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HomeMy WebLinkAboutMinutes City Council - 03/24/1998I 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 24, 1998, which were approved by the City Council on March 31, 1998. WITNESSETH MY HAND AND SEAL, this 31st day of March, 1998. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 24, 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 ABSENT 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. He announced that former City Council Member Tony Juarez, who served from 1978-79, had passed away on March 22, 1998. The invocation for the meeting was delivered by Pastor Doug Jackson, Second Baptist Church, 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 regular Council meeting of March 17, 1998, and there being no corrections, he proclaimed them approved as presented. ************* Mayor Neal referred to the presentation regarding Operation Clean Sweep. Mr. Vic Menard, Chairman of the Board of Neighborhood Visions Inc., a non-profit corporation that seeks to improve the quality of life in disadvantaged neighborhoods, described the second annual mission of Operation Clean Sweep. He said about 25 dilapidated structures --havens for illegal drug use and other criminal activity --will be demolished and the debris removed during a two-week period. Mr, Bob Bradley, Vice Chairman of Neighborhood Visions Inc. and a representative of BFI Minutes Regular Council Meeting March 24, 1998 Page 2 Waste Systems, said Operation Clean Sweep is made possible by the cooperation of many entities: both the Bay Area and the North Bay Area Community Advisory Councils, the City of Corpus Christi and the C.C. Police Department, Nueces County and Nueces County Sheriff's Department, Texas National Guard, U.S. Attorney for the Southern District of Texas, and Operation Weed and Seed. In addition, four corporations contribute cash or gifts -in-kind to the project: Koch Refining, CITGO Refining, Central Power & Light, and BFI. He said this year's Operation Clean Sweep will involve the demolition of structures throughout the city. Mr. Menard noted that the second mission in 1998 of Operation Clean Sweep, to occur later this year, will take place in surrounding communities, which is possible through the partnership of Nueces County and the Sheriff's Department. He also commended city staff for their efforts. *Council Member Cooper arrived at the meeting at 2:10 p.m. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. He pointed out that at this Council meeting he would allow members of the audience who had not signed up to speak during the public comment portion of the meeting to address the Council if they wished; however, in the future only those who have signed up to speak during the public comment portion will be allowed to do so. Mr. Glynn Pugh, 725 Harrison, discussed the benefits of a city -owned electric distribution system and he proposed a 25% reduction in electric rates for city residents. He said Central Power and Light has not been motivated to reduce costs because they pass them along to the rate payers. He said cogeneration plants will reduce costs, including fuel costs. He suggested that three entities -- Central Power and Light, Corpus Christi Power and Light, and the City of Corpus Christi --offer electric service in the city. Mayor Neal informed Mr. Pugh that the Council will discuss the issue of municipal electric utility service on April 14, 1998. Mr. Phil Rosenstein questioned what will be the cost of repairs to the seawall, particularly since the estimates for the study have increased from about $355,000 to $881,000. He said city staff is not communicating with the Council. Mr. J.E. O'Brien, 4130 Pompano, read a declaration of policy from the Texas Open Records Act which states that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. He said the people, in delegating authority, do not give their public servants the right to decide what is good and not good for the people to know. Mr. Leon Perez, 904 Buford, questioned the need for the seawall. Minutes Regular Council Meeting March 24, 1998 Page 3 Mr. William Kelly said he would make his remarks later in the meeting regarding Item 8. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, computer systems. He called for comments from the audience, and there were none. City Manager Hennings said the procurement of these computer systems are necessary regardless of the Year 2000 compliance problem because four of the existing systems are obsolete and inefficient. He said about $7 million will go toward the purchase of the four major computer systems out of the total project budget of $9.8 million; of that amount about $1.6 million is related to the Year 2000 compliance issue. Using visual aids, Mr. Hennings described in detail the computer replacement project. He noted that the four systems being replaced are: payroll (which was developed in 1973); Municipal Court (1974); financial management system (1982); and fleet system (1983). He said the police computer system and the utilities billing system have already been replaced, which he explained. Mr. Hennings also detailed the improvements that will occur with the replacement of the other four systems, and he described the process that was followed, including site visits, evaluations by a city staff team and local and national consultants, and vendor demonstrations. He said the request for proposals also asked the vendors to consider the alternative of providing the services through a service contract arrangement; however, that alternative was determined to be too costly and it did not provide for a local representative or a price cap. Mr. Hennings then discussed the results of the vendor selection process: Arthur Andersen for the financial management and human resources systems; Court Specialists Inc. for Municipal Court; and KPMG for fleet management. He said the implementation of these new systems will entail meeting schedule commitments; project oversight and coordination; continuing to dedicate personnel to the project; testing; developing contingency plans; and extensive training. The City Manager also discussed the timeline for implementation by the Year 2000, and he commended the efforts of city staff and the participation of the Council's Administrative Analysis Committee. Responding to Mayor Neal, Mr. Hennings said several costs will be financed through the issue of certificates of obligation, including the purchase of the four new computer systems, all of the upgrades, replacement and upgrades of the personal computers, and staff training and consulting. Following further discussion, Mr. Hennings explained that if the city retained the existing mainframe computer system and paid to have it upgraded to be Year 2000 compliant, over the next 10 years it would cost $28,688,579, while the cost of replacing the four systems (including compliance) over the 10 -year period will be $29,399,209, a difference of $710,630 for that period. Council Member Betty Jean Longoria thanked the other members of the Administrative Minutes Regular Council Meeting March 24, 1998 Page 4 Analysis Committee --Alex Garcia, Dr. McNichols, and John Longoria --as well as city staff. Dr. McNichols pointed out that since the city acquired its mainframe system from Exxon in 1992, it has been able to continue operating up until now at a substantial savings. He said even if the city had converted from the mainframe system some years ago, it still would have had to upgrade its computers to be Year 2000 compliant. He added that the Council needs to determine how the city's budget will accommodate the additional cost for the computers in future years. Council Member Colmenero briefly discussed the principal and interest payments, as well as the timing of the conversion from the old mainframe system to the new systems. Mr. Hennings said staff believes it will take until the Year 2000 until the old system can be discontinued. Council Member Garcia commented on the dedication of the city employees in this task, including Assistant City Manager Jorge Garza as the project manager. City Secretary Chapa polled the Council for their votes as follows: 2.a. M98-080 Motion authorizing the City Manager or his designee to negotiate and execute an agreement with Arthur Anderson LLP for the purchase of a financial management system, a human resource information system, and associated services for a cost not to exceed $4,644,552 and an ongoing five year cost not to exceed $1,302,661, for a total cost not to exceed $5,947,213. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 2.b. M98-081 Motion authorizing the City Manager or his designee to negotiate and execute an agreement with Court Specialists Incorporated for the purchase of a Municipal Court system and associated services for a cost not to exceed $760,833 and an ongoing five-year cost not to exceed $331,085, for a total cost not to exceed $1,091,918. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 2.c. M98-082 Motion authorizing the City Manager or his designee to negotiate and execute an agreement with KPMG Peat Marwick LLP for the purchase of a fleet management system and associated services for a cost not to exceed $865,086 and an ongoing five-year cost not to exceed $144,161, for a total cost not to exceed $1,009,247. Minutes Regular Council Meeting March 24, 1998 Page 5 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 2.d. M98-083 Motion approving the purchase of computer equipment from the Texas Department of Information Resources based upon the State Cooperative purchasing agreement for a cost not to exceed $781,492 and an ongoing five year cost not to exceed $287,119, for a total cost not to exceed $1,068,611. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, seawall investigation project. He called for comments from the audience. Mr. J.E. O'Brien asked about the certification of funds for Items 2 and 3. City Attorney Bray said the city does have certification certificates, adding that the certificates of obligation have been sold on the computer contracts so the funds are available, as are funds for the seawall investigation. Mr. Chapa noted that he had the certification of funds for Item 3. (The certification of funds for Item 2 were completed prior to the Council meeting and were being hand -carried to Mr. Chapa during the meeting, as indicated later in the minutes.) Referring to Item 3, City Manager Hennings said that in the early 1980s there was much public discussion about the need to perform repair work on the seawall. Mr. Jim Naismith, one of the engineers involved in the original design of the seawall (who has since passed away), spoke to the City Council on several occasions about planning for the repair of the seawall, which was planned to have a life expectancy of 40 years. In the 1986 bond election, $4.5 million was allocated to begin that repair work, although it was known that much more repair needed to be done. He said the intention was to include some funding in future bond elections to continue the repair of the seawall; however, 12 years has elapsed since the last bond election. Mr. Hennings said the issue of the seawall repairs was discussed by the Council again in 1997 as part of the initial plans for the next capital improvement program. He said at that time staff did not know how much work needed to be done on the seawall, and that will not be known until the engineering survey is completed. He said staff estimated that the study would cost $355,000; subsequently, staff has gone through a process of selecting an engineering firm, talking with consultants, and learned a great deal about the state-of-the-art analytic equipment available. As a result, staff is recommending that a study be undertaken at the cost of $881,000. He said if the Minutes Regular Council Meeting March 24, 1998 Page 6 Council wished, staff could pare back the study and recommend a lesser approach that will cost less money. He said staff believes the amount they are recommending for the study would be money well spent and it would be the most prudent way to proceed on the project. Mr. Hennings added that staff is proposing the study be funded from the sale of land to the federal government for the new federal courthouse. If the Council prefers not to use those monies, staff can propose another alternative to fund the study --an advance from capital improvement funds with the intention of repaying it from the next bond sale that would include funding for this project. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, explained that the seawall is part of the "bayfront protection structures" for which construction began in 1939. The seawall extends from the Holiday Inn on Buford Street around the Bayfront Arts and Science Park almost to the Harbor Bridge. Other elements include the breakwater system, T -Heads, L -Head, and a tie -back levy; additionally, the protection works extend around the port area and incorporate a number of the cargo docks on the south side of the ship channel. Mr. Crull further described the seawall structure itself utilizing visual aids, and he discussed areas of the seawall where deterioration may be occurring, such as the steel sheet piles, timber piles, and the concrete apron/sidewalk (including possible voids there). He then discussed the structure and condition of the bulkheads around the T -Heads and L -Head. Mr. Crull said improvements that were made in the 1980s primarily concentrated on the barge dock area and the bulkheads. He continued that the goal of these proposed consultant contracts is to receive an update and verification of the condition of the bayfront protection structures, as well as the elevation of the tie- back levy. He described elements of the study, including dynamic testing of some of the timber piles and structural loading (wave actions). He said following the study, staff will identify the options for renovation and repair of the structures. Mr. Jim Shiner, of Shiner, Moseley & Associates, briefly described elements of a 1985 study of the seawall, and he noted that there are investigative techniques that are currently available that were not available at that time. He also described technical aspects of the current investigation, which will be much more intensive than previous investigations. Mr. Angel Escobar, Acting Director of Engineering Services, explained why there is a cost difference between staffs original estimate of the study ($355,000) that was provided to the Council four months ago and this proposed study ($881,000). He said the previous estimate did not include a comprehensive soil investigation requirement or a capacity assessment of the piles that support the seawall steps. In addition, the original estimate did not include a way to gauge the size of the voids underneath the seawall steps; now staff is recommending a non-destructive investigation procedure to analyze the voids. Mr. Escobar also described other differences between the two cost estimates. Minutes Regular Council Meeting March 24, 1998 Page 7 Council Member Gonzales expressed concern and frustration that staff had originally recommended extensive changes to Shoreline Boulevard (including realigning some of the travel lanes) as part of the Gateway Project when there is an urgent need to investigate and repair the seawall and the other bayfront protection structures. He said staff should have come to the Council from the beginning with a more realistic estimate of the cost of the seawall investigation. Mr. Hennings replied that last fall when staff estimated the cost of the seawall investigation, they did not have much of the information they have today. He said he raised the issue because he feels it is an important priority in the community, and he added that it is unknown where the money will come from for the construction of the seawall repairs. He apologized that staff's estimate was so different from the current estimate, but he said looking back he does not know how they could have estimated differently since they did not have sufficient information at the time. Dr. Gonzales said if staff did not have the information they needed, they probably should have waited before making an estimate and consulted with engineers first. Mr. Crull said the charge given to the Engineering staff last fall was to arrive at an estimate in about one week's time, and although certain technologies were available at the time, the original estimate did not include application of those technologies to demonstrate the total condition of the seawall. Dr. Gonzales said the Council asked staff to determine what needed to be done to repair the seawall. Responding to Council Member John Longoria, Mr. Crull said the seawall protects the area between Shoreline Boulevard to Lower Broadway from about Furman Street to the Bayfront Arts and Science Park, as well as some of the industrial area of the port and the West Broadway area. He added that while there is some visible cracking in the seawall, there is not much visual evidence of deterioration, which emphasizes the need for an extensive investigation of its structure due to its age. Mr. Crull added that if there was a significant weakness in the seawall and a major hurricane struck, it could result in the collapse of the seawall (possibly one section at a time in a domino effect), resulting finally in the flooding of the downtown area. He also described the investigation in detail. Mr. Longoria asked how repairs to the seawall would be funded, and Mr. Hennings replied that he anticipates the recommendation to be a phased approach to the repairs, which was the recommendation in 1986 when the first phase of repairs was undertaken. He said the cost of repairs to the whole structure is probably too great to be accomplished at one time. Mr. Longoria questioned whether an alternative would be to study a portion of the seawall rather than the whole structure since the funds to repair the whole structure are not available. Mr. Crull said staff could provide an estimate of an extensive investigation on just a designated portion of the seawall, although he noted that the engineering contracts had been negotiated on the basis of an extensive investigation on the entire length of the seawall. Mr. Hennings said the purpose was to have the results of an investigation of the entire seawall structure in order to plan for repairing it in phases. He said if the Council planned to have Minutes Regular Council Meeting March 24, 1998 Page 8 a bond election in January 1999, the results of the study would be available in September 1998 in case the Council wanted to include some seawall repairs in that bond election. The City Manager said another approach would be to focus on one section of the seawall for investigation, with funding for repairs to be considered as part of a January bond election, which if planned would be called for by the Council in October 1998. Council Member Colmenero asked several specific questions about investigation procedures and possible repair methods that could be undertaken, including filling the voids and reinforcing the steel sheet piles, which Mr. Crull explained. He also reiterated that the original estimate of $355,000 was based on a review of the studies that were conducted of the seawall in 1985-87, including the costs of those studies, and projecting that information forward with some adjustments. In response to Council Member Garcia, Mr. Escobar explained why staff selected two apron panels (panels 205 and 206) for further investigation, and Mr. Crull briefly discussed the need for study of the L -Head and T -Heads and he addressed specific aspects of the proposed contract with Shiner, Moseley & Associates. Replying to another question from Mr. Garcia, Mr. Hennings said staff does not know how much the repairs will cost, which will be one of the outcomes of the seawall investigation. He added that the contract requires the consultant to establish priorities for renovations so that the work can be accomplished in phases, and he emphasized the importance of the bayfront protection structures. Council Member Betty Jean Longoria said she thought this project is very important, even with the knowledge that there are many infrastructure needs in the city. In reply to Council Member McNichols, Mr. Hennings said there are good reasons why a comprehensive study of the whole seawall is more advantageous; however, it is possible to do a more restrictive approach. Dr. McNichols recommended that the Council first consider the proposed contracts for a comprehensive study, and if those fail to pass, then other Council members would be able to make a motion regarding a restricted study. Mayor Neal said Council members have expressed concern about the difference between the original estimate and the proposed study amount. Mr. Hennings replied that the $355,000 was based on the 1985 study, which did not include many of the items being recommended at this time, and it was determined that more needs to be done. Mr. Crull added that the request for proposals was to do a comprehensive study of the seawall. Mr. Hennings said the process of receiving proposals and interviewing firms is always very educational and involves refining the scope of work that actually needs to be done. Mayor Neal also referred to the discussion the Council had last January concerning the use of funding for the Gateway Project. He expressed concern that once the Council approves the seawall investigation for $881,000, there will be no money for two of the Gateway Project items that were Minutes Regular Council Meeting March 24, 1998 Page 9 deferred (one being lighting on Shoreline Boulevard). Mr. Hennings replied that the discussion in January was about how the available Gateway funds could best be used in carrying out the original purpose of the Gateway Project. He noted that he brought the issue of the seawall to the Council's attention at that time, and it was his opinion that the $4 million would have been better spent on more urgent needs; however, the Council voted to spend most of it on visible enhancements in the Gateway Project, although it did allocate some funds for the seawall study. He reiterated that he had told the Council there was not an identified source of funds for the seawall repairs but it is a need. Mr. Longoria said he did not support this proposal but he favored proceeding with a phased study approach. He also asked if there were any cost-sharing opportunities with the port, and Mr. Hennings said he would have to review that but he did not think they had any available funds to allocate to the project. Dr Gonzales said he supported conducting a comprehensive study of the whole seawall, with the possibility of excluding the study of the L -Head and T -Heads. Mr. Garcia said he thought the study should be conducted in phases so as not to jeopardize funds that had been earmarked for community improvements. Responding to a question from Mr. Garcia, Mr. Crull said staff had discussed the possibility of a transfer of title of the seawall to the U.S. Army Corps of Engineers, but that was prior to many natural disasters that have occurred elsewhere. They have also discussed the possibility of peer review by the Corps on the study and on any repair work of the seawall. Replying to Mayor Neal, Mr. Hennings said if the Council opted to fund this study through an advance from capital improvement funds with the intention of repaying it from the next bond sale, some street and park improvements would have to be postponed. Dr. Gonzales questioned whether this item should be postponed so as to allow staff time to renegotiate with the engineering firms to find ways to eliminate areas that are not necessary. Mr. Shiner said the only area of the study that could possibly be eliminated would be the L -Head and T - Heads, although they would not recommend it. He said the rest of the study is needed in order to provide protection to the downtown area. Mr. Colmenero pointed out that Corpus Christi has not had a major hurricane in many years, and Mr. Shiner agreed that it is not known whether the seawall would be able to withstand a major hurricane in its present condition. Mr Jimmie Till, 1265 Southern Minerals Rd., said he thought this study was very important. City Secretary Chapa polled the Council for their votes as follows: 3.a. ORDINANCE NO. 023255 Ordinance appropriating $131,000 from the sale of city property to the General Services Administration in the No. 220 Streets Capital Projects Fund; transferring $131,000 from the Minutes Regular Council Meeting March 24, 1998 Page 10 No. 220 Streets Capital Projects Fund in the No. 291 Parks Capital Projects Fund; appropriating $881,000 in the No. 291 Parks Capital Projects Fund for the seawall investigation project; amending Ordinance No. 023174, which adopted the FY 97-98 Capital Budget, to add $526,000 to the Park and Recreation program. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No"; Martin absent. 3.b. M98-084 Motion authorizing the City Manager or his designee to execute a contract in the amount of $36,804 with Bracco Construction Co. for seawall inspection at panels 205 and 206. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No"; Martin absent. 3.c. M98-085 Motion authorizing the City Manager or his designee to execute a contract for engineering services related to the seawall investigation project with Shiner, Moseley & Associates Inc., for a fee not to exceed $612,500. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No"; Martin absent. 3.d. M98-086 Motion authorizing the City Manager, or his designee, to execute a contract for geotechnical, laboratory, and petrography services related to the seawall investigation project with Bacon Engineering, Inc., for a fee not to exceed $49,000. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No"; Martin absent. 3.e. M98-087 Motion authorizing the City Manager or his designee to execute a contract for non- Minutes Regular Council Meeting March 24, 1998 Page 11 destructive/non-invasive investigation services for the seawall investigation project with W.G. Jaques Company, for a fee not to exceed $86,210. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No"; Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, music festival leases. Council Member Garcia noted that the Foundation of Hope's vision statement indicated that it publishes the results of its efforts. He asked if the organization does, in fact, publish in any article that is released to the public what its successes are for the fiscal year. Ms. Alicia Gallegos -Gomez, representing the Foundation of Hope, said they do not, adding that they do not operate in the same way as traditional non-profit organizations. She said the foundation was established to utilize people's time and talent to help the community without placing a burden on the taxpayer, which she further described. Mr. Garcia said he has been asked by citizens where the Foundation of Hope is housed, whether it is a Catholic organization, and whether or not it is viable. Ms. Gallegos -Gomez said she has not met anyone that does not know they are a viable organization. She added that Council Member John Longoria was a mentor in their program, and she said they do not seek publicity. Council Member Gonzales said that representatives of the Food Bank told him there had been unpaid bills with regard to their previous partnership with the reggae festival. Mr. Sirron Kyles, Executive Director of the Bob Marley Festival Tour, said Mr. Carl Sams was associated with the festival the first time it was held in Corpus Christi in 1994, and he did not meet some of the financial requirements. Mr. Kyles added that his company was not involved with the Labor Day music festival held last year by the Food Bank. Council Member Betty Jean Longoria said the city has a responsibility to the non-profit organizations that participate in such festivals that they not lose money due to mismanagement. She added that the Council had also raised other concerns last week, including the additional cost for police services, She said the Council postponed action on this item last week because neither the Foundation of Hope nor the promoter were present, and the Council wanted them to be aware of their concerns. Mr. Kyles said they have been producing this event for many years around the country and they would not continue to be successful if they had not managed it properly. Ms. Gallegos -Gomez said the Foundation of Hope had shared the Council's concerns when they were informed that the foundation would be the non-profit organization associated with this event, but they had been reassured in a letter from Mr. Hennings that they need not be concerned. Minutes Regular Council Meeting March 24, 1998 Page 12 Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4.a. ORDINANCE NO 023256 Authorizing the City Manager or his designee to execute a one year lease agreement with S.V. Kyles and Associates/Earth Works Productions to hold a reggae music festival and related activities including non-exclusive use of sidewalks and medians on Shoreline Boulevard, North of IH37 between Resaca and Palo Alto Streets, on the Memorial Day weekend, from 6:00 a.m. Wednesday, May 20, to 6:00 a.m. Wednesday, May 27, 1998, and including exclusive use from 6:00 a.m. Saturday, May 23, to 6:00 a.m. Tuesday, May 26, 1998 in consideration of a permit fee and 4% of the gross receipts or direct city costs, whichever is greater. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales voting "No"; Martin absent. 4.b. ORDINANCE NO. 023257 Authorizing the City Manager or his designee to execute a one year lease agreement with S.V. Kyles and Associates/Earth Works Productions to hold a musical event featuring a variety of music and related activities including both exclusive and non-exclusive use of sidewalks and medians on Shoreline Boulevard, north of IH37 between Resaea and Palo Alto Streets. Non-exclusive dates for the event would be from 6:00 a.m. Wednesday, September 2, to 6:00 a.m. Wednesday, September 9, 1998, and including exclusive use from 6:00 a.m. Saturday, September 5, to 6:00 a.m. Tuesday, September 8, 1998 in consideration of a permit fee and 4% of the gross receipts or direct city costs, whichever is greater. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales voting "No"; Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, engineering services for the airport. He called for comments from the audience, and there were none. In reply to Council Member Garcia, Mr. Hennings said this was a pavement project, and Russell-Veteto Engineering has done work like that at the airport previously. He said the selection process concluded with Russell-Veteto being at the top of' the list, although the other two consultants also would have performed well. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting March 24, 1998 Page 13 5.a. ORDINANCE NO. 023258 Ordinance appropriating an unappropriated fund balance of $10,725 in the No. 245 Airport Capital Projects Fund; appropriating $558 of interest earnings in the No. 542 Airport Capital Projects Fund; appropriating $72,405 of interest earnings in the No. 544 Airport Capital Projects Fund; appropriating $6,061 of interest earnings in the No. 546 Airport Capital Projects Fund to award a contract to provide design and construction administration services for Airfield Improvement Projects; appropriating $51,739 of Passenger Facility Charges in the No. 246 PFC Fund to reimburse airport capital reserves previously spent for ARFF facility improvements at the airport; amending Ordinance No. 023174, which approved the FY97-98 Capital Budget, to add $141,488 to the Airport Program. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 5.b. M98-088 Motion authorizing the City Manager or his designee to execute a contract with Russell Veteto Engineering, Inc., to provide engineering services for the commercial apron rehabilitation, and west General Aviation (GA) apron repairs/taxiways A2 and B3 improvements projects at Corpus Christi International Airport in an amount of $129,000. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, charges for Emergency Medical Services. He called for comments from the audience, and there were none. Responding to Council Member McNichols, Mr. Hennings said staff projects a 14% increase in collections this year, which is outstanding. City Secretary Chapa polled the Council for their votes as follows: 6. M98-089 Motion authorizing the City Manager or his designee to execute an amendment to the contract with Texas Medical Data Services of Texas, Inc., to provide for payment of a bonus of 8% of collections in excess of $2.1 million annually Minutes Regular Council Meeting March 24, 1998 Page 14 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * * * Mayor Neal called for a 10 -minute recess. ************* Mayor Neal opened the public hearing on Item 7, assessment roll for Southmoreland Addition Street Improvements - Phase 1. There were no comments from the audience on Item 7. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member Garcia, and passed. In reply to Council Member McNichols, Mr. Crull explained that this project is being funded out of the Community Development Block Grant (CDBG) program and is based upon staff's recommendation to the Planning Commission and ultimately to the City Council. He said the city has performed a number of street improvements in CDBG-eligible areas and this is one of the areas that has not been completed. Dr. McNichols pointed out that this project is different from the voluntary paving assessment projects. Council Member Betty Jean Longoria asked Mr. Crull to further explain the voluntary paving assessment program. Mr. Crull said the construction contracts for those projects are initially funded through a bond program, and a portion of the cost of the street improvements are assessed to the property owners within the guidelines of the ordinance. He said for an average lot an assessment can range from $800 to $1,000, depending on the driveway, which can be paid out over a five-year period at a certain interest rate. He added that there is a waiting list for that program, but staff is reviewing a way in which that process can be expedited. Responding to Council Member Garcia, Mr. Crull said for more information the public can contact the city's voluntary paving coordinator. He also explained how the petition process works. Council Member Colmenero asked if most of the neighborhoods involved were older neighborhoods. Mr. Crull said the city is trying to convert the streets that were built without curbs, gutters, and sidewalks by incorporating those improvements, as well as underground drainage systems instead of roadside drainage. Mayor Neal and Mr. Hennings noted that much progress has been made in improving neighborhood streets over the years. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting March 24, 1998 Page 15 7.b. ORDINANCE NO. 023259 Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas - Southmoreland Addition Street Improvements, Phase 1: Naples Street—Baldwin Boulevard to Kosar Street; Naples Street—Edwards Street to Blevins Street; Tarlton Street—Ayers Street to Naples Street; and Lewis Street—Edwards Street to Blevins Street; imposing assessments totaling $97,013.48 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 7.c. M98-090 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $888,325 with COF Corporation, Corpus Christi, Texas for the Southmoreland Addition Street Improvements - Phase 1. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on Item 8 to consider the location of a community residential facility for substance abuse treatment under the Texas Department of Criminal Justice. There are three proposed sites for a facility: 1301 Chaparral, 1501 N. Tancahua, and Route 3, Box 460, Saratoga Blvd. Mr. Hennings said he was withdrawing Item 8.b. for one week. Mayor Neal called for comments from the audience. Mr. Michael O'Reilly said he was in favor of opening a substance abuse rehabilitation center but not at the Hoover Hotel location at 1301 Chaparral. He said Chaparral Street is the entrance to the heart of the city's arts, culture, and history, and locating a rehab center there would not be in the city's best interest. Minutes Regular Council Meeting March 24, 1998 Page 16 Ms. Laurie Cook, Chair -Elect of the Greater Corpus Christi Business Alliance, said the Alliance is opposed to the proposal of locating a rehab facility at 1301 Chaparral. She added that they feel such a facility is needed in the city. Mr. Bill Kelly said he and his partner own a law office at 1402 N. Chaparral and he expressed concern that investors would be unwilling to invest in that area if a rehab center is located at 1301 Chaparral. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Cooper, and passed. Responding to Council Member John Longoria, Mr. Tom Utter, Assistant City Manager for Development Services, said since the proposed location at Route 3, Box 460, Saratoga Boulevard is outside the city limits, the city does not have a voice in that proposal. Council Member Colmenero asked how the city could assist the providers of these services in finding an appropriate location for a substance abuse rehabilitation center. Mr. Hennings replied that those providers could contact the city's Planning Department regarding the zoning in different areas, as well as the Greater Corpus Christi Business Alliance. In reply to Council Member Gonzales, Mr. Utter said staff will be recommending that the Council pass a resolution opposing the location at 1301 Chaparral, and that they not take a position on the proposed location at 1501 N. Tancahua. However, the Tancahua location does not have the proper zoning for such a facility, and they would have to come back to the city in the future for the correct zoning. Dr. Gonzales said such a facility is needed, and he asked if the city was recommending that they seek another location. Mr. Utter said he understood that the applications for the operation of such a facility were due to the Texas Department of Criminal Justice by March 18t, so they would not be able to look for another site. Council Member Betty Jean Longoria noted that a similar facility is located in her district. She added that while it appears the Council is in agreement about the need for such a facility, the Chaparral location would not be appropriate. 8.b. WITHDRAWN Resolution -final tat .,«...,. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, consideration of Solid Waste Services. Minutes Regular Council Meeting March 24, 1998 Page 17 City Manager Hennings said staff would be making a presentation on Solid Waste Services at this meeting, and he proposed that the Council have a second phase of this discussion at a future Council meeting about the issue of changing garbage collection and recycling collection to once per week. Referring to a timeline, Mr. Utter pointed out that the life of the Elliott Landfill has been extended to about February 2004 due to many factors, including a diversion of woody yard waste into the city's composting facility, the purchase of a much heavier compactor, and the use of alternative daily cover instead of soil. He said that allows for more time for the construction of the new landfill. Mr. Utter noted that the Council had received a copy of an audit conducted by Collier, Johnson & Woods, and the department is on plan for the amount of money the city is supposed to have in reserve for the bond issues. Mr. Andy Leal, Director of Solid Waste Services, gave a lengthy computer-generated presentation (created by planner Mr. Joe West) on many aspects of Solid Waste Services, including the following: services provided; new landfill permit status; long-term financing plan; proposed ordinance modifications; and various service options for waste collections. Mr. Leal noted that the department consists of 231 employees and is managed by a director, assistant director, planner, and three division heads over the areas of administration, collections, and disposal. The Solid Waste FY 97-98 budget is approximately $11.4 million, and about 65% of the budget is for collections, 30% is for disposal, and 5% is for administrative services. Mr. Leal said collections consists of garbage collection, brush collection, and recycling, which he described in detail, including the fee structure. He also discussed the Solid Waste compliance program, and he said that as a result of a grant from the Coastal Bend Council of Governments, an additional compliance officer is being added to the one existing officer. With regard to disposal, Mr. Leal discussed the landfill operation including sources of disposal volume. Throughout his presentation, Mr. Leal used photographs to illustrate his points, and he answered questions from Council members on different aspects of the Solid Waste Services programs. He also briefly addressed some of the proposed changes to the ordinance. Mayor Neal said the proposed changes need to be widely distributed throughout the city before the Council considers them, and Mr. Utter agreed. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 16, and Council members requested that Item 16 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: Minutes Regular Council Meeting March 24, 1998 Page 18 10. M98-091 Motion approving the purchase of 30,000 feet of fiber optic cable from Graybar, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0102-98, based on low bid for a total of $52,230. This cable will be used by the Traffic Signals Division of the Street Department. Funds have been budgeted by the Street Department in FY 97-98. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 11. M98-092 Motion approving supply agreements with Maintenance Engineering Corporation, Corpus Christi, Texas for lubricated plug valves in accordance with Bid Invitation No. BI -0111-98 based on low bid for an estimated annual expenditure of $38,420.60. The lubricated plug valves will be inventoried by the Warehouse and used by the Gas Department in the City's natural gas distribution system. 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 by the Gas Department in FY 97-98. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 12. M98-093 Motion approving the purchase of eighty traffic signal video cameras from Ken Bridges A-V, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0103-98 based on low bid for a total of $108,800. Funds have been budgeted by the Street Department in FY 97-98. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 13. M98-094 Motion authorizing the City Manager or his designee to execute a Construction Contract with Haeber Roofing in an amount not to exceed $105,849 for the Memorial Coliseum Roof Coating Improvements. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. Minutes Regular Council Meeting March 24, 1998 Page 19 14. Iv198-095 Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey Inc. for $17,139 to provide services within the 78415 zip code area for youth ages 12-17 years. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 15. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a Use Privilege Agreement with the law offices of Canales & Simonson for the right to install and maintain an aerial communications cable across the Crews Street right-of-way and within the Morgan Street right-of-way, to provide a communication link between the firm's offices located at 2501 Morgan Street and 2601 Morgan Street; and establishing a fee of $265. The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, amendment to the animal control ordinance. He asked if the proposal was to raise the cost of renting the trap to $45. Mr. Hennings said if the trap is not returned, the city will charge a $45 replacement cost. City Secretary Chapa polled the Council for their votes as follows: 16. FIRST READING ORDINANCE Amending Chapter 6- Animal Control, Sections 6-1, 6-10(C), 6-18(E), 6-21(J), 6-22(A), 6- 23(C), and 6-25(B) of the Code of Ordinances to revise the amounts of fines and charges, to conform to various provisions to State law, and make certain other changes and amendments. The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Minutes Regular Council Meeting March 24, 1998 Page 20 Mayor Neal called for the City Manager's report. Mr. Hennings said items scheduled for the March 3l Council meeting included budget -related issues, as well as the proposed public art project on Shoreline Boulevard. At noon next week the Council will have a joint meeting with the Board of Directors of the Crime Control and Prevention District. In his report, Mayor Neal asked the Council to review the proposed capital and operating budget adoption calendar. He referred to a memo in the Council's transmittal about the National Estuary Consistency Review Program, and he asked Mr. Utter to provide the Council with a presentation on that issue during an upcoming meeting. The Mayor also asked Mr. Utter to brief the Council on the issue of the 911 charges. Mr. Utter said the Mayor and others met with the Attorney General and some of his staff and subsequently the city submitted a supplemental brief to the Attorney General's Office which they are currently considering. He said they hope to receive an opinion in about 30 days. Mayor Neal also asked for a report on the Old County Courthouse Committee. He then called for Council concerns and reports. Council Member John Longoria requested a report on the development of restaurants on the T -Heads. He noted that the Council had been provided with a draft of the Residential Traffic Management Program, which will be discussed at an upcoming meeting. With regard to previous action the Council took on a disparity study, Mr. Longoria asked if the Council had specifically intended the study to be done by the LBJ School of Public Affairs, and Mr. Hennings said that was correct. He said staff was preparing a contract with the LBJ School to bring back to the Council on April 21st along with alternatives for funding the study. Responding to Council Member Gonzales, Mr. Hennings said staff had scheduled a discussion on annexation for this meeting, but last week the Council asked staff to postpone it until March 31st. Dr. Gonzales said he had received a call from the Mayor of Port Aransas and he had met with him and others; however, Dr. Gonzales said he had not been briefed on the annexation issue beforehand. Mr. Hennings said that about three months ago at a Council meeting, he was asked to prepare a report for the Council on the possibility of annexations, especially Mustang Island. He said he and Mayor Neal met with the Mayor and City Manager of Port Aransas at their request about how they might ask the Corpus Christi City Council to agree to let Port Aransas annex the rest of Mustang Island. As a result of that meeting, the Port Aransas officials have written a letter (which Mr. Hennings will provide to the Council) asking for the Council's favorable consideration of that issue. He added that the last time Port Aransas annexed a portion of Mustang Island, they agreed to build a golf course, which did not occur, and they also agreed that they would not seek further annexation of that area. Council Member Betty Jean Longoria said if the Council agreed, she would like the contract for the factory outlet mall to be placed on the agenda for the March 31st meeting. Mr. Hennings said Minutes Regular Council Meeting March 24, 1998 Page 21 the contract with the outlet mall developer provides that if the developer does not close on the purchase of the land for the project, the contract will terminate March 31, 1998. He said that issue could be placed on the agenda next week for consideration. Mayor Neal agreed that the contract should be reviewed next week. Council Member Colmenero requested an update on the Las Carabellas situation. Mr. Hennings said staff would ask the Alliance to provide a report on that. Mayor Neal said one of the questions asked by an audience member at that meeting was whether a certification of funds was available for Item 2 on the day's agenda, and he said Mr. Chapa had informed him that he had received the certification, and the funds have been identified and properly certified as being available. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:40 p.m. on March 24, 1998. * * * * * * * * * * * * *