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HomeMy WebLinkAboutMinutes City Council - 03/16/1999I 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 March 16, 1999, which were approved by the City Council on March 23, 1999. WITNESSETH MY HAND AND SEAL, this 23rd day of March, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 16, 1999 2:03 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Melody Cooper Council Members: Javier D. Colmenero* Alex L. Garcia Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 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 Rev. Ellis Orozco, Corpus Christi Baptist Church, following which the Pledge of Allegiance to the flag of the United States was led by members of Boy Scout Troop #65 from Calallen. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of March 9, 1999. A motion was made and passed to approve the minutes as presented. The Mayor announced that Item 18, proposed revisions to vision and passage -obstruction ordinances, was being withdrawn by the City Manager. * * * * * * * * * * * * * City Manager Garcia noted that the Greater Corpus Christi Business Alliance would be providing its quarterly update. *Council Member Colmenero arrived at 2:07 p.m. Ms. Laurie Cook, Chairperson of the Alliance, reviewed events that have occurred since the organization's last update to the Council, including the Alliance's annual banquet; "Corpus Christi Day" in Austin; and a successful membership drive. She also noted that Council Members Martin and McNichols are not running for reelection next month, and she expressed the Alliance's appreciation to them for their strong support of economic development during their years on the Council. Ms. Char Beltran, Vice President of the Alliance and Director of the Convention and Visitors Minutes Regular Council Meeting March 16, 1999 Page 2 Bureau (CVB), reviewed the CVB's six priorities in its marketing plan for this fiscal year: update technology by developing an interactive Web site; develop market research; create partnerships that will enhance the bureau's efforts; provide accountability by instituting realistic and specific performance measures; create awareness of Corpus Christi as a destination through domestic and international travel media; and develop and implement a Mexico marketing program. Ms. Beltran described ways in which the CVB is striving to achieve each of those priorities. Ms. Beltran also noted that the Alliance's Downtown Visitor Information Center has served more than 10,700 visitors since January 1, 1999, which is more visitors than the center served during the entire year of 1998. She said the CVB has booked 141,000 tentative and definite convention room nights to date, representing $20.4 million in direct expenditures. In addition, the Convention Services Department has serviced 114 meetings and conventions, and the Leisure Tourism Sales Department generated 41 leads to local hotels and booked 11,000 tentative and definite motorcoach room nights. Council Member Gonzales commended Ms. Beltran and the Alliance for their efforts, particularly with regard to promoting the area's beaches. He noted that Assistant Secretary of Commerce Marquez was in Corpus Christi last week, and she mentioned that there are five export assistance centers in Texas but there is not one in Corpus Christi Dr Gonzales said the Alliance and the city should make it a priority to open one of those centers here, and he suggested that Ms. Marquez be invited to attend the city's next economic summit. Ms. Cook said she had discussed some of those issues with Ms. Marquez, and she and others also had the opportunity to visit with the German ambassador to the United States. Council Member Garcia also praised Ms. Beltran for her vision regarding conventions and tourism. He asked how they plan to monitor tourism during the Easter weekend and the summer. Ms. Beltran said they will use their intercept survey program and they will receive booking numbers from the tour companies. Mr. Garcia also asked the Alliance to report on estimated lost revenue due to the lack of convention space at the convention center. He also welcomed the new staff people at the Alliance. Council Member Betty Jean Longoria asked about estimated bookings for the Easter weekend. Ms. Beltran said they do not have firm numbers yet, but she said the condominiums on Mustang Island are getting several bookings out of the Monterrey, Mexico, area, although the local hotels have not received many bookings. Mrs. Longoria said she has also noticed that the Alliance has had more cooperative programs and events with other entities. Council Member Cooper asked about the CVB's interactive Web site. Ms. Beltran replied that during the first month, they booked 258 room nights through the Web site and had more than 8,600 visitors to the site, which is impressive. Ms. Cooper also praised the Alliance for their recent efforts. Minutes Regular Council Meeting March 16, 1999 Page 3 Mr. Gary Bushell, President and CEO of the Alliance, introduced two new staff members of the Alliance. Ms. Myra Garcia -Martinez has been appointed Director of Business Development and Mr. Tom Moore has been appointed Director of Existing Industries Programs. Ms. Garcia -Martinez and Mr. Moore briefly commented on their expectations for their new positions. Council Member Martin asked when the Alliance could provide an update on the Columbus ships. Mr. Bushell replied that they can provide a report in a few weeks. Mr. Martin said he hopes Mr. Moore will be able to focus his energies on existing industries in order to address serious problems that have arisen in that area. Mr. Martin also requested an updated organizational chart of the Alliance, and he asked about spring break marketing endeavors. Ms. Beltran said the hotel community has asked them to specifically target their spring break efforts to family travel from the state and from Mexico, as opposed to local high school and college-age groups. In response to another question from Mr. Martin, Ms. Beltran said the new information center is open seven days a week. Mr. Martin suggested that the Alliance develop the data to demonstrate the benefits of expanding and improving the convention center. Council Member Colmenero agreed that development of the convention center needs to proceed, and he asked about the Alliance's move toward non -conventional marketing. Mr. Bushell said that when Ms. Beltran started working for the Alliance, he instructed her to examine every dollar that is spent to ensure the most beneficial return on their investment. Mr. Bushell then introduced Mr. Al Jones, Chairman of the Council for Business Development, who said they are focusing their efforts on economic development, in particular bringing jobs to Corpus Christi. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. John Torrey, 7253 Yaupon Dr., asked if there was a pilot program in the Solid Waste Services Department to use one-man automated trucks. City Manager Garcia replied that staff is in the process of developing a pilot program which would utilize one-man crews (versus the current three-man crews), thereby allowing the city to maintain the existing collection schedule with a reduction in cost. Mr. Torrey also said that each year the Solid Waste Services Department has a surplus of $7 million, which is siphoned off to other departments in the General Fund. He also asked why the city refuses public queries to improve brush collection and recycling. Mayor Neal replied that a portion of the Solid Waste Services surplus funds are used to do street maintenance and other services. He said all of the city's budget is spent to the best advantage of all the citizens of Corpus Christi. The City Manager added that there are several vehicles that are currently available as part of the pilot program. Council Member Gonzales said the Council would like to hear any ideas or suggestions that people have to improve the city's services. Minutes Regular Council Meeting March 16, 1999 Page 4 Ms. Kay Noyes, 930 Coral, said her neighbor referred to a list of 27 projects that are going on in the city, but the project she is most interested in is not one of them. She noted that she has made several requests for a safe crossing at Everhart and Shannon for a wheelchair-bound friend of hers who works at Everhart Plaza and lives in the apartments across the street. Mr. J.E. O'Brien, 4130 Pompano, said that last week he had disagreed with the City Attorney regarding who owns the Lake Texana pipeline. He said none of the Council members asked for clarification about that issue. He said he does not believe there is any documentation which transfers ownership of the pipeline to the city. Mr. O'Brien also referred to the City Manager's comments last week on the 1986 bond election projects. Mr. O'Brien said it is true that after that bond election, the valuations decreased, but he said it is not true that the city's revenues also decreased, according to the city's financial statements. Mr. R.F. Hasker, 1813 Wallace, discussed a document concerning the Packery Channel written and published by Mr. Richard L. Watson, Ph.D., a consulting geologist. Mr. Hasker said he has been boating in local waters for almost 40 years and he is familiar with the bays and estuaries. Mr. Andy Rodriguez, 3401 Alameda, commented on the importance of keeping Corpus Christi clean. Mayor Neal pointed out that he has initiated a year-long campaign to clean up the city. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 2-13. Council members requested that Items 3, 6, 11, and 12 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M99-065 Motion approving the purchase of medical supplies including alcohol, cleaning towelettes, gauze, swabs, syringes, lancets, biohazard containers, and infectious waste liners through the State of Texas Cooperative Purchasing Program, not to exceed the budgeted amount of $32,000 for a period of twelve months. The supplies will be used by the Health Department, and funds have been budgeted in FY 98/99. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 4. M99-067 Motion approving a supply agreement for approximately 43,600 hours of temporary custodial services for the Convention Center and Coliseum in accordance with Bid Invitation No. BI- Minutes Regular Council Meeting March 16, 1999 Page 5 0068-99 with Unique Employment Service, Corpus Christi, Texas, based on the low bid of $309,996. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods, subject to approval of the supplier and the City Manager or his designee. Funds are budgeted for FY 98/99. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 5. M99-068 Motion approving a supply agreement with Hughes Supply, Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0066-99 for cast iron foundry items including approximately 1,870 meter boxes and lids, 1,460 valve boxes and lids, 245 manhole rings and covers, and 20 sidewalk inlets and covers based on low bid for an estimated annual total of $62,997.50. The term of the 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. These items will be purchased into Warehouse Inventory and used by the Gas, Water, Wastewater, Street and Traffic Engineering Departments. Funds have been budgeted for FY 98/99. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 7.a. M99-070 Motion authorizing the City Manager or his designee to accept two grants from the Texas Book Festival in the amount of $5,000 for purchase of books for the Central and Northwest libraries. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 7.b. ORDINANCE NO. 023577 Ordinance appropriating $5,000 from the Texas Book Festival to purchase library materials for the Central and Northwest libraries; amending the FY 98-99 budget, adopted by Ordinance No. 023387, to increase appropriations by $5,000 in the No. 6010 Trust Fund - Library. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting March 16, 1999 Page 6 8. ORDINANCE NO. 023578 Ordinance appropriating $33,732 from the State of Texas in the No. 6010 Trust Fund - Law Enforcement Officer Standards and Education Trust Fund for training of Police personnel; amending the FY 98-99 Budget, adopted by Ordinance No. 023387 by adding $33,732 to the No. 6010 Trust Fund - Law Enforcement Officer Standards and Education. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 9.a. M99-071 Motion authorizing the City Manager or his designee to accept a Library Technology Advancement grant in the amount of $108,123 and to execute a contract and all related documents with the Telecommunications Infrastructure Fund Board for the period April 1, 1999 to June 30, 2000. The funds will be used to purchase personal computers and related equipment at the Corpus Christi Public Libraries. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 9.b. ORDINANCE NO. 023579 Ordinance appropriating $108,123 from the Telecommunications Infrastructure Fund Board to purchase computers and related equipment for the Corpus Christi Public Libraries in the No. 1050 Federal/State grants fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 10. ORDINANCE NO. 023580 Ordinance closing and abandoning a 1,203 -square foot utility easement across portions of Lot A-2, recorded in Volume 56, Pages 165 &166, and partially on Lot E, recorded in Volume 54, Pages 117 & 118, Texas State Aquarium Subdivision, of the Map Records of Nueces County, Texas; subject to compliance with the specified conditions and the lessee, Texas State Aquarium Association, replatting the property within 180 days at its expense. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting March 16, 1999 Page 7 13. ORDINANCE NO. 023581 Authorizing the City Manager or his designee to execute a five-year lease with the U.S. Open Committee to conduct the U.S. Open Windsurfing Regatta and related activities on the southern portion of Cole Park bounded by a line 320 feet north of the north steps to 300 feet south of the south steps from the east curb line of Ocean Drive to the water and those waters extending, but not limited to, at least one mile eastward into the bay, in consideration of the U.S. Open Committee paying a one-time $250 permit fee and 100% of the cost of City Services for event support; however, for one year, 1999 Committee will pay only 50% of police overtime costs; and for second year 2000 Committee will only pay 75% of police overtime cost, giving committee exclusive use of the premises for 5 days and non-exclusive use for 9 days during a set period for each of the five years, as shown in the lease beginning May 25, 1999. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, purchase of a prisoner transport vehicle. Council Member Garcia asked when the Council will be provided with a report on the distribution of monies for the Crime Control District. City Manager Garcia said staff will provide a report; the last recap was during the Council's joint meeting with the Crime Control District's board. Council Member Garcia asked that the report be made during a Council meeting so citizens can be aware of it. City Secretary Chapa polled the Council for their votes as follows: 3. M99-066 Motion approving the purchase of a prisoner transport vehicle in the amount of $32,969.20 from the Houston -Galveston Area Council of Governments based on a cooperative purchasing agreement. The prisoner transport vehicle will be used by the Police Department and is included in Year One of the Crime Control and Prevention District's Five -Year Plan. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols. and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, wastewater clean-out installation program. Responding to Council Member McNichols, City Manager Garcia said there are a number Minutes Regular Council Meeting March 16, 1999 Page 8 of older homes in the city that were built prior to the current building code and they need to be retrofitted with wastewater clean -outs. Dr. McNichols noted that this project consists of the installation of approximately 300 clean - outs, and he asked how those sites are selected for installation. Mr. Foster Crowell, Acting Wastewater Superintendent, said this program has been ongoing for five years with installations averaging 280 to 300 clean -outs per year. He said they focus on the areas where citizens have had repetitive problems with their systems. Responding to Council Member Martin, Mr. Crowell further explained that the easement clean -outs will mainly be installed in areas where the pipe has had to be broken and a temporary cap has been installed. He said that $95,000 has been budgeted this year for this project. Council Member Garcia asked about the bid differentials. Mr. Angel Escobar, Acting Director of Engineering Services, explained that the successful low bidder, Rycon, is familiar with this type of work; the previous contractor did not submit a bid this year. Mr. Garcia also asked how many clean -outs will be installed in the Flour Bluff area, and Mr. Crowell said he would provide that information. City Secretary Chapa polled the Council for their votes as follows: 6. M99-069 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $80,700 with Rycon for the wastewater clean -outs installation program 1998- 99. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Items 11 and 12, contracts for tennis pros. Council Member Garcia asked how the tennis pros are paid under the contract. City Manager Garcia and Mr. Mike Gordon, Assistant Director of Operations in the Park and Recreation Department, explained that the pros are responsible for collecting all of the revenue at the two tennis centers, including concession and pro shop revenues. They said that the pros are independent contractors --not city employees --and they operate the tennis facilities for the city and provide tennis lessons and programs. Mr. Gordon added that this type of contract is fairly common. Responding to Council Member Gonzales, Mr. Gordon said staff does not believe the 5% of pro and lesson revenue that the pros pay the city is exorbitant or prohibits them from making a Minutes Regular Council Meeting March 16, 1999 Page 9 reasonable income. He added that the city promotes the tennis centers through fliers and other forms of advertising. Mr. Steve Denton, Director for Tennis Operations at the H. E. Butt Municipal Tennis Center, discussed the successful exhibition match that was held March 15, 1999 between Monica Seles and Lindsay Davenport. Ms. Seles and Ms. Davenport were participants in the 2nd Annual Living Legends Tennis Benefit at the H.E.B. Tennis Center. Mr. Denton told the Council that approximately $1 million in private donations has been raised thus far to renovate that tennis center. He said the architectural drawings by Richter and Associates are complete and they are ready to proceed with the project. Mr. Denton also asked the Council for their support of his request for a $250,000 CDBG grant (which the Council will consider at the CDBG hearing on April 271h) and for their support of the Advantage Youth tennis program, which he described. Council Member McNichols said the first Living Legends tennis benefit held last year between John McEnroe and Jimmy Connors was also very successful, which is one of the many beneficial programs that the tennis centers offer to the community. Council Member Colmenero said the pros offer tennis programs to youth who would otherwise not have access to them. Council Member Martin introduced Ms. Susan Shelby Torrance, the pro at the Al Kruse Municipal Tennis Center. He said the tennis centers and golf centers are integral parts of the neighborhoods in which they are located, and he said it is important to keep upgrading them. Responding to Council Member Garcia, Mr. Denton said his vision for the H.E.B. Tennis Center would be to turn that whole area into a park with a children's area, jogging trails and other amenities. In reply to Council Member Betty Jean Longoria, Mr. Gordon said Mr. Denton's ideas for the H.E.B. Tennis Center are sensible and he also discussed his goals for the Al Kruse Tennis Center, which he said would be an excellent place to locate clay courts. Mayor Neal suggested that the architect for the renovations of the H.E.B. Tennis Center provide another presentation to the Council on that project. Mr. Denton discussed tournaments that are held at the facilities. Council Member Cooper congratulated Mr. Denton on last night's event. City Secretary Chapa polled the Council for their votes on Items 11 and 12 as follows: 11. FIRST READING ORDINANCE Authorizing the City Manager or designee to execute a five-year professional services contract and lease agreement with Susan Shelby Torrance (Pro), for tennis operations at the Al Kruse Municipal Tennis Center (Tennis Center), in consideration of Pro paying the City Minutes Regular Council Meeting March 16, 1999 Page 10 5% of Pro and lesson revenue, and collecting and forwarding City revenue for Pro's exclusive use of Tennis Center, and City paying Pro $2,878 per month for Pro operating Tennis Center. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 12. FIRST READING ORDINANCE Authorizing the City Manager or designee to execute a five-year professional services contract and lease agreement with Total Tennis, Inc., Steven B. Denton, Director (Pro), for tennis operations at the H. E. Butt Municipal Tennis Center (Tennis Center), in consideration of Pro paying the City 5% of Pro and lesson revenue, and collecting and forwarding City revenue for Pro's exclusive use of Tennis Center, and City paying Pro $3,762 per month for Pro operating Tennis Center. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, proposed street name changes. He questioned whether the public hearing needed to be reopened since this item was tabled last week, and City Secretary Chapa said the public hearing was still open. The Mayor called for public comments. Mr. Larry Baker, a member of the Northwest Business Association (NWBA), said the organization contacted businesses located along FM 624 about the possibility of naming the section of that roadway located within the city limits to Northwest Boulevard. Mr. Baker also described how sections of Leopard Street and Up River Road were segmented by the construction of IH -37. Council Member Martin noted that the public hearing was closed last week. Mr. Chapa agreed, stating that he was confused because Mr. Baker had been allowed to speak after the hearing was closed. Mayor Neal confirmed that Item 14 was a regular agenda item, not a public hearing. Mr. Warren Albrecht, President of the NWBA, said they have been working on this project for years and he noted that people frequently get lost trying to locate businesses on the affected sections of Up River Road and Leopard Street due to their segmentations. Council Member McNichols asked if there were any objections to the naming of FM 624 as Northwest Boulevard. Mr. David Seiler, City Traffic Engineer, said there were no objections. Mr. Martin asked for the information that the Council had originally requested during last week's meeting for which this item was tabled. In response, Mr. Escobar referred to a diagram of FM 624 showing the businesses and residences which had signed a petition in favor of the naming of that Minutes Regular Council Meeting March 16, 1999 Page 11 street, those that had given verbal approval to the NWBA, and those that did not provide a response. He also showed similar diagrams for the affected sections of Up River Road and Leopard Street. Council Member Garcia asked about the cost of the street name changes to the businesses. City Manager Garcia replied that staff has determined the city's cost will be $5,850 but they do not know the cost to the businesses. Mr. Martin pointed out that the businesses will have to change their stationery to accommodate the new area code that is taking effect. Council Member Cooper thanked the NWBA for their efforts on this project. Council Member Garcia asked staff to provide the information the Council requests. He added that the NWBA did a lot of staff's work. Mr. Martin countered that the NWBA did not do the city's work --the ordinance requires that they submit a petition for the street name changes, which they did. City Secretary Chapa polled the Council for their votes as follows: 14.a. FIRST READING ORDINANCE Establishing the street name of "Northwest Boulevard" for F.M. Highway 624 between U.S. Highway 77 and the west city limits. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 14.b. FIRST READING ORDINANCE Changing the street name of"Up River Road" to "Leopard Street" between the Union -Pacific Railroad Crossing Leopard Street and U.S. Highway 77. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 14.c. FIRST READING ORDINANCE Changing the street name of "Leopard Street" on the west side of the Interstate 37 Expressway to "Interstate 37 Access" between a point 2,500 -feet north of Ripple Road to Redbird Lane. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 14.d. FIRST READING ORDINANCE Changing the street name of "Leopard Street" on the east side of the Interstate 37 Expressway to "Interstate 37 Access" between Sharpsburg Road and Redbird Lane. Minutes Regular Council Meeting March 16, 1999 Page 12 The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, Staples Street pumping plant. City Manager Garcia stated that staff discovered a material error in the way this item was posted in terms of the address. He said they will withdraw Item 15, correct the errors, and bring it back next week. Mr. Escobar said the agenda item should have read the same as it does in the background material: "from South Staples pumping station to Yorktown Boulevard," which is the correct item on the capital improvement plan. Council Member Martin asked if the Council had approved the location for the pumping plant. He also asked if it involved an additional $1.8 million to move the plant 8,000 feet to another location. City Manager Garcia replied that it involves $1.5 million that they had scheduled to spend in FY 2000-01 and it is now being moved up in the capital budget. Mr. Escobar said the new pumping station will have a 48 -inch line coming in from the O.N. Stevens Water Treatment Plant and a 42 -inch line discharging to the water system. Mr. Martin suggested that in their presentation next week, staff describe the other options that were presented for the pump station location. Council Member McNichols asked if the location that was selected is more expensive than the one originally proposed (which was opposed by citizens in the area). The City Manager replied that the cost to build the pumping station is the same; the property cost is different because the city is acquiring a different piece of property and they are accelerating the line construction one year earlier from where it was in the capital budget. Mr. Escobar noted that the change in the pump station's location 8,000 feet to the west will result in a shortening of the 48 -inch supply line to the station and a lengthening of the 42 -inch discharge line. 15.a. WITHDRAWN Ordinance amending the TY 98-99 Capital Budget, adepted-by Ordinance No. -023474, to revise the scop., of the Staples Street Pumping Plant Projcct by accelerating a portion of the - - -- Budget by $1.8 mill:e1c 15.b. WITHDRAWN Motion authorizing thc City Manager or his designee to execute Amendment No. 3 -in the amount of $55,250 with Urban Engineering, -Inc., expanding thc scope -of engineering services for thc Southside Transmission Main (Stevens Plant to Clarkwood Road projcct). Staples Street pumping plant-ncw pumping plant and storagc reservoir to include elated Staples Sheet and Comity Road 43 to thc existing 16 inch waterline near Country Creek. Minutes Regular Council Meeting March 16, 1999 Page 13 Mayor Neal opened discussion on Item 16, intention to issue utility system revenue refunding and improvement bonds. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 023582 Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of notice of intention to issue Utility System Revenue Refunding and Improvement Bonds, Series 1999-A; and resolving other matters relating to the subject. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, radio system maintenance contract. He called for comments from the audience, and there were none. The Mayor then asked if Nueces County had pulled out of this contract. Police Capt. Leonard Scott replied that Nueces County is still participating in this contract but they have expressed a desire to pull out of the mobile data/automatic vehicle location project. Responding to Council Member Martin, Capt. Scott said there has been a transition of the management of the radio system from the city's Municipal Information Systems Department to the Police Department. He said that resulted in a delay in preparing the requests for proposals and implementing the new contract. Council Member McNichols asked if this equipment was primarily Ericsson equipment, and Capt. Scott said it was. He also described the specialized nature of the maintenance of the radio system, noting that Dailey & Wells Communications Inc. is the only company in this area that currently offers support for Ericsson equipment. He said other companies had an opportunity to bid but only one other vendor submitted a bid, and that was only on a portion of the contract. A brief discussion ensued. Council Member Colmenero requested a report on the difference between the proposed contract and the month-to-month contract that the city previously had with the supplier. City Secretary Chapa polled the Council for their votes as follows: 17. M99-072 Motion authorizing the City Manager or his designee to execute a radio system maintenance agreement with the Regional Transportation Authority, Nueces County, and Dailey Wells Communications for maintenance of the 800 MHz trunk radio system for a two-year term at an estimated cost of $402,665 per year. Minutes Regular Council Meeting March 16, 1999 Page 14 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * 18. WITHDRAWN Amending the Code of Ordinances (Vision and Passage Obstructions), by repealing Section • .• Section 49 81 Property Owner, Etc., to Trim Trees or Shrubs Overhanging Strcct or Sidewalk; Section 49 82, Procedure Upon Non Compliance; Section 53 8, Obstructing Strcct and Sidewalk Traffic; and Section 53 9, Obstructing Strcct Intersections with Shrubs, * * * * * * * * * * * * * Mayor Neal announced the four closed sessions, pursuant to Texas Government Code Section 551.071, regarding the following: 1.) City of San Juan v. Central Power and Light Company, No. C -2510-96-F, 332' District Court, Hidalgo County. Texas, with possible action related thereto in open session; 2.) Texas Natural Resource Conservation Commission Notice of Enforcement Action, City of Corpus Christi Public Water Supply System, O.N. Stevens Water Treatment Plant, Corpus Christi, Nueces County, Docket No. 1998 -1391 -PWS -E, with possible action related thereto in open session; 3.) City of Corpus Christi v. John Cornyn, Attorney General of Texas, No. 99-02000, 53`d District Court, Travis County, Texas, with possible action related thereto in open session; and 4.) Graciela Franco v. City of Corpus Christi, No. 99-828-A, 28`h District Court, Nueces County, Texas, with possible action related thereto in open session. The Council went into closed session. The Council returned from closed session. Mayor Neal made the following motion, seconded by Council Member Cooper, and passed: M.4. M99-073 Motion authorizing the City Manager to retain Bob Nichols with the law firm of Strasburger & Price to represent the City of Corpus Christi in Graciela Franco v. City of Corpus Christi, No. 99-828-A, 28th District Court, Nueces County, Texas, at a rate of $125 per hour, subject to appropriation. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales abstaining. * * * * * * * * * * * * * Minutes Regular Council Meeting March 16, 1999 Page 15 Mayor Neal called for the City Manager's report. Mr. Garcia said that pursuant to the Council's request last week, Nueces County Judge Richard Borchard will make a presentation next week on the county's bond issue and proposed projects. Also at next week's Council meeting, the Advisory Council on Recycling and Solid Waste will give a presentation commemorating the contributions of Mrs. Janet F. Harte. Mayor Neal called for Council concerns and reports. Council Member Martin said the City Manager advised the Council during closed session that he was withdrawing the city's lawsuit against the Texas Attorney General. City Manager Garcia said they had discussed in closed session that they had arrived at a settlement with the Corpus Christi Caller -Times, and pursuant to that, the city will be withdrawing that lawsuit. Mr. Martin said the Council had received a copy of an e-mail message referring to an article in the Caller -Times in which Council Member John Longoria was quoted as saying that there was an overwhelming Council decision to drop the lawsuit during last week's closed session. Mr. Martin said he felt that Mr. Longoria's comments were his impression of how the Council members felt during the discussion. He said there was no decision or vote of any type taken on that issue during the closed session. Mr. Longoria said Mr. Martin's assessment was correct. Mr. Martin also asked if the hotel/motel tax legislation had been filed. Mr. Garcia said he knows that Rep. Vilma Luna has agreed to work with staff on that proposed legislation, and he believes that a number of issues surrounding it are in the process of being resolved. Council Member Garcia said the Mayor's Office had sent information about a Millennium Committee meeting that will be held next week, and he asked if the time can be changed. Mayor Neal said they can reschedule the meeting for 11:30 a.m. Council Member Garcia asked about repairs to the chillers at the Bayfront Plaza Convention Center. The City Manager said staff should have an estimate on the repairs on March 17`h; he added that chiller No. 3 went down on March 146. Mr. Ogilvie Gericke said chiller No. 2 broke down on January 2151. Council Member Garcia asked if there was information that may indicate a design problem with the chillers. Mr. Hal Peterson, Director of Convention Facilities, said staff has been struggling for some time with the chillers. He said the city and Central Power and Light have hired a consultant to evaluate the chillers and the thermal energy system and they are expecting a report very soon. He said the chillers were installed in 1981. He added that there may be a problem with the design of the thermal energy storage system. Council Member Cooper requested a report on the street projects contained in the 1986 bond election. Mr. Garcia said staff is working on that report. Mayor Neal asked staff to provide a presentation on the pilot project in the Solid Waste Services Department. Council Member Gonzales said he had received a call from a citizen who has property on Padre Island on which he installed some wells, and the citizen was told by city staff that he could not install electricity. City Manager Garcia said there are rules in the building code that deal with how Minutes Regular Council Meeting March 16, 1999 Page 16 a person can hook up alternative power supplies. He said they will provide that information. Council Member McNichols asked about the task force that the City Manager has formed to investigate the privatization of the city's utilities operations. He asked what the directive was from the Council to do that. City Manager Garcia said he believes that two or three months ago during the Council comment portion of the meeting, the Council passed a motion directing staff to explore the privatization of the city's utilities. The City Manager went on to say that they have formed a task force to begin that process, which is very extensive. He said he reported to the Council last week that he envisions that process taking well over a year to bring substantial recommendations back to the Council on how that would proceed. Mr. Garcia said they are presently focusing on preparing for the privatization of the water utility; however, that could broaden in scope to include the wastewater, stormwater, and gas utilities as well. Mr. Garcia added that on a separate track they are examining the city's options to contract out some of the information technology services. Dr Gonzales requested a copy of the motion that the Council passed so they can have a clear understanding of what they directed staff to do. He said they did not ask staff to do something else that they are doing now --preparing the utilities staff to compete before they bring back a recommendation to the Council. Dr. McNichols said that sometimes he has to leave the Council meeting early to go to the hospital, but he does not remember participating in a discussion that led to what he perceives as a very large assignment to city staff. City Manager Garcia said he reviewed the process the city went through some years ago to prepare for the privatization of the gas utility, which he said was poorly conceived. He said he would like to structure a process that is much more logical in its progression, that prepares the department in terms of reengineering, and also spends a substantial amount of time on exploring what exactly privatizing a utility involves, which can affect many different policy decisions. Dr. McNichols expressed concern about undertaking that project at this time. Mayor Neal said he thought the process should proceed, noting that it can be a useful management tool. Council Member Colmenero noted that many people have been trimming their trees and brush, resulting in large piles of debris along city streets. City Manager Garcia said the city is about two weeks behind in its brush collection schedule and they have initiated several steps to correct that. Council Member Betty Jean Longoria said citizens can call the Solid Waste Services Department to get the schedule for brush collection. Responding to a question from Mrs. Longoria, City Manager Garcia said that when the city's budget was proposed, there were substantial increases in several areas which ended up being pared back when the budget was balanced. He said reductions were not made in those areas but the services were not increased as originally proposed. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 5:53 p.m. on March 16, 1999.