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HomeMy WebLinkAboutMinutes City Council - 03/10/1998I 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 March 10, 1998, which were approved by the City Council on March 17, 1998. WITNESSETH MY HAND AND SEAL, this 17th day of March, 1998. elr— Armando Chapadi City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 10, 1998 2:00 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Dr. David McNichols Council Members: Javier D. Colmenero Melody Cooper* Alex L. Garcia Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. 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 Rev. Harold T. Branch (retired), following which the Pledge of Allegiance to the flag of the United States was led by Council Member Colmenero. 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 joint City Council/Planning Commission meeting and the regular Council meeting of February 24, 1998, and there being no corrections, he proclaimed them approved as presented. ************* Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: C.C. Bay Area Minori y Business Opportunity Steering Committee Claude Adams Jesus Leija** Lamont Taylor Rudy Ortiz Robert Colmenares **Ineligible Appointment Food Service Advisory Committee Gabriel Hernandez Senior Community Services Adv. Cmte. Alicia Charo Gloria Garza Annie Poldrack Marjorie Hays Carmen Arias Anna Gonzales Alan Bligh Flapper Bradley Minutes Regular Council Meeting March 10, 1998 Page 2 Library Board Charles Burnes Treva Bedwell Water/Shore Adv. Committee David Krams Community Youth Development Committee (78415) Ozzie Ahumada Zuelma Castillo Janet Carlson Scott *Council Member Cooper arrived at the meeting at 2:15 p.m. * * * * * * * * * * * * * Upon the request of City Manager Hennings, Mayor Neal deviated from the regular agenda and opened discussion on Item 3, issuance of certificates of obligation. Mr. Hennings explained that staff had a deadline of 3 p.m. that day to take action on Item 3 so the bond buyers would know the decision was made before the market closed at the end of the day. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, said the last time this item was discussed, the City Manager had commented that by approving this the Council was not necessarily voting to increase the tax rate. He then quoted from a portion of the support material (specifically some wording in the proposed ordinance) pertaining to the levying of ad valorem taxes, which he said appears to be a tax increase. Mr. O'Brien also noted that the certificates of obligation are also backed by any surplus revenues of the Solid Waste Services department. He said he thought that most of that revenue is already pledged to other certificates of obligation debt. He questioned if, in fact, there are surplus revenues, whether that would indicate that citizens were being overcharged on solid waste fees. Mr. Hennings replied that as Mr. O'Brien knows, the language he quoted in the support material is a standard part of a general obligation debt issue --which is a pledge of property tax revenues to assure the bond buyers that the city will repay the debt. Mr. Hennings pointed out that the city's tax rate is only about one-fourth of the total amount of taxes that are paid by citizens (CCISD has the largest portion of taxes). He said of the city's 62 cent tax rate, approximately 18 cents is currently allocated to the debt service fund. Mr. Jorge Cruz-Aedo, Director of Finance, explained that bids for the certificates of obligation (COs) were opened that morning at 11 a.m. and four bids were received, one of which was disqualified because it came in after the time deadline. He said the low bid was submitted by a syndicate consisting of Paine Webber/Dain Rauscher/Legg, Mason, Wood & Walker/Salomon Smith Barney/Norwest Investments, and the effective interest rate for the COs is 4.695046%. He and Mr. Hennings said staff is recommending that syndicate receive the award based on its low bid. Minutes Regular Council Meeting March 10, 1998 Page 3 Mr. Hennings also pointed out that Items 4.a., 4.b., and 4.c. on the day's agenda were motions approving contracts for procurement of the replacement computer systems, and negotiations have not been completed. He said he wanted to withdraw those items for one week. Council Member Martin asked what were the bond ratings. Mr. Cruz-Aedo said the rating from Standard and Poor's was "A+" and the rating from Moody's was "A3," which was the same ratings the city had had previously. Mr. Martin also asked about the debt service schedule, and Mr. Cruz-Aedo said staff would provide that information to the Council. Mr. Martin said he thought the Council should, at this time or next week, pass a motion that expresses the intent of the Council to make a serious attempt to not raise taxes. He said that as Mr. Hennings prepares the budget, the Council should direct whether this is to be absorbed within the budget or whether it is outside of the existing rate issue. Mr. Martin asked what staff's original rate estimate was, and Mr. Cruz-Aedo said they had estimated 4.5%. Council Member McNichols said if growth in the city's tax base in the next few years is the same as in the past, it would be extremely difficult to absorb these costs in the city's existing revenue stream. He expressed concern about having a funding mechanism in place for the repayment of the debt. Responding to a question from Dr. McNichols, Mr. Cruz-Aedo explained the section pertaining to redemption of the certificates. Mr. Martin also commented on the bids themselves. In reply to Mr. Martin, Mr. Cruz-Aedo said the COs are triple-A insured and the buyer is paying the premium. Mr. Hennings said staff was planning to provide the Council with a budget update on March 31st, and Mr. Martin asked Mr. Hennings to include a proposal incorporating his earlier comments about expressing the Council's intent on this issue. Mr. Martin then made a motion to award the contract to the Paine Webber syndicate, seconded by Dr. McNichols. The motion passed unanimously. Mr. Martin asked how the proceeds would be used if the prices for the computer system replacements come in lower than anticipated. Mr. Jeff Leuschel, of McCall, Parkhurst & Horton (city's bond counsel), said if the costs are lower than expected, in order to preserve the tax-exempt status of the COs, they would advise that the surplus be put into the debt service fund to retire the debt. Mr. Martin suggested that also be incorporated into the proposal that Mr. Hennings will make for the upcoming budget discussion. City Secretary Chapa polled the Council for their votes as follows: 3.a. ORDINANCE NO. 023240 Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the Minutes Regular Council Meeting March 10, 1998 Page 4 issuance of $9,825,000 City of Corpus Christi Combination Tax and Revenue Certificates of Obligation, Series 1998, and ordaining other matters relating to the subject. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 3.b. ORDINANCE NO, 023241 Ordinance appropriating $9,825,000 from the proceeds of the sale of Combination Tax and Revenue Certificates of Obligation, Series 1998 in the No. 510 Computer Systems Capital Improvement Fund to purchase computer equipment and Year 2000 compliant software; amending the FY 97-98 Capital Improvement Budget, adopted by Ordinance No. 023174, by adding $9,825,000 to the No. 510 Computer Systems Capital Improvement Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 4.a. WITHDRAWN 4.b. WITHDRAWN 4.c. WITHDRAWN Mvti.,n authvilriiig the City Manager a hi3 desigiiet. to 1 gotiate-alid execute an agreement ciwiecs. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. Mr. Malcolm Matthews, Director of Park and Recreation, discussed plans to expand the H.E.B. Tennis Center in conjunction Minutes Regular Council Meeting March 10, 1998 Page 5 with the Corpus Christi Tennis Association (CCTA), as well as a benefit tennis match. Mr. David Richter, architect for the CCTA, gave a computer -animated presentation on the expansion plans, which he explained. He noted that the plan is to build six covered courts which will enable the facility to again host national tennis tournaments. Mr. Matthews noted that the city had entered into an agreement with the CCTA in February 1997, at which time the city pledged $450,000 toward the project. The funds were secured from the Lloyd Sessions and Mildred Sessions estates; in addition, the association has raised about $900,000 toward the project. Mr. Steve Denton, tennis pro at the H.E.B. Tennis Center, announced a benefit match on March 13th that will feature tennis stars Jimmy Connors and John McEnroe. The proceeds from that event will go toward the tennis center's expansion project as well as to launch a new program called "Advantage Youth." The program is intended to allow between 3,500 and 4,000 children per year to come to the tennis center for free tennis lessons. He said the youth tennis program will be modeled after the swimming program offered for students at the Corpus Christi Natatorium. He added that Mr. McEnroe has agreed to be the national spokesman for this project. Mayor Neal said that despite criticism to the contrary, there are many opportunities for youth in this community, and the "Advantage Youth" program is a good example of what can be accomplished when the public and private sectors work together. He encouraged the organizers to include students from all five of the city's school districts. Council Member Colmenero suggested they also include the private schools. Mr. Denton commented that Incarnate Word Academy already has a tennis program at the H.E.B. Tennis Center. He said they would encourage all schools to take part if they can provide the transportation for the youth to the tennis facility during school hours. He briefly commented on tennis tournaments that come to Corpus Christi. Council Member Martin commented that the city's Park and Recreation Department offers many programs for people of all ages, and he said it is important to spend an equivalent amount of funds on youth who are not in trouble instead of pouring it all into jails and other facilities. Responding to Council Member Garcia, Mr. Denton said they are still in the process of raising funds for the tennis center rehabilitation. He also thanked Mr. Richter and his associates for their efforts in the design of the facility. Council Member Gonzales asked about the tennis program at South Bluff Park. Mr. Matthews explained that there are 10 courts there (H.E.B. Tennis Center has 24 courts), and it is utilized more for adult tennis programs, including weekend tournaments. He commended Ms. Susan Torrance, the tennis pro at the Al Kruse Tennis Center located at South Bluff Park. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Minutes Regular Council Meeting March 10, 1998 Page 6 Mr. David Longoria, 1017 Barracuda, discussed a city muffler contract that went out for bids in April 1997. He said this contract was handled in the same way as other city contracts. He said staff at the city's Service Center called to inform him that his muffler shop had submitted the low bid (although they did not say he had submitted the only bid), and they asked if Mr. Longoria would start immediately honoring the prices he had bid for services performed, which he said he did for about four months. He asked the Council to either ratify the contract or not ratify it, but he said they needed to know something definitely. He acknowledged that he had received a check from the city, but he said acceptance of that money did not mean he was forgetting about the contract. City Manager Hennings said the bidding process for muffler service resulted in only one bid, from Longoria's Muffler, and he rejected that bid due to lack of competition and to the increase in price. Subsequently, he made several attempts to resolve the situation but they were unsuccessful. He said he eventually met with Mr. and Mrs. Longoria and told them he had done all he could. He told the Longorias that their bid had been rejected and the city had no basis to grant their request that they be given a contract to be the sole provider of this service to the city. Mr. Hennings said at that point Mr. Longoria indicated he would initiate litigation. After that, the Longorias submitted a claim and following negotiation, the city made a payment in settlement of their claim. Mr. Hennings added that the city has been purchasing muffler repair service on a per job basis; however, he noted that the purpose of having an annual supply contract is to aggregate work in larger quantities to achieve some cost savings. City Attorney Bray said there is not a contract because contracts over $15,000 have to be approved by the City Council, which never occurred with regard to this situation. He added that in the past the City Manager has rejected contract bids whenever there was reason to do so. Council Member Gonzales asked if it would be proper to award the contract based on the first bid that Mr. Longoria submitted. Mr. Hennings said there are some complexities involved in this issue, including the fact that the city reached a settlement with the Longorias and paid their claim for work that was done subsequently. He said he supposed that settlement would have to be undone somehow, and he thought Mr. Longoria wanted the contract to go forward from today rather than from one year ago. He said Mr. Longoria also views this as a three-year contract, which it is not. Mr. Hennings said that technically the Council could rescind his rejection of the bid, which would bring the bid back. Council Member Colmenero asked about the rotation of work. Mr. Hennings said it involves rotating the city's muffler repair needs with different local muffler shops. Mr. Colmenero asked what were the differences between Longoria's Muffler and the other companies. Mr. Hennings explained that the city had experienced a claim from an employee of a vendor who suffered an injury on city property in the course of delivery of an item. In an effort to guard against exposure for that type of claim, the city's Risk Management Department asked that the city require vendors to carry worker's compensation insurance on this type of contract because it involved a shop's employees coming to Minutes Regular Council Meeting March 10, 1998 Page 7 city property to pick up and deliver the vehicles. The problem was that requirement resulted in a lack of competition and a much higher price for the muffler repair service, which was the reason he rejected the bid. He said within the next few weeks he will determine whether there is a viable alternative in order to acquire competitive bids for this service. In reply to another question from Mr. Colmenero, Mr. Hennings said the amount of the previous contract was $17,998, and Mr. Longoria's bid was $32,929. He said that according to Mr. Longoria, part of that was due to an increase in the amount of business. Responding to Council Member John Longoria, Mr. Hennings said he is trying to develop a new annual supply contract that can receive competitive bidding. He reiterated that he thought he could bring a proposal to the Council in about two weeks, which is his recommendation. Council Member Garcia asked if Longoria's Muffler was still on rotation with the other shops, and Mr. Hennings said it was. He said an annual supply contract would entail the city sending all of its work to one vendor, which could produce the best price as long as there is competitive bidding. He added that he would not act on this without the Council's concurrence. Council Member Martin asked if worker's compensation was required on the rotation of jobs with different shops, and Mr. Hennings said it was not required. Mr. Martin also asked about the different rates being charged. Mr. Hennings replied that in the case of Longoria's Muffler, the bid price was $28 per hour for labor cost, while the actual cost has been $40 per hour for labor. Mr. Martin wondered if the city has spent more in the last 12 months than it would have spent if the contract had been awarded initially. Mr. Hennings said he doubted they have spent more but he thought it would be close to that amount, and Mr. Martin pointed out that worker's compensation would have been included. Mr. Martin added that he thought the contract should have been awarded a year ago, but since that is in the past, the question remains about the policy issue regarding workman's compensation. Mr. Hennings said part of the delay in this issue was caused by the threat of litigation. Dr. Gonzales asked if the new proposal will include workman's compensation, and Mr. Hennings said it probably will not, although the point is to acquire competitive bids. Responding to another question from Dr. Gonzales, Mr. Hennings said staff needs to investigate the rates that are currently being charged by other muffler shops on the per -job basis. Mayor Neal asked staff to solve the muffler contract problem as quickly as possible, and outside of that contract they need to discuss the policy issue of insurance. Mr. David Longoria came back to the podium and stated that the average rate the city is paying for muffler service on a rotation basis is $25-$30 per hour; his original bid was $28 per hour. Minutes Regular Council Meeting March 10, 1998 Page 8 Ms. Mary Beth Nelson, 2721 Erie Dr., said that the city firefighters are currently negotiating with the city over the cost of living increase they will receive this year. She said she agrees that the current firefighters deserve a cost of living increase, but she said the older firefighters, known as the "Old Smokies," deserve the same consideration. She said many of the retired firefighters or their widows have received from $25 to $300 per month for many years with no cost of living increase, despite rising medical costs and many other costs. Ms. Nelson said in the past six years she has served as the Mayor's representative on the Firefighter's Pension Board and she lobbied the firefighters to correct the "Old Smokies" pension problem, and last year they approved a minimum pension of $600 per month. The Attorney General's Office issued an opinion approving the increase for firefighters who retired after 1973 but not before. She asked the Council to consider a resolution appealing to the Attorney General or the Legislature to correct the pre -1973 problem. She also asked that the current firefighters' contract negotiations await the outcome of another union election on whether to reverse the "Old Smokies" pension increase. Mr. Hennings and Mayor Neal thanked Ms. Nelson for all of her efforts to help the firefighters. The Mayor then asked what the city's position is on that issue. Mr. Hennings replied that under state law, changes in the firemen's pension fund benefits plan can only be accomplished upon approval of a vote of the current active firefighters --city government does not have any control over that. Mr. Martin pointed out that Ms. Nelson had also requested that the Council appeal to the Attorney General or the Legislature about the pre -1973 issue. Ms. Nelson added that the pre -1973 issue is a matter of semantics. Mr. J.E. O'Brien, 4130 Pompano, said the rate for the sale of certificates of obligation had been estimated by staff to be 4.5%, while he had estimated it to be 4.8%, which was closer to the actual rate He also asked if the Coastal Bend Council of Governments (COG) was still collecting their portion of the increased telephone fee. Mr. Hennings replied that the City of Corpus Christi did request that the 50 cent 911 fee collected by the COG be discontinued January 1, 1998. However, the state agency that oversees that (State Advisory Commission on Emergency Communications) asked the state Attorney General for an opinion about their authority to implement that request. Mr. Hennings said the Attorney General's opinion is pending and the COG is still collecting the 911 fee. Mr. Leon Perez, 904 Buford, warned city staff, based on his personal experience, to be cautious about the type of mufflers the city buys. ************* Mayor Neal opened discussion on Item 5, neighborhood preservation area. City Manager Hennings said this proposal was an opportunity to possibly acquire federal grant money to assist in planning in the Williams Drive neighborhood. The Mayor called for comments from the audience, and there were none. Minutes Regular Council Meeting March 10, 1998 Page 9 Mr. Tom Utter, Assistant City Manager for Development Services, explained that there are many areas in the city that are eligible for grants under the Community Development Block Grants or the Enterprise Zone; however, the city has not previously requested a designation for a neighborhood preservation and redevelopment area. He used a map to describe the proposed area, which includes the Gardendale area and is bounded by Williams Drive, Holly Road, Everhart Road, and Airline Road. Mayor Neal asked if this designation would affect the zoning process or the master plan for that area, and Mr. Utter said it would not. Responding to Council Member Cooper, Mr. Utter said if the Council approved the proposal at that meeting the designation would be in effect. In reply to Council Member Garcia, Mr. Utter described some of the pressures, including traffic congestion and developmental pressures, that are occurring in the Gardendale area, particularly along Williams Drive. Mr. Garcia noted that there is a residential area right behind Moore Plaza that was not included in the designated area. Mr. Utter said there was no reason not to include that specific neighborhood. Mr. Garcia made a motion to amend Item 5 to include the residential area on the north side of Williams Drive between Everhart and Staples, seconded by Mrs. Cooper, and passed (Martin abstaining, Gonzales and J. Longoria absent). Mr. Martin said he was abstaining because he owns a piece of property in that area, even though City Attorney Bray had said that was not necessarily a conflict of interest. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 023242 Ordinance creating the Williams Drive Neighborhood Preservation and Redevelopment Area. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Colmenero, Cooper, Garcia, B. Longoria, McNichols, and Neal voting "Aye"; Martin abstaining; Gonzales and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, Community Youth Development proposals. He 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 March 10, 1998 Page 10 6. M98-057 Motion authorizing the City Manager or his designee to submit Community Youth Development Program supplemental proposals in the amount of $70,000 to the Texas Department of Protective and Regulatory Services. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 7. Case No. 298-1, Sammy Kins: A change of zoning from an "AT" Apartment -Tourist District to an "AB" Professional Office District on the east half of Lot 1, Block 1, Seaside Subdivision, located on the southwest comer of Ocean and Robert Drives. City Secretary Chapa said the Planning Commission and staff recommended approval of the "AB" Professional Office District. No one appeared in opposition to the zoning change. Council Member Martin made a motion to close the public hearing, seconded by Council Member Garcia, and passed. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 023243 Amending the Zoning Ordinance upon application by Sammy Kins, by changing the zoning map in reference to the east half of Lot 1, Block 1, Seaside Subdivision, from "AT" Apartment -Tourist District to "AB" Professional Office District. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales and J. Longoria absent. City Manager Hennings announced that there had been a release of sulphur dioxide and hydrogen sulfide gases at the Koch West Refinery, and a shelter -in-place program has been imposed within three-quarters of a mile of the plant. ************* Mayor Neal called for consideration of consent motions, resolutions, ordinances and Minutes Regular Council Meeting March 10, 1998 Page 11 ordinances from previous meetings on Items 8-21, and Council members requested that Items 8, 14, and 20 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 9. M98-059 Motion approving the purchase of diesel engine repair parts from Fairbanks Morse Engine Division, Houston, Texas, in the amount of $22,730.34, based on sole source. The parts are to be used for repair of the engines located at Storm Water Pump Stations. Funds have been budgeted in the FY 97-98 Storm Water Activity. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 10. M98-060 Motion approving a supply agreement with La Roche Industries, Inc., Seabrook, Texas for approximately 250 tons of anhydrous ammonia in accordance with Bid Invitation No. BI - 0107 -98, based on low bid for an estimated annual expenditure of $53,250. The term of the contract 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 in FY 97-98 by the Water Department. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 11. M98-061 Motion approving a supply agreement with Brance-Krachy Co., Inc., Houston, TX for approximately 635 magnesium anodes in accordance with Bid Invitation No. BI -0091-98, based on best bid for an estimated annual expenditure of $79,476. The term of the contract 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 in FY 97-98 by the Gas Department. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 12. M98-062 Motion approving the purchase of one Screw Centrifugal Scum Pump in accordance with Minutes Regular Council Meeting March 10, 1998 Page 12 Bid Invitation No. BI -0101-98 from Envirotech Pump Systems, Salt Lake City, UT, for the amount of $16,616, based on low bid. The pump will be used by Wastewater Services and is budgeted in the 1997-98 Capital Outlay as a replacement pump. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 13. M98-063 Motion approving supply agreements for lubricating oils, greases and antifreeze with the following companies, for the following amounts, in accordance with Bid Invitation No. BI - 0086 -98 based on low bid for an estimated annual expenditure of $79,196.50. The term of the contracts shall be for twelve months with options to extend for up to two additional twelve month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 97-98. Special y Oil Co. Coastal Unilube Corpus Christi, TX Corpus Christi, TX Items 2 - 4, 6, 7 Items 1 & 5 $68,109.30 $11,087.20 Grand Total: $79,196.50 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 15. M98-065 Motion authorizing the City Manager or his designee to execute a construction contract with J.M. Davidson, Inc. of Corpus Christi, Texas in the amount of $128,962 for the O.N. Stevens Water Treatment Plant Degrit System for Filter Backwash Structure. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 16. M98-066 Motion authorizing the City Manager or his designee to execute Contract Amendment No. 5 for ratification of engineering and consulting services with Goldston Engineering, Inc. for Bayfront Park Improvements for a fee reduction of $109,858.75 and a restated contract amount of $267,555.25. Minutes Regular Council Meeting March 10, 1998 Page 13 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 17.a. M98-067 Motion authorizing the City Manager or his designee to submit a grant application in the amount of $100,000 in asset forfeiture funding to the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, for support in Weed & Seed Site 1. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 17 .b. M98-068 Motion authorizing the City Manager or his designee to submit a grant application in the amount of $75,000 in asset forfeiture funding to the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, for support in Weed & Seed Site 2. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 18.a. M98-069 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $4,375 and execute a contract with the Texas Department on Aging through the Corporation for National and Community Service for the Senior Companion Program. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 18.b. ORDINANCE NO. 023245 Ordinance appropriating a $4,375 grant from the Texas Department on Aging through the Corporation for National and Community Service for the Senior Companion Program in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. Minutes Regular Council Meeting March 10, 1998 Page 14 18.c. M98-070 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $15,548 and execute a contract with the Texas Department on Aging through the Corporation for National and Community Service for the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 18.d. ORDINANCE NO. 023246 Ordinance appropriating a $15,548 grant from the Texas Department on Aging through the Corporation for National and Community Service for the Retired and Senior Volunteer Program in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 18.e. M98-071 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $131,673 and execute a contract with the Texas Department of Human Services for the continuation of the Meals on Wheels program. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 18.£ ORDINANCE NO. 023247 Ordinance appropriating a $131,673 grant from the Texas Department of Human Services for the Meals on Wheels program in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 19.a. RESOLUTION NO. 023248 Resolution determining the necessity for and ordering the improvement of the following Minutes Regular Council Meeting March 10, 1998 Page 15 highways in Corpus Christi, Nueces County, Texas for the Harvard Street Improvements: Harvard Street --Prescott Street to Vestal Street Vitemb Street --Hudson Street to Rosalie Street Vestal Street --Hudson Street to about 150 11. South of Rosalie Street Rosalie Street--Vitemb Street to about 1501.£ West of Vitemb Street (north side only); specifying that certain of these improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a Notice of Proposed Assessments with the Nueces County Clerk. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 19.b. RESOLUTION NO. 023249 Resolution approving plans and specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas for the Harvard Street Improvements: Harvard Street --Prescott Street to Vestal Street Vitemb Street --Hudson Street to Rosalie Street Vestal Street --Hudson Street to about 150 l.f. South of Rosalie Street Rosalie Street--Vitemb Street to about 150 1.f. West of Vitemb Street (north side only); approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the April 21, 1998 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 21. ORDINANCE NO. 023250 Authorizing the City Manager or his designee to execute a five-year lease with the Johnson's Survivor Trust, Leo E. Johnson, Trustee, for approximately 3,540 square feet of submerged land adjacent to Lot 2, Block G, Brooklyn Addition, in consideration of payment of the greater of $200 per month or 1% of monthly gross sales. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. * * * * * * * * * * * * * Minutes Regular Council Meeting March 10, 1998 Page 16 Mayor Neal opened discussion on Item 8, purchase of vehicles. In reply to Council Member Garcia, Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said three vehicles for the Lake Texana pipeline inspectors were being purchased at this time because they will not be delivered until later this summer, and those staff members will begin working prior to the start up of the pipeline. Council Member McNichols asked about the city's policy about the replacement of the fleet. Mr. Crull said the Maintenance Services department evaluates vehicles using several factors, including mileage and repair costs that have been incurred. He said most of the new vehicles being purchased are in the utility fund where monies are available. He added that some vehicles in the fleet have 180,000 to 250,000 mileage. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 023244 Ordinance appropriating $49,980 from the Reserve for Capital Outlay in the No. 132 Maintenance Service Fund to purchase equipment; amending the FY 97-98 Budget, adopted by Ordinance No. 022993, to increase appropriations by $49,980 in the No. 132 Maintenance Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 8.b. M98-058 Motion approving the purchase of thirty-four pickups and vans in accordance with Bid Invitation No. BI -0100-98 from the following firms based on low bid. Except for three units to be lease/purchased, the units are included in the FY 97-98 Capital Outlay. Eight units are additional; the remainder are replacements. Padre Ford Crosstown Ford Corpus Christi, TX Corpus Christi, TX 25 units 9 units $452,533 $159,459.50 Total of Awards: $611,992.50 The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Minutes Regular Council Meeting March 10, 1998 Page 17 Mayor Neal opened discussion on Item 14, maintenance of radio system. Council Member Garcia asked why this item was just now coming to the Council. Mr. Hennings replied that staff did not start this process soon enough. He said that on March 12th the Radio Advisory Committee will meet to review the requests for proposals, and those will be finalized and issued by April 11th; May 12th will be the deadline for submittal of proposals, and the item will be brought to the City Council on June 9th . He added that the cost is not inconsistent with the amount the city has paid in the past. City Secretary Chapa polled the Council for their votes: 14. M98-064 Motion authorizing the City Manager or his designee to execute a contract with Dailey -Wells in the amount of $24,427 for maintenance of the City's 800 mhz radio system for one month beginning March 17, 1998, with an option to extend for up to five (5) additional one-month terms at the discretion of the City Manager. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, lease with Southside Youth Sports Complex. Responding to Council Member Colmenero, Mr. Matthews said the city leases to two youth sports leagues in this location. He said complaints have been received about the organization of Central Park Little League, not Southside Pony League. He said staff is working with Central Park Little League to ensure that they are adhering to their lease. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a 10 -year lease with Southside Youth Sports Complex, Inc. for 7 acres at Price Park in consideration of Southside Youth Sports Complex, Inc. maintaining the premises and improvements and operating a Pony Baseball Program. The foregoing ordinance passed on first reading by the following vote: Colmenero, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper, Garcia, Gonzales, and B. Longoria absent. * * * * * * * * * * * * * Minutes Regular Council Meeting March 10, 1998 Page 18 Mayor Neal called for the City Manager's report. Mr. Hennings asked Mr. Utter to update the Council on public hearings to be held. Mr. Utter explained that the Texas Department of Criminal Justice has issued a request for proposals for the location, operation, and management of community residential facilities for substance -abuse programs. He said the three proposed units in Corpus Christi would house offenders with substance -abuse problems who are being released on community supervision, parole, or mandatory supervision. Public hearings at the proposed sites are scheduled as follows: on March 12th at 1500 N. Tancahua; March 16th at the Hoover Hotel, 1301 Chaparral; and at Rt. 3, Box 460 on Saratoga (between Old Brownsville Road and Greenwood Drive). He said staff will attend those meetings and return to the Council with a recommendation near the end of March. Mayor Neal said concerns had already been expressed from different groups about the proposed location at the Hoover Hotel. Mr. Hennings said there were some legal issues about which staff needs to apprise the Council, and he said he hopes they can do that for the March 24th Council meeting. Mr. Hennings said that items scheduled for the March 17th meeting include: motions to approve the contracts to replace the major computer systems; a proposed amendment to the past year's Community Development Block Grant program; briefing by the Chairman of the Workforce Development Board; the monthly progress report on the Lake Texana pipeline; and three zoning cases. In addition, he said that on March 17th the Texas Natural Resource Conservation Commission will be holding a town hall meeting at 6:30 p.m. in the convention center regarding environmental issues. TNRCC Chairman Barry McBee will be present for the town hall meeting, and he said the TNRCC is soliciting input from citizens on the agency's efforts in the environmental field, including the new strategy on air quality, which he explained. He noted that the city's Air Quality Committee will be meeting tomorrow and may have some recommendations for the Council next week about input into the TNRCC town hall meeting. Mr. Hennings also said that on March 24th he proposes to bring to the Council the item about the public art project on Shoreline Boulevard, as well as several issues regarding solid waste. He said staff would like to give the Council members a tour of the existing landfill (including the composting operation) and the new landfill site. Responding to Council Member Martin, Mr. Hennings said staff would have the results of the audit of the solid waste financial plan at that time. The City Manager then discussed the status of collective bargaining. As he had reported to the Council previously, Mr. Hennings said staff had reached a tentative agreement with leaders of the Corpus Christi Firefighters Association. The union representatives took the proposal to the members who subsequently voted it down by a vote of 203 against and 32 in favor. Mr. Hennings said the next step in the process is fact-finding arbitration. He said staff is also preparing for negotiations with the police union because their contract will expire at the end of July. The first session is scheduled for April 2nd, and staff will discuss the issue during the March 31st meeting. Minutes Regular Council Meeting March 10, 1998 Page 19 Mayor Neal requested additional information on and made comments about five issues: request for proposals for the outside study of the Police Department; schedule for upcoming budget discussions; status report on the old Nueces County Courthouse; update on the Stormwater Management Advisory Committee; and scheduling of a joint luncheon meeting between the City Council and the board of the Crime Control and Prevention District after the sales tax begins to be collected April 1st. The Mayor then called for Council concerns and reports. Council Member McNichols referred to a memo to the Council from Mr. Hennings regarding additional sources of revenue for the General Fund. Dr. McNichols requested information about possible revenue amounts if Corpus Christi charged a street use fee of $2.00 per month for residential properties and $12.00 per acre for commercial customers, which is less than what the City of Austin charges. He also asked about possible franchise fees to water, wastewater and gas. Mr. Hennings said that proposal may entail amending the City Charter, about which he will provide additional information. Dr. McNichols also discussed the problem of high-speed driving late at night on Ocean Drive. He said it appears that a "zero tolerance" speeding policy has been established, and he questioned its effectiveness on late-night speeding. Mr Hennings replied that while not all of the speeders can be apprehended, some have been, and speeds on Ocean Drive have been reduced. Council Member Betty Jean Longoria recognized CCISD students and their parents who were in the audience. She said she had invited them to the Council meeting since they were going to be in City Hall for a reception for participants in the National Youth Art Month exhibition. Ms. Linda Eshom, CCISD School Services consultant, said there were three exhibits of the students' works during the month of March: elementary art work at City Hall; middle school art at the Nueces County Courthouse; and high school art at Del Mar College's Art Department. Council Member Garcia asked about the process that was followed in resolving the situation about recreational vehicles parking at the convention center and coliseum. Mr. Hennings replied that there is an ordinance governing overnight parking of RVs and campers in parks and along the bayfront. It does allow for parking at the convention center and coliseum in connection with events held in those facilities. He said staff had been approached by three owners of RV parks in the city asking for an amendment to the ordinance that would basically ban parking of RVs at those buildings. Subsequently, the RV park owners withdrew their request, possibly due to feedback from some users of the facilities. Mr. Hennings said in the process of that discussion, it was discovered that the city's supplying of electrical hook-ups to up to 15 campers at the convention center created problems with the electrical code, so that practice was discontinued. He added that staff always tries to honor the city's existing contracts for future events at those facilities. Council Member John Longoria said he would be attending a meeting in Austin next Monday of the Texas Municipal League Legislative Policy Committee on Finance and Administration, which would be an appropriate time, if necessary, to introduce issues pertaining to the acquisition of additional sources of revenue for the General Fund. Minutes Regular Council Meeting March 10, 1998 Page 20 Council Member Colmenero also referred to the issue of additional revenue sources, and he asked staff to explore options for the city meter reading function. Council Member Betty Jean Longoria said she had recently read an article in the local newspaper about an alternative school on Oak Park Avenue, and she requested additional information. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 4:30 p.m. on March 10, 1998. * * * * * * * * * * * **