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HomeMy WebLinkAboutMinutes City Council - 01/12/1999I 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 January 12, 1999, which were approved by the City Council on January 19, 1999. WITNESSETH MY HAND AND SEAL, this 19th day of January, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 12, 1999 2:06 p.m. PRESENT Mayor Samuel L. Neal Jr. Council Members: Javier D. Colmenero Melody Cooper Alex L. Garcia Jr. Dr. Arnold Gonzales Betty Jean Longoria Edward A. Martin Dr. David McNichols ABSENT Mayor Pro Tem John Longoria City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Mateo Rendon, Primera Iglesia Bautista, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria. 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 December 15, 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 - Electrical Advisory Board Willie Flemming (Reappointed) J.L. Canales (Reappointed) Joe Hernandez (Reappointed) John Bartram Miguel Carranco Robert Shake Senior Companion Program Adv. Committee Marie Partington (Reappointed) Patricia Shufelt (Reappointed) Gilbert Salinas (Reappointed) Esperanza Franklin Julia Whitehurst Sandy Cantu Minutes Regular Council Meeting January 12, 1999 Page 2 C C Regional Transportation Authority Stanley Terry Sr. Transportation Advisory Committee Sandra Stinson Stout * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was made in recognition of two retiring city employees: Larry Gutierrez, who had 44 years of service; and Cecil Davenport, who had 32 years of service. The next presentation was the quarterly update by the Greater Corpus Christi Business Alliance. Ms. Laurie Cook, Chairperson of the Alliance Board, said one of the Alliance's efforts this year will be to prepare an overall economic strategy. She said Alliance representatives will be coming back to the Council periodically to solicit their input on that strategy. Ms. Cook also highlighted some upcoming events, including Texas Good Roads' 1999 Fair Funding Road Show; the Alliance's annual banquet on February 4th, with Ms. Cokie Roberts of ABC News as the keynote speaker; and Corpus Christi Day in Austin on February 24`h. Ms. Cook said that once the Alliance Board reviews the quarterly update from the Hispanic Chamber of Commerce, they will forward it to the City Council. Ms. Char Beltran, Vice President of the Alliance and Director of the Convention and Visitors Bureau, reviewed some of the results of new programs the Alliance has instituted since last August. They included the following: contracting with a local firm to develop and market an interactive destination Web site for the city; formation of a sports foundation; development and distribution of "Winter Texan Survival Kits"; development of a "lodging line" (a hotel reservations program) in partnership with the Texas National Tour Company for the Mexico market; and working with the Quintanilla family in the opening of their new club called Planet Luna, including a broadcast of the Spanish-language program "Cristina" from the club. Ms. Beltran also noted that the Alliance's new visitors center opened in mid-December and the Alliance serviced 102 meetings and conventions. The total room revenue for the third quarter of 1997 was $23.2 million and for the same quarter in 1998 it was $23.3 million. Currently there are 33 city-wide conventions booked for 1999 with a projected attendance of 87,850 conventioneers. She said the size of the city's convention center limits the number of conventions that can be held here, and the Alliance asks that the Council include on their legislative agenda a proposal to expand and update the convention center. She said they propose a 2% increase in the hotel occupancy tax in order to fund the first phase of the convention center expansion. In response to Council Member Betty Jean Longoria, Ms. Beltran said the convention center Minutes Regular Council Meeting January 12, 1999 Page 3 can currently hold about 4,000 attendees. She noted that the Port of Corpus Christi Authority is building a conference center so additional meeting rooms will be available. She said the problem is with the limited size (76,000 square feet) of the convention's exhibit space; 130,000 to 150,000 square feet of exhibit space would allow the city to be more competitive for convention bookings. Mr. Gonzalo Sandoval, Chairman -Elect of the Alliance Board, discussed business recruitment, retention and expansion. He noted that since 1995, approximately 4,000 jobs have been attracted to this area with a total investment of about $170 million. In response to BRAC '95, several entities worked together and successfully retained about 1,900 jobs, along with about 1,500 jobs through recent expansions in the area. He said the Alliance has also been active through its Small Business Development Center. Mr. Ruben Bonilla, Chairman of the Membership/Leadership/Education Directors Council, explained that the Leadership Corpus Christi Class is underway, and the Alliance kicked off its membership drive with a goal of increasing its membership to 2,000. Mr. Bonilla also discussed the "Fifth Dimension" program in local school districts, which involves the partnerships of about 85 businesses with the schools. He said the Alliance has also adopted the Texas Scholars program and he noted that the Alliance is currently working with the Del Mar Regional Technical Center. He said the Alliance is working to develop a series of informal luncheon sessions on areas of education to instill a better understanding of the city's workforce. Responding to Council Member Martin, City Manager Garcia said the city's legislative agenda included an item specifically to expand the convention center. Since the preparation of that agenda, staff has had several meetings with representatives of the hotel/motel association, which resulted in their agreement to a 2% increase in the hotel/motel occupancy tax which would be dedicated to the expansion of the convention center, along with the inclusion of a sunset provision. Mr. Garcia said the next step would be to come forward with a specific legislative program which implements the strategy. Mr. Martin said he would not support any proposal for an occupancy tax increase which includes a sunset provision, noting that once the convention center is expanded it has to be maintained years from now. Council Member Gonzales said he agreed with Mr. Martin that the sunset provision should not be included. Mayor Neal said there was a consensus of the Council to direct the City Manager to meet again with Alliance representatives and the Coastal Bend Hotel Motel Condo Association regarding eliminating the sunset provision. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jose R. Marroquin, 2433 Allencrest, used visual aids to illustrate that he pays more for Minutes Regular Council Meeting January 12, 1999 Page 4 his electric service four months out of the year during the peak season. He said through Central Power and Light Company's rate structure, residential customers subsidize large industries. He also said that CPL is not paying enough of its gross receipts to the city. Mr. John Hernandez said he agreed with Mr. Marroquin that CPL ratepayers are charged too much for electric service. Ms. Lillian Embree, 14322 Emerald, submitted a petition signed by 237 people in support of a traffic signal at the intersection of Aquarius Drive and South Padre Island Drive. She said she understood that was the Texas Department of Transportation's jurisdiction, but those citizens would appreciate any help the Council can provide. Mr. Leon Perez, 904 Buford, said he felt the proposed increases in pet license fees and burglar alarms was ridiculous. Mr. Woody Riley, 4513 Janssen, said he felt the proposed fee increase for burglar alarms was too dramatic of an increase. He said studies have shown that homes with a security system are 15% less likely to be burglarized than one without a system. Mr. Jim Hietpas, 3723 Rojo Court, said his electric bill was $133 dollars, to which he objected. He said he complained to CPL about their high rates but was told there was nothing the company can do about it. Mr. J.E. O'Brien, 4130 Pompano, asked if the Comprehensive Annual Financial Report had been completed yet. City Manager Garcia handed him a copy of it. Mr. O'Brien also requested an update on the Frost Brothers building, and he questioned the funds that were needed to "cover current expenses of approved commercial paper projects." He also questioned whether an increased hotel occupancy tax will assist economic development. Replying to Mr. O'Brien, Mr. Tom Utter, Assistant City Manager for Development Services, explained that the Corpus Christi Community Improvement Corporation bought the Frost Brothers building and has since sold it to a development company. He said the Padre Island Brewing Company took out a building permit last week to construct a $600,000 restaurant in a portion of the building. In addition, the final application for the H.U.D. loan for the apartments is proceeding. City Manager Garcia also referred to Mr. O'Brien's question about the commercial paper program, which he explained is generally used to fund short-term debt for various projects that are currently ongoing. Mr. R.F. Hasker, 1813 Wallace, referred to an editorial in the local newspaper regarding the public comment portion of the Council meetings. He said citizens stay abreast of issues in the city and he cited the example of Mr. Phil Rosenstein, who a few years ago gathered information which ultimately benefitted the city. Minutes Regular Council Meeting January 12, 1999 Page 5 Mr. Jimmie Till said he did not think that people should be penalized for owning burglar alarm systems by raising the permit fees. Council Member Betty Jean Longoria noted that Mr. Till had moved from a residence on Southern Minerals Road, where he had lived for many years, to the south side of the city. She thanked Mr. Till for his efforts in mowing the ditch in front of his former residence and for his participation during Council meetings. Ms. Cruz Colomo, 6138 Camwood, referred to the merger between Central and South West (CPL's parent company) and American Electric Power Company (which was addressed by the Council during their December 15, 1998 meeting). She suggested that that issue could have been postponed for 30 days to allow the Council to receive more information. She said the Council could have had town hall meetings in the evenings to discuss that issue. Mr. Phil Rosenstein said some senior citizens had problems with the due date on their utility bills not coinciding with the date they receive their checks. He said he spoke with Ms. Rosie Menchaca, a supervisor in the Customer Service area of the Utilities Business Office. She said that any senior citizen or disabled person over 65 can have their utilities bill due date changed to coincide with their check if they will provide proof of their birth date to city staff (by mail or in person). Mr. Rosenstein said it appears the new utilities billing system will benefit the citizens. Mayor Neal went to the podium and said that although he and Mr. Rosenstein have had their differences, he wanted to publicly thank Mr. Rosenstein for all the work he has done on behalf of senior citizens. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-13. Council members requested that Items 8, 10, 11, and 12 be withheld for discussion; Item 7 was withdrawn by staff. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M99-001 Motion approving a supply agreement with the Borden Company, Austin, Texas, in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-99-3, for 119,037 V2 -pint containers of milk consisting of homogenized milk, buttermilk, low fat milk, low fat chocolate milk and skim milk, based on the recommended award submitted by the Coastal Bend Council of Governments for an estimated six month expenditure of $19,295.35. The term of the agreement shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the supplier and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 98-99. Minutes Regular Council Meeting January 12, 1999 Page 6 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. 4. M99-002 Motion approving supply agreements with the following companies for the following amounts for coarse paper items which include 2,600 cases of towels and wipes; 267 cases of drinking cups; 1,000 cases of toilet tissue, and various other paper items in accordance with Bid Invitation No. JGPG 98-3 based on low bid and low bid meeting specifications for an estimated annual expenditure of $72,729.14. These amounts represent the City's portion of a cooperative purchasing effort by the Joint Governmental Purchasing Group. The terms of the contracts will be twelve months with an option to extend for an additional twelve- month period subject to the approval of the suppliers, the Joint Governmental Purchasing Group, and the City Manager or his designee. Funds are budgeted in FY98-99. National Sanitary Southern Paper Corpus Christi. TX Corpus Christi. TX Toilet tissue, wipes, Towels cups, rags Low bid: Item 1 Low bid meeting $20,376.00 specifications: Item 2 Low Bid: Items 3,5,6,8,9,11 $46,390.34 Gulf Coast Papers Nationwide Corpus Christi. TX San Antonio TX Butcher paper, sanitary Hot/cold cup paper products Low bid: Item 7 Low bid: Items 4 & 10 $4,566.60 51,396.20 Grand Total: $72,729.14 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. 5. M99-003 Motion approving the purchase of nine re -conditioned portable defibrillator/monitors in accordance with Bid Invitation No. BI -0055-99 from Physio -Control Corporation, Redmond, WA, for the total amount of $34,627.50, based on low bid meeting specifications. The defibrillator/monitors will be used by EMS Division and are budgeted in the 1998-99 Capital Outlay. Minutes Regular Council Meeting January 12, 1999 Page 7 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. 6. M99-004 Motion authorizing the City Manager or his designee to execute a construction contract with C.D. Electric, Corpus Christi, Texas in the amount of $188,450 for the O.N. Stevens Water Treatment plant on-going pump maintenance program. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. 7. WITHDRAWN 9. ORDINANCE NO. 023522 Ordinance ordering a General Election to be held on April 3, 1999, in the City of Corpus Christi for the election of Mayor and eight Council members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; enaction provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. 13. ORDINANCE NO. 023526 Approving the merger transactions between AT&T Corporation and Tele-Communications Inc. and consenting to the change of control of the cable television franchise. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. * * * * * * * * * * * ** Minutes Regular Council Meeting January 12, 1999 Page 8 Mayor Neal opened discussion on Item 8, McArdle Road improvements. Responding to Council Member Colmenero, City Manager Garcia said the McArdle Road project has been added to the MPO's Transportation Improvement Program, and it will involve local, state and federal funds. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said that project was approved as part of the 1986 bond program and due to a number of circumstances, it was delayed. Mr. Crull went on to explain that the McArdle Road project was not initially intended to be funded with MPO funds. He said in about 1995 staff combined different funds, which were matched with the Metropolitan Mobility money in order to extend the local dollars and complete more projects. He said the 1986 bond program also included another phase of improvements to McArdle from Weber to Carroll Lane. In reply to another question from Mr. Colmenero, City Manager Garcia explained that there is a process for funding projects which involves a regional planning effort. He said since the city's Engineering Department was behind in the design of several major road projects, there was concern on the part of the state that the city would not be able to complete several of those projects on schedule. He said he thought state officials were suggesting that the money which was budgeted this year be allocated toward another project. He said staff is in the process of redoubling their efforts and, if they cannot perform the work in-house, they will contract it out to try to meet the schedules that were included in the original planning documents. Mr. Garcia said he hoped to have a more detailed report for the Council later during that meeting. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 023521. Resolution authorizing the City Manager or his designee to execute an advance funding agreement with the Texas Department of Transportation in the estimated amount of $995,700 for preliminary engineering services and reconstruction of roadway improvements and utility relocations associated with the McArdle Road improvements - Phase I project. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, Martin, McNichols, and Neal voting "Aye"; B. Longoria and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, advertising services use privilege agreement. Responding to Council Member Martin, Ms. Bonnie Allin, Director of Aviation, said the Minutes Regular Council Meeting January 12, 1999 Page 9 proposal involved a month-to-month contract not to exceed one year. She said Ackerley Airport Advertising, a national company, was bought out last summer and they have been working on the documentation for the assignments with airports throughout the country. Mr. Martin asked if the company was current in its payments, and Ms. Allin replied that they were. She also explained that the new airport terminal will include state-of-the-art advertising capabilities, which will be bid out once it is completed. City Secretary Chapa polled the Council for their votes as follows: 10.a. ORDINANCE NO. 023523 Ordinance authorizing the City Manager or designee to execute an assignment, which assigns the advertising services use privilege agreement, approved by Ordinance No. 023198 on January 20, 1998 between Ackerley Airport Advertising Inc./AK Media/Airport "Ackerley" and the City, to Sky Sites Inc., on the same terms and conditions set out in the use privilege agreement. 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. 10.b. ORDINANCE NO. 023524 Ordinance authorizing the City Manager or his designee to execute an up -to -one-year use privilege agreement with Sky Sites Inc. to operate an advertising services business at various locations in the Corpus Christi International Airport in consideration of 58% of gross profits or $66,000 annually, whichever is greater. 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 discussion on Item 11, industrial district agreement with Texas Fuel & Asphalt Company. In reply to Council Member McNichols, Mr. Utter explained that in order for a company to be eligible for an industrial district agreement, it has to be located outside the city limits, generally in one of two areas of the community. He added that almost all of the industrial district agreements are with companies that are heavy industrial or are supportive industries of those companies. Minutes Regular Council Meeting January 12, 1999 Page 10 Council Member Martin pointed out that the geographic location of companies is important; for instance, some companies such as Texas Fuel & Asphalt are entirely surrounded by the industrial district, and it would not be feasible to try to annex that one piece of property. While City Secretary Chapa was polling the Council for their votes, Dr. McNichols asked about the zoning issue, and Mr. Utter explained that there is no zoning involved since the industrial districts are located outside the city limits. Council Member Gonzales said issues such as this one should be placed on the regular agenda and not the consent agenda. Mr. Chapa continued to poll the Council for their votes as follows: 11. ORDINANCE NO. 023525 Ordinance authorizing the City Manager or his designee to execute an industrial district agreement with Texas Fuel & Asphalt Company, as landowner and improvements owner, (pursuant to Ordinance No. 022360), effective as of December 18, 1998, and to file the agreement in the Official Records of Nueces County, Texas. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Martin abstaining; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, food establishment inspections. Council Member McNichols complimented staff for ensuring that local food establishments coincide with the Texas Department of Health scoring system. Dr. Nina Sisley, Director of Public Health, said city staff has been trying to take this action for some time but the state has delayed distributing their new guidelines. Responding to Council Member Garcia, Dr. Sisley said the Health Department tries to inspect all food establishments three to four times a year, dependent upon the condition of the establishment; i.e., if a business has many demerits, it will be inspected more often. Council Member Martin asked if the Health Department can shut down a restaurant on the spot. Dr. Sisley replied that there is a section in the code regarding "imminent health hazards" which allows them to do that. City Secretary Chapa polled the Council for their votes as follows: 12. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Section 19-39, "Inspection Minutes Regular Council Meeting January 12, 1999 Page 11 Procedures for Food Establishments with Scores of Sixty -Nine or Below on Regular Inspections," to reflect the new scoring system for health inspections set forth by the Texas Department of Health. The foregoing ordinance passed on first reading 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 in Item 14, Zoning Ordinance text amendment. He called for comments from the audience, and there were none. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed. In response to Dr. McNichols, Mr. Michael Gunning, Acting Director of Planning and Development, explained the waiver process. He also discussed the proposed increases in the reapplication fee and the waiver fee. Council Member Garcia asked whether an applicant can appeal to the City Council the Planning Commission's decision to not grant a waiver, and Mr. Gunning said the applicant could. Council Member Garcia questioned whether this proposal would adversely affect a person who buys the property while it is still under the waiting period, and Council Member Martin described a scenario where that could be the case. Mr. Martin said he thought the appeal of the waiver should be to the City Council and not to the Planning Commission; in addition, he suggested that the 12 -month waiting period for refiling an application be from the date of the Planning Commission hearing, rather than from the date the zoning application was withdrawn. There was consensus of the Council to approve the ordinance on first reading subject to the changes as discussed prior to the second reading. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Amending Section 30-7 of the Zoning Ordinance, City of Corpus Christi, to set a time limit on applying for a zoning change after a previous application has been withdrawn after the public hearing before the Planning Commission. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting January 12, 1999 Page 12 Mayor Neal opened the public hearing on the following zoning case: 15. Case No. 1298-3. Mercury Plumbing. Inc.: A change of zoning from a "B -2A" Barrier Island Business District to a "B-4" General Business District on Padre Island, Block 18, Lots 15B & 16B, located on the east side of Palmira Ave., approximately 370 ft. north of Sea Pines Dr. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a special permit for a plumbing service and repair shop, subject to a site plan and three (3) 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 Betty Jean Longoria, and passed. Mr. Gunning showed a video illustrating the subject property and adjacent properties. He explained that the zoning violation notice cited the existence of the plumbing repair service and outside storage, which has since been removed. Council Member McNichols asked about screening and landscaping requirements. Mr. Gunning said the `B -2A" zoning district requires landscaping in front of the building but it would not be a screening use. Responding to Council Member Garcia, Mr Gunning said the lots located on the sante side of the street as the applicant are zoned for business, and across Palmira Avenue the properties are zoned for single-family development. He added that the applicant has sufficient area within his lot to meet all of the parking requirements. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023527 Amending the Zoning Ordinance upon application by Mercury Plumbing, Inc., by granting a Special Permit for a plumbing service and repair shop, subject to a site plan and three (3) conditions to Lots 15B and 16B, Block 18, Padre Island; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Martin and J. Longoria absent. ************* Mayor Neal opened the public hearing on the following zoning case: 16. Case No. 1298-4. R.S. Black: A change of zoning from an "A-1" Apartment House District to a "T -1C" Manufactured Home Subdivision District on Horizon Estates, Lot 5, located on the south side of Horizon Drive, approximately 260 feet east of Benys Road. Minutes Regular Council Meeting January 12, 1999 Page 13 City Secretary Chapa said the Planning Commission and staff recommended approval of the "T -1C" District. 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. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 023528 Amending the Zoning Ordinance upon application by R.S. Black, by changing the zoning map in reference to Lot 5, Horizon Estates, from "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. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Martin and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal called for a short recess. ************ Mayor Neal opened discussion on Items 17 and 18, amending the FY 98-99 budget. City Manager Garcia said these items make the necessary adjustments in the budget ordinance based on the discussions the Council had about budget reductions at the end of 1998. Mr. Garcia said these actions increase the General Fund ending fund balance for FY 98-99 from 3.5% to 5.75%, which exceeds the targeted requirement the Council adopted in its fiscal policies. He said the percentage coverage ratio in the Debt Service Fund is also increased from 50% to 65%. Council Member Gonzales questioned the deletion of a new brush collection crew in the Solid Waste Services Department ($58,280). Mr. Garcia replied that the same level of service was being maintained that was in place last year. He said the Council had voted during the budget discussions last year to enhance services by adding a new brush collection crew. However, he said, he has been trying to bring the city's expenditures and revenues into balance, which necessitated eliminating some enhancements. Dr. Gonzales noted that citizens pay fees for solid waste services and there are many needs for improved service. He added that the Mayor is initiating a clean-up campaign throughout the city and additional crews are needed. He suggested that cuts be made in other areas of the budget. Responding to Council Member Garcia, City Manager Garcia explained that five police Minutes Regular Council Meeting January 12, 1999 Page 14 cadets have been rescheduled from the January 1999 academy to the August 1999 academy, and it will result in exactly the same number of police officers by the end of the year that had been programmed. He said that action results in a savings for this budget year, but the expense will be incurred in the next budget year. The City Manager went on to explain that some of the salary savings outlined in his program are temporary while others are anticipated to be permanent reductions. He pointed out that the city's outside auditors reviewed the budget reductions to ensure that real savings would be realized. Responding to questions from Council Member Garcia, the City Manager addressed specific budget reductions. Council Member Garcia also asked when the budgetary process for FY 99-00 would begin. Mr. Garcia replied that the Council will have already taken the first steps with the adoption of these ordinances. In addition, he said he has scheduled a retreat for the city's department heads on February 13`h, at which time they will begin to review the budget process and come back with a preliminary budget calendar. Council Member Betty Jean Longoria said she receives complaints from citizens about such issues as garbage pick-up. Mr. Garcia replied that the city has some pilot programs underway at this time with a goal of modernizing and increasing the efficiency of the city's Solid Waste Services fleet. Mrs. Longoria said she reluctantly supports the budget reductions. Council Member McNichols said the public needs to realize that these reductions do not cut "fat" from the budget in that some involve a reduction in services. He asked if such things as addressing the mosquito problem will be affected. Dr. Sisley replied that the city bought extra malathion in quantity. She pointed out that mosquito problems occur in the northwest area because they come over from San Patricio County. She said the three -county area needs to establish a mosquito -control district. Council Member Colmenero agreed with Dr. McNichols that there are very few areas of the budget that can be cut. Mr. Garcia pointed out that the Council has discussed the need for a bond issue, and this budget and next year's budget set the stage for that action. He said the city continues to have viable programs through all of its departments, although many enhancements have been eliminated. Mr. Colmenero also asked about employee morale, and Mr. Garcia noted that the Council budgeted a 3% increase for city employees. He said he has begun discussing with the department heads the structure of a pay -for -performance program for the employees. He said while he would not rule out personnel reductions, more likely there will be no major personnel increases. Responding to another question from Mr. Colmenero, Mr. Garcia said he felt the message being conveyed by these proposals is that they are taking responsible steps to get the city on track and to keep the economic engine going. Minutes Regular Council Meeting January 12, 1999 Page 15 Council Member Martin said he wholeheartedly supports Mr. Garcia's budget reduction proposals. He noted that there are some items the Council may find difficult to cut; however, he said, the Council instructed Mr. Garcia to bring back specific options to cut the budget, which he is doing. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 023522 Amending Ordinance No. 023387, which adopted the FY 98-99 Budget, by transferring monies and reducing appropriations in the No. 102 General Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. 18. ORDINANCE NO. 023530 Ordinance appropriating $111,087 from the No. 102 General Fund in the No. 119 Ambulance Fund for equipment lease purchase payments; amending the FY 98-99 Budget, adopted by Ordinance No. 023387, to increase appropriations by $111,087 in the No. 119 Ambulance Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, requesting financial assistance from the Texas Water Development Board. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 023531 Resolution requesting financial assistance from the Texas Water Development Board. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Minutes Regular Council Meeting January 12, 1999 Page 16 Mayor Neal opened discussion on Item 20, Stevens Plant rehabilitation project. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 20.a. M99-005 Motion authorizing the City Manager or his designee to execute a construction contract with Kinsel Industries, Inc., Houston, Texas in the amount of $5,197,400 for the O.N. Stevens Plant Sedimentation Basins No. 1 & No. 2 Rehabilitation Project. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. 20.b. M99-006 Motion authorizing the City Manager or his designee to execute Amendment No. 5 in the amount of $228,800 to the contract with Camp, Dresser & McKee, Inc., for the O.N. Stevens Plant Sedimentation Basins No. 1 & No. 2 Rehabilitation Project to ratify design, bid, and construction phase services for the O.N. Stevens Water Treatment Plant: Caustic Soda Storage and Feed Additions - 1998 and expanding the scope of engineering services for the O.N. Stevens Plant Sedimentation Basins No. 1 & No. 2 Rehabilitation Project to include construction inspection services. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, purchase of rear steer brush loaders. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council: 21. M99-007 Motion approving the purchase of one used rear steer brush loader from Peterson Industries, Lake Wales, FL, for $80,000, and one new rear steer brush loader from Davis Truck & Equipment, San Antonio, TX, for $87,475, based on the basis of sole manufacturer. The brush loaders will be used by Solid Waste Services Department and are budgeted as a five year lease/purchase in the FY 98-99 budget. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. Minutes Regular Council Meeting January 12, 1999 Page 17 Mayor Neal opened discussion on Item 22, continuation of MBOC. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. M99-008 Motion authorizing the continuation of the Minority Business Opportunity Committee with Community Development Block Grant funds previously approved by the City Council. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, leave accrual changes. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. FIRST READING ORDINANCE Amending Ordinance No. 8127, as amended, to change language from biweekly pay -period references to monthly basis in Section 950, Leaves of Absence, Subsection 951.1, Leave Plan I, and Subsection 952.1, Leave Plan II, in the following Subsections: 951.1 (A) and (B); 951.4 (A) and (B); 951.9 (A) and (B); Subsections 952.9 and 952.11; in addition in Subsection 952.1, delete Subsections (A), (B) and (C), and replace them with a new Subsection 952.1 to clarify accrual rates for Plan II employees, which are the same rates as Plan I Employees receive, and to change references from bi-weekly pay period basis to monthly basis for vacation accrual of Leave Plan II employees. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071 and 551.074, regarding the Weed and Seed Program. He said the closed session regarding the City of Corpus Christi v. Manhattan Construction Company et al, No. 94-6459-A, 28th District Court, Nueces County, Texas, would be postponed until next week. The Council went into closed session. The Council returned from closed session. Minutes Regular Council Meeting January 12, 1999 Page 18 Mayor Neal called for the City Manager's report. Mr. Garcia announced that Corpus Christi was not designated as an empowerment zone despite the efforts of many people who prepared the application. He also referred to a report in his transmittal to the Council dated January 8, 1999, regarding several revenue enhancement proposals. He said those proposals, which include a change in the fees for burglar alarms and other items, will be brought to the Council next week. Mr. Garcia added that there has been increasing interest in contracting of municipal services, particularly water and wastewater utilities. He said his motivation in pursuing that idea would be to get the best value for the city's customers. The City Manager noted that staff will be bringing proposals to the Council shortly and he anticipates pursuing two parallel processes- streamlining the city's utilities in preparation for a bid by the city; and preparing to be a participant in an overall competitive process. He also noted that there will be several major issues to address next week. Mayor Neal called for Council concerns and reports. Council Member Martin referred to a memo in the City Manager's transmittal regarding an additional donation by Coastal Javelina Company of $25,000 to construct an outdoor gazebo and landscaping between the Seamen's Center and the Buddy Lawrence House (which the company previously donated to the city). He pointed out that the contributions many businesses make back into the community go unnoticed. Mr. Martin also commented on a class action suit pertaining to collection of Central Power and Light's revenues. City Attorney Bray said research is being conducted on the issues surrounding that suit. Mr. Martin also asked if the Council will have a discussion regarding the status of engineering projects, including projects funded through the Community Development Block Grant program. City Manager Garcia said a workshop session is scheduled for February 9th beginning at noon regarding the status of the capital improvement projects for 1999-2003. In addition, he said a detailed status report was just completed that afternoon by the Engineering Department. The report concluded that there are a few projects that are behind schedule that will not be able to meet the state's letting schedule for this year. Mr. Garcia said the projects that will meet the bid letting schedule include: McArdle Road, Phase I (Carroll Lane to Everhart); ADA improvements; Airline Road (Wooldridge to Saratoga); Ennis Joslin (SPID to Ocean Drive); Kostoryz Road; Bay Trail, Phase 2; and La Volta bridge on Saratoga Boulevard. He said there will be difficulty meeting the deadlines for the following street improvement projects: Shoreline Boulevard/Ocean Drive (north of terminus to Airline Road); Leopard Street; and Cornett Road. He said that very soon staff will be bringing expedited design processes to the Council in order to proceed with the other projects. Mr. Angel Escobar, Acting Director of Engineering Services, said that for the three delayed projects identified by the City Manager, the letting period would have to be extended approximately Minutes Regular Council Meeting January 12, 1999 Page 19 four to five months. Mr. Martin said that if staff approached state officials with a plan, they can extend the letting period so as not to lose funding for them. Council Member McNichols asked staff to help him formulate a response to the many questions and concerns that have arisen about the Aquarius/SPID intersection. Council Member Betty Jean Longoria asked about the status of the improvement projects on Leopard Street and Cornett Road. She said she had been informed by city staff in writing that bid letting for those projects would take place in 1999. Mr. Escobar said the original bid letting date for Cornett Road was June 1999, which was adjusted to August 1999 and finally to January 2000, a five- month delay. He said the original letting date for Leopard Street was July 1999, which was moved back to August 1999 and finally to January 2000, also a five-month delay. He said the Ocean Drive project will be delayed four months --from August 1999 to December 1999. Mrs. Longoria said she was told by staff and, in turn, she has been telling citizens in her district that the Leopard Street and Cornett Road projects will begin in 1999. She said she is very disappointed with the situation. Mr. Garcia replied that the Engineering Department is obviously behind in the projects and just in the last week they have brought in some personnel who can help organize the engineering projects and determine which deadlines they can reasonably expect to meet. Mrs. Longoria asked if work had even begun on the Leopard and Cornett projects. Mr. Escobar replied that those projects were in the programming stage but not the design stage. He said staff has a clearer understanding of the time elements involved after meeting with TXDOT officials and with the assistance of personnel from Day & Zimmerman. Council Member Garcia questioned why a solution could not be found for the scheduling problem with those projects, such as subcontracting assistance. He said he understood Mrs. Longoria's frustration, and he cited the example of a traffic signal that has not been completed on FM 624. Mr. Garcia also said there was an article that appeared in the local newspaper which alluded to meetings that were held and that the Council was not kept informed about issues concerning the JFK Causeway. He said he did not know if the City Manager anticipated bringing the Council up to date on that issue, but at some point they need to be informed. Mr. Garcia said he did not think some of the City Manager's proposals for revenue enhancements were justified, in particular the fee increase for burglar alarm permits. He also referred to the possibility of contracting out some of the city's utilities operations, and he asked if the city could charge an application fee to companies participating in that process. Council Member Gonzales said he was also concerned about some of the proposed fee increases as part of the revenue enhancements. With regard to the street improvement projects, he asked if there was any danger in losing funding for those projects. City Manager Garcia replied that Minutes Regular Council Meeting January 12, 1999 Page 20 staff can meet the state's existing deadlines on all of the projects except the three he specified, which would need an extension from the state of three to five months. Mr. Crull said the "drop -dead" deadline is September 2000 for the projects that were funded out of the ISTEA program from 1991. He explained that there has been a change in the way the projects are carried out. He reiterated that staff will request an extension from TXDOT officials, adding that the state agency itself has had to extend deadlines on its projects. Responding to questions from Dr. Gonzales, City Manager Garcia said that if the state does not approve the deadline extension, the city will lose about $4 million in funding for three projects. Mrs. Longoria again expressed her disappointment in not receiving accurate information from staff about the status of the Leopard Street and Cornett Drive projects. She asked what options are available, and Mr. Garcia replied that those projects can be funded with monies taken from other projects. Mrs. Longoria said that decision could not be made without input from the whole Council. Mayor Neal said what concerns the Council members is that they have been under the impression for a year that the city was going to meet certain deadlines on the street improvement projects. Consequently, he continued, on many occasions they have assured citizens that those projects will be completed on time. He said it is time for city staff to be completely truthful with the Council on every issue so they, in turn, can be truthful with the citizens. Council Member Colmenero echoed Mr. Martin's earlier request for a status report on the CDBG projects. Mr. Colmenero also commented on the need for an additional traffic light at the intersection of IH -37 and Chaparral Street, and a damaged sidewalk portion on Chaparral Street near Gulf Villa. Council Member Garcia told the City Manager that he will hold him accountable in ensuring that the Council is kept informed at all times. Council Member Garcia also asked how the citizens will be notified about the raw water cost adjustment. The City Manager said the raw water adjustment occurs regularly, although the upcoming bills will contain an explanation that for the first time the costs associated with the Mary Rhodes Pipeline are included in that adjustment. Council Member Garcia also expressed concern about some of the completion dates (such as September 1999) for components of the city's year 2000 computer preparedness plan. He reiterated his suggestion from the previous Council meeting that the Administrative Analysis Committee begin meeting to review the city's Y2K plan. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:15 p.m. on January 12, 1999.