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HomeMy WebLinkAboutMinutes City Council - 06/09/1998I 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 June 9, 1998, which were approved by the City Council on June 16, 1998. WITNESSETH MY HAND AND SEAL, this 16th day of June, 1998. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 9, 1998 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Dr. Arnold Gonzales Council Members: Javier D. Colmenero Melody Cooper* Alex L. Garcia Jr. Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols City Staff: City Manager Bill Hennings Assistant City Attorney Alison Gallaway City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor James A. Roberts, Gateway 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 meetings of May 19, 1998, and May 26, 1998. 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. Downtown Management District Joe Adame (Reappointed) Richard King III (Reappointed) Dottie Clower (Reappointed) Gordon Landreth (Reappointed) Miguel Pro (Reappointed) Robert Racusin (Reappointed) Richard Schendel (Reappointed) Ted Stephens (Reappointed) Charles Thomasson (Reappointed) Coastal Bend Council of Governments Alex Garcia Jr. (Alternate) Dan Whitworth (Alternate) Andres Leal Jr. (Alternate) Ed Garana (Alternate) Human Relations Commission Rev. Willie Davila (Reappointed) Jeannette Stevens Minutes Regular Council Meeting June 9, 1998 Page 2 Park and Recreation Advisory Board Building Standards Board Joe Ochoa Paula Waddle * * * * * * * * * * * * * Mayor Neal recognized the presence of State Representatives Gene Seaman and Jaime Capelo in the Council Chambers. The next item on the agenda was a presentation by the Coastal Bend Community Foundation. Dr. Dana Williams, Executive Vice President, announced that the Foundation was making a $1 million donation to the Corpus Christi Museum of Science and History. The Foundation had previously donated $1.84 million for a new Flour Bluff Library. On behalf of the Council, Mayor Neal thanked Dr. Williams and the Foundation for their generous donations. Rep. Seaman noted that the Legislature had designated the museum as the state marine artifact repository, and he commented on another ship excavation that would be taking place. He said such artifacts provide excellent tourist attractions. Rep. Capelo said the Corpus Christi Museum will be working with other museums in the Coastal Bend in displaying the La Salle exhibit and similar exhibits. Mr. Rick Stryker, Museum Director, thanked the Foundation and he recognized the members of the Museum of Science and History board and the Friends of the Museum who were present. Mr. Stryker also briefly discussed plans for the museum's new 28,000 -square foot addition. Mayor Neal noted that Items 3.a. -c. on the day's agenda pertained to the Coastal Bend Community Foundation, and he asked that those items be considered at that time. The Mayor called for comments from the audience. Mr. Herb Canales, Director of Libraries, said representatives of the Flour Bluff Independent School District have approached staff about the possibility of locating the new Flour Bluff library on land owned by FBISD, and he said more details will follow. City Secretary Chapa polled the Council for their votes as follows: 3.a. M98-181 Motion authorizing the City Manager or his designee to execute the Flour Bluff Library Donation Agreement with the Coastal Bend Community Foundation providing $1.84 million for design and construction of a new library in Flour Bluff and books and furnishings for the new library. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. Minutes Regular Council Meeting June 9, 1998 Page 3 3.b. M98-182 Motion authorizing the City Manager or his designee to execute the escrow receipt with Mercantile Bank, N.A., and the Coastal Bend Community Foundation providing for payment of all expenses relating to design and construction of a new library in Flour Bluff and books and furnishings for the new library. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 3.c. ORDINANCE NO. 023321 Ordinance appropriating $1,587,000 from a Coastal Bend Community Foundation grant in the No. 269 Library Capital Projects Fund for the design and construction of the Flour Bluff Branch Library; amending Ordinance No. 023174, which approved the FY 97-98 Capital Budget, to add $1,587,000 to the Library program. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. Before proceeding, City Secretary Chapa said he needed to make a correction to the Board and Committee appointments. He said the Corpus Christi Downtown Management District wished to expand their board with two additional members: Mr. George Placke, President of TSE Equity Company Ltd., and Mr. Erik Ward, General Manager of Parking Company of America; both men are property owners in the area of the DMD and qualify to serve on that board. The Council approved the appointments of Mr. Placke and Mr. Ward. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Robert Shake, 2814 Parkgreen, presented a petition signed by other concerned licensed electricians. He said the staff of the city's Electrical Inspection Department has been authorized by the Council to consist of a chief electrician plus five inspectors. He said although the fifth inspector position has been approved for the current fiscal year, the hiring has not occurred. Mr. Shake commented on the importance of having an adequate electrical inspection staff for safety reasons. Mr. Byron Wooldridge, 6705 Deerwood, referred to the possible implementation of a street user fee. He said before the city asks citizens for more money, city officials should learn to manage the city's operations, and he cited two examples to make his point. Minutes Regular Council Meeting June 9, 1998 Page 4 Mr. J.E. O'Brien, 4130 Pompano, noted that his water meter was read on Saturday, and he questioned whether the city pays overtime on Saturdays. He also discussed a recent news broadcast in which he said a Council member commented that the city's financial condition is a result of revenues not keeping up with expenditures. Mr. O'Brien said a 10% across the board reduction in the General Fund would net over $3 million, which could be used for street projects. Mr. Leon Perez, 904 Buford St., expressed concern about the possible street user fee. He also questioned the recent resurfacing of Sixth Street from Buford Street to Craig Street. Mr. John Hartley, 3925 Sandy Hollow, asked about the status of an audit of the Police Department and other city departments. He also commented on the need for more jobs in Corpus Christi that pay more than minimum wage, particularly for young people, and he suggested that the Council consider installing a reverse -osmosis water fountain rather than drinking bottled water. Mr. James Cooper -Hill, 555 Carancahua, said he was representing an elderly couple in a lawsuit filed that day against the Corpus Christi Community Improvement Corporation, which he briefly described. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 4 through 17. City Secretary Chapa said Item 13 was being withdrawn, although Council members indicated they wished to discuss Item 13, along with Items 4 and 9. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following were passed: 5. M98-184 Motion approving supply agreements with the following companies for the following amounts for mowing of water production facilities in accordance with Bid Invitation No. BI - 0151 -98 based on low bid for an estimated annual expenditure of $98,535. The term of the contracts shall be for 12 months with an option to extend for up to two additional 12 -month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 97-98 and requested for FY 98-99. Winter Maintenance & Landscaping 1159 Cantwell Corpus Christi Texas 78407 Groups I & II $55,590 Grand Total: $98,535 AAA Mowing 1906 Braeswood Corpus Christi Texas 78412 Group III $42,945 Minutes Regular Council Meeting June 9, 1998 Page 5 The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 6. M98-185 Motion approving a supply agreement for approximately 536 pairs of rubber hip boots and 465 pairs of PVC knee boots in accordance with Bid Invitation BI -0144-98 with Vallen Safety Supply Company, Corpus Christi, Texas, based on total low bid of $17,884.71. The term of the agreement will be twelve months with option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. The boots will be purchased into Warehouse Inventory and issued to various departments throughout the City. Funds have been budgeted for FY 97-98. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 7. M98-186 Motion approving a supply agreement with City Dairy Services, Corpus Christi, Texas in accordance with Coastal Bend Council of Governments Bid Invitation No.CBCOG-98-8, for milk and dairy products consisting of homogenized milk, buttermilk, low fat milk, low fat chocolate milk, and skim milk, based on low bid for an estimated six months expenditure of $19,525.95. The term of the agreement shall be for six months with an option to extend for up to three additional months, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 97-98 and requested for FY 98-99. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 8. M98-187 Motion approving a supply agreement with International Supply, Corpus Christi, Texas for pre -fabricated fiberglass manhole enclosures in accordance with Bid Invitation No. BI -0087- 98 based on low total bid for an estimated annual expenditure of $25,976.35. The term of the contract shall be for 12 months with an option to extend for up to two additional 12- month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 97-98 and requested for FY 98-99. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. Minutes Regular Council Meeting June 9, 1998 Page 6 10. M98-189 Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Engineers and Contractors/Machinery & Materials, a Joint Venture of Corpus Christi, Texas in the amount of $135,800 for the Oso and Allison Wastewater Treatment Plant Weir Cleaners Installation and Broadway Wastewater Treatment Plant Blower Rehabilitation -1998. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 11. M98-190 Motion authorizing the City Manager or his designee to execute a contract in the amount of $103,000 with R.S. Black Civil Engineers and Contractors/Machinery & Materials, a Joint Venture, for the Allison Wastewater Treatment Plant: Flowmeter Installation Project - 1998. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 12. M98-191 Motion authorizing the City Manager or his designee to execute a construction contract with ECS Construction in an amount not to exceed $138,000 to develop Brockhampton and Brandywine Parks. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 14.a. M98-197, Motion authorizing the City Manager or his designee to accept a matching grant in the amount of $1,271 and to execute contracts and all related documents from the Texas Commission on the Arts for funding the production of the 1998 Multicultural Performance Series held at the Multicultural Center in Heritage Park. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. Minutes Regular Council Meeting June 9, 1998 Page 7 14.b. ORDINANCE NO. 023324 Ordinance appropriating a matching grant in the amount of $1,271 from the Texas Commission on the Arts in the No. 162 Federal/State Grants Fund for funding the production of the 1998 Multicultural Performance Series held at the Multicultural Center in Heritage Park. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 15. ORDINANCE NO. 023325 Ordinance appropriating $13,300 from proceeds of the 1998 Folklife Festival in the No. 111 Cultural Services Trust Fund to fund vendor payments for the 1998 Folklife Celebration. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 16. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year lease, with four 5 -year options to extend, with San Antonio MTA, L.P., acting through its general partner, Primeco Personal Communications, L.P., for an antenna lease on the Flour Bluff Water Tower in consideration of Primeco paying $700 per month, payable annually and adjusted by Consumer Price Index every 5 years. The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 17. ORDINANCE NO. 023326 Authorizing the City Manager or his designee to execute a twenty-year usage lease with the Oneta Company d.b.a. Pepsi Cola Bottling Company of Corpus Christi for the occupancy of 4,560 square feet of the Airport Drainage Ditch right-of-way to allow its trucks use of the drainage right-of-way to turn, reverse, and maneuver more freely on the adjacent property; and establishing a fee of $800 as payment for the first five year lease increment. The foregoing ordinance passed on second reading by the following vote: Colmenero, Minutes Regular Council Meeting June 9, 1998 Page 8 Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, pipeline inspection system. Responding to Council Member Colmenero, Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, explained that the cameras are miniature cameras able to fit inside a six- inch diameter pipe and they are connected by camera to a control unit, which he further described. City Secretary Chapa polled the Council for their votes as follows: 4. M98-183 Motion approving the purchase of a pipeline inspection system consisting of four (4) closed circuit televising cameras and related accessories from the Houston -Galveston Area Council (H -GAC) for a total amount of $134,896.92. The purchase is made through the H -GAC Cooperative Purchasing program. This equipment is budgeted by the Wastewater Depart- ment in the FY 1997/98 Capital Outlay as a replacement system. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, contract with Browning Ferris Inc. In response to Council Member McNichols, Mr. Andy Leal, Director of Solid Waste Services, explained that the contract with BFI would continue the curbside and drop-off recycling programs at no cost to the city; in addition, the city would not receive any revenue from the recyclable materials (with the exception of receiving 75% of newspaper proceeds in excess of $39 per ton). Dr. McNichols said that in essence, the city is allowing BFI to collect the recyclable materials so they do not go into the city's landfill. He said there is not a sufficient upstream market for the recyclables in order to generate revenue for the city. Mr. Leal agreed, adding that from the beginning of the recycling program, staff did not anticipate any significant revenue for that reason. He said they estimate the net cost of the program to be $665,000. Council Member Garcia asked about citizen participation in the recycling program, Mr. Leal said there is a "set -out" (full participation) rate of about 34% of 72,000 homes, and a sporadic participation rate of 60% in the program, which is voluntary. He added that Ms. Estela Garcia, Waste Reduction Manager, has developed an informational campaign for the elementary schools. In reply Minutes Regular Council Meeting June 9, 1998 Page 9 to Mayor Neal, Mr. Leal briefly addressed the recyclables market throughout the country. City Secretary Chapa polled the Council for their votes as follows: M98-188 Motion authorizing City Manager or his designee to execute a contract with Browning Ferris Inc. for the receiving, processing and marketing of recyclables from the City's curbside recycling and drop-off facilities for a three-year term with options for two additional one- year term extensions with the City to receive 75% of all proceeds for all newspaper that is sold at a price in excess of $39/ton. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, Crosstown Expressway illumination project. In reply to a question from the Mayor, City Manager Hennings verified that the state pays half of the cost for lighting on the expressways. Mr. Crull added that on the non -expressway streets in the city, Central Power & Light maintains the lighting system, and the cost is figured into the tariff that the city pays CPL on a per -light basis. Mr. Hennings said the budget contains a line item of over $2 million a year for street lighting. Council Member Martin asked how this item relates to TXDOT's resurfacing project for Crosstown Expressway. Mr. Hennings said TXDOT is going to reject the bids for the resurfacing project; consequently, he said he would withdraw Item 13 because the price will probably change when TXDOT rebids the resurfacing project. 13. WITHDRAWN Expressway), aid-autleliza,g the deposit of $96,155.40 with th., Texas Depaitae. t of Transportation as this City's share of coustructioi. costs. * * * * * * * * * * * * * Mayor Neal opened the public hearing on Item 18, Ramona Drive right-of-way closure. Minutes Regular Council Meeting June 9, 1998 Page 10 No one appeared in opposition to the street closure. Council Member Garcia made a motion to close the public hearing, seconded by Council Member John Longoria, and passed. Responding to Council Member Garcia, Mr. Crull explained how the fair market value for the property was calculated. City Secretary Chapa polled the Council for their votes as follows: 18.a. ORDINANCE NO. 023327 Ordinance closing and abandoning a 30,000 -square foot portion of Ramona Drive undeveloped right-of-way, between Bloomington Street and Skinner Street right-of-way, out of the La Pascua Unit 2 Subdivision subject to compliance with the specified conditions, and the owner, West Oso Independent School District, replatting the property within 180 days at its expense. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 18.b. ORDINANCE NO. 023328 Ordinance closing and abandoning two 6,000 -square feet, 10 -foot wide by 600 -foot long, utility easements between Lots 15-38 of Block 5 and Lots 15-38 of Block 7, respectively, of the La Pascua Unit 2 Subdivision, recorded in Volume 13, Page 50, of the map records of Nueces County, Texas, subject to compliance with the specified conditions and the owner, West Oso Independent School District, replatting the property within 180 days at its expense. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 19. Case No, 498-7. Raul T. Perez Homes. A change of zoning from an "R -1B" One -family Dwelling District to an "R-2" Multiple Dwelling District on Highway Village No. 2, Block 11, Lot 11B, located on the west side of Robby Drive, approximately 180 feet south of Leopard Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R-2" Multiple Dwelling District. No one appeared in opposition to the zoning change. Council Minutes Regular Council Meeting June 9, 1998 Page 11 Member McNichols made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 023329 Amending the Zoning Ordinance upon application by Raul T. Perez Homes, by changing the zoning map in reference to Highway Village No. 2, Block 11, Lot 11B, from "R -1B" One - Family Dwelling District to "R-2" Multiple Dwelling District. 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. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 20. Case No 498-9. Al Amin Temple. A change of zoning from an "AB" Professional Office District and "R -1B" One -family Dwelling District to "T -1A" Travel Trailer Park District on Tract 1 and "I-2" Light Industrial District on Tract 2 on Al Amin Tract, Block 1, Lot 1, and H.B. Sheppard Farms Lots, being 5.48 acres out of Lots 33, 37 and 38, located on the southwest corner of Interstate Highway 37 and Suntide Road. City Secretary Chapa said the applicant has requested tabling this zoning case until July 28, 1998. Council Member Garcia made a motion to table until July 28th, seconded by Council Member Betty Jean Longoria, and passed. TABLED Sheppard Farms Lots, being 5.48 acres out of Lots 33, 37 and 38 from "R 1B" Onc family District en Tract 1 and "B 4" General Business District on Tract 2. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 21. Case No. 498-11. Recovery Campuses of Texas. Inc.: A change of zoning from an "I-3" Heavy Industrial District to a "B-4" General Business District on Beach Portion, Block 58, Minutes Regular Council Meeting June 9, 1998 Page 12 Lots 1, 2, 3, 4, 5 and 6 located on the southwest corner of Resaca and North Tancahua Streets. City Secretary Chapa said the Planning Commission and staff recommended denial of the `B-4" General Business District and he said the 20% rule was in effect on this item. Mayor Neal called for comments from the audience. Mr. Bob Garrett, Executive Director of Recovery Campuses of Texas, explained that he and his wife established RCT in Galveston in 1995 with their own funding, and they have recently opened a facility in Alice with plans for outpatient facilities in Kingsville and Sinton. He said the Texas Department of Criminal Justice (TDCJ) approached them about applying for a grant to operate their facility in Corpus Christi as long as a location could be obtained. He described how they came across the property at 1501 N. Tancahua and meetings they have had with the Durrills (who are in favor of the zoning change) and representatives of the Port of Corpus Christi (who are opposed). Mr. Garrett said in order to overcome opposition from the Port, Recovery Campuses is requesting that the City Council grant a special permit for the "B-4" zoning for one year, to include deed restrictions, so as to obtain the contract with TDCJ. He said during that time, they will find another site to relocate to at the end of the one-year period. Mr. Garrett described how Recovery Campuses will help rehabilitate drug addicts and alcoholics, and the TDCJ grant monies that will be used to operate the facility will stay in Corpus Christi in the form of local purchases. He added that the company will also be seeking a grant contract with the Texas Commission on Alcohol and Drug Abuse, which the Galveston facility has. Mrs. Dorothy Spann, 502 Del Mar, spoke in favor of the proposal and the benefits of prevention and rehabilitation programs such as those offered by Recovery Campuses. Mr. Bill Durrill said he was surprised that a representative of the Port was not present for the zoning hearing because of their strong opposition to this proposal. He said he has been working with Recovery Campuses for the last few months in locating a site for their facility, and they have been negotiating with the Port regarding the Tancahua site. He emphasized that they are proposing to be located on Tancahua for only one year, which will not hinder the Port's long-range plans Responding to Council Member John Longoria, Mr. Durrill said Recovery Campuses would seek to find a permanent location in a sparsely developed area and they intend to hold hearings to receive public input regarding the site they choose. Mr. Durrill said if the Council voted to grant them a permanent zoning change on Tancahua, Recovery Campuses would continue to develop that property, which was their original intent prior to the Port's opposition. In reply to Council Members Garcia and Colmenero, Mr. Durrill said they would try to find a location where there is no opposition to the facility. With regard to the Tancahua location, he reiterated that they would be willing to work with everyone involved in reaching an agreement for Minutes Regular Council Meeting June 9, 1998 Page 13 that site. Mr. Garrett added that the facility is operated in a low-key manner and assists people with chemical dependencies who have had run-ins with the law and wish to remain productive members of society. He added that they do not deal with hardcore violent criminals, who are housed in parole halfway houses in larger cities. Council Member Martin referred to a letter in opposition that the Council had received from the Port, and he asked if the letter was from the Port of Corpus Christi Authority or from the Port staff. He also asked whether the Port Authority Board had passed a resolution or had any discussions regarding this situation. Mr. Tom Utter, Assistant City Manager for Development Services, said Mr. Greg Brubeck, Deputy Director of Engineering for the Port, had called him to say that the Port staff had discussed the issue with the Port Commissioners that morning. Mr. Utter said to his knowledge the Port Commissioners had not passed a resolution. In addition, no Port representatives appeared before the Council during the zoning hearing at that time. Mr. Martin made a motion to close the public hearing, seconded by Mr. Longoria, and passed. Replying to Mr. Garcia, Mr. Utter said the Planning Commission members heard basically the same discussions that the Council members were hearing, and they apparently gave credence to the Port's opposition. Mr. Michael Gunning, Acting Director of Planning and Development, said the Planning Commissioners had expressed some concern about the proposed facility being located behind the Broadway Wastewater Treatment Plant and the potential for other heavy industrial uses being located there in the future. He said they did not hear the proposal to locate the facility on Tancahua for only one year. Mr. Garrett also briefly described the company's facility in Alice and the type of clients they will serve. Mr. Martin pointed out that in this situation, there are some people who own private property that the staff of the Port Authority may want to obtain in the future. He said if the Port Authority wants to buy that property, they can do so through their condemnation powers any time they wish. Mr. Martin said the issue before the Council is whether the proposal is a proper use of that piece of property. He noted that the Tancahua location went through the same public hearing process as two other pieces of property vying for the TDCJ grant, one of which received much opposition despite its location on farm land outside the city limits. He said there was no opposition during the Planning Commission hearing on the Tancahua location other than from the Port. He said the zoning request before the Council is to "down zone" the property from "I-3" to "B-4." He added that there is probably not a single piece of property in the city that the Council would not so down zone. He made a motion to grant the request for rezoning to `B-4," seconded by Mr. Longoria. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting June 9, 1998 Page 14 21. ORDINANCE NO 023330 Amending the Zoning Ordinance upon application by Recovery Campuses of Texas Inc., by changing the zoning map in reference to Beach Portion, Block 58, Lots 1, 2, 3, 4, 5 and 6 from "I-3" Heavy Industrial District to "B-4" General Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 22. Case No. 498-12. Robert E. Searcy: A change of zoning from a `B -2A" Barrier Island Business District to an "I-2" Light Industrial District on Padre Isles No. 1, Block 14, Lots 6B & 7B, located on the east side of Palmira Avenue, approximately 250 feet south of Marquesa Drive. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" Light Industrial District, and lieu thereof, approval of a special permit for a storage building subject to six (6) conditions. No one appeared in opposition to the zoning change. Council Member McNichols made a motion to close the public hearing, which was seconded and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023331 Amending the Zoning Ordinance upon application by Robert E. Searcy, by granting a Special Permit for a storage building subject to six (6) conditions on Padre Isles No. 1, Block 14, Lots 6B & 7B. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23 pertaining to the appointment of the new city manager. 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 June 9, 1998 Page 15 23.a. ORDINANCE NO. 023332 Ordinance transferring $71,750 from the No. 102 General Fund to the No. 111 City Manager's Severance Trust Fund; appropriating $71,750 in the No. 111 City Manager's Severance Trust Fund to fund the severance package for David R. Garcia. An emergency was declared and the foregoing ordinance passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero and Cooper absent. 23.b. RESOLUTION NO. 023333 Resolution appointing David R. Garcia City Manager of the City of Corpus Christi, establishing compensation for City Manager in accordance with Article III, Section 1 of the City Charter. The foregoing resolution passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero and Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 24, street closure for "Big Bang Concert." He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 24. M98-193 Motion approving the application by the Greater Corpus Christi Business Alliance for closing the following section of Shoreline Boulevard between Interstate 37 and Hughes Street to conduct the "Big Bang Concert" on July 4, 1998: northbound Shoreline and southbound Shoreline Boulevard, beginning at 12:00 noon on July 3, 1998 through 6:00 p.m., July 5, 1998. The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero and Cooper absent. * * * * * * * * * * * ** Mayor Neal opened discussion on Item 25, construction of public improvements. 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 June 9, 1998 Page 16 25. M98-194 Motion authorizing the City Manager or his designee to execute an amendment to the Participation Agreement with A& J Construction Inc., a Texas Corporation, identifying the "not to exceed" costs of $1,300,000 for construction of public improvements including a lift station and force main service line as a portion of the collection system for Sewer Planning Area 30 and providing a schedule for placing the permanent lift station into operation. The foregoing motion passed 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 26, exceptional drilling permit application. He called for comments from the audience, and there were none. In reply to Council Member McNichols, City Manager Hennings said the ordinance requires that wells in the bay be located in the west comer of the state tract. However, in the last 10 years there have not been any wells drilled in the bay, and the Oil and Gas Advisory Committee is recommending that the city not require the well be drilled in the west tract but rather to let the drilling company drill the well as a straight hole. He said if drilling activity was to increase in the future, there would be a strong interest in consolidating those locations. Mr. Hennings added that when drilling stops on a well, it is plugged and abandoned, as has been the case with hundreds of wells in the bay. Mr. James Conn, Petroleum Superintendent, further described environmental regulations that are imposed on drilling wells. City Secretary Chapa polled the Council for their votes as follows: 26. M98-195 Motion granting a permit to Sabco Operating Company to drill an oil or gas well at an exceptional location, approximately 6 miles seaward of the Corpus Christi Marina in Corpus Christi Bay, State Tract 53. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Cooper, J. Longoria, and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 27, Community Youth Development grant. He called for comments from the audience, and there were none. Council Member Colmenero pointed out that Minutes Regular Council Meeting June 9, 1998 Page 17 the information regarding prior Council action on this item contained the wrong year; it should have read October 28, 1997. City Secretary Chapa polled the Council for their votes as follows: 27.a. M98-196 Motion authorizing the City Manager or his designee to execute a contract amendment with the Texas Department of Protective and Regulatory Services for additional funding in the amount of $66,765 for the Community Youth Development grant for the 78415 ZIP code for projects as recommended by the Corpus Christi Community Youth Development Committee. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 27.b. ORDINANCE NO. 023334 Ordinance appropriating $66,765 from the Texas Department of Protective and Regulatory Services in the No. 163 Federal/State Grants Fund to fund the approved 78415 youth service programs. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 27.c. M98-197 Motion authorizing the City Manager or his designee to execute a subcontract amendment in the amount of $37,196 with Communities in Schools for a revised subcontract amount of $259,409 to fund the Summer Youth Camp Employment Program under the Community Youth Grant. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 27.d. M98-198 Motion authorizing the City Manager or his designee to execute a subcontract amendment in the amount of $25,472 with the City of Corpus Christi -Park and Recreation Department for a revised subcontract amount of $104,400 to fund additional youth summer programs 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 June 9, 1998 Page 18 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 28, Corpus Christi IceRays hockey camp. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 28. M98-199 Motion authorizing the City Manager or his designee to execute a contract for $21,940 with the Corpus Christi IceRays to provide services in the 78415 ZIP code area for the period of June 8 -July 31, 1998. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Neal called for a short recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item M., consideration of the proposed FY 98-99 operating budget. City Manager Hennings referred to a schedule of budget discussions he had proposed for the day's meeting and for upcoming meetings. He then presented the Distinguished Budget Presentation Award from the Government Finance Officers Association of the U.S. and Canada (GFOA) to Mr. Jorge Garza, Assistant City Manager for Administrative Services, Mr. Joe Montez, Director of Management and Budget, and the Budget Department staff. Mr. Hennings said the GFOA also awarded Mr. Montez a Certificate of Recognition for Budget Preparation. Mr. Hennings then went on to describe the various funds that comprise the city's operating budget: General Fund, Enterprise Funds, Intemal Services Funds, Debt Service Funds, and Special Revenue Funds. He said the summary of net appropriations for FY 98-99 is $266,752,815, and the summary of expenditures totals $338,451,600. Mr. Hennings said the proposed budget will remain basically the same with some notable exceptions: the Police Department budget is proposed to increase by about $3 million as a result of the creation of the Crime Control and Prevention District; the Stormwater activity of the Utility Fund will include the addition of 29 employees and more equipment to improve the maintenance operations of the city's major drainage ditches; and there continues to be a shortfall in the street Minutes Regular Council Meeting June 9, 1998 Page 19 maintenance and park maintenance budgets. Mr. Hennings also discussed the City Services Survey, which concluded that most citizens are not asking for any dramatic changes in city services, also with some exceptions, such as the need to improve stormwater activities and street services. Using visual aids, the City Manager gave a detailed account of historical aspects of the General Fund budget, including property tax values and rates and revenues and expenditures. With regard to FY 98-99, the total General Fund revenues are anticipated to be $121,945,082, and General Fund expenditures are expected to be $123,704,643. Mr. Hennings reiterated that the proposed budget includes a shortfall in the street maintenance and park maintenance budgets. In order to address that issue, a review needs to be conducted of the existing local taxes that citizens pay and a determination made on whether there should be any changes in how those local taxes are used. For example, last year the City Council asked the Council of Governments and the state to terminate the collection of the 50 -cent monthly tax on telephone bills for 911 operations. Both the COG and the state agency opposed the Council's request, and now the city is awaiting an Attorney General's opinion on the issue, which Mr. Hennings said he believes will be in favor of the city. The City Manager then distributed a legal opinion about the county road and bridge fee. He explained that when a citizen renews their car or truck, Nueces County charges a $10 surcharge, amounting to about $2 million per year, which goes into the County Road and Bridge Fund. He said the County Commissioners have chosen not to spend any of that money in Corpus Christi; however, about 90% of the vehicle registrations belong to residents and businesses in Corpus Christi. He said the legal opinion states that the Commissioners may expend monies from that fund on the maintenance of roads and streets in Corpus Christi, which he explained. Following comments on that issue from the Council, Mr. Hennings referred to a pie chart illustrating 1997 property tax rate allocations as follows: CCISD-51.5%; City -21.16%; Nueces County -11.43%; Hospital District -7.91%; Del Mar -7.05%; and Port -0.94%. He said with regard to the county's portion of the property taxes, activities funded by those monies generally are not available in Corpus Christi, and the county jail is probably the biggest operation of county government. In fact, he said, in order for city police to take prisoners to the county jail, the city was required to enter into a contract with the county, in which the city pays the county an additional $275,000 each year. A discussion ensued. The next presentation was made by Assistant City Manager Garza, who discussed how the proposed budget is reconciled with the City Council's financial policy. He explained that during FY 96-97 the rating agency Standard & Poor's lowered the city's rating from AA- to A+. One of the reasons given was that the city was using the ending fund balance in the General Fund to balance the budget. As a result, the City Council approved a financial policy which dictates how the annual budget will be prepared with regard to the General Fund. Minutes Regular Council Meeting June 9, 1998 Page 20 Mr. Garza referred to a chart showing the five-year ending balances in the General Fund according to the financial plan. He noted that the basic plan for the first year was modified to change the amount of the ending fund balance in FY 97-98 from $2,016,417 to $2,170,190. However, he said, staff estimates that the ending balance this fiscal year will be $5,085,518, and staff is recommending that the ending fund balance for FY 98-99 be $3,736,743, rather than $2,520,521 as called for in the second year of the financial plan. He added that another aspect of the financial plan calls for the ending fund balance in the Debt Service Fund to be an amount that will substantially cover the following year's debt service payment. He concluded that the proposed budget complies with the financial plan approved by the Council. The Police Department budget was the subject of the next presentation. Mr. Hennings said Police Chief Alvarez was ill and not able to attend the Council meeting; consequently, Assistant Chief Lou Villagomez gave the report. Before the Assistant Chief began, the Council members suggested that the portion of the budget related to the Crime Control and Prevention District be separated from the rest of the Police Department budget, particularly as a form of accountability to the voters at the end of the five-year life of the crime control district. Assistant Chief Villagomez discussed highlights of the Police Department budget, including continuing the replacement policy of marked police units; payment of the MDT/AVL system by the Law Enforcement Trust Fund; and proposed projects for the first year of the crime control district, specifically the addition of 15 officers (10 will graduate from the academy at the end of June and five will begin the academy in January 1999). Other crime control programs include a directed patrol program, citizen advisory councils, campus crime stoppers program, and expansion of the Juvenile Enforcement Team and the canine unit. In addition, the crime control district will include 23 more civilians in a variety of positions and other projects which the Assistant Chief outlined. He and Mr. Hennings also responded to questions from the Council. Questions also arose regarding the cost of the school crossing guards, which are paid for by the city and not the school districts (Flour Bluff ISD pays for one crossing guard). Mr. Hennings pointed out that last year the Council asked the County Commissioners to implement the school crossing guard fee to provide revenues for additional crossing guards, but the Commissioners did not approve it. A discussion ensued and Council members commented on the need to address the issue of the school crossing guards with the school districts. Mr. Hennings said the next budget issue to be discussed was the computer acquisition project and the related debt service. Mr. Garza explained that earlier this year the Council had authorized a bond sale of $9.8 million for the acquisition of four major computer systems, for which staff has now determined the cost distribution. Prior to explaining that in more detail, Mr. Garza said that several years ago an attempt was made to replace the Municipal Court computer system but problems were encountered; the city filed Minutes Regular Council Meeting June 9, 1998 Page 21 a lawsuit and reached a settlement with the company for $375,000. At that time, the Council set that money aside for the purpose of replacing the Municipal Court system in the future. He said since the court's new system will be paid from the bonds that were sold this year, that money can be released either for debt service payment or for General Fund operations. Council Member Martin asked why the $375,000 was not used as the Council had directed --namely, to reduce the bond proceeds by that amount. Mr. Garza replied that staff had not considered it. Mr. Garza then referred to a schedule devised by staff to assign the portion of debt service payment by fund, which he explained. Mr. Martin again asked why the $375,000 was not used as the Council had originally directed. Mr. Hennings said staff would review the history of that fund and provide the Council with a report on alternatives. Council members also questioned the cost allocation of the new computer systems, which Mr. Hennings and Mr. Garza explained. *Council Member Cooper arrived at the meeting at 6:10 p.m. In response to other questions, Mr. Garza also described personnel changes that were made in the Municipal Information Systems Department, conversion costs, and amortization of the debt service payments. Mr. Ogilvie Gericke gave the next presentation on the Street Services budget. He discussed several aspects of street maintenance, pointing out that Street Services is responsible for pavement, signals, and signs and markings maintenance. He noted that the current level of maintenance funding is inadequate, which results in a backlog; in addition, street reconstruction is more costly than preventive maintenance. Mr. Gericke further described several aspects of the Street Services Department and he responded to Council members' questions. A brief discussion ensued regarding the possibility of including the reconstruction of city streets in a bond election, as well as a brief discussion on a possible street use fee and the performance models that have been developed for the Street Services Department. The Park and Recreation Department budget was the next issue considered by the Council. Mr. Dan Whitworth, Acting Director of Park and Recreation, said the proposed budget includes a $5 across the board increase for participation in the Latchkey Program in an attempt to cover the majority (but not all) of the expenses for the program. In response to the Council's questions, Mr. Whitworth pointed out that the Latchkey budget does not include administrative costs; in addition, he said the program was intended to break even through the charging of fees. The Council suggested that a Council committee be formed to address such issues with school district trustees. A discussion ensued, and Mayor Neal said he thought the Council and staff needed to isolate all of the non -basic service issues contained in the proposed budget and determine if those are the responsibility of city government. The Mayor said there will be further discussion of the operating budget during next week's meeting. Minutes Regular Council Meeting June 9, 1998 Page 22 * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings said some of the items scheduled for next week include the northside area development plan and property acquisitions by Koch Refinery. He added that at 6 p.m. next week there will also be a neighborhood meeting hosted by city staff at the Oveal Williams Senior Center on the northside area development plan. In addition, Mr. Hennings announced that the Federal Aviation Administration had awarded a $1.6 million grant to the Corpus Christi Intemational Airport, which is the entitlement funding and part of the funding for the reconstruction of the terminal project, as well as an additional $1 million grant from discretionary funds for rehabilitation of a portion of the commercial apron and installation of the security system. In response to Council Member Gonzales, Mr. Hennings said staff is completing a financial feasibility study for the capital improvement program, which includes the reconstruction of a portion of the airport terminal building. He said the Council s611 had many decisions to make regarding the airport in the near future. Mr. Hennings also referred to a report he had sent to the Council previously about the Port industries and he suggested that a Council committee be formed to meet on a regular basis with a committee from the Port industry managers, who have expressed interest in doing that. The City Manager and the Council also briefly discussed the Legislative Weekend to be held July 10t -12'n In his report, Mayor Neal discussed the need to control the use of fireworks during the July 4`n weekend, particularly in light of the fire hazards that exist. He suggested that an informational sheet about fireworks be distributed to citizens through the utility bills. The Mayor also requested a briefing on the National Estuary Program. He then called for Council reports. Council Member John Longoria asked about the 6% utility rate increases. Mr. Hennings said staff planned to present a proposal to the Council on June 23`d regarding the possibility of suspending the 6% rate increases. Mr. Longoria asked that city staff and staff from other entities pursue the possibility of alternative locations for a cruise ship, such as next to the Bayfront Plaza Convention Center. Council Member Colmenero discussed the following issues: transients in vacant homes in the Chaparral/Fitzgerald area; the need for parking controls along Shoreline during large events; and a request for a staff response on the possibility of increasing the heavy brush pick up frequency. Council Member Cooper said she had just returned from Agen, France, as a representative of the Sister City Committee, in which she participated along with city officials from other countries in a special Sister City celebration. She thanked those who accompanied her on the trip. Minutes Regular Council Meeting June 9, 1998 Page 23 Council Member Garcia commented on the importance of improving communication between the city and other entities, an issue that was often discussed during the day's Council meeting. He also questioned whether there was a way to recapture water that had spilled when a pipe burst recently at the intersection of Leopard and Violet. Mr. Garcia also commented on the need for Port officials to be present at the Council meeting when they have an issue of concern, such as the zoning case that was considered that day. Responding to another question from Mr. Garcia, Mr. Hennings said the state requires that the landfill close on Sundays. Council Member Gonzales asked if citizens were being informed about water conservation measures, and Mr. Hennings said the city has an ongoing water conservation program, including public service announcements, billboards, and several communications initiatives. He added that there is plenty of water in the area's two reservoirs and he does not anticipate that mandatory water conservation measures will need to be implemented. Responding to Council Member Betty Jean Longoria, Mayor Neal said his assistant, Ms. Yvonne Haag, would be providing a complete briefing on the events being planned for the Fourth of July celebration. Mrs. Longoria also announced that she will be hosting a town hall meeting at the Northwest Senior Center on June I l° from 5:30-7 p.m., as well as another town hall meeting on June 25°i. She also discussed the importance of opening lines of communication with other entities. Mayor Neal replied that he intended to meet with Mr. Hennings to develop a schedule and solicit the Council members' input on possible committees they may wish to serve on. The Mayor also asked about the status of the outside study of the Police Department. Mr. Hennings said he would be having a staff meeting on that issue tomorrow, and staff should be bringing that to the Council in a few weeks. The Mayor also requested a report on street construction on Buford Street. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:35 p.m. on June 9, 1998. * * * * * * * * * * * * *