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HomeMy WebLinkAboutMinutes City Council - 04/29/1997I 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 April 29, 1997, which were approved by the City Council on May 13, 1997. WITNESSETH MY HAND AND SEAL, this 13th day of May, 1997 Armando Chapa City Secretary SEAL ri UWFILMED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 29, 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 Council Member Cooper, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Gonzales. 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 special and regular Council meetings of April 22, 1997. and there being no corrections, he proclaimed them approved as presented. The Mayor then recognized Mr. Harrison Murray, who was retiring from the city's Wastewater Department after 15 years of service. ************ * With regard to the presentations on the day's agenda, City Manager Hennings said a report was planned by the Regional Water Supply Task Force; however, that presentation was postponed until May 20, 1997. He said the next presentation was by the Commission on Children and Youth, to be given by Ms. Paige Dinn, Commission Chairperson. Mayor Neal commented that throughout the recent campaign, citizens continued to express concern about the city's juvenile crime problem and ways to bring the community together on this issue. Ms. Dinn began her presentation by introducing the other members of the Commission who were present: Robin West, Paula Rosenstein, Assistant Police Chief Ken Bung, Dr. Philip Rhoades, Minutes Regular Council Meeting April 29, 1997 Page 2 and Jeff Jung. (Dr. Maria Luisa Garza arrived later at the meeting.) Ms. Dinn said the mission of the Commission on Children and Youth is "to support a comprehensive system of services and advance policies to meet the needs of the city's children, youth and their families." She explained that a master plan was developed and presented to the Council in January 1997, and the Council was being asked at the current meeting to adopt it. She said the plan was a "road map" to achieve the following goals: ensure that Corpus Christi children and youth have the opportunity to grow up healthy, safe, educated, emotionally strong, spiritual and economically secure; ensure that they reach adulthood in an environment free of crime and victimization by emphasizing effective prevention, intervention, and enforcement programs; and increase the educational attainment level of all Corpus Christi children and youth. Ms. Dinn continued that the plan integrates both prevention and intervention actions to directly address present problems and anticipate future issues. She said that in the development of the plan and the accompanying strategies, discussions were held with representatives of the Police Department, Corpus Christi Independent School District, and Nueces County Juvenile Department, and ideas were sought from community leaders, such as the Nueces County Sheriff, leaders of the business community, and the Commission members themselves. Ms. Dinn said that during this process, a fourth goal was added: to improve the current information collection and dissemination efforts and program evaluation efforts so that effective programs are developed and maintained. She added that once the Council approves the plan, the Commission members will be ready to work with various sectors of the community to define how the goals can be accomplished. Responding to Council Member Cooper, Ms. Dinn said the Commission members will not implement the plan by themselves; rather, they will work with several sectors and the community as a whole. Mrs. Cooper suggested that the plan specify the particular agency to be networked with regarding implementation of certain aspects of the plan. She also suggested that the plan be constantly evaluated to determine how it can best be implemented. Council Member Garcia commended Ms. Dinn and the other Commission members. He asked whether the possible duplication of efforts regarding youth issues had been analyzed. Ms. Dinn said the Commission did not want to duplicate efforts among youth agencies, but they did want to share successful programs. She added that the master plan is designed to provide a road map, not to create a new structure as such. Council Member McNichols suggested that, due to the nature of city government, the Commission should make specific recommendations to the Council, such as recommending a specific ordinance be considered by the Council. Council Member Martin said he thought it was critical that the police function relative to this plan be evaluated as well. Ms. Dinn replied that the plan does contain specific evaluations, such as Minutes Regular Council Meeting April 29, 1997 Page 3 the juvenile curfew ordinance, by an independent agency. Mr. Martin used the example of Municipal Court, saying the Council would like to know whether its function is an asset or liability in the goal to assist youth. Mrs. Cooper said Mayor Neal has continued the Mayor's Task Force on Youth Violence, of which she is the Chairperson, and she offered the services of the volunteers on that task force. She added that a Youth Council was recently created consisting of three students from each high school, and she will provide that information to the Commission. Council Member John Longoria asked about the school districts' interest in implementing the plan. Ms. Dinn replied that the Commission spoke first with representatives of the largest district in the area, Corpus Christi Independent School District, as well as contacted representatives of the other area districts. Ms. Dinn pointed out that they are not trying to tell the districts what to do; rather, they are making suggestions to let them choose what they feel would work best in their situation. Mr. Longoria and Ms. Dinn also discussed the issue of parenting education, particularly as it is applied in divorce cases and in the schools. Responding to another question from Mr. Longoria, Ms. Dinn said the city applied for but did not receive a grant to expand the youth detention center for curfew violators. She noted that the plan recommended enhancing the TRIP Program to include both daytime and nighttime curfew violators. Mr. Longoria also addressed the issue of preventive health services, including the need for a facility on the west side. He concluded by saying that the Council would be supportive of the Commission's plan. Council Member Betty Jean Longoria also discussed the need for a primary health care center on the west side. She noted that funding for many programs is often limited and very competitive, but she said she hoped everyone could work together to implement the plan. Council Member Gonzales said he was unsure how many of the plan's recommendations would be implemented. Mayor Neal said this item was on the day's agenda to bring to the Council's attention the efforts of the Commission on Children and Youth to this point. He said it is hoped that the Council could adopt the recommendations and set into motion an action plan. Ms. Dinn reiterated that the plan is a "living" document and the Commission members had spoken with representatives of many entities to ensure that their ideas could be feasibly implemented. She pointed out that some of the ideas have already been adopted by different organizations. Mayor Neal said this community has come to a point where it is time to bring together all the efforts of people on the youth violence issue; consequently, he discussed with Nueces County Judge Richard Borchard the idea of utilizing the Interagency Commission on Alcohol and Drug Abuse as a vehicle to do that. He said they will be calling a special meeting of the Interagency Commission on Wednesday, May 14, 1997, and they will invite members of the school boards, Minutes Regular Council Meeting April 29, 1997 Page 4 superintendents, key people in the community and the public. He said he will also be asking for Mr. Hennings' and city staffs assistance in disseminating information about the meeting. Mayor Neal called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, thanked the Commission members for their efforts. He said as a former gang member, he wondered how involved parents would be in implementing this plan, as well as former gang members who can serve as role models to youth. Ms. Marilyn Richter Colley said she has been studying the problem of youth violence for some time and contributed her own recommendations, and she offered her assistance. City Secretary Chapa polled the Council for their votes as follows: 6. M97-099 Motion adopting the Commission on Children and Youth Master Plan. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * City Manager Hennings said Police Chief Alvarez would make a presentation on a proposed implementation plan to add 50 sworn police officers to the police force. Chief Alvarez said that several factors have contributed to the need for additional police officers, including increases in incidents of youth violence, traffic problems, DWIs, underage drinking, drug usage, and a general increase in the population. He said last year the Police Department had 326,383 calls for service, and he anticipates it to grow this year. He said the department has plans to gradually shift toward the concept of "community policing," which has proven to be effective throughout the country. He said community policing requires a larger number of police officers, but Corpus Christi's police manpower is stretched to the limit, leaving the department with very few resources for proactive efforts. Chief Alvarez said the department currently has 395 sworn police officers, which averages out to 1.4 police officers per 1,000 people, which is one of the lowest averages in the country. He said the national average is 2 officers per 1,000 people, and the ideal is 3 officers per 1,000 people. In comparison, Houston has 3.07 officers per 1,000 people. In order for Corpus Christi to just reach the national average, the city would have to grow by 155 officers. He said that due to the high cost involved in doing that, he was submitting a five-year plan to add 50 officers as well as 20 civilian Minutes Regular Council Meeting April 29, 1997 Page 5 support personnel (dispatchers, identification technicians, and data entry clerks). The Chief said the information also includes the cost for increased equipment. The Police Chief explained that he recommends adding 10 officers a year for five years in order to accomplish the growth in the force, which would result in an average of 1.6 officers per 1,000 people for a total of 445 sworn police officers. He said the 10 officers per year would be in addition to the 20 officers per year the department budgets to accommodate attrition. He said it is conceivable that the Police Academy would consist of 30 officers per year for the next five years. Chief Alvarez described the process (and inherent difficulties) in recruiting police officers, as well as the time line. He said the entire hiring process, from posting of the entrance exam to the end of the field training officer program, is 21 months. The Chief added that he would periodically inform the Council of the department's efforts. Responding to Council Member Betty Jean Longoria, Chief Alvarez said the total five-year package would cost approximately $9.5 million, which would include 50 sworn police officers, 20 civilian support personnel, additional equipment and 15 additional police cars. Mrs. Longoria said people recognize the importance of additional officers, but there is a cost involved. She asked how other cities pay for their police departments. Mr. Hennings said he thought that all the Texas cities except Fort Worth primarily fund their police departments the same way Corpus Christi does: in this city the police and fire department budgets consume virtually all of the property tax and sales tax revenues in the General Fund. Mr. Hennings pointed out that the plan called for increasing the police force incrementally, which would cost about $600,000 for the first increment, which equates to about a 1 cent increase in the property tax per $100 valuation. He suggested that the Council consider this proposal one step at a time. Replying to another question from Mrs. Longoria, Mr. Hennings said Fort Worth has established a crime prevention district which allows that city to increase their sales tax and allocate that revenue to crime prevention. He said the Community Progress Partnership has a proposal to increase the sales tax for economic development, some of which may involve funds for additional police officers under certain restrictions. Council Member Cooper asked if there were plans for additional civilianization of the police force. Chief Alvarez replied that staff has included in the budget a proposal to release two officers from the pawn shop detail and replace them with civilians. She asked for a report on additional Police Department positions that may be civilianized. Council Member McNichols noted that after the five-year implementation is completed for the additional officers, the budget would have to be increased to continue paying those officers' salaries and other expenses. He said they need to separate the political rhetoric of the recent Minutes Regular Council Meeting April 29, 1997 Page 6 campaign from the reality of the costs involved. Mr. Hennings said that adding police officers is a process which takes time, and which the city has begun in its recruiting efforts to expand the number of candidates it receives for the Police Academy. Dr. McNichols said it was not realistic to think that the 50 additional police officers could be paid for with a 5 cent increase in property taxes, particularly since the City Charter contains a tax cap provision. On the other hand, he questioned how the additional cost could be absorbed into the budget if taxes were not increased. Mr. Hennings agreed that reallocating $600,000 in the budget would be very difficult; he added that some service levels have been reduced, such as street maintenance. Council Member Martin asked if the crime prevention district established in Fort Worth would be available in Corpus Christi, and Mr. Hennings said it would not be. Mr. Martin asked if the city could create its own form of a crime district by developing a Charter amendment that would allow adjustments to the tax cap only for police officers. Mr. Martin requested a copy of the data concerning numbers of police per population in other cities, as well as number of civilians in their police departments. He also asked if state law allowed lateral entry into a police force. Chief Alvarez said there were very few people who took advantage of that provision. Mr. Martin said the Police Chief could think about going to other communities to discuss the lateral entry option with other public safety officials, as well as establishing a cadet program. Council Member John Longoria discussed the idea of operating two Police Academies. Mr. Longoria also discussed the concept of accountability with regard to police officers to lower the crime rate. Chief Alvarez said the concept was good but it would not be feasible with the number of police officers on the force at this time. Mr. Hennings pointed out that when it comes to the crime rate, police officers are just one component. A brief discussion ensued. Council Member Garcia said he had difficulty approving a plan without having had the opportunity to evaluate the entire city budget. Responding to a question from Mr. Garcia, Chief Alvarez said that if the city did not increase the number of swom police officers, the level of services would decline. He reiterated that even if the additional 50 officers are approved and hired over a five-year period, Corpus Christi would still be below the national average of police officers per population. He also briefly discussed the number of vehicles that would be required and the benefit of eventually implementing the automatic vehicle locators in patrol cars. Council Member Capelo commended Chief Alvarez, the members of the Commission on Children and Youth, and Council members who have addressed the issue of youth violence. He said he thought the Council and city staff can be creative in finding the necessary funds to implement the recommendations. Council Member Gonzales said the public very clearly indicated its desire to deal with youth Minutes Regular Council Meeting April 29, 1997 Page 7 violence and a safer community in general. He said the city should try to reach the national average of two police officers per 1,000 people. Chief Alvarez said if they hire 50 more police officers, resulting in an average of 1.6 officers per 1,000 people, that will be a significant improvement over the current staffing levels. Mr. Gonzales said he thought there was money in the budget to increase the number of police officers, but it may require reprioritizing the budget. Mrs. Longoria said she supported increasing public safety staffing levels, but she questioned how those increases would be paid for. She said the community also had other needs, such as street maintenance, which needed to be addressed. Mrs. Cooper said it was her sense that the community was willing to spend more money on law enforcement because people are frightened, and she encouraged Chief Alvarez to request the number of police officers he felt would be needed. Mayor Neal said what they are trying to do in the early stages of the new Council is to lay out the major issues before the Council and the citizens, and to begin to develop these issues into action plans that can reach fruition. He commended Chief Alvarez for his efforts. Mayor Neal called for comments from the audience. Ms. Marilyn Richter Colley discussed actions that are being taken in other communities with regard to public safety, including Boston, Los Angeles, and Chicago. Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, said the POA will be part of solutions and not part of problems. He said he supported the proposal to hire 50 additional police officers, as well as the concept of the lateral employment process. Mr. Buck Sosa, President of the Fire Fighters Association, said he thought the solution would be to increase the tax cap and the sales tax. He said the Fire Department also has a lack of equipment and staffing, such as ambulances, fire stations, computers, and trucks. Mr. J.E. O'Brien, 4130 Pompano, said he disagreed vehemently with any proposal to increase the tax cap. He said in the future he will be suggesting a way in which to hire 50 additional police officers. He said this presentation and the previous one should be scheduled later in the Council meeting. Mayor Neal replied that it is imperative the citizens understand which issues this Council feels are important. He said during the course of the campaign, critical issues such as water and the juvenile and overall crime problem came to the forefront. Mr. Leon Perez, 904 Buford, questioned how the citizens could pay any more taxes than they do now. Minutes Regular Council Meeting April 29, 1997 Page 8 ************* Mayor Neal opened discussion on Item 7, storm water quality management program. City Manager Hennings said this was the first reading of an ordinance that the Council discussed at the last meeting. He said staff met with the Homebuilders Association that morning concerning the proposed ordinance, and he said there probably will be some amendments to the ordinance before the second reading on May 13th. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said that during the presentation last week given by Ms. Valerie Gray, Storm Water Superintendent, it was explained that this document is part of the continuing process to bring the city into compliance with the storm water permit issued by the Environmental Protection Agency (EPA). He said staff will meet again with representatives of the Homebuilders Association to address the issues raised prior to the ordinance's second reading. He stressed that the storm water permitting process is performance-based and is intended to continually improve the storm water quality in the city. Council Member Martin said there was enough time to postpone the first reading of the ordinance at this meeting to allow staff to make changes they felt were necessary before the Council considered the proposal. Mr. Hennings agreed that the first reading could be held on May 13th with the second reading on May 20th. Mayor Neal asked whether Council members or citizens could submit concerns or questions they had about the proposal to city staff, and Mr. Hennings said that would be very helpful. Council Member McNichols asked if the permitting process had been legally challenged by any cities. Mr. Crull replied that he was not aware of any such challenges to this point. He added that since these requirements are based on the 1972 Clean Water Act, it does not fall under the recent guidelines concerning unfunded mandates. A brief discussion ensued. Responding to Council Member Garcia, Mr. Crull said the city retained Mr. Randy Thompson, a consulting engineer who has worked with the development community, to help draft the proposed ordinance; in addition, a copy of the draft was sent to several organizations for their input. Mr. Hennings added that the Planning Commission reviewed the results of that work and made a recommendation to the Council. Mr. Garcia said there were some issues that concerned him, which he discussed. Mayor Neal called for comments from the audience. Mr. Leon Loeb, of Landlord Resources, said the previous discussion about the funds needed to hire additional police officers needed to be taken in context with this discussion about storm water Minutes Regular Council Meeting April 29, 1997 Page 9 management. He said there is a huge expenditure implicit in the ordinance to members of the community as well as to the city's infrastructure. Mr. Abel Alonzo, 1701 Thames, asked whether these regulations would have prevented the flooding that occurred in the La Joya Estates subdivision a few weeks ago. Mr. Hennings said the construction contractor for the Greenwood Drive improvements is already abiding by the storm water management practices that this ordinance would contemplate. Mr. Bill Brown, representing Peterson Development Company, said he had not had an opportunity to read the proposal, and several of his constituents have developments with large parking lots which are addressed in the ordinance. He referred to specific sections they were concerned about, and asked if they could provide input to the document. Council Member Garcia made a motion to postpone Item 7, seconded by Council Member Capelo, and passed unanimously. 7. POSTPONED A.net,di-ng thc Codc of O.dinuthees, City of Corpus Ch.:sti, Chapter 13, Building, Platting O.dinra.cc of thc City of Copus CLri3ti .egai1:ng-adupt:e.i of a Ste..,rWatt, fei an eff.,ct4ve dat*; and providing f.,i pall: at:e.r ************* Mayor Neal opened the public hearing on the following zoning case: 8. Case No. 497-2. W. David Cheek: A change of zoning from an "R -1B" One -family Dwelling District to a `B-1" Neighborhood Business District on Gardendale Addition No. 3, Block 13, Lots 20 and 21, located on the northwest corner of Williams and Blanche Moore Drives. City Secretary Chapa said the Planning Commission and staff recommended approval. No one opposed the zoning change. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously. Council Member Martin said he did not object to the zoning change, and said this would be the beginning of the rezoning of that portion of the Gardendale Addition. He suggested that staff review this area with regard to rezoning needs. Mr. Brandol Harvey, Director of Planning and Development, said he thought this would be an appropriate time to modify the land use plan for that Minutes Regular Council Meeting April 29, 1997 Page 10 area and develop some guidelines to accommodate rezonings. Replying to Council Member Garcia, Mr. Harvey explained that 18 notices were mailed to the property owners within a 200 -foot radius, of which three were returned in favor and one was returned in opposition. Mr. Garcia said he was concerned about the safety of the children in that area. Mr. Harvey said there were crosswalks at the intersection, and staff should review the two blocks of Williams Drive from Staples to Everhart. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022914 Amending the Zoning Ordinance upon application by W. David Cheek, by changing the Zoning Map in reference to Gardendale Addition No. 3, Block 13, Lots 20 and 21, from "R - 1B" One -family Dwelling District to "B-1" Neighborhood Business District; providing for publication. 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." * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 9 through 20, and Council Members requested that Items 9, 10, 11, and 15 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 12. M97-103 Motion approving supply agreements for water meter repair parts in accordance with Bid Invitation BI -0099-97 with the following companies for the following amounts, based on only bids, for a total estimated annual expenditure of $27,000. The terms of the contracts will 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 have been budgeted by the Water Department in FY 96/97. Sensus Technologies, Inc. Uniontown. PA Sensus Meter Parts $17,000 Schlumberger, Inc. Dallas, TX Trident Meter Parts $7,000 Minutes Regular Council Meeting April 29, 1997 Page 11 Badger Meter, Inc. Milwaukee. WI Badger Meter Parts $2,000 ABB Water Meters, Inc. Ocala. FL Kent Meter Parts Grand Total: $27,000 $1,000 The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 13. M97-104 Motion approving the purchase of two 250 amp welding machines in accordance with Bid Invitation No. BI -0141-97 from Aeriform, Corpus Christi, TX., on the basis of low bid of $15,018. The units are budgeted in the 1996-97 Capital Outlay as replacement equipment to be used by the Gas Department. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 14. M97-105 Motion approving the purchase of one automated Biochemical Oxygen Demand (B.O.D.) Analyzer in accordance with Bid Invitation No. BI -0117-97 from Skalar, Inc., Norcross, GA., based on the low bid of $47,840. This instrument will be used in the Water Utilities Laboratory. This item is listed in the approved Capital Outlay List for FY 96/97 and funds have been budgeted by the Water Department. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 16. M97-107 Motion granting a six-month extension for a Special Permit granted to Sonrisa Partners, Inc., for a mixture of uses (Zoning Case No. 396-7) on May 31, 1996. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 17. M97-108 Motion granting a one-year extension for a Special Permit granted to Domingo & Elena Valadez for nonresidential uses permitted in the "AB" Professional Office District (Zoning Minutes Regular Council Meeting April 29, 1997 Page 12 Case No. 396-1) on April 30, 1996. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 18. M97-109 Motion authorizing the City Manager or his designee to execute Amendment No. 3 in the amount of $192,000 with Urban Engineering for engineering services related to the Greenwood Wastewater Treatment Plant Expansion from 6 million gallons per day to 8 million gallons per day for a revised contract total of $1,280,100. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 19. 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 reducing the speed limit on Waldron Road on the following street sections: from 40 MPH to 35MPH between a point approximately 1,500 feet north of Purdue Drive and Purdue Drive; and from 45MPH to 40 MPH between Caribbean Drive and Yorktown Boulevard. 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." 20. ORDINANCE NO. 022915 Authorizing the City Manager or his designee to execute Amendment No. 1 to the following Farm Lease Agreements authorized by Ordinance No. 021900, adopted on March 15, 1994: (a) with Pat McDonough, to decrease the acreage farmed from 379.5 to 363.994 acres; (b) with Bemsen Brothers Farms to decrease the acreage farmed from 446.94 to 421.662 acres; and (c) with Kelly Farms, to increase the acreage farmed from 310.30 to 439.996 acres. 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." ************* Mayor Neal opened discussion on Item 9, supply agreement for gate valves. Minutes Regular Council Meeting April 29, 1997 Page 13 Responding to Council Member Garcia, City Manager Hennings said the city must abide by state bidding regulations and the city must show some economic advantage in using the local supplier for a particular product. Mr. F.D. Glenn, Purchasing Agent, said in this case the city could not show an economic advantage in using a local supplier. In reply to Council Member Gonzales, Mr. Glenn said state law requires that the city award a bid to the lowest responsible bidder, and there are a number of definitions of "responsible." He also read from an Attorney General's opinion on this issue. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M97-100 Motion approving a supply agreement for approximately 253 gate valves ranging in size from 3" - 12", with Mueller Co., San Antonio, TX., in accordance with Bid Invitation No. BI -0128-97 for an estimated expenditure of $56,363.86 based on low bid meeting specifications. The term of the agreement 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 by the Water and Wastewater Departments. 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 Items 10 and 11, supply agreements for asphalt. In reply to a question from the Mayor, Mr. Crull explained that Texas Fuel and Asphalt Company provided a price for the material as specified, and they said they could provide another material at a lower price. He said asphalt materials have vastly different properties, and staff considers several factors when determining which product to use, including the aggregate costs, the application rates of both the aggregate and the asphalt, the "cure" time, and other factors. He said staff will acquire some of the material in the summer and record all of the costs associated with it for comparison with the current product. Mayor Neal then called for comments from the audience. Mr. John Hartley, 3925 Sandy Hollow, suggested that the heating properties of the asphalt be taken into consideration. Minutes Regular Council Meeting April 29, 1997 Page 14 City Secretary Chapa polled the Council for their votes as follows: 10. M97-101 Motion approving a supply agreement for approximately 530,700 gallons of emulsified polymerized asphalt (HFRS-2P) in accordance with Bid Invitation No. BI -0121-97 with Koch Materials Company, Corpus Christi, TX., based on low bid meeting specifications for a total of $435,174. The term of the contract will be 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. Streets Services will use this material with precoated aggregate for street construction and repairs. Funds have been budgeted for FY 96/97 by Street Services. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 11. M97-102 Motion approving a supply agreement for approximately 20,000 tons of hot mix asphalt in accordance with Bid Invitation No. BI -0131-97 with Bay, Ltd., Corpus Christi, TX., based on the low bid of $474,800. The term of the contract will be twelve months with 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. This material is used by Street Services and funds are budgeted in FY 96/97. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, purchase of construction equipment. Mr. J.E. O'Brien said lease/purchases should be used sparingly since they increase the city's indebtedness. City Manager Hennings commented that when the Council adopted the FY 1996-97 budget, the General Fund budget was very tight and the necessary capital equipment replacement purchases could not be made; consequently, the Council decided to use the lease/purchase approach in order to acquire some of the capital equipment needed. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting April 29, 1997 Page 15 15. M97-106 Motion approving the purchase of construction equipment including utility tractors, tractor/loader/backhoes, track excavator, equipment trailers, motor grader, rollers, wheel loader, and crawler tractor from the following suppliers in accordance with Bid Invitation No. BI -0113-97. Awards are based on low bid, low bid meeting specifications, and only bid. Six bid items, in the total amount of $434,685, were budgeted in the 1996-97 Capital Outlay as purchase and six, in the total amount of $355,479, were budgeted as lease/purchase. Coastal Plains Equipment Co. Corpus Christi Bid Item 1 $43,794 Bid Item 3 $31,326 Bid Item 4 $41 297 $116.417 Closner Equipment Co. San Antonio Bid Item 9 $49,947 Bid Item 10 $47 942 $97 889 Gulf Tractor Company Corpus Christi Bid Item 2 5114.000 Holt Company of Texas Corpus Christi Bid Item 7 $ 9 880 Waukesha Pearce Industries Corpus Christi Bid Item 8 $89 377 Preco Machinery Co. Corpus Christi Bid Item 11 $95,590 Bid Item 5 $172,932 Bid Item 6 $23 241 $291,763 J.C. Brown, Inc. Corpus Christi Bid Item 12 $70 838 GRAND TOTAL OF AWARDS: $790,164 The foregoing motion passed by the following vote: Capelo, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Garcia absent. * * * * * * * * * * * * * Following a brief discussion, Council Member Gonzales made a motion to defer the closed session until after the public hearing on the Consolidated Annual Action Plan. The motion was seconded, and it passed (McNichols voting "No", Cooper absent). The Mayor then called for the City Manager's report. Mr. Hennings said following the discussion at the last Council meeting concerning the subgrant peer panel, staff tried to solicit additional nominations for that panel and will be making a recommendation to the Council during the May 13th meeting. In addition, he said the Texas Minutes Regular Council Meeting April 29, 1997 Page 16 Natural Resource Conservation Commission has granted a continuance of the city's request to modify the freshwater inflow operating plan. He said that hearing will be held on June 25, 1997, and staff will be working with the state agencies to try to overcome their objections to the city's proposal. Mr. Hennings asked Mr. James Dodson, Regional Water Director, to provide an update on the city's water supply situation. Mr. Dodson said the city was still in a drought with regard to its water supply. He said the data on the stream flows into the reservoir system over the last 64 years indicates that the period 1993-96 is the lowest four-year total on record, followed by the 1960-63 period, which has been used as the drought of record for design purposes. He referred to charts to discuss the amount of inflow versus water demands, noting that the reservoir system is still 3% lower than it was at this time last year. Mr. Hennings added that the amount of water in the reservoirs is dependent upon the water received from the rivers, and April was the only month in which inflows were received. Council Member McNichols pointed out that the water used in this region has to be released from the reservoir so that it can flow down to the city's treatment plant. Responding to Mayor Neal, Mr. Hennings said the details of the operating plan will have to be developed as the Lake Texana pipeline comes on line. Mr. Neal emphasized that it was important to plan for several contingencies. Mr. Hennings also reported that he had met with representatives of the Fire Fighters Association on April 28th, in which they discussed the city's offer of a one-year contract with a 4% pay raise going forward, and a 4% pay raise retroactive to February 1997, with 2% of that retroactive to August 1996. He said the union did not agree to that proposal, and countered with a proposal for a 4% pay raise going forward, and a 4% pay raise retroactive to August 1996. He said their proposal was about $165,000 more than the city's offer, and Mr. Hennings told them he would not recommend their proposal to the Council. Council Member Martin asked if there was any discussion about a long-term contract, and Mr. Hennings said there was not. Responding to Council Member Capelo, Mr. Hennings said the city's proposal would have resulted in increased cost in the current budget of $507,377, and the request of the Fire Fighters Union would increase cost in the current budget by $672,023. Mr. Capelo asked if any other issues were discussed. Mr. Hennings said the union asked for 14 items, most of which would increase cost to the city, such as increased benefits. After that, the union asked if the city would consider just a 4% salary adjustment retroactive to August, with no other changes. Then they discussed including some changes which had been tentatively agreed to which would not have any affect on cost. Minutes Regular Council Meeting April 29, 1997 Page 17 Mr. Martin asked if the discussion about the fire fighters' contract was appropriate for a closed meeting, and City Attorney Bray said the item could be posted and a closed meeting held on that subject. Mr. Martin said he would like to discuss this issue in a closed meeting during the May 13th Council meeting. Mr. Hennings said the Texas Department of Transportation would be having a meeting May 7th about speed limits on state highways, including expressways in Corpus Christi. The meeting will be held at 7 p.m. at Texas A&M University -Corpus Christi. He said that key items scheduled for the May 13th Council meeting included: briefings by the Workforce Development Corporation and the Business Alliance concerning jobs; and major transportation projects (Kennedy Causeway, Crosstown Expressway extension, I-69, and the northside port road). Mr. Hennings then discussed the Lighthouse Restaurant lease. He noted that the marina office facilities were destroyed by Hurricane Allen in 1980; subsequently, the city advertised for a project to rebuild the city's marina office in conjunction with a restaurant. Mr. Harrison submitted the successful proposal and he built a restaurant, the marina office, and public restrooms, and he operated the fueling station. In 1994, Mr. Harrison requested and received an amendment to his lease in order to expand his restaurant. The amendment increased Mr. Harrison's rent payments by $40,000 per year; required him to construct a new fueling facility for the marina on the Lawrence Street T -Head; and it provided four boat slips for the use of the Lighthouse. Mr. Hennings went on to say that Mr. Harrison has had some difficulties in the expansion of his restaurant. His payments under the new lease were current through October 1996, but he did not meet the payment requirements for November and December 1996. At that point, the city invoked the default provisions in his lease, and he then said he would seek an amendment to the lease. Mr. Hennings said Mr. Harrison is asking that he be allowed to defer a portion of his rent requirements in 1997, 1998 and 1999, or a total of about $40,000 per year for three years. In addition, Mr. Harrison would repay that amount, with the first payment being a lump sum of $40,000 on July 31, 1999, and the balance of $80,000 would be repaid beginning August 1, 1999, at the rate of $1,500 per month at an interest rate of 8% per year. The City Manager said that item would be on the May 13th Council meeting. Also, at the next meeting the Landry's Restaurant lease is up for renewal. Mr. Hennings said the Council had decided to hold a budget workshop on June 3, 1997, and he said they had discussed extending that workshop to include Council priorities and goals. Mayor Neal suggested that the workshop begin at 8 a.m. on June 3rd. Mayor Neal said he would defer Council reports until after the Annual Action Plan public hearing. He then called for petitions from the audience, and there were none. The Mayor recessed the Council meeting for a short break prior to the public hearing. Minutes Regular Council Meeting April 29, 1997 Page 18 * * * * * * * * * * * * * Mayor Neal reconvened the Council meeting and opened the hearing to receive public comments regarding the City of Corpus Christi's proposed FY97 Consolidated Annual Action Plan (AAP), which is the application for funding for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG) programs. City Secretary Chapa explained that it would be preferable for the groups present to select a representative to speak for them, and that person would be given five minutes to make the presentation. Any additional speakers addressing a particular project would be given three minutes each. Mr. Tom Utter, Assistant City Manager for Development Services, said the Council had been given a large notebook containing all of the projects seeking funding, as well as the staff's and Planning Commission's recommendations. He outlined the funding amounts for each of the three programs under the Annual Action Plan: CDBG program - $5,058,000; HOME - $1,556,000; and ESG - $133,000. In addition, under the CDBG program, there is $700,000 of program income from the rehabilitation program, and $230,000 in reprogrammed funds, for a total of $5,988,000 available for the FY97 CDBG program. He said that following the comment period on the Annual Action Plan, the Council would take formal action on May 13th to adopt the plan, which will be published on May 25th and submitted to the Department of Housing and Urban Development on June 13th. Mr. Utter said the funding date for all three programs is August 1, 1997. Mayor Neal called for comments from members of the Planning Commission. Ms. Sylvia Perez, Chairperson, and Mr. Tom Niskala recognized the other members of the Commission who were present. Ms. Perez said the Commissioners felt that current community needs require greater emphasis on youth projects and non-profit agencies that help to meet the needs of the target -area neighborhoods. Consequently, the Planning Commission unanimously recommended that selected public infrastructure projects be deferred so that more projects could be funded under that new priority. Mr. Niskala said the Commissioners felt that every project submitted merited consideration, but they recognized that funds were limited and they placed more emphasis on youth and community projects. Mayor Neal thanked the Commissioners for their efforts. Mayor Neal called for comments from the audience. City Secretary Chapa announced the projects as each speaker went up to address the Council. Ms. Elsa Ciminelli said she was Chairperson of the Program Planning and Evaluation Subcommittee of the Senior Community Services Advisory Committee. She submitted a list of over 300 people who endorsed the use of CDBG funds for a senior center on the south side of Corpus Minutes Regular Council Meeting April 29, 1997 Page 19 Christi. Ms. Linda Ard said that for the last year Del Mar College has been working with several area employers concerning their employees' dependent needs, and she described a study which had been conducted concerning the need for an "intergenerational" center on the south side of the city. Mr. Vic Menard, representing the AARP, explained why they support the concept of a south side senior center, which could incorporate intergenerational programs. Ms. Maxine Reiser said she supported a south side senior center, but was not in favor of the formation of a south side intergenerational center. Dr. Maria Luisa Garza, of the Gulf Coast Council of La Raza, discussed the requests for improvements to the organization's runaway shelter and assessment center under the CDBG and ESG programs. Ms. Sharon Massad described how the Gulf Coast Council of La Raza's center has personally assisted her and her son, particularly with parenting classes and by fighting the influence of gangs. Ms. Sandy Chilton said that with the assistance of La Raza's center, her daughter, who was a runaway and a dropout, will be able to obtain her G.E.D. Mr. Kevin Scholten said his son was an at -risk student and La Raza's center made a big impact on his son's life. Ms. Barbara Ayala, Director of La Raza's STAR program (Services to At -Risk Youth), described the program's purpose and the way in which it assists youth through cooperation with other area agencies and schools. Mr. Ricardo Gonzalez spoke in support of the Gulf Coast Council of La Raza. Mr. Phil Rosenstein, a member of the Lindale Senior Center Site Council and an advocate for senior citizens, described the need for renovations to the Lindale and Greenwood Senior Centers. Ms. Yvonne Guerra, representing the AVANCE Inc. Corpus Christi Chapter, discussed the organization's request for funds for a new building at West Oso Independent School District to provide intervention model programs for education, social support and new opportunities. Ms. Diane Lerma said she was presently attending parenting classes through AVANCE Corpus Christi, and she described the need for a new facility. Minutes Regular Council Meeting April 29, 1997 Page 20 Ms. Katrina Griffith, Administrative Director of Corpus Christi Metro Ministries Inc., described the services provided by Metro Ministries, including the operation of a free cafeteria, a women's shelter, an employment program, and other services. Mr. Ernest Branscum represented the Salvation Army, which had two projects requesting funding under the ESG program for the homeless shelter and the CDBG program for ADA restroom renovations at the Community Center at 1802 Buford. Mr. Rudy Cantu discussed the request by Catholic Social Services of Corpus Christi Inc. (CSS) for funds to construct a facility to house the Ark Assessment Center and Emergency Shelter. Mr. Freddie Martinez spoke in support of the Ark Assessment Center. Ms. Delma Trejo recognized the people who were present in support of CSS and the Ark Assessment Center. She discussed the need for that center and the services provided through the New Life Program. Msgr. Robert Freeman gave a brief history of CSS's New Life Program, and he discussed the importance of that program and the need for the Ark Assessment Center. Sister Milagros Tormo said she hoped the city will be able to assist in the development of the Ark Assessment Center. Dr. Michael Meaney also spoke in support of the Ark Assessment Center. Mr. Abel Alonzo said ADA improvements should be made through the General Fund and not through CDBG funds, which he said should be used to assist community organizations. Ms. Catrina Steinocher, Acting Executive Director of the Family Violence and Sexual Assault Prevention Center of South Texas (the Women's Shelter Inc.), acknowledged board members and staff members of that agency. She said domestic violence is a difficult problem and she described how the Women's Shelter assists women and children. Ms. Lisa Christie, a client and advocate for the Women's Shelter, described how the shelter assisted her and her four children escape an abusive situation and put their lives back together. Ms. Shirley Gonzalez, Residential Coordinator at the Women's Shelter, said she and her five children also benefited from the services provided by the shelter. Ms. Laura Jimenez spoke on behalf of the Women's Shelter. Minutes Regular Council Meeting April 29, 1997 Page 21 Mr. Hal Knight, President of the Board of the Coastal Bend Alcohol and Drug Rehabilitation Center ("Charlie's Place"), introduced Mr. Jim Whatley, who discussed the organization's request for funds to acquire additional space for their counseling and treatment services. Ms. Deborah Parker, Executive Director of Charlie's Place, said a similar center in Kansas helped her recover from her addiction, and she described the need for the additional site in Corpus Christi. Mr. Rudy Cantu described how the Nueces County Community Action Agency (NCCAA) has assisted residents of the community. He said the NCCAA was requesting $80,000 to weatherize homes occupied by low-income families. Mr. Joe Martinez addressed NCCAA's request for funds to house their Headstart program on the north side of Corpus Christi. Sister Tormo, a former NCCAA board member, spoke on behalf of the agency's requests. Ms. Edna Jackson discussed the need for funding at the Greenwood Molina Nursery School to expand the child care services and improve the conditions at that facility. She recognized people present who supported that school. Ms. Christina Martinez said she and many other parents and children have benefitted from the services provided by the Greenwood Molina Nursery School. Ms. Nancy Sommers, Director of Dispute Resolution Services in Corpus Christi, spoke in support of the Greenwood Molina Nursery School. Mr. Carl Lewis, Nueces County Attorney, said he has been on the board of the Greenwood Molina Nursery School for several years. He also spoke in support of Universal Little League, which was requesting funding for construction of a senior field. Mr. John Owen, President of Goodwill Industries of South Texas Inc., addressed the agency's request for funding to expand their job training facility. He said Goodwill Industries has been in South Texas since 1948, and he described the services they provide. Ms. Lillie McDaniel said her parents live at 2041 Harvard and their street was in need of curbs, gutters and sidewalks (which was one of the projects included in the requests for CDBG funding). Mr. Jim Hietpas said many more curb cuts for persons with disabilities are needed in the city. Minutes Regular Council Meeting April 29, 1997 Page 22 Ms. Alda Godines, Director of the Center for Hispanic Arts, described the center's need for air conditioning improvements. Mr. Rudy Sosa, Executive Director of Neighborhood Centers of Corpus Christi Inc., said the organization is celebrating 71 years of services to the community. He said they are requesting funds to improve the Elgin Park Neighborhood Center located at 2955 Greenwood. Mr. Moses Leyba spoke on behalf of Universal Little League's request for funding for construction of a senior field. Mr. John Coco, 4628 Carroll Lane, spoke on behalf of the local Handball Association concerning their efforts to promote outdoor handball courts in the city. He said he has worked with Park and Recreation Department staff in trying to identify funds for that use, and he discussed the benefits of outdoor one -wall courts for handball and racquetball use. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Gonzales, and passed unanimously (Cooper absent). Responding to Mayor Neal, City Secretary Chapa said the Council had the authority to take action on the Annual Action Plan at that meeting, or they could defer action until the next Council meeting. Council Member John Longoria made a motion to work off of the staff's recommendation on the list of projects requesting funds. He said that would not prohibit the Council members from making other recommendations concerning funding, but it would make the discussion more simple. Mr. Martin seconded the motion. Council Member Gonzales said he would like to take more time to study the projects, and he suggested that the Council postpone action until the May 13th meeting. Council Member McNichols suggested that the ESG and HOME projects be removed from the discussion for funding. Council Member Capelo said he also wished to take more time to study the projects. In reply to Mayor Neal, Mr. Utter said if the Council took action any later than May 13th, it could move the city's funding date back. Council Member Martin pointed out that Mr. Longoria's motion did not address when the Council would consider the funding, but rather suggested a simpler way to address it. Minutes Regular Council Meeting April 29, 1997 Page 23 Replying to Council Member Garcia, Mr. Utter explained that the HOME funds can only be used for housing, which he described. Mr. Martin requested a list of the CDBG projects that would also be eligible for HOME funds; in addition, he requested information concerning the projects that involved in-house engineering. Council Member Betty Jean Longoria commented on the importance of completing certain street projects. Mr. Garcia asked for a report on the organizations which have received funding through the Annual Action Plan during the last five years. Following additional discussion on Mr. Longoria's motion to work off of the staff's recommendation column when considering the funding requests, a voice vote was called for, and the motion passed by the following vote: Capelo, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales voting "No"; Cooper absent. Mr. Hennings and Mayor Neal thanked city staff for their efforts in compiling the information for the Annual Action Plan. * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071, regarding the following: Pascual J. Arnal and the Corpus Christi Police Officers Association v. City of Corpus Christi, Case No. 95-5591-H, 347th District Court, Nueces County, Texas, with possible action in open session; Betz v. City of Corpus Christi, Case No. 93-177-C, 94th District Court, Nueces County, Texas, with possible action in open session; certain potential litigation claims; and potential litigation claim of Edward Seth Rogers Jr. The Council went into closed session. The Council returned from closed session. City Secretary Chapa polled the Council for their votes as follows: M97-110 Motion authorizing the City Manager to execute necessary documents in Pascual J. Arnal et al v. City of Corpus Christi, No. 95-5591-H, 347th District Court, Nueces County, Texas, to settle all claims of all parties for $450,000 without reinstatement. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, Minutes Regular Council Meeting April 29, 1997 Page 24 J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. ORDINANCE NO. 022916 Ordinance appropriating $450,000 from the Unreserved Balance of the Self -Insurance Fund for lawsuit settlement. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal called for Council concerns and reports, and there were none. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 9:50 p.m. on April 29, 1997. * * * * * * * * * * * * *