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HomeMy WebLinkAboutMinutes City Council - 05/25/1999I 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 May 25, 1999, which were approved by the City Council on June 8, 1999. WITNESSETH MY HAND AND SEAL, this 8th day of June, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 25, 1999 2:20 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Javier D. Colmenero Melody Cooper Dr. Arnold Gonzales* Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. Assistant City Attorney Alison Gallaway Assistant City Secretary Mary Juarez Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Christos Matos, St. Nicholas Greek Orthodox Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Scott. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the Council's regular and workshop meetings of May 18, 1999. A motion was made and passed to approve the minutes as presented. City Manager Garcia commented that Council Member Gonzales was not present at the Council meeting because he had accompanied Mr. Garcia, Assistant City Manager Tom Utter, and City Attorney Bray to Austin to deal with legislative issues during the final week of the 1999 Texas Legislature. Mr. Garcia added that some very important items had been delayed until May 25th. (Dr. Gonzales arrived later in the Council meeting.) ************* Mayor Neal referred to the presentation on the day's agenda. Mr. Alex Harris and Mr. Lamont Taylor described the Year 2000 public forum that will be held June 15-17, 1999 at Selena Auditorium. They explained that the city has joined with several entities, including the Greater Corpus Christi Business Alliance and representatives from the local business, health, safety, educational and religious communities, to inform the public about the steps being taken to ensure a smooth transition into the next millennium. Topics to be covered include city, county and governmental services; health, food, money and fuel; and major employment industries and business. Minutes Regular Council Meeting May 25, 1999 Page 2 * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 310 Norton, addressed the following issues: remarks made by the City Manager during the Council retreat regarding public comments; annexation and related city services; and seismic testing. Mr. Ken Schena, 3151 E. Causeway, said that since 1985 he has operated a bait stand by the Portland Causeway. He said that until a few weeks ago there were trash receptacles by the boat ramp and around the parking lot which were serviced by Corpus Christi's Park and Recreation Department. However, said Mr. Schena, the city is no longer doing that and other garbage collection companies cannot access that area due to the one-way roads there. Mayor Neal asked Mr. Tony Cisneros, Director of Park and Recreation, to visit with Mr. Schena about his concerns. Ms. Thelma Dodson, 2135 Waldron Rd., commented on Item 14 on the day's agenda regarding a request to close a portion of the Annabelle Drive right-of-way. Ms. Dodson said she owns Pearson Tract 1 (which is adjacent to the subject property). She said that while she is not opposed to the applicant's request to close the two -foot portion of the street ROW (in order to accommodate the encroachment of a house into the ROW), she is opposed to any plans to close Annabelle Drive itself. Mayor Neal said the Council will take Ms. Dodson's comments into consideration when they discuss Item 14. Mr. Mike Baker, 4641 Gayle Circle, said that recently he was charged about $14 to dump fencing materials at the landfill, in addition to the monthly fee he pays for garbage collection at his home. He said that from now on he will pile such debris on the street as other people do. He said that issue needs to be addressed with creative ideas. Mr. J.E. O'Brien, 4130 Pompano, said the city staff failed to provide the City Council with complete information regarding the recent bond sale. He said in that bond sale, $26 million was designated to repair the Wesley Seale Dam. The low bid for the repairs came to about $16.4 million while staff's estimate for construction costs was approximately $20.6 million. In addition, Mr. O'Brien said the capital improvement budget (Water Project #47) shows construction of the dam repairs to be $21.8 million. He said the Council is considering a future bond election and the actions of city staff do not make a case for accountability or trust. Responding to Mayor Neal, City Manager Garcia said staff's estimate of the pre-bid budget for the Wesley Seale Dam project was $26,235,000. The city received favorable bids on the project, as it came in at $23,023,000, a savings of about $3 million. He said there is a 10 -year call on the bonds and the extra money can be used for debt service or for other utility projects. The Mayor then asked Mr. O'Brien where he got his figures, and he replied from the bid Minutes Regular Council Meeting May 25, 1999 Page 3 tabulation sheet. Mr. Garcia pointed out that it would be more appropriate to compare the engineer's estimate of the base bid of $19.9 million to the $16.4 million low bid that was received, which does not include contingency fees, design fees, survey requirements, construction inspection, quality control testing, administrative reimbursements, and bond issuance expenses. Mr. Abel Alonzo, 1701 Thames, said he attended the Crime Control and Prevention District joint meeting earlier that day and he criticized the board members. He said the City Council has a responsibility to appoint members of that board who are positive and proactive. Mr. Alonzo added that the idea of locating the Juvenile Truancy and Curfew Assessment Center at the Joe Garza Center will be very divisive. Mayor Neal replied that many of the board members are new and there was not as much confusion at the meeting as Mr. Alonzo thinks. He said the Council unanimously voiced their concern that it is time to move the Crime Control District to the next level and stay on schedule, and the Crime Control Board agreed that that is necessary. Ms. Kay Noyes, 930 Coral, discussed a situation in which she had purchased a specific kind of paint to paint a HUD house. She said there are other solutions that should be sought. Ms. Noyes said it would be beneficial for city employees to volunteer their time to the community. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 2-13. Items 6, 8, and 11 were withheld for discussion. Assistant City Secretary Juarez polled the Council for their votes and the following were passed: 2. M99-149 Motion approving a supply agreement with AC&W Radiator Service Inc., Corpus Christi, Texas for radiator repair for autos, pick-ups and trucks in accordance with Bid Invitation No. BI -0092-99 based on low bid for an estimated annual expenditure of $15,813.40. The term of the contract shall 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 Maintenance Services and the Fire Department in FY 98-99. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 3. M99-150 Motion approving a supply agreement with Gonzalez Tire Company, Corpus Christi, Texas for field tire repair service in accordance with Bid Invitation No. BI -0091-99 based on only bid for an estimated annual expenditure of $165,682. The term of the contract will be for Minutes Regular Council Meeting May 25, 1999 Page 4 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 Maintenance Services and the Fire Department in FY 98-99. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 4. M99-151 Motion approving the purchase of one 3/4 ton Chevrolet Suburban and two Ford Taurus sedans from the Houston -Galveston Area Council of Governments for the total amount of $57,866.53, based on the cooperative purchasing agreement between the City and HGAC. The vehicles will be used by the Fire Department -Emergency Medical Services. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 5. M99-152 Motion authorizing the City Manager or his designee to execute a maintenance agreement with Hewlett-Packard Company in the amount of $21,264 for maintenance of the hardware and operating system of the Municipal Court Management System, based on sole source. The term of the agreement is for 12 months. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 7.a. M99-154 Motion approving the reimbursement application submitted by Raymond Lopez, owner of Lot 1, Block 4, R.A. Rose Industrial Sites, for the installation of 223 linear feet of an off-site 8 -inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 7.b. ORDINANCE NO. 02-3643 Ordinance appropriating $10,102 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Raymond Lopez's reimbursement request for the installation of 223 linear feet of an off-site 8 -inch PVC sanitary sewer collection line to develop Lot 1, Block 4 of R.A. Rose Industrial Sites. Minutes Regular Council Meeting May 25, 1999 Page 5 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 9. RESOLUTION NO. 023645 Resolution authorizing condemnation proceedings by the City to condemn fee simple title to 19.023 acres out of the southerly half of Section 29, Laureles Farm Tracts, beginning approximately 350 feet south of the intersection of South Staples Street and County Road 43 to construct a water tower, water pipelines, road, and drainage improvements and for other municipal purposes from the owners: Joe E. Garrett, Linda Jamieson, and Susan Wright, who own an undivided 'A interest; Joseph Donald Cable, Partner, on behalf of Cable Farms II, Laureles Division, who owns an undivided 'A interest; and Christopher H. Cable, Managing Partner, on behalf of C.H. Cable Farms Partnership, who owns an undivided ''A interest. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 10. RESOLUTION NO. 023646 Resolution authorizing resale of nineteen properties shown on the attached and incorporated Exhibit A which were foreclosed upon for failure to pay ad valorem taxes and miscellaneous liens, for minimum opening bid amounts equal to prices listed on the attached Exhibit A. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 12.a. M99-155 Motion to amend ordinance prior to second reading by correcting clerical errors in Sections 102.3, 102.9, and 402.9. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 12.b. ORDINANCE NO. 023653 Revising Section 18-1, Fire Prevention Code of the City Code of Ordinances by incorporation of the Standard Building Code, 1997 Edition; providing for penalties and an effective date of July 5, 1999. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Minutes Regular Council Meeting May 25, 1999 Page 6 Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 13. ORDINANCE NO. 023654 Authorizing the City Manager or his designee to execute a five-year lease with the Corpus Christi Senior Softball Association for Kiwanis Softball Complex, in consideration of the Corpus Christi Senior Association maintaining the premises and improvements and operating a senior softball program. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. ************* Mayor Neal opened discussion on Item 6, ADA compliance at the Convention Center. Mr. Abel Alonzo said he is grateful that the city is trying to become ADA compliant, but he said the funding for those projects should not be taken from the CDBG program but rather from the General Fund. Assistant City Secretary Juarez polled the Council for their votes as follows: M99-153 Motion authorizing the City Manager or his designee to execute a contract in the amount of $59,500 with R.S. Black Civil Engineers & Contractors/Machinery & Materials Inc., a joint venture, for Americans with Disabilities Act (ADA) compliance at the Convention Center. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, hurricane preparedness public education program. Council Member Garrett asked who would be doing the public service announcements for this program. City Manager Garcia replied that the city already has PSAs that have been produced; the $1,000 grant funds will be used to buy the airtime on radio and television stations. Assistant City Secretary Juarez polled the Council for their votes as follows: Minutes Regular Council Meeting May 25, 1999 Page 7 8. ORDINANCE NO. 023644 Ordinance appropriating $1,000 from the State of Texas, Office of the Governor, Department of Public Safety, Division of Emergency Management, in the No. 1050 Federal/State Grants Fund to purchase air time to broadcast public service announcements on hurricane preparedness. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, updating the city's codes. Mr. Manuel Gonzales, a building inspector for the City of Corpus Christi, said he was concerned about approving this item, particularly that city inspectors are not authorized to conduct inspections for the Texas Department of Insurance (TDI). He said he was asking that Item 11 be tabled for further discussion, adding that while the proposed code is good there are other codes that can be adopted. He said the field inspectors are familiar with what is happening in this area. Mr. Gonzales also expressed concern about keeping information from the permits confidential and about refusals to issue a permit. Responding to Council Member Colmenero, Mayor Neal said there is only one windstorm code that can be considered. City Manager Garcia explained that there are codes that are appropriate to different geographic locations. For example, the Southern Building Code Congress International's (SBCCI) codes were developed for the climate of the southern United States. He added that some communities have opted for local building codes while the SBCCI codes staff is recommending are updated annually as new technology is implemented. In reply to another question from the Mayor, Mr. Norbert Hart, Director of Housing and Community Development, said all of the proposed codes have been approved by the appropriate city board or committee. Mr. Gonzales said they would like to adopt another code. Mayor Neal replied that Corpus Christi does not have an option about adopting any other windstorm code than the one established by the state. Mr. Garcia said the homebuilders would prefer that the city adopt a code that is consistent with other regions in the state. Council Member Scott said they did not make negative comments about the city's inspectors; in fact, they felt the opposite. He said after the legislative session they will pursue communications with the TDI Chairman about allowing the city's inspectors to conduct windstorm inspections. Minutes Regular Council Meeting May 25, 1999 Page 8 Assistant City Secretary Juarez polled the Council for their votes as follows: 11.a. ORDINANCE NO. 023647 Revising Section 13-1, Administration, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Code of Ordinances, City of Corpus Christi, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 11.b. ORDINANCE NO. 023648 Revising Section 13-2, Building Code, of the City Code of Ordinances, by incorporation of Southern Building Code Congress International (SBCCI) Standard Building Code, 1997 Edition, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 11.c. ORDINANCE NO. 02364' Revising Section 13-4, Gas Code, of the City Code of Ordinances, by incorporation of the SBCCI Standard Gas Code, 1997 Edition, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 11.d. ORDINANCE NO. 023650 Revising Section 13-5, Mechanical Code, of the City Code of Ordinances, by incorporation of the SBCCI Standard Mechanical Code, 1997 Edition, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. Minutes Regular Council Meeting May 25, 1999 Page 9 11.e. ORDINANCE NO. 023651 Revising Section 13-6, Plumbing Code, of the City Code of Ordinances, by incorporation of the SBCCI Standard Plumbing Code, 1997 Edition, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. 111 ORDINANCE NO. 023652 Adding Article XVII, to Chapter 55, Utilities, of the City Code of Ordinances, regarding grease interceptors and oil/sand interceptors, providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. * * * * * * * * * * * ** Mayor Neal opened discussion on Item 14, closure of a portion of Annabelle Drive right-of- way (ROW). He commented that Ms. Thelma Dodson had previously registered her opposition. Mr. Angel Escobar, Acting Director of Engineering Services, said he and Ms. Gallaway met with Ms. Dodson. He said she is not opposed to the proposed closing of a portion of the Annabelle Drive ROW as stated in the ordinance; however, she wanted to be on record that she is opposed to the closure of the entire street. The Mayor then called for comments from the audience. Mr. Earl Wallace, 500 Pearson Ave., said the two feet of ROW they would like closed is underneath his house and they are trying to rectify that. He added that they are not asking that the entire street be closed. There were no other comments from the audience. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member Kinnison, and passed (Gonzales absent). Assistant City Secretary Juarez polled the Council for their votes as follows: 14. ORDINANCE NO. 023655 Ordinance closing and abandoning a 315.22 -square foot portion of Annabelle Drive right-of- way as recorded by plat of Lot 1, Block 1, Pearson Addition, subject to compliance with the specified conditions, and the owner, Calvin Patrick, replatting the property within 180 days at his expense. Minutes Regular Council Meeting May 25, 1999 Page 10 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 15. Case No. 499-1, Tierra Development Enterprises, L.L.C.: A change of zoning from "B-3" Business District to "I-2" Light Industrial District on Brett Addition, Block 1, Lot 1, located on the southeast corner of South Padre Island and Flour Bluff Drives. Assistant City Secretary Juarez said the Planning Commission and staff recommended approval of the "I-2" District. No one appeared in opposition to the zoning change. Council Member Scott made a motion to close the public hearing, seconded by Council Member Kinnison, and passed (Gonzales absent). Council Member John Longoria asked to see the video of the subject property, which was explained by Mr. Michael Gunning, Acting Director of Planning and Development. He noted that the property was once the site of the Magic Isles outdoor amusement park, which closed in the early 1980s. He said he thought it had operated without any complaints from the nearby neighborhood and when it closed the special permit expired. He added that a ministorage facility buffers the property from the single-family residences further to the east. Mrs. Juarez polled the Council for their votes: ORDINANCE NO. 023656 Amending the Zoning Ordinance upon application by Tierra Development Enterprises, L.L.C., by changing the zoning map in reference to Lot 1, Block 1, Brett Addition, from "B- 3" Business District to "I-2" Light Industrial 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: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, amendments to the Code of Ordinances regarding seismic surveys. City Attorney Bray explained that when the city goes to approve a permit for drilling or exploration regarding mineral interests, it is in the business of regulating conflicts between property Minutes Regular Council Meeting May 25, 1999 Page 11 rights that people have. With regard to seismic activity, he said that currently the Petroleum Superintendent makes the determination about whether or not there is an undue risk to the public. He said it has been proposed that the Superintendent's decision be appealable to the Council, which can be brought by either the applicant or by an "affected person," which is defined as someone who appeared at the committee hearing and who, as a result of the proposed seismic activity, has suffered or may suffer actual injury or economic damage other than as a member of the general public. Mr. Bray went on to read other elements of the proposed substitute ordinance distributed to the Council: that the Superintendent shall send written notice of the determination to the applicant and to any affected person who provides their mailing or fax address to the Superintendent prior to the determination; that an appeal shall be filed with the City Secretary within 10 days of the date of written determination by the Superintendent; that the City Council shall hold a public hearing and render a decision within 30 days of the filing of an appeal; and a two-thirds vote of the City Council shall be required to reverse a determination of the Superintendent to grant a permit. Council Member Cooper said she is in favor of the proposed amendment because it does provide a right for appeal for landowners but it limits that right to when there is seismic activity. She said it also limits that right to "affected persons." She said the two-thirds vote of the Council is another safeguard, similar to the 20% rule in zoning cases. Council Member Scott said he was initially concerned about the proposed amendment contained in the agenda materials; however, he feels the substitute ordinance is more representative of the Council's wishes. He added that he does not believe this is an attempt to question the work of the Oil and Gas Advisory Committee nor is it an indictment of the industry. Council Member Betty Jean Longoria said she also supports the amendment, saying it gives the citizens an opportunity to work through the process. She said Council Member Gonzales wanted to convey his concern that the citizens have an opportunity to appeal a decision. The Mayor then called for comments from the audience. Mr. Richard Pittman and Ms. Cydney Farrar, President and Vice President of the Padre Isles Property Owners Association, said they strongly recommend that the Council approve the proposed amendment. He said they believe they are affected persons in the matter of seismic testing. Mr. Jack Gordy said he thought the words "affected person" should be changed to "property owners" because someone driving down the road might be affected. He said he agreed with Ms. Cooper that it should be like the 20% rule. Mr. Dan Winship, 13509 Queen Johanna, said he thinks the Council should rely on the expertise of the Oil and Gas Advisory Committee but the final decision should be the Council's. He said the property owners on Padre Island have a right to appeal decisions which could adversely Minutes Regular Council Meeting May 25, 1999 Page 12 affect the values of their homes. He said not allowing the appeal process would violate some of their property rights. Mr. Mo Morehead, 1818 Glenoak, said this can be a very emotional issue but he believes there are several rights at stake --not just those of the property owners. He said some people have had mineral rights for several generations. He asked the Council to consider this issue fairly and not politically. Mr. Jimmie Till, 6034 Lost Creek, said he is not opposed to the amendment but he believes people's mineral rights should also be protected. Mr. Jerry Dewbre, 5310 St. Andrews Drive, a petroleum engineer, said since 1982 about 36 seismic permits have been issued in Corpus Christi and he does not believe there have been any problems with safety or damages. He said primarily the Oil and Gas Advisory Committee has given good advice to city staff about limiting the permits where necessary and moving blasting points far enough away. He said he did not believe the ordinance should be amended, and he said it could be an obstacle to future development. Council Member Kinnison said he wants to protect the interests of both parties and the proposed amendment moves toward that. However, he said, he is concerned about politics becoming involved in the decision-making process that would come before the Council. He said he would like to change the two-thirds vote of the City Council to a three-fourths vote, which would increase the number from six people to seven. Council Member John Longoria said he would support Mr. Kinnison's suggestion. He said there has not been any evidence of property damage from previous seismic tests. He said the Council can ensure that they appoint qualified people to serve on the Oil and Gas Advisory Committee. *Council Member Gonzales arrived at 3:40 p.m. Responding to questions from Mr. Longoria and Mr. Colmenero, Mr. Bray said a person could go to court if they felt their rights had been violated. He said if the Council required a three- fourths vote rather than two-thirds, they would be giving more weight to the decision and technical expertise of the Petroleum Superintendent, who has received the committee's advice. Council Member Scott said he is aware of complaints regarding seismic testing. He said he will support changing to a three-fourths vote of the Council on this issue. He said he also believes the citizens should have the right to appeal. Replying to Council Member Betty Jean Longoria, Fire ChiefJ.J. Adame said he would have to research the issue of complaints about seismic testing but he did not believe there has been any damages associated with it. Mrs. Longoria said she is aware of complaints that have been made. Minutes Regular Council Meeting May 25, 1999 Page 13 Ms. Cooper said she would support changing the vote to three-fourths of the Council. Dr. Gonzales said he disagreed with an editorial in the newspaper, saying that although the Council members may not be experts, they have the right to hear appeals from citizens. Mr. Longoria made a motion to amend the proposed ordinance before them by substituting the draft discussed by Mr. Bray. Mayor Neal called for comments regarding the proposed change to a three-fourths vote of the Council. Mr. Winship said he thought the two-thirds requirement is stiff enough for the property owners to have to achieve for agreement by the Council. Mr. Pittman said he also supports the two-thirds requirement along with the appeal process. Mr. Till said he supports the three-fourths vote, noting his experience with seismic testing. Mr. Morehead said he agrees with the three-fourths vote, saying it will show support for the Oil and Gas Advisory Committee and help take politics out of the issue. Mr. Dewbre said he also supports the three-fourths vote. Mr. Longoria restated his motion to amend the proposed ordinance before them by substituting the draft discussed by Mr. Bray, seconded by Ms. Cooper. Mr. Kinnison made a motion to amend the two-thirds vote to a three-fourths vote, seconded by Mr. Colmenero. Assistant City Secretary Juarez said Council Member Garrett had informed her that he would be abstaining from voting on Item 16. Mr. Bray said there was not a legal conflict but he could abstain if he wished because he owns property on Padre Island. Mr. Garrett said he would cast a vote. Mrs. Juarez polled the Council on the motion to amend the ordinance to include a three- fourths' Council vote. The motion failed to pass by the following vote: Neal, Colmenero, Kinnison, and J. Longoria voting "Aye"; Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "No." Dr. Gonzales made a motion to substitute the ordinance with the proposal discussed by Mr. Bray, which includes a two-thirds vote of the Council; seconded by Ms. Cooper. Mrs. Juarez polled the Council for their votes as follows: 16. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ordinances, Chapter 35, Oil & Gas Wells, Section 35- 88, Seismic Surveys to include Council review of permit; providing for an effective date. Minutes Regular Council Meeting May 25, 1999 Page 14 The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "Aye"; Kinnison and J. Longoria voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, extension of contract for disparity study. Dr. Helen Gurley, Director of Human Relations, introduced Dr. Jon Wainwright, Research Associate Professor with the LBJ School of Public Affairs at the University of Texas at Austin, who is in charge of the study of minority-owned and women -owned business participation currently being conducted. Dr. Wainwright described in detail the status of the nine research -oriented tasks that are included in the study. He said once the tasks are completed, they will be submitted to the city in a written final report. The nine tasks are: prepare a legal overview; evaluate current city contracting and procurement policies; analyze current and historical city contracting and purchasing data; analyze small business formation and earnings; analyze findings from the Census Bureau's survey of minority-owned and women -owned business enterprises (MWBE); analyze disparities in private construction contracting; develop an availability and goals analysis; analyze anecdotal evidence of disparate treatment through a mail survey; and analyze historical information about minority and female participation in business enterprises in the Corpus Christi region. Dr. Wainwright added that in the course of conducting the study, a number of situations arose that delayed the study by a number of weeks and they are requesting an extension of the contract so they can complete the tasks and provide a report to the city. He said if the extension is granted, the contract would run through September 30th and they would anticipate submitting a draft report in late August with the final report in September. Dr. Wainwright briefly described three main reasons for their request for the extension. He added that they are not requesting additional money. Council Member Gonzales said he appreciates the detail the team members have provided in this project. At Dr. Gonzales' request, Dr. Wainwright further reviewed the fifth task involving an analysis of findings from the Census Bureau's survey of MWBEs. Council Member Betty Jean Longoria said she thought it was important for the Council to grant the extension. She also asked Dr. Gurley if she was now satisfied with the progress of the study, and Dr. Gurley replied that she was. Responding to Council Member Scott, Dr. Wainwright said the original scope of the study was to begin with the 1989-90 fiscal year; however, additional information that was discovered allowed them to go back further. He also discussed the sixth task involving an analysis of private construction contracting. Minutes Regular Council Meeting May 25, 1999 Page 15 Council Member John Longoria asked why the mail surveys for the eighth task went out late, which Dr. Wainwright explained. He noted that the study involved two surveys, one for the sixth task (private construction contractors) and one for the eighth task (MWBEs and non-MWBEs). He also discussed the issues of a business' qualifications and businesses which choose not to provide services to the city. In reply to Council Member Colmenero, Dr. Wainwright discussed his ideas for a presentation scheduled for October 12th. He said the remaining four tasks outlined in the contract follow the research phase of the study. He said to the greatest extent possible, those four tasks would be executed before the end of the study period; however, some of them will rely on the Council's direction, such as whether or not to develop a new MWBE ordinance. He noted that if the study found no evidence of a problem, the need to pursue tasks 10-13 would disappear. Mayor Neal recommended that Dr. Wainwright make his presentation on October 19th instead. Dr. Wainwright recommended that the Council encourage all of the stakeholders to be present at that meeting. Assistant City Secretary Juarez polled the Council for their votes as follows: 17. M99-156 Motion authorizing the City Manager or his designee to extend, at no additional cost to the city, the termination date of the interlocal agreement between the City of Corpus Christi and the University of Texas at Austin beyond the current contract date of May 31,1999. for a minimum of 90 days or a maximum of 120 days to conduct a disparity study of minority- owned businesses and women -owned businesses. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for a brief recess. ************ * Mayor Neal opened discussion on Item 18, supply agreement for natural gas. Ms. Debbie Marroquin, Gas Superintendent, said staff is proposing a two-year supply contract with options to extend for up to two additional 12 -month periods. She said the three bids received were from PG&E Reata Energy at a unit price per MMBTU of $2.025; Duke Energy Trading and Marketing, $2.273; and Enron Capital & Trade Resources, $2.355 for a two-year contract price and $2.237 for a four-year contract. She said staff is recommending the bid be awarded to PG&E Reata based on low price and conforming bid. Minutes Regular Council Meeting May 25, 1999 Page 16 City Manager Garcia said staff asked that the city's outside auditor, Collier, Johnson & Woods, verify Ms. Marroquin's calculations. He said they basically confirmed the volumes, reported totals, and daily cost calculations. Ms. Marroquin added that staff evaluated Enron's bid but deemed it to be non -conforming. She said it was based on a daily price versus a monthly price, which would create a volatile situation. She added that when staff goes out for bids again, they will examine the pricing tiers. Mayor Neal called for comments from the audience. Mr. Jim Ducote, representing Enron, said that even though there are some apparent price spikes in two or three days over the last few years, possible future spikes are very unpredictable. He said his purpose in addressing the Council is not to debate the pricing but rather to focus the Council's attention on the actual second source of the city's natural gas. He said every major city in the south is either dually or quadrupally connected to pipelines in the event there is a major catastrophe. Mr. Ducote commented on the electric deregulation bill in the Texas Legislature which, if passed, will result in electricity becoming very volatile. He said several power plants using natural gas are being planned in South Texas over the next several years. He urged the Council to consider their proposal of an alternate source for natural gas. Mr. Tony Chovanec, representing PG&E Reata, said they have a tremendous investment in providing energy to Corpus Christi. He said the city is their largest firm customer in the area and their South Texas operations district is headquartered in Corpus Christi; also, several of their employees are residents. He commended the city staff's efforts during this bid process, and he said his company will continue to earn the city's business. Assistant City Secretary Juarez polled the Council for their votes as follows: 18. M99-157 Motion approving a supply agreement for natural gas in accordance with Bid Invitation No. BI -0107-99 from PG&E Reata Energy, L.P., San Antonio, Texas, based on low bid. The term of the contract is two years, with options to extend for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or his designee. The estimated two year total expenditure is $16,200,000. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, reaffirmation of financial policies. Minutes Regular Council Meeting May 25, 1999 Page 17 City Manager Garcia explained that as the first step in the budget process, the Council has required that it reestablish its financial policies each May. He said when the Council originally established the policies in 1996, they set a goal of having a 4% ending fund balance at the end of six years. He said he is suggesting that the Council change that amount to 5%. Responding to Council Member Gonzales, Mr. Garcia said it is hard to predict how the increase to 5% will impact the city's bond rating. However, he said that as a result of the Council adopting a revised budget at the end of 1998, the city's outlook for both bond rating agencies was changed from "negative" to "stable." He said he believes the rating agencies recognize that Corpus Christi is not an affluent community in terms of public resources, and they feel 4% is a reasonable objective while 5% provides a higher comfort level. He referred to charts showing the five-year ending balances in the General Fund under both the 4% and 5% scenarios. Assistant City Secretary Juarez polled the Council for their votes as follows: 19. RESOLUTION NO. 023657 Resolution reaffirming financial policies to rebuild General Fund ending balances to prior year levels and to ensure that ending balances are maintained at acceptable levels in future years. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, contract for annual audit. He called for comments from the audience, and there were none. Responding to Council Member Betty Jean Longoria, Mr. Garcia said this is the last year the city will extend the contract; next year the city will issue requests for proposals. Assistant City Secretary Juarez polled the Council for their votes as follows: 20. M99-158 Motion authorizing the City Manager or his designee to execute a contract with Collier, Johnson & Woods in the estimated amount of $98,000 to perform the financial and compliance audit requirement for fiscal year ending July 31, 1999. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Minutes Regular Council Meeting May 25, 1999 Page 18 * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia reported that there was a fire on Padre Island and two fire fighters were injured and have been transported to medical facilities. Mayor Neal called for Council concerns and reports. Council Member Colmenero requested that staff provide a specific plan for privatizing the city's wastewater system, both partially and totally, as well as provide information about the regulations. Council Member Kinnison said he would like staff to provide a general workshop on privatization before they go into specific areas. He said he believes they need to examine privatization but the steps they take are very important. Council Member Betty Jean Longoria said she did not think the Council had given the City Manager clear direction on the privatization issue. Council Member Scott said he was not prepared to specify an area that should be examined for privatization, although it needs to be addressed as a general priority. Council Member Gonzales said the previous Council has discussed the privatization issue and they need to proceed. He said he did not want to wait another year while a city department is involved in reengineering its processes. He said he supports the idea of a workshop, and he commented that there is data available indicating that the city can save millions of dollars in such areas as water and wastewater privatization. Council Member John Longoria said he also supports the idea of having a workshop on privatization, which was one of the Council's goals. Council Member Garrett said the Council needs to move forward and examine the issue of privatization. Mr. Kinnison said that as part of the privatization workshop, the Council needs to focus on reengineering and the benefit that can be obtained from it. Mr. Colmenero said he thinks the process should move more quickly than a previous time line provided to the Council by staff. A brief discussion ensued about scheduling a date for a workshop on privatization and the issues to be discussed. Mr. Garcia commented that it is a very complex process. It was determined that a workshop will be held on July 20, 1999 beginning at noon. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 5:55 p.m. on May 25, 1999. * * * * * * * * * * * * *