inc. Vallen Safety Casco Industries Ocala Florida Cerus Christ. Tx. Pasadena. Tx. Rescue Truck Bid Items: 3.1, 3.5, Bid Items: 3.2, 3.3, 3.4, 3.6, 3.7 Pumper Trucks 3.11, 3.12, 3.21, 3.24 3.8, 3.10, 3.18, 3.19, 3.22, $560,076.00 $24,608.60 3.23, 3.25, 3.26, 3.31, 3.32 $35,075.00 Minutes Regular Council Meeting July 16, 1996 Page 13 Southern States, Inc. Ericsson, Inc. Houston. Tx. Portland_ Tx. Bid Items: 3.9, 3.13, 3.14, 3.15, 3.16, 3.17 Bid Items: 3.27, 3.28, 3.29, 3.39 $5,454.00 $11,110.00 GRAND TOTAL OF AWARDS: $636,323.60 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 10, supply agreements for gas meters. Responding to Council Member Black, Mr. Crull said the city has a program of rehabilitating gas meters to ensure that they are accurate, and some of the new meters would be rotated into that program, while other meters will be used for new service. Mrs. Black asked if the city was expanding its Gas Department to include gas hook-ups in new construction. Mr. Crull said the city has an extensive marketing program to encourage builders to use gas in their new homes. He said he would provide more information. In reply to another question from Mrs. Black, Mr. Hennings said in a typical new residential subdivision, the gas mains are included when the subdivision is built, and some houses may have gas and some may not. Usually during the first few years after people move into the subdivision, there are a number of requests to convert to gas. Council Member Martin requested information about how many new homes in the last 12 months had gas when they were built and how many converted to gas. He expressed concern that the trend was in the opposite direction away from gas use. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M96-209 Motion approving supply agreements for approximately 2,108 gas meters with the following companies in accordance with Bid Invitation No. BI -0208-96 based on low bid and low bid meeting specifications for an estimated annual expenditure of $164,294. The term of the agreements shall be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted for FY 95-96 and requested for FY 96-97 by the Gas Department. Minutes Regular Council Meeting July 16, 1996 Page 14 Schlumberger Gas Division Owentown. Kentucky Items 1, 3, 4 - Low bid $111,950 American Meter Co. Plano. Texas Item 6 - Low bid meeting specifications $9,844 McGinnis Ind. Houston. Texas Items 2, 5, 7 - Low bid and low bid meeting specifications $42,500 GRAND TOTAL - $164,294 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Items 18 and 20, regarding the control and study of ozone levels and air quality. Responding to Council Member Martin, Mr. Hennings referred to a change that is being proposed in the Flexible Attainment Region Memorandum of Agreement. He said the sentence that would be deleted reads: "During the period of time when this Agreement is in effect, the urban airshed in Nueces and San Patricio Counties will not be designated nonattainment with the National Ambient Air Quality Standard for ozone." The sentence that would replace it reads: "For the period of time during which this agreement is in effect, whenever enforceable control measures are implemented in accordance with this agreement, an adequate opportunity will be provided to evaluate the effectiveness of the enforceable measures in maintaining the National Ambient Air Quality Standard for ozone, prior to initiating a change in the attainment status of the Nueces and San Patricio counties urban airshed. The parties agree to consult on the appropriate time periods and methods for evaluating effectiveness of enforceable measures." He said that change resulted from discussions that the Air Quality Committee members had with representatives from the Environmental Protection Agency (EPA), who were adamant that they could not agree to language that flatly stated that they would not redesignate nonattainment. However, the EPA did agree to the language proposed by the committee regarding consulting on the time periods. He said the EPA established a timeline which illustrated how a worst-case scenario would play out. Mr. Martin asked if the timeline was attached to the agreement, and Mr. Hennings said it was not. Mr. Martin expressed concern that the exclusion of the timeline would be a disadvantage to the city. Mr. Hennings said he was certain that the timeline accurately reflects the language in the Minutes Regular Council Meeting July 16, 1996 Page 15 agreement; the only assumptions are about the length of time for the state to go through the state implementation plan modification process. A brief discussion ensued regarding specific dates in the timeline. Mr. Martin commented about steps the city has already taken to reduce ozone levels, while it has received only minimal relief from the EPA. Mr. Hennings pointed out that one of those steps -- the use of clean -burning gasoline --probably allowed the city to avoid incurring an exceedence of the ozone standards. In addition, the agreement gives the local community strong input in the decision- making process, which otherwise would not be included due to the way the law and regulations are written. Mr. Martin said if the Council were to adopt this agreement, he suggested that the timeline be attached in some form, such as a letter of transmittal stating to the effect that "it is our interpretation of the agreement that this timeline is an example of how the agreement is set forth." Mr. Hennings said he thought staff could do what Mr. Martin suggested. Council Member John Longoria asked if Exhibit D ("Ozone Action Day Plan for the City of Corpus Christi") was a binding part of the agreement. Mr. Hennings replied that it was not binding, but rather it was an illustration of the kinds of actions that could be taken. Mr. Longoria commented that the Ozone Action Day Plan contained several steps for the city to take, but only a few for the Regional Transportation Authority, and he said he thought the RTA, the school districts and the counties could take more steps to reduce ozone levels. Mr. Hennings said the city's plan was included because staff had developed a written plan, but the other agencies had not done so. Mr. Longoria suggested that the Air Quality Committee follow up with those entities in further developing their ozone action day plans. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 18. M96-217 Motion approving a Flexible Attainment Region Memorandum of Agreement with the U.S. Environmental Protection Agency, the Texas Natural Resource Conservation Commission, and other local government entities. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 20.a. ORDINANCE NO. 022630 Ordinance amending the FY 1995-96 Budget, adopted by Ordinance No. 022279 by adding Minutes Regular Council Meeting July 16, 1996 Page 16 $176,666, received from the Texas Natural Resource Conservation Commission, to Fund No. 162 Federal/State Grants Fund; appropriating $176,666 from Fund No. 162, Federal/State Grants Fund to conduct air quality planning activities. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. 20.b. M96-219 Motion authorizing the City Manager to execute an agreement with the Texas Engineering Experiment Station in the amount of $176,666 for the Corpus Christi Ozone Near Non - attainment Area Research Study. The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. *********** Mayor Rhodes opened discussion on Item 19, Ennis Joslin Road and Nile Drive project. Council Member McNichols asked if the city's work was going to be on schedule to allow the Texas Department of Transportation (TXDOT) to begin its work in February 1997. Mr. R.H. Shackelford, Director of Engineering Services, said the city should not cause TXDOT any delays at this point in time. Dr. McNichols said there may be the possibility of increased accidents in that area because of the poor quality of the roadway. Dr. McNichols also expressed concern about increased traffic on Ennis Joslin due to the implementation of the distribution of effluent at the Oso Wastewater Treatment Plant. Mr. Crull said Street Maintenance personnel would examine those sections and make necessary temporary repairs. He said he was aware of only a few commercial haulers who requested permits for effluent use, and no homeowners. Mayor Rhodes pointed out that the city has not yet started rationing water. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 19. M96-218 Motion authorizing the City Manager to execute a contract for engineering services for the Spur 3, Phase II: Ennis Joslin Road Utility Adjustments and Nile Drive improvements project with Naismith Engineering, Inc. for a fee not to exceed $143,818. r Minutes Regular Council Meeting July 16, 1996 Page 17 The foregoing motion passed by the following vote: Rhodes, Best, Black, Heldenfels, J. Longoria, Martin, and McNichols voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 21, sexually oriented businesses amendment. Council Member John Longoria said the proposal was to require requests for extension of the seven-year amortization period to be submitted prior to January 31, 1997. City Attorney Bray said that would be when financial data is available on the business' investment, and that would be the best time to determine the issue. Mr. Longoria asked what would happen if the adult business owner sold his business in five years. Mr. Bray said that in that case, the new investment (if any) would not count for an extension; the extension only relates to the investment at the time the original ordinance was passed. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 022631 Amending the Code of Ordinances, City of Corpus Christi, Chapter 48, Sexually Oriented Businesses by requiring requests for extension of the seven year amortization period to be submitted prior to January 31, 1997; by deleting the requirement that prior to issuing a permit, an applicant's spouse must not have committed a felony, sexually related crime within the last five years or a misdemeanor sexually related crime in the past two years; by deleting the provisions whereby a permit may be revoked if a permitee's spouse is convicted of a felony sexually related crime or a misdemeanor sexually related crime during the permit period of the sexually oriented businesses; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Rhodes, Best, Black, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Rhodes announced the following closed sessions: Item 26 - closed session pursuant to Texas Government Code Section 551.074 regarding contract negotiations with the Corpus Christi Firefighters Association; and Item 27 - closed session pursuant to Texas Government Code Section 551.071 regarding Odelia Benavidez, et al v. Chemical Waste Management, et al, No. 95-4968-C, Minutes Regular Council Meeting July 16, 1996 Page 18 94th District Court, Nueces County, Texas. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Rhodes called for the City Manager's report. Mr. Hennings announced that the Committee on Resources' Subcommittee on Water and Power Resources would be having a hearing in the Council Chambers on July 19, 1996 at 11 a.m. regarding emergency drought conditions affecting reclamation facilities in Texas. He said Congressman Solomon Ortiz has said he hopes the city can provide testimony at the hearing that will support the need for Congress to assist the city in this matter. He said one option they are considering is adopting a moratorium on payments on the Choke Canyon debt for a few years to allow the city to secure its water supply. Council Member Best asked if the Council members should attend the hearing, and Mr. Hennings said they would take the same approach as at a previous hearing regarding Lake Texana water use. He said Mayor Rhodes was asked to be included as a member of the panel. Mr. Hennings said the Texas Natural Resource Conservation Commission will meet in Corpus Christi at 1:30 p.m. on July 26, 1996 at Texas A&M University -Corpus Christi in the Natural Resources Building. He said the purpose of the meeting will be to approve the Flexible Attainment Region Memorandum of Agreement on behalf of the state, and they have also invited EPA officials to attend and to participate in a signing ceremony of the agreement. Mr. Hennings added that items scheduled for next week's Council meeting include: a budget workshop; the first reading of the ordinance adopting the budget; a presentation by the Drainage Utility Ad Hoc Committee; and a presentation by the Regional Water Supply Task Force. * * * * * * * * * * * * * Mayor Rhodes called for Council concerns and reports. Council Member Black said a citizen complained that she had not had any input into a sidewalk being constructed in front of her home. She asked if people were notified of the construction of sidewalks. Mr. Hennings replied that when there is a bond election, money is provided for curb, gutter and sidewalk improvements based on petitions that were previously submitted by citizens. Mrs. Black said this situation regarded a CDBG project. Mr. Crull stated that staff normally does not notify citizens if they are just surveying within the public right-of-way. If for some reason additional right-of-way needed to be acquired, then a citizen would be notified. Minutes Regular Council Meeting July 16, 1996 Page 19 They would also be notified after the bids were received and through the assessment process, whereby owners would be notified of the public hearing for the assessment. Mr. Crull said he would meet with Mrs. Black to discuss the issue further. Mayor Rhodes noted that she would not be able to attend the TNRCC meeting on July 26. Council Member John Longoria requested more information concerning a proposed motion for the August 27 Council meeting about the Southwestern Bell/Weed and Seed program. He said in September action is scheduled on a lease agreement with Xerox for City Hall copiers. Mr. Hennings said he would review that. Council Member Best wished Council Member Cooper a speedy recovery. 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 6:35 p.m. on July 16, 1996. *************