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HomeMy WebLinkAboutMinutes City Council - 11/10/1998I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of November 10, 1998, which were approved by the City Council on November 17, 1998. WITNESSETH MY HAND AND SEAL, this 17th day of November, 1998. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 10, 1998 2:09 p.m. PRESENT Mayor Samuel L. Neal Jr. Council Members: Javier D. Colmenero* Alex L. Garcia Jr. Dr. Arnold Gonzales Betty Jean Longoria Edward A. Martin Dr. David McNichols ABSENT Mayor Pro Tem John Longoria Melody Cooper City Staff: City Manager David R. Garcia 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 Rev. J. Allen Lowe, South Shore Christian Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Gonzales. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 27, 1998. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Greater Corpus Christi Business Alliance Gonzalo Sandoval (Reappointed) Debbie Lindsey -Opel (Reappointed) Shirley Mims Anna Mercado Bill Morgan * * * * * * * * * * * * * Minutes Regular Council Meeting November 10, 1998 Page 2 Mayor Neal referred to the presentations on the day's agenda. The first presentation was made in recognition of First Assistant Fire Chief E.E. "Buster" Irwin's 50 years of service. Chief Irwin was joined at the front of the Council Chambers by several firefighters who were present, as well as his daughter, son-in-law and grandson. Fire Chief J.J. Adame said it has been a privilege working with Chief Irwin, whom he called his mentor and friend. Mayor Neal then presented Chief Irwin with a certificate of commendation for his outstanding service and accomplishments. Chief Irwin replied that he has enjoyed working for the city. Mayor Neal deviated from the regular agenda and opened discussion on Item 15, firefighter and EMS agreement. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15.a. ORDINANCE NO. 023478 Ordinance appropriating $1,087,434 from the Unreserved Fund Balance in the No. 102 General Fund, $935,885 for firefighter salaries and benefits; transferring $151,549 from the No. 102 General Fund and appropriating it in the No. 119 Ambulance Fund for ambulance salaries and benefits; amending the FY 98-99 Budget, adopted by Ordinance No. 023387, to increase appropriations by $1,087,434 in the No. 102 General Fund and by $151,549 in the No. 119 Ambulance Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero, Cooper and J. Longoria absent. 15.b. M98-380 Motion authorizing the City Manager to execute on behalf of the City a collective bargaining agreement with the Corpus Christi Firefighters Association from August 1, 1997 through July 31, 2000, as negotiated by City representatives and ratified by the Association's membership. The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero, Cooper and J. Longoria absent. * * * * * * * * * * * * * The second presentation was in recognition of the Fall 1998 Career Development Class for being nominated for the 1998 Star Volunteer Award. Mr. Ronnie Sepulveda noted that he serves on the Career Development Steering Committee along with Deborah Balli, Esta Hardy, and Maureen Minutes Regular Council Meeting November 10, 1998 Page 3 Mahoney. He explained that the City Manager's Career Development Program was established several years ago as a way for city employees to enhance their knowledge of city operations and to develop leadership skills through in-depth training. He said one aspect of the program is participation in a major project. This year the Steering Committee developed a volunteer program for the class members, and one of their projects involved building a playground for the Child Advocacy Center. Mayor Neal said the efforts of the Career Development Class are an example of the time and talent that city employees give back to the city. He thanked them and the City Manager for their participation in the program. *Council Member Colmenero arrived at 2:22 p.m. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Leo Clark said he is Bishop of Spirit of the Lord Ministries Inc. and his wife, June, is one of the co-owners. Mrs. Clark said their ministry has been in operation for seven years at 513 Sam Rankin and during that time the non-profit emergency shelter has helped hundreds of people. She said they are seeking $50,000 in funding from the city for FY 98-99 to continue their ministry. Council Member Betty Jean Longoria asked city staff to provide information to the Clarks about the Community Development Block Grant program, and City Manager Garcia said they would. Ms. DeeLynn Torres, President of Coastal Bend Youth Soccer Association, announced the organization's 18th annual Thanksgiving tournament, which is co-sponsored by the city's Park and Recreation Department. She said over 200 youth teams (most of which will be coming from other cities) will be attending the tournament. Ms. Torres introduced Mr. Kenny Cooper, a representative of Metrocall, the soccer association's newest corporate sponsor, and they presented t -shirts and gifts to the Council to promote the tournament. Mr. Phil Rosenstein read the statement on the Council agenda regarding rules of decorum in the Council Chambers and he said he takes exception to the word "accuse" in the statement. He asserted that he has the right to say it was unethical for a Council member to vote to appoint to the Port Commission one of the owners of the company for which the Council member works. Mr. Rosenstein said his comments could be called an accusation. He also referred to an article in the local newspaper about restoring trust in order to build a better city. Mr. Leon Perez, 904 Buford, said the high weeds in the vacant lots around his house have been cut but the grass was not removed; consequently, he said it will clog the storm drains. He asked about the work of the waste compliance officer. Minutes Regular Council Meeting November 10, 1998 Page 4 Mr. Neal Trolinger, 221 Riverdale, read from a portion of a journal transcript written by Richard W. Phillipson, a city employee, dated July 12, 1994 to July 22, 1994. The transcript refers to a phone call that Mr. Phillipson said Mr. Dennis Trevino (a former city employee) had received from Mr. Armando Chapa, City Secretary, and a visit from Mr. Cefe Valenzuela regarding political campaign fundraising for Council Member Edward Martin in his race for County Judge. Mr. Trolinger said another city employee had mailed the transcript to the Corpus Christi Taxpayers Association and a television station. He asked for reassurance that type of activity does not go on. Mr. J.E. O'Brien, 4130 Pompano, asked about the status of the 50 -cent fee for 911 service. He also questioned the retroactive pay portion of the firefighters contract that was approved earlier by the Council. He said that Article III, Section 53, of the Texas Constitution prohibits retroactive pay raises. City Manager Garcia replied that he has spoken with Attorney General Dan Morales about the pending opinion on the 911 fee. The Attorney General assured Mr. Garcia that he is actively working on that opinion and that it will be forthcoming prior to the end of the year. Referring to the firefighters contract, Mr. Garcia said the previous contract expired in 1997 and the newly approved contract is for 1997 through 2000. He explained that the firefighters were paid for the time they operated without a contract for what would have been the amount of their raise. He said it is his understanding that the city has every legal right to take that action, which has been taken in the past. Mayor Neal said that same issue has been raised to him a few times and he asked the city's Legal Department to provide a report about their understanding of the clause as it applies to cities. * * * * * * * * * * * * * Mayor Neal opened discussion on Item I., public information session. He read a statement in which he said that the purpose of this item is to enable the City Council to receive factual information regarding concerns expressed by Mr. Jose Marroquin and others that the summer electric rates of Central Power and Light Company are excessive. He said the item is on the agenda to allow the Council and the citizens the opportunity to hear the discussion and he emphasized that it was not a public rate hearing. The Mayor then specified the format that would be followed: CPL's presentation would be limited to a maximum of 30 minutes; Mr. Marroquin's comments to the Council and those of others supporting his position would also be limited to a maximum of 30 minutes; and comments by Mr. Geoffrey Gay would be limited to a maximum of 15 minutes. Mr. Gay is the utility law attorney for Corpus Christi and the other cities in the CPL service area. Mr. Gonzalo Sandoval, General Manager and President of CPL, said the very hot summer, coupled with the drought, caused electricity usage to soar to all-time highs; consequently, many customers did see large increases in their electric bills. He explained that overall, CPL's rates are Minutes Regular Council Meeting November 10, 1998 Page 5 lower this year than last year, but since usage was much higher the bills were higher. Mr. Ken Griffin, Area Business Manager for CPL in Corpus Christi, used visual aids to illustrate that two factors have contributed to the public perception that CPL's rates have increased this summer. The first factor is the change in CPL's on -peak and off-peak periods: previously, the on -peak season lasted from April through November; for current rates, the on -peak season lasts from July through October. Mr. Griffin also showed a graph comparing previous rates with current rates and a graph comparing average residential consumption (per kilowatt hour) for 1997 and 1998. He said that in July 1998 CPL customers averaged 1,640 kilowatt hours, the highest average consumption in CPL's history, which represented an 18% increase in consumption compared to July 1997. He said that increase is attributable to the hot weather in July this year. Mr. Griffin also explained the factors that contributed to customers' bills increasing from June 1998 to July 1998. He pointed out that June is an off-peak month and customers' bills averaged $98 for that month. However, the on -peak season began in July, which also happened to have the highest consumption this year, resulting in an average bill of $138, or a 40% increase in one month, causing great concern to customers. Mr. Griffin also showed a comparison of residential customers' electric rates in seven major cities in Texas, with Corpus Christi ranking the third lowest. Mr. Richard Byrne, CPL Manager of Rates, addressed four issues: the basic rate design and how it impacted residential bills; specific questions from Mr. Marroquin and his billing; billing accuracy concerns; and the interruptible rate. Mr. Byrne explained that the electric system has to support the one hour of highest consumption, and all of the system's investment has to be in place even though it is not used except for that one hour. In addition, the rates have to support that investment. He said if the system cannot support customers' consumption, blackouts occur. Mr. Byrne said on -peak and off-peak pricing tariffs have been used by many industries, including hotels, airlines, and telephone companies. He said that pricing system has been encouraged by state regulators because it is a good mechanism to send the right price signal to promote conservation. He also compared the new rates to the previous rates, including the basic service charge, the off-peak rate in cents per kilowatt hour, and the on -peak rate in cents per kilowatt hour. He noted that the off-peak season has doubled from four months to eight months. In addition, the new tariff breaks the on -peak period into two price segments: first 900 kwh and 901 kwh and up. Mr. Byrne reiterated that CPL's rates have decreased, and he referred to a chart showing year-to-date bill comparison based on 1998 average kilowatt per hour usage. He also compared Mr. Marroquin's calculation of his bill versus CPL's calculation. He said the only difference is that Mr. Marroquin has not included the municipal gross receipts cost and the rate case expense fee in his calculation. Mr. Byme also briefly discussed interruptible rates, noting that those customers assume the full risk of knowing that at any time CPL can withhold power from them. Minutes Regular Council Meeting November 10, 1998 Page 6 Mayor Neal asked if the average cost per kilowatt hour on residential bills includes the municipal gross receipts cost and the rate case expense, and Mr. Sandoval said it does. Mr. Jose Marroquin, 2433 Allencrest, distributed information about his electric bills. He said the fuel factor in 1997 was $0.015925 and the fuel factor in 1998 is $0.019209, despite what he said has been the lowest price for fuel in the last six years. Mr. Marroquin said he calculated July's bill using June's rates as a comparison, which resulted in a difference of $131.62. In addition, he said he was concerned that the discrepancies are not the same on all the bills and he said it is not disclosed that there is a tax involved. Mr. Marroquin reviewed the amounts of three bills he received: June 1998 - 3,502 kwh - $209.18 total bill; July 1998 - 4,510 kwh - $380.73; August 1998 - 3,105 kwh - $260.95. He said he was overcharged a total of $346.64 over four months. He added that his house is less than 1,500 square feet and he cannot understand why so much energy is being used. He said that CPL customers have been charged too much for too long, adding that there are many discrepancies and inconsistencies. He said it is not fair for CPL to charge more for electricity during the most critical time of use in order for CPL to teach its customers conservation. Mr. Marroquin said the difference in on -peak and off-peak rates should be examined by the Public Utility Commission and the City of Corpus Christi can begin the process by conducting a rate case. Mr. Glynn Pugh, 725 Harrison, said he is an attorney representing Mr. Marroquin. Referring to information provided by CPL representatives during their presentation, Mr. Pugh said the 1997 rates were temporary rates that were elevated by 8.5% during a rate proceeding at the request of CPL. He said those temporary rates were set aside and customers received a refund as a result of overcharges during the rate hearing. Mr. Pugh also said that CPL's electric generation system does not match the most economic method of producing electricity, and he noted that CPL's interruptible rate is 1.05 cents per kilowatt hour. Mr. Pugh said that Mr. Marroquin is only asking for rate relief for the citizens and he explained the process of original jurisdiction with regard to rate cases, using the example of a previous rate case in which he and another citizen were involved. Mr. Pugh reviewed some of the changes which resulted from that rate case and he noted that CPL has filed an appeal in Austin district court in which the company is contesting the 2.5% rate reduction ordered by the PUC. He also argued that CPL's rate cases are too expensive and he noted that he did not bill for his services in the rate case he initiated four years ago. Mr Pugh said Mr. Marroquin asserts several complaints, including that CPL's base on -peak rate is high, which Mr. Marroquin said generated about $160 million of extra revenue for CPL. He added that interest rate reductions are a signficant factor in setting electric rates. He said if the Council is silent on this issue and the city refuses to hold a rate case, CPL's high on -peak rates will again be charged next summer. Minutes Regular Council Meeting November 10, 1998 Page 7 Mr. Geoffrey Gay explained that Docket 14965 was the last CPL rate case, which led to a reduction in CPL's rates. He said the case is now on appeal in district court, as Mr. Pugh indicated. Mr. Gay said the primary element from an appellate standpoint relates to the PUC's approach in that proceeding to not only reduce CPL's rates based upon the historic record as required by the statute, but to say that rates should also be reduced prospectively. He said there is a $13 million rate reduction this year and another $13 million rate reduction scheduled next year. Mr. Gay said CPL is quite concerned about that and there is some question whether those reductions are supportable by Texas law. Mr. Gay said his view is that in the current environment, the PUC does not want to entertain rate cases. He said there is an agenda that the commissioners are pursuing that is dedicated toward moving the Texas regulatory environment to a deregulated environment. He also discussed the status of two cases involving interruptible rates (Docket 16695 and Docket 19502) through an integrated resource planning proceeding. Mr. Gay said the PUC has also declared that for CPL there are going to be capacity shortages in 1999, 2000 and beyond. He said the cities and CPL do not agree with the commission's declaration of capacity shortages. Mr. Gay also discussed other litigation issues as well as the pending merger between Central and South West (CPL's parent company) and American Electric Power Company. He said the cities have intervened in that case on the ratepayers' behalf to ensure that ratepayers get some fair share of the savings that CSW has declared will result from that merger. Mr. Gay said this past week the cities, the Office of Public Utility Council, American Electric Power and CSW reached a non - unanimous stipulation which will be filed in that proceeding; it is scheduled to go to trial the first week of December. Mr. Gay said the settlement has two major provisions: it will flow back $30 million a year to Texas ratepayers ($19 million of that to CPL customers) directly through rate reductions; and it includes CPL's promise to drop their appeal in district court of the opposition to the glide -path reduction. Mr. Gay reiterated that he does not believe there is much likelihood that the PUC will entertain a rate proceeding against CPL or another company since they are preparing for the next legislative session in January, where the commission will be lobbying hard to get a deregulated environment put into place. He also said he did not think it was likely that the PUC would grant more than $30 million in base rate relief to CPL if there was a rate case to proceed. However, Mr. Gay said, there is signficant uncertainty regarding many of these cases. Mr. Gay said in the near future he will be requesting that the Council pass a resolution approving the merger agreement that he has entered into on behalf of the Cities Steering Committee, which may impact their consideration on whether or not to proceed with a rate matter as requested by Mr. Pugh and his clients. Mr. Gay said that over the last 11/4 years he has informed CPL repeatedly that if they were to win their issue of the glide -path, he would immediately urge the cities in South Texas to initiate rate cases at the local level to reduce CPL's rates. Minutes Regular Council Meeting November 10, 1998 Page 8 Responding to Council Member Gonzales, Mr. Gay said he would advise the Council to wait at least one month --maybe several months --before considering initiating a rate ease since there are several issues unresolved at this time. He said the merger proceeding is scheduled to begin in December. City Manager Garcia said city staff also recommends that the Council defer action on a rate case until they can come back with recommendations on what impact the cases will have. In response to Council members' questions, Mr. Byrne explained in more detail the difference between on -peak and off-peak rates. Mr. Gay discussed the possible cost to cities for a rate case, which he said could be a minimum of several hundred thousand dollars. He said that as long as it is a rate -related matter, under the statute the company must reimburse the cities for any expenses. However, ultimately those costs are passed on to ratepayers, barring some unusual resolution. Mr. Gay further explained how a rate case proceeds and the possible impact of the proposed merger. He said the cities' position all along was there must be direct and immediate rate reductions to ratepayers to realize the merger savings, which he described. Council Member Colmenero asked Mr. Marroquin if he would file a lawsuit if the city chose not to do anything, and Mr. Marroquin said he would. Mr. Marroquin added that the City Council is responsible to the community and he questioned why CPL would not want a rate hearing if there is nothing to hide. He said a rate case will reveal why CPL's rates went up so high. Dr. Gonzales pointed out to Mr. Marroquin that Mr. Gay represents the cities in CPL's service area, not CPL itself. In response to Mr. Colmenero, Mr. Byrne said CPL challenged some of the outcome of the rate case under Docket 14965 because, in their opinion, the commissioners exercised some authority that had not been delegated to them by the Legislature. Mayor Neal thanked all those who participated in the discussion. He then made a motion that the City Council follow the recommendation of the legal counsel and city staff and defer any action on a rate hearing for not longer than 30 days. At the end of that period, he said they would like Mr. Gay to come back to the Council with some recommendations and for city staff to be prepared to give the Council direction on this issue. Mr. Colmenero seconded the motion and it passed (Cooper and J. Longoria absent). Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-10. Council members and audience members requested that Items 3, 6, 8, and 9 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes Regular Council Meeting November 10, 1998 Page 9 4. M98-373 Motion approving a supply agreement with Bay Chemical and Supply Company, Odem, Texas for approximately 1,400 tons of liquid ammonium sulfate in accordance with Bid Invitation No. BI -0024-99 based on low bid for an estimated annual expenditure of $155,680. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 98-99 by the Water Department. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. 5. M98-374 Motion authorizing the City Manager or his designee to execute a construction contract with Applied Petroleum Technologies Ltd. in the amount of $29,718 to remove six (6) underground petroleum storage tanks at Corpus Christi International Airport. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. 7. M98-376 Motion authorizing the City Manager to execute a contract for professional legal services with Ruben Perez to assist the City in collective bargaining matters with the Corpus Christi Firefighters Association and the Corpus Christi Police Officers Association at a rate of $75 per hour, not to exceed $7,500 per month, for November and December 1998. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. 10. ORDINANCE NO. 023476 Amending Section 2-184 of the Corpus Christi City Code of Ordinances to delete rules which prohibit political advertising on the public access channel. The foregoing ordinance passed on second reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. Minutes Regular Council Meeting November 10, 1998 Page 10 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, supply agreement for pebble calcium oxide. Responding to Council Member Garcia, City Manager Garcia said that due to the change in quantity, the price for the product has changed. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, pointed out that this is a supply agreement and the supplier would be responsible for providing the product as the city needs it. He added that the city is not obligated to buy the full 1,300 tons. Council Member McNichols also questioned the use of this product, and Mr. Crull described how the introduction of Lake Texana water has changed the water supply blending requirements. City Secretary Chapa polled the Council for their votes as follows: 3. M98-372 Motion approving a supply agreement with APG Lime Corp., New Braunfels, Texas, for approximately 1,300 tons of pebble calcium oxide in accordance with Bid Invitation No. BI - 0027 -99 based on low bid for an estimated semi-annual expenditure of $114,751. The term of the supply agreement will be for six months with an option to extend for up to two additional six-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 98-99 by the Water Department. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, Greenwood Drive street project. Council Member Martin said this project is an example of how the city is often asked to participate in a street project because there are federal or state funds available, but that street may not be the highest priority. The result of the Greenwood Drive street project was that the city paid much more than was originally anticipated. He said in the future the city is going to require a full estimate of the cost before they start such projects. Mr. Crull said the city's burden with these projects is 20% of the street construction costs, all of the right-of-way acquisition costs, and all of the utility costs. He added that the Greenwood project was in the 1986 bond program. City Manager Garcia said that part of the reason the capital improvement program was delayed in coming to the Council was because staff was trying to get a more accurate picture of the overall costs of a number of projects --not just the capital costs but the full financing costs as well. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting November 10, 1998 Page 11 6. M98-375 Motion authorizing an increase in the amount of $129,012.01 to the City's Greenwood Drive Improvement Project escrow account as final payment in accordance with the City's participation agreement with Texas Department of Transportation. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, Complete Count Committee. Mr. Abel Alonzo, 1701 Thames, referred to statistics he compiled that compare the ethnic breakdown in Corpus Christi according to the 1990 census to the ethnic breakdown of the members of the Complete Count Committee. He said the 1990 census figures show the population in Corpus Christi to be 257,453 with 50.4% Hispanic; 43.8% Anglo; 8.5% individuals with disabilities; 4.5% African American; and 1.3% Native American. Mr. Alonzo said that of the 24 proposed members of the Complete Count Committee, 46% are Hispanic; 42% are Anglo; 4.2% are individuals with disabilities; and 12.5% are African American. He said the Mayor's Committee for People with Disabilities is urging the Council to appoint one more person with a disability to the committee, and he asked that that person be a Hispanic with a disability so as to represent the diversity of the population. Council Member Betty Jean Longoria, a member of the Council committee which recommended the appointments, said she spoke to Mr. Alonzo about this issue. She said she and Council Members Colmenero and Garcia put much thought into the people they recommended for the Complete Count Committee so that it would represent the community at large. She said they believe that Mr. John Owen, Director of Goodwill Industries, whom they are recommending, will represent the needs of the disabled community. Mr. Colmenero said he was a member of the 1990 Complete Count Committee and he felt that group was representative of the community just as this one will be. He added that this committee will be a working group and he invited Mr. Alonzo to provide input. Mr. Garcia said the Complete Count Committee will break into other groups that will enable other volunteers to get involved. City Secretary Chapa polled the Council for their votes as follows: 8.a. RESOLUTION NO. 023473 Resolution amending Resolution No. 023436 to increase the number of members of the Minutes Regular Council Meeting November 10, 1998 Page 12 Corpus Christi Complete Count Committee from twenty (20) to twenty-six (26) and authorizing the committee to appoint non -committee members to subcommittees. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. 8.b. M98-377 Motion appointing chairpersons and members to the Complete Count Committee. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. ************* Mayor Neal opened discussion on Item 9, FY 1998-99 capital budget. Mr. J.E. O'Brien said that during the first reading of this ordinance on October 27, 1998, there was a discussion relating to the items that had been approved in prior year funding for the outlet mall and the golf course. He said the 1999-2003 Capital Improvement Planning Guide still shows funding for those projects. Mr. O'Brien also said that the financing for water and wastewater projects in the out years will ultimately be revenue bonds; however, almost every project notes that interim financing will be done through the short-term paper program. He said the water projects alone total over $200 million, but the city has only authorized a maximum of $50 million in the short-term paper program. Mayor Neal said the city is a long way from getting ready to start any projects beyond the 1999 time frame. He reminded Mr. O'Brien that City Manager Garcia will be bringing recommendations to the Council about the capital projects in the out years that they will discuss during an upcoming workshop. The Mayor said the only thing the Council would be adopting on second reading that day was the 1998-99 capital budget. City Manager Garcia explained that the commercial paper program is interim financing and it can be issued for a maximum of three years. He said the reality is that the commercial paper is issued for a short time and then it is rolled over into longer-term revenue bonds. Consequently, the amount that the city issues at any given time will be substantially below the $50 million cap. Council Member Martin also asked about the funding for the outlet mall project. Mr. Crull said staff will bring back an amendment to the capital budget along with some recommendations on how that money can be used for other projects. Mr. Martin said he thought staff was going to make that adjustment following the Council's discussion on that issue on October 27th. Mr. Garcia said Minutes Regular Council Meeting November 10, 1998 Page 13 they should have made those changes, and Mr. Martin asked staff to bring that amendment back in the next few weeks. City Secretary Chapa polled the Council for their votes as follows: 9.a. M98-378 Motion to amend ordinance prior to second reading by substituting a new Page No. 335 in the FY 99-03 Capital Improvement Planning Guide. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. 9.b. ORDINANCE NO. 023474 Approving the FY 1998-99 Capital Budget in the amount of $99,754,100. The foregoing ordinance passed on second reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. 9.c. ORDINANCE NO. 023475 Ordinance appropriating $14,000,000 from the reserve designated for the redemption of Choke Canyon Note Payable in the No. 148 Choke Canyon Fund to provide a funding source to acquire the Garwood water rights, to be repaid from the Public Law Trust Fund; transferring $14,000,000 from the No. 148 Choke Canyon Fund and appropriating it in the No. 141 Water Fund to make the payment to acquire the Garwood water rights; amending the FY 98-99 Budget, adopted by Ordinance No. 023387, to increase appropriations by $14,000,000 in the No. 141 Water Fund; rescinding Ordinance No. 023464, which appropriated the money from the Combined Utility System Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * ** Mayor Neal opened the public hearing on the following zoning case: 11. Case No. 998-1. R.S. Black: A change of zoning from an "R -1B" One -family Dwelling District and "A-1" Apartment House District to a "T -1C" Manufactured Home Subdivision District on Horizon Estates, Lots 3, 4, 6, 7, and 16-21 and a 7.1 acre tract of land out of the Minutes Regular Council Meeting November 10, 1998 Page 14 former Enid Ward Tract in Section 8, Range VII, of the Kinney Sectionized lands and out of Parcel 1, Partition of the Weil Lands, located on the east side of Benys Road, approximately 200 feet north of Hampshire Road. City Secretary Chapa said the Planning Commission recommended denial of the "T -1C" District on Horizon Estates, Lots 3, 4, 6, 7, and 16-21, and approval of the "T -1C" District on the 7.1 acre tract of land. City staffs recommendation was approval of the "T -1C" District on the entire property. He said the proposed ordinance is as requested by the applicant, which is the same as staff's recommendation. Responding to Council Member Martin, Mr. Michael Gunning, Acting Director of Planning and Development, said the first ordinance staff brings to the Council is per the applicant's request and the alternate ordinances incorporate the Planning Commission's recommendations. Mr. Gunning explained that the total property is 8.83 acres and of that, 1.73 acres is located in a subdivision that fronts on both sides of Horizon Drive. The whole Horizon Estates subdivision is zoned an "A-1" multifamily district and Lots 3,4,6 and 7 and 16-21 of that subdivision are part of the subject property. Mr. Gunning said the applicant has since acquired Lot 5, which is not within this rezoning request. If the "T -1C" is approved in this case, the applicant will pursue rezoning Lot 5 to "T -1C" as well. He said the other portion of the property, 7.1 acres, is currently zoned "R -1B" and the Planning Commission has recommended a "T -1C" District on that acreage. In reply to Council members' questions, Mr. Gunning and Mr. Crull described the uses of the adjacent lots. Mr. Gunning said the Planning Commission's recommendation differed from staff's because the commissioners felt the manufactured home use was inconsistent with the four- plex apartments that are located on the east end. The commissioners also felt that subdivision was designed for multifamily use and it should be allowed to develop with that pattern. Council Members Martin and Betty Jean Longoria said they agreed with staff's recommendation on this zoning case. No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Mrs. Longoria, and passed (Cooper and J. Longoria absent). Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 023477 Amending the Zoning Ordinance upon application by R.S. Black, by changing the zoning map in reference to Lots 3, 4, 6, 7, and 16 through 21, Horizon Estates, and a 7.1 -acre tract of land out of the former Enid Ward Tract in Section 8, Range VII, of the Kinney Sectionized Lands and out of Parcel 1, Partition of the Weil Lands, from "R -1B" One -Family Dwelling District and "A-1" Apartment House District to "T -1C" Manufactured Home Subdivision District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Minutes Regular Council Meeting November 10, 1998 Page 15 An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 12, and City Secretary Chapa announced that Case No. 998-3, Victor Medina, Jr., had been withdrawn by the applicant. WITHDRAWN Dwelling District to "R 2" Multiple D,vcll:..g Di.,t.ict, amending tin, Ce...)m-1 ....siv.-Plan to account -fen any dcviattsl.s fret.. the existing Comprehensive Plat.. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 13. Case No. 998-5. Rick's tailing• A change of zoning from a "B-4" General Business District to an "I-2" Light Industrial District on Lexington Subdivision, Block 2, Lots 2 and 3-A, located on the east side of Ayers Street, approximately 100 feet south of Johanna Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" General Business District, and in lieu thereof, approval of a special permit for an auto body and paint shop, subject to a site plan and two (2) conditions. 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 (Cooper, Gonzales and J. Longoria absent). Responding to Council Member Garcia, Mr. Gunning said that under the ordinance, the owner should not be parking any vehicles that are under repair in front of the building. He said that additional parking will be created in the rear of the building where the owner is proposing the expansion. Mr. Crull said the use is for a auto body and paint shop, which is the purpose of the rezoning. Mr. Gunning adding that the parking of vehicles to be repaired is a code enforcement issue that will need to be monitored. Council Member Martin asked if a condition could be added to the proposed special permit concerning compliance with the parking regulations Mr. Jay Reining, Assistant City Attorney, said Minutes Regular Council Meeting November 10, 1998 Page 16 one of the conditions would state that the special permit shall be deemed to have expired within one year of the date of the ordinance unless the property is being used as outlined in condition 1 and in compliance with all other conditions. Consequently, he said, if the business owner is parking cars illegally at the shop, they would not be complying with the conditions. Mr. Martin said he is not aware of a special permit ever being pulled. A brief discussion ensued about the conditions of the special permit and related parking concerns. Mr. Martin asked if there was a time limit associated with this zoning case so staff can further review it. Mr. Craig Baldree, representing the owner, said they have been waiting for the special permit and the pre -manufactured metal building is ready to be shipped. He said they can delay the case but they would like to proceed if possible. Mr. Martin made a motion to table Item 13 for one week, seconded by Mr. Garcia, and passed (Cooper, Gonzales and J. Longoria absent). 13. TABLED th., Zerm,g Ordinm ee apes, applieatiei, by Rick's Dctail:..g -b grunti, g -a Spc.,ial * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, architectural services for Discovery Hall. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. M98-379 Motion authorizing the City Manager or his designee to execute a contract for architectural and engineering services with Bright & Dykemas, Inc. for a total fee not to exceed $69,000 for the Discovery Hall, Museum of Science and History project. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper, Gonzales, and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, health inspections of day care centers. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting November 10, 1998 Page 17 16.a. M98-381 Motion to amend ordinance, prior to second reading, to clarify exemption of foster homes from the $35 annual inspection fee. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper, Gonzales, and J. Longoria absent. 16.b. ORDINANCE NO. 023479 Amending Chapter 23 of the Corpus Christi Code of Ordinances to establish a fee of $35 for annual health inspections of day care centers and group day care homes as required by the Texas Department of Protective and Regulatory Services for annual licensing; effective January 1, 1999. The foregoing ordinance passed on second reading by the following vote: Colmenero, Garcia, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper, Gonzales, and J. Longoria absent. * * * * * * * * * * * ** Mayor Neal opened discussion on Item 17, alternate power supplies for the Stevens Treatment Plant and the Holly Road Pumping Plant. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. M98-382 Motion authorizing the City Manager or his designee to execute a contract for engineering services with Onyx Engineering, Inc. for a total fee not to exceed $534,000 for the O.N. Stevens Water Treatment Plant and Holly Road Pumping Plant: Alternate Power Supplies. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper, Gonzales, and J. Longoria absent. Council Member McNichols asked when the alternative power supplies will be on line. Mr. Crull replied that there is a six-month design time and delivery of the equipment will then become a factor, depending on the alternate power source selected. He said it will be at least one year. * * * * * * * * * * * * * Mayor Neal welcomed Prof. Burton Smith and members of the class from Incarnate Word Minutes Regular Council Meeting November 10, 1998 Page 18 University's satellite campus at Del Mar College who were in attendance at the Council meeting. The Mayor then called for the City Manager's report. Mr. Crull said City Manager Garcia had to leave. Mr. Crull reported that Solid Waste Services will be holding its quarterly household hazardous waste collection day on Saturday, November 14, 1998 at the Elliott Landfill. On the following Saturday there will be a residential clean up/free disposal day at the landfill. Mr. Crull said that at next week's Council meeting there will be a presentation as part of the Liveable Cities initiative that is being undertaken by the Regional Transportation Authority, which involves the creation of an automobile -free zone on the Alameda Street bridge over IH -37. Mayor Neal said that Council Member Melody Cooper has indicated that she will no longer be serving on the Community Justice Council; consequently, the co -chairperson of that council has asked that another City Council member be named to replace Mrs. Cooper. Council Member Colmenero said he would be willing to serve on the Community Justice Council. The Mayor also requested updates prior to the end of the year on plans for the northside area and on the city's program for year 2000 computer compliance. Mayor Neal asked about the finalists for the airport project. Mr. Crull replied that five engineering firms have been selected to be interviewed by a staff committee, which will then make a recommendation to the City Manager to negotiate with one of those firms. The City Council will make the final decision on the firm selected. Mr. Tom Utter, Assistant City Manager for Development Services, briefly discussed the regional empowerment zone application that was submitted to the U.S. Department of Housing and Urban Development. Mr. Utter said a local delegation is planning to travel to Washington, D.C., November 18-20 to meet with H.U.D. officials and representatives of the Vice President's Office to discuss the application. He asked Council members who are interested in going to contact him. Mayor Neal called for Council concerns and reports. Council Member Garcia asked staff to survey Prescott Drive between Trojan Drive and Gollihar Road regarding traffic congestion. Mr. Garcia said he thought a joint meeting should be held with the City Council, CCISD School Board, and Nueces County Commissioners Court to discuss the future of Corpus Christi. Mr. Garcia also suggested that the Council be allowed to provide input on the plans for the northside area. Council Member Betty Jean Longoria commented on traffic congestion on IH -37, and she said that the idea of developing a highway that loops around the city needs to be discussed for future planning. Mr. Crull referred to two separate plans that had been discussed in the past: one involved connecting Naval Station Ingleside through Chapman Ranch to Rodd Field Road; the other plan involves an extension of Saratoga Boulevard along the south side of the airport to connect to Clarkwood Road and Rand Morgan Road, which he briefly explained. Minutes Regular Council Meeting November 10, 1998 Page 19 Council Member Colmenero said he agreed that a joint meeting should be held with the County Commissioners as well as representatives of the other school districts within the city. He also suggested that a joint meeting be held between the City Council and the Crime Control and Prevention District Board specifically to discuss the merits of an additional juvenile detention center. Council Member Garcia asked if there was Council concurrence for City Secretary Chapa to begin planning a joint meeting between the City Council and the County Commissioners Court; the Council concurred. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 5:50 p.m. on November 10, 1998. * * * * * * * * * * * * *