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HomeMy WebLinkAboutMinutes City Council - 04/13/1999I 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 April 13, 1999, which were approved by the City Council on April 20, 1999. WITNESSETH MY HAND AND SEAL, this 20th day of April, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 13, 1999 2:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Council Members: Javier D. Colmenero Alex L. Garcia Jr. Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols ABSENT Mayor Pro Tem Melody Cooper Dr. Arnold Gonzales 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 Lt. Cmdr. Harold Palmer, Chaplin, U.S. Navy, Fleet Support Ingleside. The Pledge of Allegiance to the flag of the United States was led by Council Member Garcia. 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. Council Member Betty Jean Longoria noted that Dr. Gonzales was out of the city due to a death in the family Mayor Neal called for approval of the minutes of the regular Council meeting of March 30, 1999 and the special Council meeting of April 6, 1999. A motion was made and passed to approve the minutes as presented. Mayor Neal then introduced the new Mexican Consul, Maria Eugenia Lopez De Roux, who said she hopes to continue the friendship that has been established between Texas and Mexico. She also extended greetings in Spanish. Council members reciprocated by welcoming her in English and Spanish. ************ * The first presentation was regarding the preparation of a new book about Corpus Christi entitled Corpus Christi: A Contemporary Portrait. Mr. Gary Bushell, CEO of the Greater Corpus Christi Business Alliance, introduced Ms. Melanie Herweck of Community Communications Inc., who described the purpose of the book, which is scheduled for publication in the summer of 2000. Ms. Lauraine Miller, the author, then described specific aspects of the book. Minutes Regular Council Meeting April 13, 1999 Page 2 The next presentation was an overview of the Solid Waste Services' brush collection program and proposed automated collection pilot program. Mr. Andy Leal, Director of Solid Waste Services, explained that his department's collection division collects garbage, recycled materials, and brush, each with its own assigned personnel and equipment. He noted that garbage and recycling have a defined schedule while brush and heavy debris is collected on an ongoing basis throughout the city. Mr. Leal described challenges that are faced in the effort to collect brush, including ever- increasing annual volumes; irregular collection schedules; fluctuating manpower and availability of equipment; customer communication and education; and mix of materials to be collected. He noted that in the last two years there has been a 23% increase in tonnage volumes, which has been handled by the same number of personnel in the brush crews. He said there has been a backlog in the brush collection schedule due to increased volumes. The Solid Waste Services Director said that in June 1998 staff discussed with the City Council several recommendations to improve service, which included adding an additional crew; replacing some equipment; encouraging residents to use the landfill; providing landfill "amnesty" days; pursuing a grant for customer education and information on brush services; and developing a defined schedule for brush collection service. Mr. Leal then showed examples of public service announcements to help educate the public about different aspects of Solid Waste Services. Recently, in response to customer complaints, the brush collection crews have been working seven days a week. Mr. Leal said other steps being taken are: utilizing temporary drivers to fill some of the vacancies; proposing at this Council meeting to add one more crew and additional equipment; and evaluating multiple collection alternatives, including contractors. He discussed the idea of dedicating brush crews to brush collection only, rather than diverting them to other collection efforts, and he commented on the need to modernize the department's fleet. Council Member Martin said the Council had previously asked whether brush truck drivers were being pulled off to fill vacancies on garbage crews. Mr. Leal replied that originally staff had told the Council that they were not being used on garbage crews but they corrected that statement to say that there are times when brush crews are used to fill garbage crew vacancies. Mr. Martin said another problem is that crews are not picking up everything that is set out within the five -can limit established by the ordinance. Mr. Leal acknowledged that there is inconsistency among the crews about what they will pick up. With regard to the light brush pickup on Wednesdays, Mr. Leal said they are supposed to be collecting small -diameter limbs (that are cut to less than five feet in length) and small pieces of furniture. Mr. Martin also asked about the possibility of establishing regional garbage drop-off sites. Mr. Leal said the concept has been discussed previously but there is a problem with controlling the types of materials that are dropped off. Mr. Martin stated that he would not support the proposal to add another brush crew because the current crews are not being used. Minutes Regular Council Meeting April 13, 1999 Page 3 Council Member Colmenero asked why the city does not have a defined brush collection schedule. Mr. Leal replied that the volume varies from year to year and it is hard to estimate. With regard to personnel issues, Mr. Leal said there are always vacancies --whether on the garbage side or the brush side --and some frequency of people being sick or injured, which fluctuates from day to day. Mr. Colmenero said the public is not getting the message about when their brush will be picked up. Mr. Leal noted that the PSAs are only two months old and it takes time to educate the public about issues such as this. He added that the areas in which brush collection crews will be working each week is now more narrowly defined, and that information is faxed each Friday to the media. Responding to another question from Mr. Colmenero, City Manager Garcia said if the city's crews are not capable of picking up the backlogged brush, the city will have to begin to contract out some of the work. He said staff will bring back a recommendation to the Council as soon as they can. Council Member McNichols discussed the immediate problem of the backlogged brush, as well as the issue of crews not picking up all the garbage that is placed on the curb. He also posed the idea of establishing a brief period of once -a -week garbage pickup until the backlogged brush is collected throughout the city. With regard to contracting out the work or other proposals, Dr. McNichols said the Council needs a solution brought to them that they can act upon. In reply to Council Member Betty Jean Longoria, Mr. Leal said that previously the crews would only pick up light debris on Wednesdays until about noon. However, they are now being asked to work eight hours on Wednesdays and they are instructed to pick up any material that is manageable by hand, which has tripled their collection amount. He said there have been some repercussions as a result, including some damage to the trucks. Mrs. Longoria also asked about the requirement that a citizen show a utility bill when he or she brings debris to the landfill. Mr. Leal replied that staff has been instructed that if the driver's license appears to be from a residential customer, he or she should be allowed to dispose of their trash without being charged. He added that the ordinance says the disposal and collection services do not include construction material, and there are different definitions of those materials. Mayor Neal commented that there is a problem with people not taking their construction materials to the landfill --instead they just pile it in front of their houses where it sits until the heavy debris collection crew can pick it up. City Manager Garcia said this city has a very liberal collection policy which very few communities have. Mr. Leal said that over time the city has been asked to pick up more and more types of materials. Mr. Garcia said another approach to take is to restrict what people can put on their curbs for collection and restrict when they can do that. Council Member Garcia said the city's regulations penalize people who trim brush for a living by charging them to dispose of it at the landfill. He suggested the city allow them to dispose of the brush for free for a certain period of time, such as one day out of the week, which would result in a cost savings to the city since city crews would not have to collect the brush. Minutes Regular Council Meeting April 13, 1999 Page 4 Council Member John Longoria suggested that the city sell the commercial haulers a one- year permit, which would allow them to dispose of debris at the landfill at no charge for that period of time. Mr. Longoria also asked about tire disposal. Mr. Leal said that last weekend the Great Texas Trash -Off was held, and previously the city held its own tire "round -up." In addition, the next household hazardous waste collection event will be held in May, at which time the city will accept tires, batteries, used oil and other products. Mr. Leal also discussed the Litter Critter program and he noted that trailer -mounted chippers are no longer being used on the streets since that program was not productive. Mr. Leal also discussed the concept of automated garbage collection, which staff has been evaluating for several months. He showed a brief video clip of automated collection. He said the time is right to consider this idea because approximately half of the present garbage fleet needs to be replaced. He said there is a potential for cost control and cost reduction, and since all of the work is done mechanically it results in a substantial reduction of physical injuries. In addition, the standardized collection container beautifies a neighborhood and helps prevent the garbage from being scattered by wind and animals. Mr. Leal discussed the limitations to the automated system, including oversized or excess materials not fitting into the container; the container being blocked by vehicles or trees; geographic limitations such as one-way streets; and no curb and gutter. In addition, the city does have some "back -door" collections, which would have to be dealt with differently. He said in order to evaluate the system, staff is proposing a limited pilot program and they are working with several cart and truck manufacturers to develop the scope of it. He emphasized that the city will not be changing any of the existing service levels or frequencies. The pilot program will probably consist of 1,500 to 2,000 homes, which will be provided with a 96 -gallon container at no cost for a duration of approximately four to six months. Mr. Leal said he envisions having one-man automated crews collecting garbage only; dedicated light debris crews using rear -loader trucks; and dedicated brush crews. If the decision is made to implement the automated garbage collection, he anticipates having a three-year phase-in period. Responding to Council Members Garcia and Colmenero, Mr. Leal said many of the automated garbage collection systems in use now provide a second container for a charge; the containers cost between $40 and $45. He reiterated that if the pilot program is approved, certain concerns will need to be addressed by working with customers, such as placing the container in the proper location along the curb and ensuring that the container is accessible. Mr. Leal said specific details about the cost of the pilot program will be brought back to the Council by the end of May. * * * * * * * * * * * * * The last presentation was an update on the city's potable water treatment process and Lake Texana Pipeline repairs. Minutes Regular Council Meeting April 13, 1999 Page 5 Mr. Ed Garafia, Water Superintendent, first addressed the city's water treatment process. He emphasized that city staff has been working with the Texas Natural Resource Conservation Commission. He said that throughout the period of time when some areas of the city experienced brownish or yellowish water, the water continued to be safe to drink, as it is today. Mr. Garafia explained some of the causes of the water color as he described the treatment process at the O.N. Stevens Water Treatment Plant. He noted that some changes in the treatment process have been required as a result of the 1996 amendments to the Safe Drinking Water Act, including the way city staff adjusts the pH in the drinking water and the point of application of the chemicals, which he explained. Mr. Garaiia also responded to Council members' questions about the treatment process. Mr. Garafia then gave an update on the Lake Texana Pipeline. He explained that the headworks at Lake Texana are owned and operated by the Lavaca-Navidad River Authority, and the city's portion of the pipeline extends from about 2,000 feet from the headworks into Corpus Christi. He said all six pumps at the headworks have been retrofitted and each one has been run individually with success. The next phase is to test how all of them run at the same time as well as test the Bloomington and Woodsboro pump stations. Mr. Garafia said the leaks in the pipeline have been corrected, and he explained the operations of the basins in relation to the water from the pipeline. Mr. Martin asked if there was an operating plan that describes how much water will be used from Lake Texana on an average day. Mr. Garafia said that on any day they do not want to exceed the ratio of 70% Lake Texana water to 30% Nueces River water, but he did not have a specific daily average, which varies depending on the time of the year. He added that the city is purchasing 41,840 acre-feet per year of Lake Texana water. Dr. McNichols said that Regional Water Planning Group "N" is in the process of developing an operating plan, which includes not only water blending concerns but also drought management policy. A discussion ensued. In response to Mr. Colmenero, Mr. Garafia further described the operation of the pumps on the pipeline. Upon verification by City Attorney Bray, Council Member Garcia noted that the city has not yet taken title to the pipeline. Mr. Bray explained that the city will be issued an inventory list and a certificate of completion. He said the Nueces River Authority Board will probably approve it during their meeting on May 14, 1999. Mr. Garafia added that the city will receive the records pertaining to the pipeline, which will be under the jurisdiction of the city's Water Department. Mayor Neal asked what constitutes the city's 12 -month window of taking 41,840 acre-feet of water from Lake Texana. Mr. Bray said he would have to look at the contract. Dr. McNichols pointed out that acquiring the Lake Texana water is one step in the process of ensuring that this region will have sufficient water resources for the future. A brief discussion ensued. City Manager Garcia noted that the Port of Corpus Christi Authority has HDR Engineering preparing the detailed operational plan, a draft of which is available. Mayor Neal said they have a Minutes Regular Council Meeting April 13, 1999 Page 6 fiduciary responsibility to take every acre-foot of Lake Texana water in each 12 -month period that is paid for under the contract. The City Manager said staff will need to come back with a separate presentation on the operating plan, which involves complex issues. Council Member Garcia asked when the raw water cost adjustment started, and Mr. Garana replied that it began in October 1998. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Richard Cavada, 1606 Craig St., said the Board of Commissioners and the Executive Director of the Housing Authority answer to the Mayor. He said the non-profit municipal employees face intimidation, no increase in decent wages, firings, and loss of jobs, and the citizens face fewer services and higher costs. He added that privatization is fundamentally flawed, which he says is illustrated by the Housing Authority of Corpus Christi. Mr. J.E. O'Brien, 4130 Pompano, said the cost of raw water has increased about 150% since the city started breaking it out on customers' utility bills. He referred to the minutes of the March 30, 1999 Council meeting regarding Item 17, and he asked whether two of the contract amendments discussed by Council Member Gonzales were for HDR and not Naismith Engineering. Mr. O'Brien also said he considers a presentation a "workshop," and he questioned if it is proper for the Council to vote on Item 5 on the day's agenda after the presentation they had on the brush collection. He also quoted from the Bureau of Reclamation's draft environmental assessment dated March 19, 1999 referring to "water delivery facilities," which referred to the pipeline "owned and operated by the City of Corpus Christi." Ms. Cruz Colomo, 6138 Camwood, said the city never should have gotten so far behind on the brush collection, adding that the persons in charge of department heads have to be accountable. She said that about three months ago she requested a report on the city's lobbyists, and she wondered whether that report has been received. She also said she hopes that restroom facilities will be available to campaign workers at the polling places during the upcoming runoff election. * * * * * * * * * * * * * Mayor Neal called for a short recess. Upon reconvening, the Mayor called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 2-15. Council members requested that Items 5 and 6 be withheld for discussion. There were no comments from the audience. Council Member John Longoria had a question about Item 2. Mr. Norbert Hart, Director of Housing and Community Development, said there are 28 inspectors in both Building Inspections and Minutes Regular Council Meeting April 13, 1999 Page 7 Code Enforcement. Referring to Items 7.a. and 7.b., Council Member Martin said the process involved was created several years ago and one of the architects of it was Mr. Gene Urban. He said that process moved development ahead in this city tremendously, and he suggested that the Council consider honoring the late Mr. Urban at an upcoming meeting with a resolution pointing out his contributions to the community. Mayor Neal agreed to do so. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M99-093 Motion approving the purchase of twenty-eight laptop computers from CompUSA, Corpus Christi, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total of $50,260. Funds have been budgeted by Housing & Community Development/ Code Enforcement and the Building Inspections Department in FY 98-99. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 3. M99-094 Motion approving a supply agreement with Carus Chemical Co., Ottawa, Illinois for approximately 70 cycle bins of potassium permanganate in accordance with Bid Invitation No. BI -0071-99 based on low bid for an estimated annual expenditure of $319,736.03. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 98-99 by the Water Department. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 4. M99-095 Motion approving a supply agreement with Pencco Inc., Bellville, Texas for approximately 2,070,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI -0064-99 based on only bid for an estimated annual expenditure of $505,080. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 98-99 by the Wastewater Department. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. Minutes Regular Council Meeting April 13, 1999 Page 8 7.a. M99-097 Motion approving the reimbursement application submitted by Shell Development Joint Venture, developer of Barclay Grove Unit 4 Subdivision, for installation of 844 linear feet of a 12 -inch water grid main upon final acceptance of the improvements. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 7.b. ORDINANCE NO. 023605 Ordinance appropriating $27,836.05 in the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse Shell Development Joint Venture, developer of Barclay Grove Unit 4 Subdivision, for installing 844 linear feet of 12 -inch water grid main. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 8. M99-098 Motion authorizing the City Manager or his designee to execute Amendment No. 2 in the amount of $63,500 to the contract for engineering services with Goldston Engineering Inc. for the force main repair and replacement project providing for Stage 2 design/construction Line "B" (Wooldridge Lift Station to Micheline Drive). The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 9. ORDINANCE NO. 023606 Ordinance closing and abandoning a 459.89 -square foot utility easement out of Lot 23, Block 2, Coco Palms Subdivision, subject to compliance with the specified conditions, and the owner, Chris Christensen, replatting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 10. ORDINANCE NO. 023607 Ordinance closing and abandoning a 761.59 -square foot utility easement out of Lot 24, Minutes Regular Council Meeting April 13, 1999 Page 9 Block 2, Coco Palms Subdivision, subject to compliance with the specified conditions, and the owner, Brad Zunker, replatting the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 11.a. ORDINANCE NO. 023608 Ordinance appropriating $333,745 from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 11.b. RESOLUTION NO. 023609 Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation program. The foregoing resolution passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 11.c. RESOLUTION NO. 023610 Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with Corpus Christi Independent School District to provide transportation services for Summer Recreation Program for a fixed rate of $2.14 per mile. The foregoing resolution passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 12. ORDINANCE NO. 023611 Ordinance appropriating $148,937 from the Unreserved Fund Balance in the No. 1050 Federal/State Grants Fund as State Fiscal Year 1999 Program Income to fund Environmental Health, Laboratory, and Nursing services, for the period September 1, 1998 to August 31, 1999. Minutes Regular Council Meeting April 13, 1999 Page 10 An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 13. ORDINANCE NO. 023612 Amending the Zoning Ordinance of the City of Corpus Christi, regarding telecommunica- tions towers. The foregoing ordinance passed on second reading by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 14. ORDINANCE NO. 023613 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 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 second reading by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 15. ORDINANCE NO. 023614 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 second reading by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. ************ * Mayor Neal opened discussion on Item 5, brush truck replacement purchase and additional Minutes Regular Council Meeting April 13, 1999 Page 11 brush crew costs. He asked if the city could use its commercial paper program to pay down some of its lease purchase costs. Assistant City Manager Jorge Garza replied that commercial paper is used strictly for utilities. Council Member Martin said that if passage of this item requires six votes, staff may wish to consider holding it because he plans to vote against it. City Manager Garcia said he could withdraw the item. Mr. Martin said he thought it would be a mistake to vote on this item until they have a plan. He said there is no problem with the replacement trucks that are budgeted, although the proposal is to use lease purchases for Solid Waste, which has sufficient cash. He added that the Council would be making a million dollar budgetary decision for next year if they were to approve an additional brush crew. Council Member McNichols said he had the same concern about the lease purchase aspect of the proposal, which the Council has discussed in the past. He added that this plan does not solve the problem of the brush collection they addressed earlier in the meeting. Responding to a question from Dr. McNichols, Mr. Leal said staff is proposing to purchase a rear -steer brush loader in lieu of the self-contained brush loading truck that was included in the budget. He said the rear -steer loader has a shorter delivery time than the self-contained loader. Mr. Martin asked if staff has considered refinancing all of the lease purchases, and Mr. Garza said they had not but they will consider it. City Manager Garcia said he will withdraw Item 5. 5.a. WITHDRAWN Scrviees hrthc 1998-99 Budget as Icasc/purchasc. 5.b. WITHDRAWN Motion approving thc purchase of one rear steer brush leader from Davis Truck & Lqu;pieer.t, Sat. AiBenierT-txus fertln. a...ew.t of $87,475 en thc basis of sole .ntniffaetttrer. The brush loader will be used by thc Solid Waste Services Department and is -budgeted as a five year lease/purchase. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, deferment agreement. Council Member Garcia asked if this was a standard agreement. City Manager Garcia said the city allows developers to set up this type of arrangement as long as the city is adequately protected and that the improvements will occur, which is the reason for the liquidity requirement. Minutes Regular Council Meeting April 13, 1999 Page 12 Mr. Jay Reining, Assistant City Attorney, said they are anticipating a September completion date on the off-site improvements. He said the developers have to post 110% of the estimated cost of the improvements, and if there is a cost escalation they would have to make up the difference. The City Manager added that either the developer completes the improvements or the city will complete the improvements for them using their money. Council Member Martin said this approach should be looked at in almost any development situation. City Secretary Chapa polled the Council for their votes as follows: 6. M99-096 Motion authorizing the City Manager or his designee to execute a deferment agreement with West Oso Independent School District that would allow the Director of Engineering Services/City Engineer to approve the final plat for filing for Kennedy School Tract, Blocks 1, 2 & 3 in advance of completion of seventy-five percent of the required public improvements by the developer, upon developer posting a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project; as authorized by Section V, Paragraph A, subparagraph 3.b. (3) of the Platting Ordinance. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper, Gonzales, and J. Longoria absent. Prior to opening discussion on Item 16, Mayor Neal asked Assistant City Manager Garza to look into refinancing the city's lease purchases as suggested by Council Member Martin. The Mayor then referred to Item 16 regarding the Janet F. Harte Public Library. He called for comments from the audience, and there were none. Mr. Herb Canales, Director of Libraries, explained that the gift agreement from Mr. and Mrs. Harte was executed last June and it contractually provided for a building of about 11,000 to 12,000 square feet. This proposal will provide for construction of a 13,300 -square foot building. He said the project is on schedule and in budget. Mr. Martin said the Council usually approves the design of a public facility before it is bid. Mr. Canales said he was not aware of that. Mayor Neal asked if the Library Board had approved the design, and Mr. Canales said they had. In addition, representatives of Flour Bluff Independent School District served on the building committee as per the original contract. Council Member McNichols said it is wise to provide the City Council with an opportunity to comment on a building's design. Mr. Martin also said the provision pertaining to contract terms cannot require a certain percentage of minority participation, as stated in the agenda material. Mr. Angel Escobar, Acting Minutes Regular Council Meeting April 13, 1999 Page 13 Director of Engineering Services, said the sentence in the material was incorrect; the contract document itself has goals for participation but there are no penalties involved. Responding to Council Member John Longoria, Mr. Canales said the existing Flour Bluff Branch Library shares space with a health clinic in a 4,000 -square foot facility. The space vacated by the library can be used for different purposes. City Secretary Chapa polled the Council as follows: 16.a. M99-099 Motion authorizing the City Manager or his designee to execute the gift agreement with the Corpus Christi Public Library Foundation Inc., which will provide $33,000 to the City for the construction of an exhibition gallery referenced as "Base Bid B" in the City's plans and specifications for the Janet F. Harte Public Library. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 16.b. ORDINANCE NO. 023615 Ordinance appropriating a grant of $33,000 from the Corpus Christi Public Library Foundation Inc. in the No. 3210 Library Capital Improvements Program Fund for the construction of an exhibition gallery referenced as "Base Bid B" in the City's plans and specifications for the Janet F. Harte Public Library; amending Ordinance No. 023474 which adopted the FY 98-99 Capital Budget to add $33,000 to the Library Program. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. 16.c. M99-100 Motion authorizing the City Manager or his designee to execute a construction contract with Progressive Structures Inc. in the amount of $1,424,700 for the Janet F. Harte Public Library. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, stormwater inlet cleaning. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting April 13, 1999 Page 14 17. M99-101 Motion approving a supply agreement with Miller Environmental Services Inc., Corpus Christi, Texas for storm water inlet cleaning in accordance with Bid Invitation No. BI -0081- 99 based on low bid for an estimated annual expenditure of $293, 787. 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 the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Storm Water Department in FY 98-99. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, timetable for the Annual Action Plan. There were no comments from the audience. The Mayor pointed out that the date for the public hearing has been changed to May 11, 1999. City Secretary Chapa polled the Council for their votes as follows: 18. M99-102 Motion amending the timetable for FY99 Consolidated Annual Action Plan that is the application for the Community Development Block Grant, Home Investment Partnerships and Emergency Shelter Grants programs. The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, purchase of vehicles. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes: 19. M99-103 Motion approving the purchase of ninety-three vehicles (sedan, pick-ups and vans) in accordance with Bid Invitation No. BI -0065-99, from the following firms based on low bid. The units are to be used by various departments and are budgeted in the 1998-99 Approved Capital Outlay List. Twenty-two units for the Maintenance Services Pool are to be funded through lease/purchase. Padre Ford, Corpus Christi Crosstown Ford, Corpus Christi 83 Units, $1,436,553.00 10 Units, $187,623.31 Total of Awards: $1,624,176.31 Minutes Regular Council Meeting April 13, 1999 Page 15 The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, publication notices for bond issue. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 023616 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 Improvements Bonds, Series 1999; and resolving other matters relating to the subject. The foregoing resolution passed by the following vote: Colmenero, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent. ************* Mayor Neal called for the City Manager's report. Mr. Garcia said staff is in the process of finalizing arrangements for the Council members' retreat scheduled for May 4-5, 1999. The Mayor then extended his appreciation for the contributions of the three outgoing Council members, Mr. Garcia, Mr. Martin, and Dr. McNichols. With regard to the next Council meeting on April 201h, City Secretary Chapa said he had discussed the issue with the Mayor and they are proposing to meet at 1 p.m. to canvass the returns and declare the results of the April 17`h runoff election, followed by speeches by the outgoing Council members Immediately thereafter the new Council will be sworn in and there will be a reception for both the outgoing Council members and newly elected Council members. Then after that the new Council will be seated and a regular Council meeting will be held. Mayor Neal called for Council concerns and reports. Mr. Martin said he had received correspondence from the U.S. Department of Housing and Urban Development concerning the Housing Authority. Mayor Neal said that correspondence was sent in error and the city is in compliance. Dr. McNichols said the Administrative Analysis Committee is scheduled to meet on April 14'h at noon and the main item on the agenda is an update on the disparity study. He wondered if an update could also be included on the Y2K issue. Mayor Neal noted that a Y2K summit is scheduled for June 15-17 to inform the public about different entities' preparedness for the year 2000. City Minutes Regular Council Meeting April 13, 1999 Page 16 Manager Garcia said that in order to include the Y2K topic on the agenda for the Administrative Analysis Committee, they would have to repost the meeting notice and wait 72 hours to hold the meeting. Council Member Garcia referred to a memo in the City Manager's report concerning the city's nepotism policy. He asked if a promotion situation at the Police Department was within certain guidelines. City Manager Garcia replied that the city is conducting an investigation into that situation at this time and there is a preliminary study that makes some conclusions about whether the nepotism rules were violated. Those conclusions have not been reviewed by the City Attorney; since they deal with personnel issues, they need to decide what is the best forum to discuss that issue. Council Member Garcia also asked about the memo regarding implementation hours for the PeopleSoft computer program, which the City Manager explained. Council Member Garcia requested an additional breakdown of the information, saying that it is important for the public to know the amount of money the city has had to spend to become year 2000 compliant. Council Member Betty Jean Longoria asked about the memo concerning use of the homes in Heritage Park. Mr. Garcia said there is an overall issue of the need for space for city departments, which staff will need to review with the Council. Mrs. Longoria said she thought the historic nature of the park should be maintained for tourism purposes. Council Member Colmenero said some trash cans on Kasper Street (on the baseball field) have not been emptied for some time. He also referred to the City Manager's memo on first aid equipment during IceRays' events, suggesting that consideration be given to requiring CPR and first aid certifications. He requested a status report on the convention center chillers and some related issues that need to be resolved. Mr. Martin referred to the memo in the City Manager's report on the estimated savings of the utility system refundings. He said the estimated savings of $378,225 over the life of the bonds on the advance refunding does not even pay for the cost of issuance. He added that typically present value savings far exceed up -front cash savings; when that does not occur, it means that the cash savings are at the end. Mr. Martin said he was surprised by the analysis since the market is attractive at this time. Assistant City Manager Garza said the debt service schedule does not push the payments out to the far end. Council Member John Longoria asked that the Risk Management Department prepare an update on the city's safety program. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:10 p.m. on April 13, 1999. * * * * * * * * * * * * *