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HomeMy WebLinkAboutMinutes City Council - 05/20/1997I 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 May 20, 1997, which were approved by the City Council on May 27, 1997. WITNESSETH MY HAND AND SEAL, this 27th day of May, 1997 Armando Chapa City Secretary SEAL MICROFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 20, 1997 2 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Betty Jean Longoria Council Members: Jaime L. Capelo Jr. Melody Cooper Alex L. Garcia Jr. Arnold Gonzales John Longoria Dr. David McNichols Edward Martin City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Richard Speer, St. Andrews Episcopal Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member McNichols. 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 Neal called for approval of the minutes of the regular Council meeting of May 13, 1997, and the special Council meetings of May 12, May 13, May 14, and May 15, 1997. There being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Ed Hecht, 5429 Whitemarsh Dr., discussed the need for more adult school crossing guard locations, particularly at the site of a new elementary school to be opened in August; at Club Estates Elementary; and at Allen Elementary. He presented petitions from parents of the students who will be attending the new elementary school. Mr. J.E. O'Brien, 4130 Pompano, referred to comments he had made during the May 13, 1997, Council meeting regarding the customer charges on each of the city's bills from Central Power and Light. He said he misspoke in describing the amount of those customer charges; they actually Minutes Regular Council Meeting May 20, 1997 Page 2 amount to upwards of $4,000 per month and $40,000 annually. He suggested that the Council consider a fiscal audit of CPL having to do with a retrofit and fiscal matters. He said the city is paying between 5 cents and over 47 cents per kilowatt hour, and he thought the city could consider retaining a consultant who would be paid a percentage of the savings that may be realized through such an audit. Mayor Neal replied that he had called CPL representatives last week concerning Mr. O'Brien's comments about the customer charges, and he said they are looking into the matter. Mr. Roy Martinez, 1440 Dahlia, asked about the status of the Community Progress Partnership (CPP). He questioned whether the "Martinez Initiative" was included in the CPP. He said he thought the Martinez Initiative could be considered as a viable alternative to the CPP. The initiative would include improved lighting and a plan to retire the debt with G.E. Capital. Mayor Neal stated that a formal presentation for the new Council of the CPP would be held during the June 3rd workshop. Mr. Glynn Pugh, 725 Harrison, suggested that the Council appoint a committee of about six people in the community to discuss the buy-out program on Refinery Row. He said the committee could help mediate that complicated situation. Mayor Neal said he has asked City Manager Hennings to help compile information about the buy-out program to provide to the Council members. He added that Council Member Betty Jean Longoria has taken a leadership role in that effort because the area lies within her district. Mr. George Balli, Founder and Executive Director of the Tejano Academy of Fine Arts, noted that the Art Museum of South Texas, The Center for Hispanic Arts, and the Creative Arts Center had merged to form the South Texas Institute for the Arts. He said the Tejano Academy of Fine Arts, which does not charge for its cultural services, is attempting to secure a building to provide lessons in the fine arts and an area for performances. Council Member Gonzales asked Mr. Balli if the Tejano Academy of Fine Arts could utilize the Center for Hispanic Arts. Mr. Balli replied that he had approached officials at that center but his organization was denied access because they were seen as a threat to the center's funding sources. Council Member Cooper complimented Mr. Balli for his work, saying she is familiar with the organization through its involvement with the Mayor's Task Force on Youth Violence. Mr. Leon Perez said he was not able to comment on an item on last week's agenda concerning the city's depository services contract with Frost National Bank, which he criticized. * * * * * * * * * * * * * Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the Minutes Regular Council Meeting May 20, 1997 Page 3 following appointments were made: Library Board Elia Gutierrez (Reappointed) Vera McGonigle (Reappointed) Sue Stanford (Reappointed) Patty Nuss Water Conservation Adv. Committee Capt. Anthony Alejandro (Reappointed) Sandra Almanza (Reappointed) Dr. Russell Miget (Reappointed) Dan Davis (Reappointed) Eugene Urban (Reappointed) Caralee Dibble (Reappointed) Robert Johanson (Reappointed) Ray Allen (Reappointed) * * * * * * * * * * * * Senior Companion Program Adv. Cmte. Gilbert Salinas Barbara Young Water/Shore Advisory Committee Trian Serbu (Reappointed) Robert Forest (Reappointed) Mercedes Salinas (Reappointed) William McDowell (Reappointed) * City Manager Hennings said the next item was the monthly report on the Lake Texana pipeline project. Mr. Frank Brogan, Director of Engineering for the Port of Corpus Christi, used visual aids to illustrate the progress on the pipeline project. He discussed project staffing; right-of-way acquisition efforts; pipeline design and construction; pump stations; river crossings; financing; and the completion status. Mr. Brogan noted that the construction schedule had a two-month buffer built into it, most of which has already been used up by recent rain delays. However, project officials are still optimistic that the pipeline will be completed on time by May 1998. He said the contractor, Pate and Pate, has a fairly high target rate for pipe installation. He also noted that the low bidder for one of the pump stations was below budget and will soon be awarded, and late June is the anticipated bid opening for the directionally drilled river crossing at the Guadalupe River and the Victoria Barge Canal. Responding to Council Member Gonzales, Mr. Brogan said at least half of the design work and about three-quarters of the surveying is being performed by local firms. Mr. James Dodson, Regional Water Director, said Mr. Jerry Kane, Co -Chairman of the Regional Water Supply Task Force, was unable to attend the Council meeting. Mr. Dodson said the task force was charged with the development of the Lake Texana pipeline and investigating other sources of additional water supplies for this region. To do that, the task force formed a Minutes Regular Council Meeting May 20, 1997 Page 4 subcommittee to look into different alternatives, with the main one being desalination of sea water. Mr. Dodson introduced Mr. Gerald Vaughn, Chairman of the Subcommittee on Desalination. Mr. Vaughn said city leaders exercised great foresight in acquiring water from Lake Texana and the Garwood Irrigation Company, and equal foresight will be required as the city looks ahead to future water supplies to secure the region's growth. With regard to desalination, he said the committee is investigating the following issues: the feasibility of utilizing that process in Corpus Christi; the point in time that desalinated water might be affordable; and a process to determine answers to pertinent questions associated with desalination. Mr. Vaughn discussed the work completed by the Desalination Subcommittee last year and the actions taken by the Regional Water Supply Task Force. He noted that last week the task force voted to recommend to the Council that the city contract with Texas A&M University -Corpus Christi (TAMU-CC)to conduct the proposed desalination research. The task force also formed a desalination steering committee which will assist the city in negotiating such a contract. Council Member McNichols, Co -Chairman of the Regional Water Supply Task Force, discussed the importance of conducting a study of desalination of sea water. Dr. Robert Furgason, President of TAMU-CC, said the university will gladly work with the city in preparing a comprehensive study of desalination. He said Dr. James Bonner from Texas A&M University -College Station has been hired to head TAMU-CC's Blucher Institute and he will head up the study team. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, Oso Wastewater Treatment Plant project. City Manager Hennings said that last week the Council had asked staff to review the bids and the bid specifications for this project because the difference in the lowest and second lowest bids was only $200, and the second lowest bidder is located in Corpus Christi. He said the Council received the report from Mr. R.H. Shackelford, Director of Engineering Services, and staff concluded that they could not find an economic reason to overcome the $200 difference in the bids. Consequently, staff was continuing to recommend that the contract be awarded to the low bidder. Responding to Council Member Martin, City Attorney Bray said the Local Government Code requires that awards be made to the lowest responsible bidder, which is a stricter standard than the "best bid" standard which applies to some other governmental entities. Mr. Martin asked about the consequences if the Council awarded the contract to the second lowest bidder. Mr. Bray replied that they would be subject to a challenge by the lowest bidder and they would need to show some basis for taking that action. Minutes Regular Council Meeting May 20, 1997 Page 5 Council Member McNichols said the issue of minority participation has come up in recent discussions with representatives of other agencies, and he asked staff to address it. Mr. Hennings said staff plans to make a detailed presentation during the June 3rd workshop about the city's procurement and contracting policies. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, then briefly discussed minority requirements on the city's construction contracts, in particular this project. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. M97-118 Motion authorizing the City Manager or his designee to execute a contract in the amount of $194,500 with R.M. Wright Construction for the Oso Wastewater Treatment Plant: Bar Screen Replacement Project, Phase 2. The foregoing motion passed by the following vote: Cooper, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Capelo, Garcia, and Martin voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, speed limit reduction on Waldron Road. Mr. Hennings said staff provided the Council with a memo concerning actions that have been taken to improve safety in the Flour Bluff School area and along Waldron Road. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 022929 Amending the Code of Ordinances, Chapter 53, Traffic, Article VIII - Schedules, Section 53- 254, Schedule V -- Increase in State Speed Limit in Certain Zones by reducing the speed limit on Waldron Road on the following street sections: from 40 MPH to 35 MPH between a point approximately 1,500 feet north of Purdue Drive and Purdue Drive; and from 45 MPH to 40 MPH between Caribbean Drive and Yorktown Boulevard. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting May 20, 1997 Page 6 Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 6 through 23, and Council Members requested that Items 6, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, and 21 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 7. M97-120 Motion approving supply agreements for approximately 29,000 feet of Sch. 40 PVC pipe ranging in size from 1/2" - 12"; 16,000 fittings; and miscellaneous cements and primers in accordance with Bid Invitation No. BI -0145-97 with the following companies for the following amounts based on low bid for an estimated annual expenditure of $60,920.16. 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 in FY 96-97 and have been requested for FY 97-98. San Antonio Plumbing Noland Company Corpus Christi. Texas Corpus Christi Texas Pipe and fittings Fittings, primers, cements $35,713.21 $25,206.95 Grand Total - $60,920.16 The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 8. M97-121 Motion approving the purchase of six sludge containers and three container dollies in accordance with Bid Invitation No. BI -0108-97, from Wastequip May Fab, Beeville, Texas on the basis of only bid of $27,600. The containers and dollies are used by the Wastewater Services Department for handling sludge and grit in the Broadway and Oso wastewater treatment plants, and are budgeted in the 1996-97 Capital Outlay. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 11. M97-123 Motion approving the purchase of a Compost Trommel Screen from Stewart & Stevenson, Inc., Houston, Texas, for $128,745 in accordance with Bid Invitation BI -0158-97 based on low bid. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Minutes Regular Council Meeting May 20, 1997 Page 7 Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 20.a. ORDINANCE NO. 022932 Ordinance appropriating $129,894.24 from interest earnings and bond issuance premium in the No. 577 Bayfront Arts and Sciences Capital Projects Fund; authorizing the transfer of $270,125 from the No. 577 Bayfront Arts and Sciences Capital Projects Fund into the No. 300 General Obligation Debt Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 20.b. ORDINANCE NO. 022933 Ordinance appropriating $199,243.17 from interest earnings and bond issuance premium in the No. 587 Bayfront Arts and Sciences Capital Projects Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, 13. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute five year lease with Tejas Bowmen Archery Club for approximately 40 acres of City Property along Allison Drive designated as tracts "A" and "B", Nueces View Tracts, for an archery range in consideration of Tejas Bowmen Archery Club maintaining the premises. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 23. ORDINANCE NO. 022934 Authorizing the City Manager or his designee to execute approximately a fourteen month Use Agreement with AT&T Communications, Inc., to provide credit card pay telephone services to various City facilities for a 20 percent commission, with the option to extend for five additional one-year terms. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting May 20, 1997 Page 8 Mayor Neal opened discussion on Item 6, purchase of mowing equipment. Council Member McNichols said he did not object to the purchase of this equipment, but his concern regarded the growing list of payments through the lease/purchase agreements. He said lease/purchase agreements made sense for large pieces of equipment, such as ladder trucks, but not smaller pieces of equipment. He questioned why this equipment could not be purchased outright in order to save on interest payments. Mr. Hennings said that when staff was preparing the budget last year there was not any replacement equipment in the General Fund, and the Council asked staff to prepare a short list of the most urgently needed equipment that could be obtained through lease/purchase. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said he agreed with Dr. McNichols' comments, and he suggested that the Council revisit its lease/purchase policies. He said as the Council continues to utilize lease/ purchases, it makes the budget process even more difficult. He suggested that the Council consider an interdepartmental transaction. He noted that according to the city's financial statement, the Utility Department has over $130 million in cash in short-term instruments. He asked if it would be legal to use utility funds to purchase this equipment for the Park and Recreation Department, and repay the utility fund out of the Park and Recreation budget with interest. Mayor Neal said the Council would be reviewing the lease/purchase agreements during the budget workshop and they would consider Mr. O'Brien's suggestion as well. City Secretary Chapa polled the Council for their votes as follows: 6. M97-119 Motion approving the purchase of mowing equipment consisting of one 48" riding mower, three 72" riding mowers, one utility tractor with mower, and one 10.5' rotary mower in accordance with Bid Invitation No. BI -0139-97, from the following firms based on low bid and low bid meeting specifications. Two of the riding mowers and the 10.5' rotary mower, totaling $46,228.40 are Park and Recreation Department and will be funded through the City's lease purchase contract with GE Capital. The remaining equipment, totaling $29,668.00, will be used by Water and Wastewater Departments and funding is provided through the Maintenance Services FY 96-97 equipment fund. Turf and Irrigation Hardware Corpus Christi Bid Item 1 Award Total: $4,990.00 Goldthwaites of Texas San Antonio Bid Item 2 - $26,043.00 Bid Item 4 - $28,866.40 Award Total: $54,909.40 Grand Total of Awards: $75,896.40 Coastal Plains Equipment Cornus Christi Bid Item 3 Award Total: $15,997.00 Minutes Regular Council Meeting May 20, 1997 Page 9 The foregoing motion passed by the following vote: Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Capelo, Garcia, and McNichols voting "No"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, supply agreements for coarse paper items. Council Member Garcia questioned why the low bidder for toilet tissue, National Sanitary of Corpus Christi, was not being recommended, while Gulf Coast Papers of Corpus Christi was being recommended. Mr. F.D. Glenn, Purchasing Agent, explained that this was a recommendation from the Joint Governmental Purchasing Group, and he would have to verify that recommendation with that organization. Mr. Hennings suggested that this item be postponed to allow staff to investigate it. Council Member Garcia made a motion to table Item 9, seconded by Council Member Martin, and passed unanimously. 9. POSTPONED $79,507.48. This -represents the City's pertiai e€areeepetativcpurehasii.g cffert by th., Joint Funds an, budseted in FY 1996-97 and lra%e Ken -requested fur FY 97-98. N,.t:enwidc P,.p.., s San A„ . '. TX Te.s„ls, wipers, cups, toilet peat --v--- $ 44,827.92 N,.t;e..al Sa,.aa. Cereus Christi. TX Corpus Ch1L t;. TX tlat.J.er-paper Teil..t t;.,s,.e, sanitary paper $ 767.00 Total $79,507.48 * * * * * * * * * * * * * 533,912.56 Mayor Neal opened discussion on Item 10, award of a street sweeping contract. Council Member Martin questioned a statement in the agenda material which said that requirements mandated by the Environmental Protection Agency (EPA) regarding storm water Minutes Regular Council Meeting May 20, 1997 Page 10 continue to necessitate street sweeping. Mr. Hennings said that was the city's original plan but that had been modified and the statement was in error. Mr. Martin also requested information concerning unit costs for street sweeping for the upcoming budget discussions. Responding to Council Member Garcia, Mr. Hennings said this contract does not pertain to the storm water ordinance. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M97-122 Motion approving a supply agreement for Street Sweeping in accordance with Bid Invitation BI -0133-97 to Bentex Services, Inc., Corpus Christi, Texas, in the total amount of $123,627.68 on the basis of low bid. The term of the contract is twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or his designee. Funds for FY 96-97 are available in the non -departmental General Fund budget. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, appointments to the city's public, non-profit corporations of the Corpus Christi Housing Finance Corporation, Corpus Christi Industrial Development Corporation, and Corpus Christi Health Facilities Development Corporation. Council Member John Longoria asked if the officers of the corporations would be elected following the appointment of the members. Mr. Tom Utter, Assistant City Manager for Development Services, said the corporations would elect officers at the annual meetings. Mayor Neal called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, asked if the public could serve as members of those corporations. Mr. Bray replied that since these corporations are inherently involved with the city's business, it has been the Council's policy to appoint the Council members themselves to the corporations. Mayor Neal made a motion to table Item 12; the motion was seconded and it passed. Minutes Regular Council Meeting May 20, 1997 Page 11 12. POSTPONED -- Christi Ileusit g f.nat.ec Cetpeiatiun, Corpus Christi Lidusti al Dcvclep...e..t Cuipuiatirng Mayor Neal opened discussion on Item 13, rehabilitation of the Wesley Seale Dam spillway crest gate and sluice gate. Mr. Hennings explained that annual inspections are performed on the dam, which is 40 years old, by outside engineering firms. The deficiencies uncovered in the annual inspections are programmed into the city's capital improvement program and operating budget and dealt with. He said the recent inspections have uncovered some minor movements in the concrete surface and structures of the dam, and have given rise to some concern about the soil strength underlying the dam. He said a more thorough testing process is necessary and will result in a program for maintenance and repair work on the dam for the future. Mr. Hennings said that out of an abundance of caution, staff will accept the consultant's recommendation that the water level in the dam be limited to 91 feet above sea level, which is 3 feet below the full mark, until the testing is concluded to the point where there is no question about the safety issue. Mr. Crull further explained the annual inspections and rehabilitation projects. Council Member Martin stated that a heave or bulge in the north spillway hearth structure was first detected in 1993 during an inspection of the dam, and he asked if staff knew if that situation had changed since then; Mr. Crull said they did not. Responding to another question from Mr. Martin, Mr. Crull said that at elevation 91, Lake Corpus Christi is at 77% of its capacity, and it would remain at that level for about four to six months. A brief discussion ensued. In reply to a question from Council Member Garcia, Mr. Crull said that professional services are not bid. Mr. Hennings added that Freese and Nichols Inc. is one of the best engineering firms specializing in dams. He also briefly discussed possible outcomes of the additional analysis to be conducted on the Wesley Seale dam. Council Member McNichols requested photographs of the bulge that has been detected in the dam's structure. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting May 20, 1997 Page 12 13. M97-124 Motion ratifying the authorization to proceed with additional Geotechnical/Stability Analysis for Wesley Seale Dam by Freese & Nichols, Inc. for an additional fee not to exceed $100,000. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, improvements at the Center for Hispanic Arts. In reply to Council Member Garcia, Mr. Shackelford said this proposed contract is supposed to correct all the deficiencies in the structure and the foundation, in addition to interior repairs. Mr. Utter explained the problems that had been associated with the roof. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. M97-125 Motion authorizing the City Manager or his designee to execute a contract in the amount of $55,226.97 with Industrial Services USA for building certification and interior improvements to the Center for Hispanic Arts. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, radio paging services. Council Member Garcia said that AT&T Wireless Communications was not the low bidder, and he questioned why that company was being awarded the contract. Mr. Hennings replied that the city is fairly locked into AT&T's system, and if their price became unreasonable, staff would have to take another approach. He added that purchasing rules take into account such instances involving high technology equipment. Mr. John Bacon, Director of Information Systems, said the city, county, the school district and the Local Emergency Planning Committee all use the same system, which would be problematic Minutes Regular Council Meeting May 20, 1997 Page 13 if the city changed its vendor. Council Member Gonzales asked if there were other similar situations in which the city was "locked in" to using a certain vendor, and Mr. Hennings said the radio equipment was similar. Mayor Neal cautioned against approving lengthy contracts for technological equipment or vendors because the technology changes so rapidly. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M97-126 Motion approving a supply agreement with AT&T Wireless Communications for radio paging services. The two-year contract will cost $65,000 with an option to extend for two additional one year terms at a cost of $32,500 per year. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Mr. Hennings said he wished to withdraw Item 16 for one week. 16.a. WITHDRAWN O• .. - ••• A:rportPasse,.g.,rfacility Charse (PFC) I'ui,d-fol asbestos abatement at the Copus Cha:sti 16.b. WITHDRAWN $140,856 with Asbest s-auc Bei..oliti„n Contra ti„ g (A&DC) of C.,.Yus Cluistl, T..Aa, fin * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, lease with Conquest Airlines. Mr. Hennings explained that on January 1, 1996, the city adopted the new model lease for airlines at the Corpus Christi Intemational Airport, which increased the landing fees and some of the charges that the airlines pay. He said all the other airlines except Conquest have had their leases approved, and he explained why Conquest was the exception, primarily because Conquest filed Minutes Regular Council Meeting May 20, 1997 Page 14 Chapter 11 reorganization bankruptcy in January 1996, which he described. Mr. Hennings also explained the proposed lease, including the provisions which address the monies that are still owed to the city. Mayor Neal said he is basically against the city being in the banking business. He asked that the Council be informed of any lessees which no longer abide by the terms of their lease, for whatever reason. He said the Council should be allowed to deal with those delinquencies as they occur. Council Member Capelo asked who is handling Conquest's bankruptcy situation on behalf of the city; Mr. Hennings replied that it is Assistant City Attorney Michael Scanlon. He asked that this issue be discussed in closed session during the May 27, 1997 Council meeting. Mr. Capelo concurred with the Mayor's comments, saying this was an inappropriate use of city funds. Mayor Neal called for comments from the audience. Mr. Abel Alonzo said that as a concerned citizen and a member of the Airport Advisory Board, he hoped the Council would be informed of such situations. Mr. Capelo asked if this item could be postponed. Mr. Hennings replied that Conquest has a payment due on Friday, and if the lease is in place and Conquest does not make its payment, the city can take appropriate action. City Secretary Chapa polled the Council for their votes as follows: 17.a. ORDINANCE NO. 022930 Ordinance authorizing the City Manager or his designee to execute approximately a two month lease from May 20, 1997 through July 19, 1997 with Conquest Airlines Corporation for ticket counter space, office space, passenger holdroom space, apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total $4.06 per enplaned passenger; specifying that lease rents, fees, and charges are adjustable annually based on a fixed formula; specifying that Conquest Airlines Corp. will pay the lease rents, fees, and charges set by this lease effective from January 23, 1996 on; and providing a restructured payment schedule for certain lease rents, fees and charges. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Neal voting "No." Minutes Regular Council Meeting May 20, 1997 Page 15 17.b. M97-1 7 Motion to amend prior to second reading the ordinance authorizing the City Manager or his designee to execute approximately a five-year lease ending December 31, 2001 with Conquest Airlines Corporation by incorporating the following amendments: 1) Conquest Airlines Corporation will lease passenger holdroom space from the City; 2) Conquest will pay the rents, fees, and charges set by this lease effective from January 23, 1996 on; and 3) provide a restructured payment schedule for certain leases, fees, rents, and charges. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Neal voting "No." 1 7.c. ORDINANCE NO. 022931 Authorizing the City Manager or his designee to execute approximately a five-year lease ending December 31, 2001 with Conquest Airlines Corporation for ticket counter space, office space, passenger holdroom space, apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total $4.06 per enplaned passenger; specifying that lease rents, fees, and charges are adjustable annually based on a fixed formula; specifying that Conquest Airlines Corp. will pay the rents, fees, and charges set by this lease effective from January 23, 1996 on; providing for a restructured payment schedule for certain lease rents, fees and charges; and providing for publication. The foregoing ordinance passed on second reading, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Neal voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, speed limit increases on Holly Road. In response to Council Member Garcia, Mr. Hennings explained the rationale behind recommending the increased speed limits on portions of Holly Road. Council Member Gonzales commented that the recommended speed for the Holly Road portion from Kostoryz to Ayers was still too low because there is very little development there. Mr. Garcia added that the school zone signs on Holly between Weber and Everhart are not able to be clearly seen. Mayor Neal called for comments from the audience, and there were none. City Secretary Minutes Regular Council Meeting May 20, 1997 Page 16 Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 - Traffic, Article VIII, Schedules, Section 53- 254, Schedule V -- Increase in State Speed Limit in Certain Zones by increasing speed limits on Holly Road on the following street sections: from 35 mph to 40 mph between a point 500 feet west of Carroll Lane and a point 500 feet west of Kostoryz Road; and from 35 MPH to 45 MPH between a point 500 feet west of Kostoryz Road and Ayers Street. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, "hospital zone" traffic management. Council Member McNichols asked what the recommendation was for the section of Alameda Street being proposed as a "hospital zone." Mr. David Seiler, City Traffic Engineer, explained that the current speed limit there (excluding the 20 -MPH school zone in front of St. Patrick's School) is 35 MPH, and the recommendation is to lower it 10 MPH on Alameda from Texan Trail to Ropes Street. He said the hospital zone flashing time periods would be operating at times other than the school speed limit flasher zones so they would not conflict. Mr. Hennings said the proposal would be to operate the hospital zone flashers from 9 a.m. to 11 a.m. and from 1 p.m. to 3 p.m. Dr. McNichols said he was concerned about confusion about the speed limits in that area because of the mixture of the school zone and the proposed hospital zone. He questioned the provision that would prohibit a vehicle from passing or overtaking another vehicle proceeding in the same direction in the hospital zone between 8 a.m. and 6 p.m. Mr. Seiler said that is the same terminology that is used in the school speed limit flasher zones, but they could reconsider it before second reading. Responding to Council Member Garcia, Mr. Crull said school zone reductions are 15 MPH lower than the posted speed limit (i.e., a 35 MPH zone goes to 20 MPH); the hospital zone reduction would be 10 MPH (from 35 MPH to 25 MPH). He added that staff has not examined what the hours of operation would be in other areas adjacent to hospitals in the city. Mr. Hennings pointed out that a traffic engineering study would first be conducted to determine the necessity of establishing other hospital zones. In reply to another question from Mr. Garcia, Mr. Seiler said he believed that Corpus Christi was the only major city in Texas that was recommending establishing a regulatory speed limit in Minutes Regular Council Meeting May 20, 1997 Page 17 hospital zones; most of the other cities use advisory speed limits. He said that area of Alameda is unique (the existence of the hospitals and clinics on opposite sides of the street). He said there is an expressed need --based on the observation of conflicts between pedestrians and motor vehicles --to control those conflicts during certain times of the day. Council Member Martin questioned the provision referred to by Dr. McNichols concerning the "zones of quiet" (vehicles are prohibited from passing or overtaking each other from 8 a.m. to 6 p.m.). Mr. Martin said he thought this was an example of "overkill" in establishing regulations. Mr. Garcia made a motion to table Item 19, seconded by Council Member Capelo. Following a few Council comments, Mr. Garcia said he would not object to amending his motion to postpone Item 19, rather than tabling it, for two weeks. Dr. McNichols reiterated that this item was developed in response to a concern about pedestrian safety in that portion of Alameda, particularly in front of Driscoll Children's Hospital. Mr. Capelo said he thought there was a need for a hospital zone in front of Driscoll Children's Hospital, but this proposal needed to be reworked. Council Member Betty Jean Longoria said that according to the agenda material, the proposal did not apply to every hospital; rather, staff would consider the other hospital areas on a case-by-case basis. Mr. Hennings said they were proposing to delegate that responsibility to the staff but they could bring each case to the Council if they wished. Responding to Council Member John Longoria, Mr. Bray said there would not be a state fee associated with a violation of the hospital zone speed limit as there is with a school zone violation. Mayor Neal suggested that the item be postponed until the June 10th Council meeting, and the motion passed. 19. POSTPONED Flashing Signals, by -adding a hospitabw„nc; amending -Stet -ion 53 79, Zoncs of Qhict, by fel rodueed spc.ds ht h.,spital-ze,.es, providing fur-t,ublieation; and preyid;ng-fei pet.alti.,s. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, Oso Little Miss Kickball League lease. Minutes Regular Council Meeting May 20, 1997 Page 18 Responding to Council Member Garcia, Mr. Malcolm Matthews, Director of Park and Recreation, said each one of the leagues is required to have insurance, which is consistent with all other sports leagues. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 21. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a 10 -year lease with Oso Little Miss Kickball League for Tracts 1 & 2 South Guth Park in consideration of Oso Little Miss Kickball maintaining premises and improving and offering a kickball program; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071, regarding the following: firefighter contract negotiations and related legal processes; Onesimo Cruz v. City of Corpus Christi, No. 89-4954-D, 105th District Court, Nueces County, Texas, with possible action thereon in open session; and potential litigation arising out of City Park and Recreation Department activities. The Council went into closed session. The Council returned from closed session. Council Member Martin made the following motion, seconded by Council Member Betty Jean Longoria. City Secretary Chapa polled the Council for their votes as follows: M97-128 Motion authorizing the City Manager to execute a collective bargaining agreement with the Corpus Christi Fire Fighters Association for the period August 1, 1996, through July 31, 1997, including a 4% pay increase in wage rates and the amendments presented by the City Manager, retroactive to August 1, 1996. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting May 20, 1997 Page 19 * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings said items scheduled for the May 27th Council meeting included an update on the Commission on Children and Youth program; an update from Police Chief Alvarez on the recruitment efforts to increase the number of police officers; and the final reading on the storm water management program ordinance. Mr. Hennings said the June 3rd workshop beginning at 8 a.m. would consist of a budget discussion in the morning, and in the afternoon discussions about the Community Progress Partnership; pending litigation; and city procurement and contracting policies and procedures. With regard to legislative matters, City Attorney Bray explained that House Bill 32 would move the May election date to the last Saturday in March. He said the bill has passed the Texas House of Representatives, and while in committee in the Senate an amendment was added to it. He said the bill does not affect the special Corpus Christi provision for April elections, but if it passed it might make Corpus Christi's special provision unnecessary. City Secretary Chapa said it would be very advantageous for the city to have its election on the last Saturday in March rather than the current first Saturday in April because of the use of election equipment by other entities, such as school districts. Mayor Neal called for Council concerns and reports. Council Member Martin referred to a letter from the Regional Transportation Authority, which he forwarded to Mr. Hennings. He also noted that a portion of Greenwood Drive near Padre Island Drive is closed but there are no detour signs. He asked if the new wastewater winter averages were in effect, and Mr. Hennings said they were not. Council Member McNichols said he had received many complaints about litter following the Beach to Bay event. Mr. Hennings said the sponsor is responsible for cleaning up the litter. Council Member Cooper asked that Mr. Hennings investigate the concerns raised in a letter from Kenneth Johnson to Paige Dinn, Chairperson of the Commission on Children and Youth. Mrs. Cooper also announced that there is a new Web site for the Mayor's Task Force on Youth Violence, and she stated that gang expert Steven Nawojczyk would be addressing the Youth Advisory Council on May 21st and the Mayor's Task Force on May 22nd. Council Member Gonzales requested an update on the ice hockey situation. He also asked what the city is doing to address the gang problem. Mayor Neal said the Commission on Children and Youth is preparing an action plan that will be brought back to the Council. Council Member Capelo requested a written explanation and chronology concerning the Minutes Regular Council Meeting May 20, 1997 Page 20 Lighthouse Restaurant lease. He also requested that he be included in any discussion or distribution of information that involves District 2. Council Member Betty Jean Longoria said it was important to reconsider the issue of the buy-out program in the refinery area. Council Member Garcia suggested that an emergency telephone number, other than 9-1-1, be created to identify potential problems, such as gang violence. He also asked that school crossings be lit. Mr. Hennings said the school crossings are utilized during the daylight hours. Mr. Capelo asked that the issue of the distribution of the 78415 grants be placed on next week's agenda. Mayor Neal announced that the memorial to Mrs. Selena Quintanilla-Perez would be dedicated on May 25th. Mr. Garcia encouraged the Council to attend a reception on May 22nd honoring the Board of Regents of the Texas A&M University System. The Mayor then noted that one more citizen wished to address the Council. Mr. Buck Sosa, President of the local Fire Fighters Association, thanked the Council on behalf of the Association for approving the fire fighters contract. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:10 p.m. on May 20, 1997. * * * * * * * * * * * * *