Loading...
HomeMy WebLinkAboutMinutes City Council - 06/23/1998I 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 23, 1998, which were approved by the City Council on June 30, 1998. WITNESSETH MY HAND AND SEAL, this 30th day of June, 1998. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 23, 1998 12:08 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 City Attorney James R. Bray Jr. Assistant City Secretary Mary Juarez Mayor Pro Tem Gonzales called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Christos Matos, St. Nicholas Greek Orthodox Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member John Longoria. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Gonzales called for approval of the minutes of the regular Council meeting of June 16, 1998, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Pro Tem Gonzales announced the closed session, pursuant to Texas Government Code, Section 551.071 regarding collective bargaining with the Corpus Christi Police Officers Association. The Council went into closed session. (*Council Member Garcia arrived at 12:16 p.m.) The Council returned from closed session. Council Member Garcia made the following motion, seconded by Council Member Betty Jean Longoria. Mayor Pro Tem Gonzales called for comments from the audience, and there were none. Assistant City Secretary Juarez polled the Council for their votes: Minutes Regular Council Meeting June 23, 1998 Page 2 F. M98-212 Motion authorizing the City Manager to execute a temporary contract amendment with the Corpus Christi Police Officers' Association amending the terms of the agreement between the City of Corpus Christi and the Corpus Christi Police Officers' Association dated August 1, 1995 to July 31, 1998. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, and McNichols voting "Aye"; Cooper, Martin, and Neal absent. ************* Mayor Pro Tem Gonzales opened discussion on the proposed FY 98-99 operating budget. Mr. Tom Utter, Assistant City Manager for Development Services, discussed the Solid Waste Services budget. He said a public hearing on the new landfill has been scheduled for July 30, 1998, at the London School at 7:00 p.m. Mr. Utter then referred to the Solid Waste Services funding plan, which was presented to the Council in July 1995 and has subsequently been brought back to them every year. He noted that according to the plan, $10 million was designated for the new landfill construction in 1998-99, but staff is proposing to defer that until 1999-2000 or possibly later. He said the useful life of the existing landfill has been increased due to recycling and brush grinding operations. The plan is also on target for no fee increases through 2002-03 while still meeting the plan's financing goals. Mr. Utter thanked the landowners in the area for their cooperation in planning for the new landfill. Mr. Andy Leal, Director of Solid Waste Services, said the proposed budget for that department continues the services already in place: twice -per -week garbage collection, every -other - week light debris and recycling collection, heavy brush and debris collection, solid waste compliance, and landfill operations. *Mayor Neal arrived at the meeting at 1:00 p.m. Mr. Leal said the proposed Solid Waste Services budget totals $12,537,778, and he went on to explain the differences in the proposed budget versus the adopted FY 97-98 budget. Mr. Leal also answered Council members' questions regarding several aspects of the department, including recycling, landfill operating hours, heavy debris collection, training measures to reduce workmen's compensation costs, the "Litter Critter" neighborhood program, and garbage collection schedules. *Council Member Cooper arrived at the meeting at 2:10 p.m. ************* Minutes Regular Council Meeting June 23, 1998 Page 3 Mayor Neal read several proclamations and presented certificates of recognition to the following people: the City Assistance Team for the "Day in Corpus Christi"; honorary citizenship to Shipwrights of Spain; a special recognition to Mr. Amando Beteta, Consul General of Mexico; and goodwill ambassador certificates to Sister City Student Exchange representatives. Mayor Neal then referred to the presentations on the day's agenda. The first presentation was made by Mr. Tim Taft, Senior Vice President of Whataburger, Inc. He described the company's plans to build a "flag ship" restaurant on Shoreline Boulevard. Mr. Tom Dobson, President of Whataburger Inc., said the company is very proud to be part of Corpus Christi. Mayor Neal pointed out that Whataburger is a great corporate citizen by making many contributions to the community. The next presentation was made by Mr. Fred Baker, with Belclaire Realty, who described the progress on the rehabilitation of the Frost Brothers/Lichtenstein Building. He said the majority of the demolition of the downstairs area has been completed, and they will move forward with the loft financing. He then introduced the building's first tenant, Mr. Tony Benson, President of Padre Island Brewing Company, who briefly explained his company's plans to locate here. The last presentation by made by Mrs. Yvonne Haag, Assistant to the Mayor and Chairperson of the Mayor's Planning Committee on the July 4t "Big Bang Celebration." She described the many different events that will be taking place that day, including an old-fashioned picnic at Cole Park, Independence Day patriotic ceremony and parade, "Stars and Stripes Aboard the U.S.S. Lexington," the H -E -B fireworks display, and a new addition, the "Big Bang" concert featuring `Beatlemania" on a floating stage on the waterfront. Mrs. Haag recognized the members of the Planning Committee who were present. Mayor Neal announced that Governor George W Bush and his wife will be on board the U.S.S. Lexington for the celebration. ************* Mayor Neal deviated from the agenda and opened discussion on Item 2, donation from the Coastal Bend Community Foundation. Dr. Dana Williams, Executive Vice President, said the foundation would not be making such donations to the city unless they felt well about the City Council and those who run the city. He added that there will be other donations to the city, which they will announce at a later date. Assistant City Secretary Juarez polled the Council for their votes as follows: 2.a. M98-213 Motion authorizing the City Manager or his designee to execute the Museum Donation Minutes Regular Council Meeting June 23, 1998 Page 4 Agreement with the Coastal Bend Community Foundation providing $1 million for design and construction of a Discovery Hall addition to the Museum and related exhibits. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 2.b. M98-214 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 construction of a Discovery Hall addition to the Museum and related exhibits. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 2.c. ORDINANCE NO. 023347 Ordinance appropriating $1,000,000 from a Coastal Bend Community Foundation Grant in the No. 263 Museum Expansion Bond Fund for the design and construction of the Discovery Hall addition to the Corpus Christi Museum of Science and History and related exhibits; amending Ordinance No. 023174, which approved the FY 97-98 Capital Budget, to add $1,000,000 to the Museum Program. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Abel Alonzo, 1701 Thames, noted that a citizen last week had questioned whether the planned location of the new southside fire station would adequately serve that area. He asked staff to review the location to ensure that it will provide timely fire protection service. Mr. Phil Rosenstein referred to the appointment by the City Council last week of Mr. Kenneth Berry to the Port of Corpus Christi Authority. He questioned Council Member Martin's participation in that vote, and he said City Attorney Bray had said there was no conflict of interest involved. Mr. Rosenstein commented on an editorial in the local newspaper about restoring trust in government. Minutes Regular Council Meeting June 23, 1998 Page 5 Ms. Nada Cano, Chairperson of the Mayor's Committee on Waste Reduction and Recycling, commented on the many items that are recyclable. She said if the city's recycling program is eliminated, Corpus Christi will probably be the only city of its size in the country without some kind of city recycling program. She added that the city's recycling program has received national recognition. Ms. Josie Guzman, 4817 Franklin, said she agreed with Council Member Gonzales that there is more debris on the westside, and she echoed Council Member McNichols' question about whether the recycling program is cost effective. Mr. J.E. O'Brien, 4130 Pompano, distributed information and quoted from a portion of the Attorney General's 1998 Texas Open Meetings Act Handbook regarding "provisions authorizing deliberations in executive session." Mr. O'Brien also questioned whether an Ethics Code violation occurred in last week's Council appointment to the Port Authority. He referred to an article in the newspaper about Mr. Ken Berry, a director and owner of Berry Contracting, and his proposed industrial development near Ingleside. He said with that project, it appears Mr. Berry could have a conflict of interest. He said he thought Mr. Berry should decline his appointment to the Port Authority. Mr. O'Brien also commented on a citizen's efforts to draw attention to illegal signs, and he quoted from Article II, Section 18 of the City Charter regarding "Council Responsibility." In reply to one of Mr. O'Brien's comments, City Attorney Bray said the Open Meetings Act within the attorney exception allows the Council to meet with an attorney not only on litigation but also on matters within the attorney-client privilege under the Code of Professional Responsibility. He said that includes meeting with its attorney on such matters as contract negotiations, which are clearly privileged in that context. Mr Jimmie Till, 1265 Southern Minerals Road, said Council Member McNichols should have the courtesy to listen to citizens' comments. Ms. Kay Noyes, 930 Coral, said she was opposed to spending any more money on studies in Corpus Christi, including the proposed additional studies on the Wesley Seale Dam. She said there are qualified engineers and attorneys on the city's staff. She also said there is much information available on the Internet. She brought pencil cacti to give to each of the Council members as a reminder of the drought in Corpus Christi. Mr. R.F. Hasker, 1813 Wallace, questioned whether the Sharks basketball franchise was coming back to Corpus Christi. He said they still owe the city $3,394 for rental of Memorial Coliseum, as well as many other debts. * * * * * * * * * * * * * Minutes Regular Council Meeting June 23, 1998 Page 6 Mayor Neal called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Neal deviated from the regular agenda and opened the public hearing on the following zoning case: (*Council Member Martin arrived at the meeting at 3:25 p.m.) 12.Case No 498-10 Sterling Michael Love• A change of zoning from an "R -1B" One -Family Dwelling District to a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Block 5, 1.540 acres out of Lot 25, located on the northwest corner of Lipes Boulevard and South Staples Street. Assistant City Secretary Juarez said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a `B-1" Neighborhood Business District. Mayor Neal said the Council discussed this zoning case at length last week; however, neither the applicant nor his representative were present so the item was tabled for one week. The Mayor then called for comments from the audience. Mr. Jim Boller, 5922 Parkland, said he was speaking on behalf of the applicant, Mr. Love. He said the request was to rezone to "B-4" and he distributed a map showing surrounding properties that are zoned "B-4" or `B-1," including the Coastal convenience store across the street that is zoned "B-4." He said they believe `B-4" would be congruent with the surrounding area for business use. In response to questions from Council Member Garcia, Mr. Boller said the applicant's intention was to seek the `B-4" zoning, which he said they would prefer over the "B-1" zoning for signage and usage purposes, but they did not plan to put a bar or club on the subject property, which is allowed under "B-4." Mr. Garcia also commented on the need for a traffic light at the intersection of Lipes Boulevard and South Staples Street due to heavy traffic flow there. Council Member Martin asked where the new high school would be located. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, referred to a map of the area to illustrate the 40 acres owned by CCISD. City Attorney Bray said the measurement with respect to a business and a church is from front door to front door, basically in a direct line across intersections where they occur. With respect to a business and a school, the measurement is from the nearest property line of the school to the nearest doorway by which a person can enter the business. Mr. Martin said with regard to this zoning case, if the subject property was zoned `B-4," a bar could be built there. He also said one of the Council's concerns in this case was the location of driveways on the property. Mr. Boller discussed the possibility of deed restrictions against bars being built on the subject property, and Mr. Martin said the way to regulate that is through zoning. Minutes Regular Council Meeting June 23, 1998 Page 7 Council Member Cooper asked if the owner would be satisfied with "B-1" zoning, and Mr. Boller reiterated that they would prefer to have "B-4." Mrs. Cooper said she supports "B-1" zoning for the subject property. Responding to Mr. Garcia, Mr. Boller discussed differences between "B-1" and "B-4" uses. Mr. T.J. Gray, representing the sellers of the property, said that a total of about 33 acres in that area has been owned by his family for about 75 years. He said "B-4" becomes a marketing tool of sorts, particularly with regard to the convenience store across the street, which has `B-4." Mr. Martin asked Mr. Gray if they would try to have all of the frontage they own on South Staples rezoned to business use, and Mr. Gray said they most likely would. Mr. Martin asked if restaurants are allowed in `B-1," and Mr. Utter replied that they are allowed. Mr. Gray asked if a restaurant selling alcoholic beverages would be allowed in `B-1," and Mr. Martin replied affirmatively. He added that the major zoning difference in this case --besides signage --is taverns, lounges, and bars. He said due to the close proximity of the school, all of the things they would want to exclude from that area would be allowed under `B-4." Mr. Martin made a motion to close the public hearing, seconded by Dr. McNichols, and passed. Mrs. Juarez polled the Council for their votes as follows: 12. ORDINANCE NO. 023351 Amending the Zoning Ordinance upon application by Sterling Michael Love, by changing the zoning map in reference to 1.540 acres out of Lot 25, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." ************* Mayor Neal opened the public hearing on the following zoning case: 13. Case No. 598-2. Charles Hatch: A change of zoning from an "R -1B" One -family Dwelling District to a "T -1B" Manufactured Home Park District on Flour Bluff and Encinal Farm and Garden Tracts, Section 40, Lot 9, located along the south side of the Division Road extension, between Flour Bluff Drive and Cayo Del Oso. Minutes Regular Council Meeting June 23, 1998 Page 8 No one appeared in opposition to the zoning change. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed. Mr. Garcia asked if the subject property was located in a flood plane, and Mr. Utter said the area along the Cayo del Oso is in a flood plane and it is also wetlands. He added that if the developer puts in a street with curbs, gutters, and sidewalks, they become the city's responsibility to maintain. Mr. Garcia asked how the new windstorm policy would affect the development in question. Following a brief discussion, City Manager Hennings said the federal government established their own construction standards for mobile homes and manufactured housing, which means they would not have to meet the requirements of the state's new windstorm insurance code. Responding to another question from Mr. Garcia, Mr. Utter said that while the Comprehensive Plan does not call for a manufactured home site at that location, it is consistent with the plan because it is residential development. Dr. McNichols pointed out that any developer who wishes to build a manufactured home subdivision has to comply with existing regulations that pertain to manufactured homes. Mrs. Juarez polled the Council for their votes as follows: 13. ORDINANCE NO. 023352 Amending the Zoning Ordinance upon application by Charles Hatch, by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 40, Lot 9, from "R -1B" One -family Dwelling District to "T -1B" Manufactured Home Park District. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero, Gonzales, and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal resumed the discussion on the proposed operating budget. The Mayor questioned a specific portion of the Solid Waste Services budget, and Mr. Leal explained that under contractual services, $1,028,220 was added back into the budget for FY 98-99 for equipment lease payments that was not included in the current budget because it was paid out of the G.O. Debt Service Fund this year. Mr. Utter added that for next year, he did not think the G.O. Debt Service Fund had the capacity to pay for the equipment lease payments (due to other requirements), although the regular operating budget has that capacity. Mayor Neal also asked about the fact that $694,500 was in the proposed Solid Waste Minutes Regular Council Meeting June 23, 1998 Page 9 Services budget under capital improvements (of which $600,000 will be used for construction of the next liner at the existing landfill), but it was not included in the current budget. Mr. Leal said that was because in this fiscal year, the liner was built using bond monies. The Mayor also asked about "Herbie the Curbie," and Mr. Utter said staff was working on a contract to bring to the Council, which will not impact next year's budget. Council Member Garcia asked about the Litter Critter program and service schedules, which Mr. Leal explained. In response to Council Member Martin, Mr. Utter said the proposed FY 98-99 Solid Waste Services revenues are $20,346,454, and the expenditures are $12,537,778. Mr. Martin also asked about competition from new landfills, and Mr. Utter explained that an application for a landfill in the western part of the county has had some problems, while staff expects the city's new landfill to be the landfill of choice for the area. A brief discussion ensued. Mr. Garcia asked about the status of the landfill gas project, and Mr. Utter said the wells at the landfill have been completed and RTC will begin the production of electricity in the near future. Assistant City Manager Jorge Garza then discussed the General Obligation Debt Service Fund, which was established to account for expenditures made on behalf of the city for bonds that were sold on which taxes were pledged as a revenue source. The fund's revenues consist of ad valorem taxes, interest on reserves and construction funds, paving assessments, and contributions from other funds to offset all or part of the general obligation debt used to benefit those funds. Mr. Garza said that in years past, the ending fund balance of the G.O. Debt Service Fund exceeded 75% of the following year's debt service payment. However, in FY 96-97 that fund's ending fund balance was reduced to 69% because it was used to support some of the debt service payments; that practice was followed in the current budget as well. Mr. Garza said prior to FY 97-98, the lease purchase payments were paid by the departments that bought the equipment, such as Solid Waste Services, which made its payments out of its operating fund. In order to release some revenues and, therefore, to increase the ending fund balance of the General Fund, the decision was made to pay for the lease purchases from the Debt Service Fund for FY 97-98. He said in the proposed FY 98-99 budget, the Debt Service Fund can no longer support those payments. Mr. Garza said staff is once again recommending lowering the ending fund balance of the Debt Service Fund in order to assist the General Fund. He referred to a handout illustrating a G.O. Debt Service Fund comparative debt coverage analysis for FY 98-99. Under the proposed scenario, the closing fund balance on July 31, 1998 would be $10,012,822, and the fund balance for debt service coverage would be 50.74%. Under the unadjusted scenario, the closing fund balance would be $13,229,608, or 67.04% of debt service coverage. A lengthy discussion ensued, and Council Member Martin commented that this proposal was being engineered to conform to the budget policy. He questioned whether if a different method was Minutes Regular Council Meeting June 23, 1998 Page 10 followed if it would come close to meeting the budget policy. Mr. Garza replied that expenditures would have to be reduced by that like amount; Mr. Hennings said another option would be to change the split in the tax rate. Another discussion followed regarding lease purchase payments and reserves. Responding to Mayor Neal, Mr. Hennings said the amounts budgeted for FY 97-98 were $115.8 million in revenues and $116.8 million in expenditures, although the actual performance will be better. The proposed budget for FY 98-99 includes $121.9 million in revenues and $123.7 million in expenditures. The Mayor said most people would think if the city can get $6 million more in revenues, the city should be able to find a way to not spend $9 million. He said he and others find it difficult to understand how year after year the Council is presented with a budget that is balanced out of the reserves, and he noted that there have been increased revenues recently that had not occurred in past years. Another discussion ensued, and Mr. Hennings again referred to the five-year ending balances for the General Fund financial plan, in addition to specific revenue and expenditure figures to answer Council members' questions. Mr. Garza also briefly discussed the investment report. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-11, and Council members requested that Items 4 and 10 be withheld for discussion. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes and the following were passed: 3. M98-215 Motion setting a public hearing on the proposed fiscal year 1998-99 budget during the regular Council meeting of July 14, 1998, beginning at 2:00 p.m. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 5. M98-217 Motion authorizing the City Manager or his designee to execute a construction contract with J.M. Davidson Inc., of Corpus Christi, Texas in the amount of $72,357 for the O.N. Stevens Water Treatment Plant: Ammonia Feed System Upgrade - 1998. 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 23, 1998 Page 11 6. M98-218 Motion authorizing the City Manager or his designee to execute Change Order No. 14 with Haas -Anderson Construction Co. for the Del Mar Area Street Improvements Project, Phase 3, in the amount of $78,159.06 for a revised contract amount of $3,815,841.65. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, 13. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 7. M98-219 Motion authorizing the City Manager or his designee to execute a contract in the amount of $102,100 with R.S. Black Civil Engineers & Contractors/Machinery & Materials (Joint Venture) of Corpus Christi, Texas for the compressed natural gas compressor installation at the Gas Department. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 8.a. M98-220 Motion authorizing the City Manager to execute a supplemental environmental project agreement with the Texas Natural Resource Conservation Commission and accept $20,000 for the purchase of equipment to be used in hazardous material incidents. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 8.b. ORDINANCE NO. 023348 Ordinance appropriating $20,000 received from respondents to Texas Natural Resource Conservation Commission Administrative Enforcement Proceedings, in Account No.162- 221-802.01 TNRCC-SEP account to purchase hazardous material incident response equipment. 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. Minutes Regular Council Meeting June 23, 1998 Page 12 9.a. M98-221 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $187,984 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 9.b. ORDINANCE NO. 023349 Ordinance appropriating $187,984 from the Corporation for National and Community Service in the No. 162 Federal/State Grants Fund for the Senior Companion 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. 11. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a 10 -year lease, with two 5 -year options to extend, with Kamping Pleasures Inc., for forty acres with improvements on the north side of Lake Corpus Christi, out of the Mary B. Kelvin Survey, in consideration of quarterly rent of $1,650 or 3.0 percent of quarterly gross sales, less sales taxes, whichever is greater, to operate a KOA Kampground. 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. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, purchase of construction equipment. In response to Council Member Garcia, Mr. Hennings said the purchase of this equipment is necessary despite any possible plans to privatize the operation of a wastewater treatment plant. Assistant City Secretary Juarez polled the Council for their votes as follows: 4. M98-216 Motion approving the purchase of construction equipment in accordance with Bid Invitation Minutes Regular Council Meeting June 23, 1998 Page 13 No. BI -0153-98 from the following companies. All equipment is budgeted in the FY 1997-98 Capital Outlay. One track excavator for Wastewater and one tractor/loader/backhoe for Gas are additional; all other items are replacements. Gulf Tractor J.C. Brown Corpus Christi Corpus Christi Bid Item 1, Utility Tractor - 1 each Bid Item 3, Crawler Tractor - I each $28,400 $71,306 Preco Machinery Coastal Plains Corpus Christi Corpus Christi Bid Item, 2 Wheel Loader - 2 each Bid Item 6, Tractor/Loader/Backhoe - 2 each Bid Item 4, Track Excavator - 3 each $102,594 Bid Item 5, Tractor/Loader/Backhoe - 1 each $338,793 Nueces Power Equipment Corpus Christi Bid Item 7, Tractor/Loader/Backhoe - 1 each Bid Item 8, Tractor/Loader/Backhoe - 2 each $167,202 Grand Total of Awards: $708,295 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 10, acquisition of land adjacent to Blucher Park. In response to Council Member Betty Jean Longoria, Mr. Utter explained that the Audubon Society and the Sierra Club had asked city staff to make this proposal to the City Council. In reply to Mrs. Longoria's other questions, Mr. Utter discussed the possibility of a grant for the Nueces River Park and he encouraged people to donate land along the water side of Ocean Drive. Assistant City Secretary Juarez polled the Council for their votes as follows: 10.a. ORDINANCE NO 023350 Ordinance appropriating $150,000 received from a Texas Coastal Management Subrecipient Grant in the No. 162 Federal/State Grants Fund to acquire additional park land adjacent to Blucher Park. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. Minutes Regular Council Meeting June 23, 1998 Page 14 10.b. M98-222 Motion authorizing the purchase of a 12,311 square -foot land parcel in the amount of $104,500, being all of Lots 7 and 8, Block 7, Bluff Portion of Central Wharf and Warehouse Company's Subdivision, a map of which is recorded in Volume "A", Page 15, Map Records of Nueces County, Texas, from Robert E. Brunkenhoefer. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. * * * * * * * * * * * * * Mayor Neal referred to the regular agenda items, and said Item 14 would be deferred briefly. He then opened discussion on Item 15, Southeast Senior Citizens Center. He called for comments from the audience, and there were none. Assistant City Secretary Juarez polled the Council for their votes as follows: 15. M98-224 Motion authorizing the City Manager or his designee to execute a contract for architectural/engineering services with Bennett, Martin, Solka Architects Inc. for a total fee not to exceed $78,000 for the Southeast Senior Citizens Center. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, Community Youth Development programs. He called for comments from the audience, and there were none. Responding to Council Member McNichols, Mr. Hennings said there had not been a defmite commitment of funding over the $500,000. Council Member Colmenero requested a listing of the funds being channeled to the 78415 zip code area. Assistant City Secretary Juarez polled the Council for their votes as follows: 16. M98-225 Motion approving the submission of FY 98-99 Community Youth Development programs in the amount of $500,000 to the Texas Department of Protective and Regulatory Services as recommended by the Community Youth Development Steering Committee. Minutes Regular Council Meeting June 23, 1998 Page 15 The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, illegal signs. He called for comments from the audience, and there were none. Replying to Council Member Martin, Mr. Hennings said the motion was to ask the Planning Commission to review the issue of illegal signs and to make a recommendation to the City Council. He said in the meantime, the present practice would be continued until the Planning Commission makes their recommendation. Assistant City Secretary Juarez polled the Council for their votes: 17. M98-226 Motion requesting that the Planning Commission develop a recommendation to bring subdivision and real estate signs into compliance with the City Code of Ordinances. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, post-hurricane/disaster recovery operations for debris management. He called for comments from the audience, and there were none. In reply to Council Member McNichols, Mr. R.H. Shackelford, Director of Engineering Services, explained that D&J Enterprises Inc. of Auburn, Alabama, is experienced in this specific line of work. He said they have about 150 personnel and a basic cadre of equipment and procedures which they follow, including utilizing local firms as subcontractors to the maximum extent possible. Mr. Shackelford explained why local contractors had not bid on this debris management contract. He said if the Council approved the proposal, D&J Enterprises would come to Corpus Christi in mid- July with a management team to begin making pre -arrangements for subcontract work. Dr. McNichols also asked about the possibility of millions of dollars of unplanned debt associated with a large disaster or hurricane. Mr. Hennings replied that that is precisely why the rating agencies consider the 68 cent tax rate cap a problem because in the worst case scenario, the city would have to issue new debt and raise the property tax rate to support it. He added that the city does have reserves which would be drawn from in the case of an emergency and the city probably could issue some debt if it was necessary. Minutes Regular Council Meeting June 23, 1998 Page 16 In response to Council Member Garcia, Mr. Shackelford explained the role of Shiner, Moseley & Associates in preparing the bid documents. He and Mr. Hennings further described the way the contract with D&J Enterprises would be activated as well as the financial guarantee to ensure that they will perform. Mr. Hennings pointed out that in the event of a major hurricane, the city has to continue its regular operations while coping with the immense task of cleaning up after the storm. Council Member Martin said another reason for preparing a contract such as this is to lock in subcontractors at a set rate prior to a hurricane. A discussion ensued about various aspects of the contract. Assistant City Secretary Juarez polled the Council for their votes as follows: 18. M98-227 Motion authorizing City Manager or his designee to execute a contract to be activated only in the event of a hurricane or other disaster with D&J Enterprises Inc. of Auburn, Alabama, for Debris Management: Clearing, Removal and Disposal for Post-Hurricane/Disaster Recovery Operations. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, Memorial Coliseum roof color. He called for comments from the audience, and there were none. Council Member Garcia made a motion to select teal as the roof color, seconded by Council Member Colmenero. Assistant City Secretary Juarez polled the Council for their votes as follows: 19. M98-228 Motion selecting teal as the color of the roof coating for Memorial Coliseum. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * ************ Mayor Neal called for a short recess. * ************ Minutes Regular Council Meeting June 23, 1998 Page 17 Mayor Neal opened discussion on Item 14, engineering services for Wesley Seale Dam spillway stabilization project. City Manager Hennings pointed out that staff had sent to the Council the quarterly progress report on the Wesley Seale Dam, which includes a history of the project. He said the recommendation at this meeting was not to increase the cost of the project by $400,000, but rather to spend an additional $400,000 on engineering work now so that less money will have to be spent later on construction work. Mr. Shackelford said this proposal involves additional field investigations to permit the analysis and evaluation of potential cost savings that had been identified during the design process. He said when staff met with representatives of Freese & Nichols to negotiate the contract, they decided not to include any contingency funds for design because at that time they could not quantify the specifics of what the contingencies might be. The consultants advised staff that their experience was that things did come up during the design process. Mr. Shackelford further explained the proposed additional field investigations: the anchor test program (at a cost of $150,000) will quantify the amount of restraining force which anchors can develop that will directly impact the numbers of anchors to be installed and their associated costs; relief well tests ($70,000) - due to the continuing drought, the field information gathered to date still has not provided the data required to determine the uplift under the spillway due to rising river tail waters, and these tests are essential to the design effort. He said the roller -compacted concrete test ($70,000) will offer the potential for possible cost savings for adding weight to the clam instead of using reinforced concrete. It is a contingency item that will be authorized only if the cost savings can be developed. And the north spillway transition beam investigation ($100,000) is a technical investigation that needs to be performed if the structural analysis continues to point toward an adverse structural condition. It is also a contingency item to be activated only if required. Council Member Betty Jean Longoria asked about the data reduction and plotting for $10,000, and Mr. Shackelford said that item involves staff providing the data to Freese & Nichols, which inputs it into a computer program. He said city staff and the two independent consultants recommend proceeding immediately with the anchor test program, the relief well test program, and the data reduction and plotting. He reiterated that the last two tests are contingency tasks. Dr. Ron Waters of Freese & Nichols Inc. said the instrumentation measurements made over the last six months confirm the consultants' original diagnosis that the uplift pressures are indeed highest in the south end of the south spillway of the dam, which he explained. Dr. Waters then used diagrams of the dam to describe in detail the additional field investigations being recommended. He pointed out that most of the $400,000 will go to the contractors who will conduct the actual field investigations. He also showed a video of a hydraulic model study that was prepared by Utah State University of the north and south spillways of the dam. Minutes Regular Council Meeting June 23, 1998 Page 18 Council Member Cooper asked why the additional $400,000 in studies was needed. Dr. Waters said as with any study, not all of the information is known at the beginning; consequently, more information is needed. He reiterated that the independent consultants had reviewed the proposals and supported them. He added that they believe the additional field investigations will save money in the long run, which he explained. Council Member Garcia expressed concern about whether the consultants could guarantee that the additional tests will reduce construction costs later. Dr. Waters said that with regard to the anchor test program, it will give contractors additional information on which to base their construction bids for the repairs. He said using roller -compacted concrete instead of plain reinforced concrete could result in a savings of $2 million to $3 million for the total project. Dr. Waters said the north spillway transition beam investigation will determine if the transition beam and the sheet pile are cracked, which has an impact not only on cost but primarily on safety. Following additional discussion, Mr. Hennings said the key is that the whole project is estimated to cost $26 million and they are not changing that estimate; however, they believe it can be reduced before the project goes out for bids if the additional field tests are conducted. Dr. Waters further explained technical aspects of the investigations in response to other Council members' questions. Council Member Martin said he thought the first three items being recommended should be approved, and the Council could authorize the last two items and ask the consultants to come back to the Council before they implement them. Assistant City Secretary Juarez polled the Council for their votes as follows: 14. M98-223 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract with Freese & Nichols, Inc. in the amount of $400,000 for engineering services for the Wesley Seale Dam Spillway Stabilization Project. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia voting "No"; McNichols absent. * * * * * * * * * * * * * Mayor Neal resumed the discussion on the proposed FY 98-99 operating budget. Following some comments by Council members on the schedule of budget presentations, City Manager Hennings said the discussion of the Combined Utility Fund will be lengthy, and he suggested they discuss that at the next Council meeting, as well as complete the necessary review of other funds in anticipation of the public hearing on the budget scheduled for July 14`h. Minutes Regular Council Meeting June 23, 1998 Page 19 Mr. Pat Alba, Director of Risk Management, explained that the Risk Management Department operates two of the city's internal service funds --the Self Insurance Fund (No. 137) and the Employee Benefits Fund (No. 138). The Risk Management Department operates administratively out of the city's General Fund (No. 102). He used visual aids to illustrate his presentation, and he noted that the FY 98-99 proposed budget for the Safety and Risk Management Department is $642,942; for the Self Insurance Fund it is $9,580,828; and for the Employee Benefits Fund it is $11,970,912, all of which he described. Mr. Alba also referred to a chart of health insurance premiums and costs over the last few years. In response to Council members' questions, Mr. Alba said the city is self-insured and the safety program is managed internally; in addition, they track the number of lost -time injuries, incurred liability and paid liability, but not recordable injuries, which he further explained. He added that the city has an aggressive return -to -work program for injured employees. ************* Mayor Neal called for the City Manager's report. Mr. Hennings said Aspen Mountain Air announced that day that they will be terminating service to Corpus Christi on June 27, 1998. He said at next week's Council meeting there will be discussion on the remaining portions of the budget, as well as recommendations for significant wastewater capital improvement projects. Mr. Hennings said that on June 246 he will be traveling to Austin to attend a hearing before the Public Utility Commission on changing the area code in Corpus Christi from 512. He also referred to a report about the planned efforts by fire and police personnel leading up to the Fourth of July holiday about the use of fireworks. Ms. Laurie Cook, Chairperson -Elect of the Greater Corpus Christi Business Alliance, discussed the Legislative Weekend scheduled for July 10-12, 1998, and she distributed draft copies of the local legislative positions to be presented during that weekend. In response to Council Member John Longoria, Mr. Hennings said city staff concurred with the legislative positions except the statement regarding the road and bridge tax (which states, "We support legislation that clarifies eligible uses of county -collected road and bridge tax.") Ms. Cook said that issue had been added that morning after some discussion at the Alliance meeting. She said the item listed before "Road and Bridge Tax" was "Revenue for Municipal Road Maintenance," which states that a shortfall in funding for street maintenance is the number one problem facing the City Council as they discuss next year's city budget. Council Member Gonzales pointed out that the city is one of the sponsors of the Legislative Weekend and they had the right to promote issues important to the city. A discussion ensued, and Mr. Utter explained that city staff presents an overall legislative program to the Council for their adoption which provides guidance to staff and to the local legislative delegation. Minutes Regular Council Meeting June 23, 1998 Page 20 Council Member Garcia commented on the legislative policy position on windstorm insurance and building codes, and Ms. Cook and Mayor Neal agreed that that issue was very important; she added that it was planned to be discussed during the Legislative Weekend. Mr. Hennings also referred to the statement in the legislative policy package regarding preservation of the old Nueces County Courthouse. He pointed out that a study would be conducted on the feasibility of renovating that structure. Mayor Neal called for Council concerns and reports. Dr. Gonzales requested clarification on why the Metropolitan Planning Organization (MPO) is spending money on county roads. Mr. Hennings said the structure of the MPO Policy Committee was changed to work against the city, which only has one vote. In addition to the Mayor of Corpus Christi, the MPO Policy Committee consists of the following representatives: the county judges of Nueces and San Patricio counties, Port of Corpus Christi Authority, Regional Transportation Authority, City of Portland, and Texas Department of Transportation. Mr. Hennings said Nueces County and the City of Portland have been able to get monies spent on projects outside of Corpus Christi to a greater extent. The City Manager added that he attended a meeting in Austin yesterday and learned that in non -attainment areas under the Clean Air Act, the MPO has a major part in approving road projects. For that reason and due to past funding allocations, he felt the Council should review the MPO's structure to see if the city can regain control of the MPO. A brief discussion ensued. Mr. Martin asked if Aspen Mountain Air owed the city money, and Mr. Hennings said they did, but not much. Mr. Martin also referred to the Corpus Christi Bay National Estuary Program, saying he felt the city needed to take a strong position on the issue of a unanimous vote. Mr. Hennings said that organization is requesting $75,000 from the city next year, and he wondered whether their representatives should come to the budget public hearing to discuss the issue with the City Council; Mr. Martin agreed. Mr. Martin also said he had received a fax from United Water Services regarding meetings that some Council members were being asked to attend, and he noted that city staff had not yet made a presentation on the issue of privatization of the water or wastewater plants. Mr. Colmenero requested an update on an agreement between the Corpus Christi Sharks and CCISD. He also asked for information on the procedures used by city inspectors, noting that he had been receiving complaints regarding various types of city inspections. Mr. Colmenero commented on planning for the year 2000 celebration. Mayor Neal said his assistant Mrs. Haag had begun preliminary plans for a four-day Fourth of July millennium celebration. Minutes Regular Council Meeting June 23, 1998 Page 21 Mr. Longoria asked if the courthouse restoration initiative pertained to courthouses currently being used or abandoned ones. Mr. Utter said it is intended for courthouses that have some type of historical designation, which he briefly explained. Mr. Longoria also asked when the volleyball courts at Cole Park would be completed. Mrs. Longoria also asked about the MPO, and Mr. Hennings said he thought the contract expires in September. Mr. Garcia said he was very concerned about the windstorm policy, and he asked about the possibility of requesting an amendment to the city's landfill permit regarding operating hours; Mr. Hennings said staff will provide a report on that issue as well as continuing updates on the seawall study. Mr. Garcia questioned how the recent changes in the utility bills were explained to customers. Mayor Neal said he thought there should be an item on next week's agenda about the Corpus Christi Bay National Estuary Program. Mr. Hennings said he would send the estuary program representatives a letter stating that the city wants the unanimous vote provision in the agreement. Mr. Martin made a motion to direct staff to take that action, to be supported by an agenda item next week; the motion was seconded by Mr. Garcia and it passed. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 8:47 p.m. on June 23, 1998. * * * * * * * * * * * * *