Loading...
HomeMy WebLinkAboutMinutes City Council - 10/19/1999I 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 October 19, 1999, which were approved by the City Council on October 26, 1999. WITNESSETH MY HAND AND SEAL, this 26th day of October, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 19, 1999 2:04 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Melody Cooper Henry Garrett 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. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Mateo Rendon, Primera Iglesia Bautista, following which the Pledge of Allegiance to the United States flag was led by Council Member John Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 12, 1999 and the joint Council meeting of October 13, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Sam Wigginton, 5334 Gateridge, distributed pictures to the Council of excess brush on streets throughout the city. He suggested that brush be limited to bundles of three feet each and that trash is picked up on a timely basis. Mayor Neal noted that the city was making a concerted effort to deal with the brush problem. City Manager Garcia replied that the brush crews are working seven days a week and he said the city entered into an agreement with Nueces County to use some of their crews. Mr. Angel Escobar, Director of Engineering Services, added that the city will be utilizing crews from a commercial tree service. He further explained the agreement with the county. Several Council members commented on the brush and debris problem, which Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, addressed. Minutes Regular Council Meeting October 19, 1999 Page 2 Mr. Jack Gordy, 310 Norton St., contested statements made by City Manager Garcia about notifications being sent to developers and realtors about illegal signs in the rights-of-way. Mr. Gordy contended that the people placing signs in the ROWs have never been notified. He also referred to a copy of the property tax code regarding what he said were property taxes the Council members owed on their car allowances when they ran for City Council. *Council Member Gonzales arrived at 2:20 p.m. Council Member Garrett asked Mr. Garcia to respond to Mr. Gordy's statements. Mr. Garcia said city staff has sent over 50 letters to individual realtors. Mayor Neal added that the County Appraisal Office called him asking about the car he drives. He said he does not think he owes any taxes because he does not own that car. Mr. Jose Marroquin, 2433 Allencrest, said his utility meter was incorrectly read, resulting in an overcharge. He also commented on increases in the water and wastewater rates and urged the city to become more customer -oriented. Mr. Mike Baker, 4641 Gayle Circle, criticized the possible annexation of an area on Mustang Island between the city limits of Corpus Christi and Port Aransas. He said Corpus Christi's motivation for annexing it is revenues generated by that area, not the welfare of the people there. Mr. Jimmie Till, 6034 Lost Creek, asked why public comment will not be solicited on presentation items on the day's agenda. Mayor Neal replied that it is because the Council will merely be discussing those items. Mr. Abel Alonzo, 1701 Thames, commented on an encounter he had with some young men who were impressed with a presentation that he and Mayor Neal had made to young people. Mr. J.E. O'Brien, 4130 Pompano, said there was a rumor that the city had applied for a state grant to dredge Packery Channel. He also quoted a portion of the 1987-88 annexation plan for Rodd Field Village, and he commented on Ms. Jane Stubbs' bait stand agenda item. Mr. Tom Utter, Assistant City Manager for Development Services, said the city has not applied for the state grant referred to by Mr. O'Brien. He added that soon after the city annexed Rodd Field Village, city staff offered the property owners a utilities package but at that time they did not want to proceed. However, last week Council Member Kinnison and city staff again met with the property owners, who are considering a package for utilities services. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-12). City Secretary Chapa stated that Item 6 had been withdrawn by staff. Minutes Regular Council Meeting October 19, 1999 Page 3 Council Member Gonzales apologized for arriving at the meeting late. He explained that he had attended a memorial service for Dr. James Duff, who was a physician at Driscoll Children's Hospital. Council members and audience members requested that Items 7, 8 and 12 on the consent agenda be discussed. Mr. Chapa polled the Council for their votes and the following were passed: 2. M99-361 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $2,112,719.50 with Lambda Construction of New Braunfels, Texas for the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir Project: (Contract 3 - Pump Station and Site Work). The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 3.a. ORDINANCE NO. 023 799 Ordinance appropriating $30,000 from the Unreserved Fund Balance designated for the recodification of City Code in the No. 1020 General Fund to purchase an optical imaging system; amending Ordinance No. 023702, which adopted the FY99-00 budget by adding $30,000 to the No.1020 General Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 3.b. M99-362 Motion approving the purchase of LaserFiche Database Imaging Software from DynaSource, Beaumont, Texas in accordance with the State Cooperative Purchasing Agreement for the amount of $40,647. Funds are budgeted in the FY99-00 Amended Budget. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M99-363 Motion authorizing the City Manager or his designee to execute a contract in the amount of $45,866.76 for purchase of services from the State of Texas, Department of Information Resources, to provide computer maintenance to the Police Department's Digital Equipment Minutes Regular Council Meeting October 19, 1999 Page 4 Corporation (DEC) equipment being maintained by DEC under its computer services contract with the State of Texas. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye." 5.a. M99-364 Motion accepting a grant in the amount of $57,284 from the U.S. Department of Justice, Office of Community Oriented Policing Services for the 1999 TROOPS TO COPS grant. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5.b. ORDINANCE NO. 023 800 Ordinance appropriating $57,284 from the U.S. Department of Justice, Office of Community Oriented Policing Services in No. 1050 Federal/State Grants Fund for the 1999 TROOPS TO COPS grant. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6.a. WITHDRAWN Ordinance appropriating $127,314 in the No. 1050 Fcdcral/Statc Grants Fund from the Federal Aviation Adminiatration grant no. 3 48 0051 27 99 to purchase and install a high reach extendable turret system on an existing aircraft rescue fire truck. 6.b. WITHDRAWN an existing aircraft rcscuc fire truck from Crash Rescue Equipment Scrviec, Inc., in the mfrourtfittf--$4-4474607 9. ORDINANCE NO. 023803 Ordinance appropriating $50,256 from the Unreserved Fund Balance in the No. 1050 Federal/State Grants Fund as State Fiscal Year 1998-99 program income; and appropriating $143,260 from the unreserved fund balance in the No. 1050 Federal/State Grants Fund as State Fiscal Year 1999-00 program income for a total of $193,516 to fund environmental Minutes Regular Council Meeting October 19, 1999 Page 5 health, laboratory and nursing services, for the period September 1, 1998 to August 31, 2000. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. ORDINANCE NO. 023804 Establishing a Municipal Court Technology Fund; providing for the assessment and collection of a four dollar Municipal Court technology fee as a cost of court; providing for severability; providing for publication and effective date of December 1, 1999; and providing for expiration date of September 1, 2005. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. ORDINANCE NO. 023805 Amending Section 29-48, Municipal Court Building Security Fund and Security Fee as Cost of Court, to exclude parking citations and to provide that such fund may be used to finance continuing education on security issues for court personnel; providing for publication and effective date The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, master lease purchase agreement. Responding to Council Member Kinnison, Ms. Mary Sullivan, Finance Director, said staff can provide information on how the proposed lease purchases relate to the budget. Mr. Kinnison also noted that the city is financing over $9 million worth of items on a lease purchase payment, and he asked for a five-year schedule of lease purchase payments. City Secretary Chapa polled the Council for their votes as follows: 7. M99-365 Motion authorizing the City Manager or his designee to execute a master lease purchase agreement with Koch Financial Corporation for a one year term with a renewal option of one year. Minutes Regular Council Meeting October 19, 1999 Page 6 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, Cooper's Alley Street "L" Head bait stand. City Attorney Bray explained that the agreement with Ms. Jane Stubbs for the bait stand called for the city to pay $150,000 for the bait stand construction. If the bid exceeded that amount, the contract provided that Ms. Stubbs could pay the additional amount. For each $5,000 she paid, she would receive a one-year extension on the lease. He said the agreement also contemplated that Ms. Stubbs would have $40,000 for that purpose. However, the low bid came in at $220,000, which is a total of $70,000 more. Mr. Bray said Ms. Stubbs had tendered a letter of credit for the full $70,000 but the preferable option for the additional $30,000 is to allow it as a deduction on her rent. He said her accountant has calculated that to be $622 a month for a five-year loan at 9% interest. He added that staff will bring it back to the Council soon. Responding to Council Member Colmenero, Mr. Bray said Ms. Stubbs' attorney proposed the financial arrangement and staff believes it is a good resolution to the situation. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 023801 Ordinance appropriating $364,488 from the Unreserved Fund Balance in the No. 4700 Marina Fund to construct the Cooper's Alley "L" Head bait stand, boater's facility, and public restrooms; amending Ordinance No. 023702, which adopted the FY99-00 Budget, by adding $364,488 to the No. 4700 Marina Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8.b. ORDINANCE NO. 023802 Ordinance appropriating $70,000 from the lessee, Patricia Jane Stubbs, in the No. 4700 Marina Fund to partially fund construction of the Cooper's Alley "L" Head bait stand; amending Ordinance No. 023702, which adopted the FY99-00 budget, by adding $70,000 to the No. 4700 Marina Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting October 19, 1999 Page 7 8.c. M99-366 Motion authorizing the City Manager or his designee to execute a construction contract with Sal -Con Inc. in the amount of $345,000 to construct the Cooper's Alley "L" Head bait stand, boater's facility, and public restrooms. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 12, transportation terminal operation. City Manager Garcia explained the significance of this lease agreement. He said Airborne Freight Corporation is entering into a lease agreement to construct a hangar at the city's airport and they will be the first company in Corpus Christi to offer true overnight air freight service to virtually anywhere in the world. He said they were scheduled to hold a press conference following the Council's approval of that item. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 023806 Authorizing the City Manager or his designee to execute a fifteen year lease with MDC Inc. (MDC), with three 5 -year options to renew, for 82,064 square feet fronting Pinson Drive on the west side of the Airport, with the right to lease an additional 13,280 square feet, to construct a transportation terminal, in consideration of MDC paying .120 per square foot of improved areas and .05¢ per square foot of unimproved areas, adjusted every three years; authorizing a sublease from MDC to Airbome Freight Corporation to operate a transportation terminal. The foregoing ordinance passed on second reading 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 referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 13. Case No. 899-3 Valerie R. Goodwin: A change of zoning from an "R -1A" One -family Minutes Regular Council Meeting October 19, 1999 Page 8 Dwelling District to an "R-2" Multiple Dwelling District on Edgewater Terrace, Block 13, Lot 4, located on the northwest corner of Rio Vista and Country Club Drives. City Secretary Chapa said the Planning Commission and staff recommended denial of the "R-2" District, and in lieu thereof, approval of a special permit for a second dwelling unit subject to a site plan and four conditions. No one appeared in opposition to the zoning change. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 023807 Amending the Zoning Ordinance upon application by Valerie R. Goodwin, by granting a special permit for a second dwelling unit subject to a site plan and four conditions to Lot 4, Block 13, Edgewater Terrace; 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, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 14. Case No. 999-7, Calvin d Renee Self: A change of zoning from an "A-1" Apartment House District to an "I-2" Light Industrial District on Self Tract, Block 1, Lot 1, located on the southwest comer of Graham and Humble Roads. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof, approval of a special permit for an enclosed boat barn facility subject to a site plan and four (4) conditions. No one appeared in opposition to the zoning change. Council Member Scott made a motion to close the public hearing, seconded by Council Member John Longoria, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023808 Amending the Zoning Ordinance upon application by Calvin and Renee Self, by changing the zoning map in reference to Lot 1, Block 1, Self Tract by granting a Special Permit for an enclosed boat barn facility subject to a site plan and four conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Minutes Regular Council Meeting October 19, 1999 Page 9 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Before considering Item 15, Mayor Neal asked Mr. Utter to clarify an answer given to Mr. O'Brien's previous question about whether the city had applied for a state grant to dredge Packery Channel. Mr. Utter stated that technically the city did not apply for the state grant. He said the city had submitted a project proposal to the General Land Office's coastal erosion program for Corpus Christi Beach, but there was an additional project submitted by Nueces County which the city has endorsed. The Mayor then referred to Item 15 regarding the following zoning cases: 15. Case No. 899-9, Chester C. Coker (Tract 2): A change of zoning from an "F -R" Farm -Rural District to an "I-2" Light Industrial District on Russell Farm Blocks, all of Lot 5 and portions of Lots 4 and 6, located on the east side of Heinsohn Road approximately 1,640 feet north of Bear Lane. Case o. 9 9-10. Chester C. Coker (Tract 1): A change of zoning from an "F -R" Farm - Rural District and an "R -1B" One -family Dwelling District to a "B-3" Business District on Russell Farm Blocks, east 8.37 acres out of Lot 6, located on the southwest corner of Bates Drive and South Padre Island Drive. City Secretary Chapa said the public hearing for those zoning cases had been opened last week and the cases were tabled until this meeting. He said the Planning Commission recommended approval of the "B-3" District (Tract 1) and denial of the "I-2" District (Tract 2), and in lieu thereof, approval of a special permit for "I-2" District permitted uses subject to a site plan and five conditions, pertaining to street right-of-way dedication and construction. Mr. Chapa said staff's recommendation was approval of the "B-3" District (Tract 1) and denial of the "I-2" District (Tract 2), and in lieu thereof, approval of a special permit for "I-2" District permitted uses subject to a site plan and five conditions pertaining to street right-of-way dedication. Council Member Kinnison made a motion to remove the item from the table, seconded by Council Member Colmenero, and passed. Mr. Chapa noted that Council Member Gonzales had filed a disclosure affidavit and would abstain from discussing or voting on Item 15. Mr. Utter said Mr. Coker is in support of staff's recommendation. No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Kinnison and passed. Minutes Regular Council Meeting October 19, 1999 Page 10 Mr. Michael Gunning, Director of Planning and Development, explained the two requests for zoning changes for Mr. Coker's planned water park on the subject properties. He also showed pictures of the adjacent land uses and described the five conditions being recommended, which have to do with access and road dedications. In addition, staff is also recommending that there be a use privilege agreement (that will come to the Council at a later date) that will allow Mr. Coker to install a private driveway for future access to the water park on the west side. Mr. Chapa pointed out that the ordinance on the agenda was the Planning Commission's recommendation. If the Council wished to support the staff' s recommendation as contained in a separate ordinance, they would have to amend it. Mr. Longoria made a motion to amend the ordinance, seconded by Mr. Colmenero, and passed (Gonzales abstaining). Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 023 809 Amending the Zoning Ordinance upon application by Chester C. Coker, by changing the Zoning Map in reference to Lots 5 and 6 and the west portion of Lot 4, J. C. Russell Farm Blocks from "F -R" Farm -Rural District and "R -1B" One -family Dwelling District to "B-3" Business District on Tract 1 and granting a special permit for those uses permitted by right in the "I-2" Light Industrial District on Tract 2 subject to a site plan and five conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales abstaining. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was made by Council Member Gonzales, who presented checks from an anonymous foundation in the amount of $18,000 to the Gulf Coast Humane Society and $12,000 to the Animal Control Department. Dr. Nina Sisley, Director of Public Health, said they plan to improve and prolong the lives of some of the adoptable animals by purchasing tick -control collars, immunize the dogs against certain diseases, and hold them for at least seven days so the Humane Society can accept them. Mr. Denny Bales said they are in the process of working with the Animal Control Facility in daily transporting smaller, adoptable animals to the Humane Society. Dr. Sisley and Dr. Pamela Smith, a member of the Animal Control Advisory Committee, thanked Dr. Gonzales and the anonymous donors for their support and assistance. The second presentation was made by members of the Millennium Celebrations Committee. Ms. Lena Coleman, Ms. Barbara Black and Mr. Alex Garcia described several aspects of the Minutes Regular Council Meeting October 19, 1999 Page 11 celebrations that are planned for the millennium. Unique elements include a daytime fireworks display, a labyrinth, a time capsule, and New Year's Eve events on both December 31, 1999 and December 31, 2000, as well as throughout the year. They also commented on the need for sponsors, and they thanked Southwestern Bell for their support. The third presentation was regarding the privatization option for city utility services. City Manager Garcia said this was the second part of a presentation that began last week when staff discussed the re-engineering option for the city's utilties. Mr. Chris Malinowski, Director of Business Development for United Water, gave a computer presentation detailing his company's proposal. First he reviewed the presentation he and Mr. Mark Halleman, Vice President of Business Development, made to the Council on July 20, 1999. He said their proposal consists of the private management of the entire water system, wastewater system, utility billing office, and stormwater system. However, it does not include engineering, the capital improvement plan, financing, and water resources. In addition, the city would retain responsibility for ownership of the system, rate setting, strategic planning, and policy decisions. Mr. Malinowski said that by privatizing the city's utility operations through United Water, the annual savings are estimated to be 25% to 40%; the level of service would be equal to or better than it is now; there would be a guarantee of no layoffs; and United Water would guarantee performance and cost. Mr. Malinowski also referred to a slide that had been discussed last week regarding the potential impact on the General Fund of $3,275,253. He said those are services that are currently being purchased by the enterprise fund to other funds. He said if it can be justified today, there is no reason that it cannot be justified in the future with re-engineering or private operations. Mr. Halleman said both the public sector (city staff) and the private sector (industry representatives) have the same goal of providing a high level of service in the most cost-effective manner. He said United Water believes that managed competition can be accomplished in Corpus Christi by introducing market forces, allowing re-engineering, and allowing private bids. He said the benefits of managed competition include: employees and private firms are both able to bid on the same scope of services; employees have guaranteed salary and benefits; and it achieves maximum, immediate, guaranteed savings. Mr. Halleman said United Water was recommending that the City Council approve a motion initiating managed competition on the entire water and wastewater systems; define a level of service; hire an RFP consultant (the fee would be paid by the successful bidder); and provide city staff with a re-engineering consultant. Responding to Council Member Kinnision, City Attorney Bray said that if United Water Minutes Regular Council Meeting October 19, 1999 Page 12 continued to purchase services from the city, those costs could be justified on the same basis as they are currently. Consequently, there would not be a transfer between funds but a purchase of services, which would not conflict with City Charter provisions. He said under that scenario the General Fund would be made whole. Mr. Kinnison asked about the self-insurance line item, and Mr. Bray replied that all of the purchased services would have to be analyzed by a financial specialist Mr. Jerry Coffey, Regional Vice President of U.S. Filter Operating Services Inc. and Professional Services Group Inc. (PSG), and Ms. Vilma Luna, attorney for U.S. Filter and PSG, were the next representatives to address the Council. Mr. Koffey explained that PSG's parent company, Vivendi Water, purchased U.S. Filter for approximately $6.2 billion. U.S. Filter then merged with PSG, making Vivendi Water the world's largest water services company. Mr. Coffey said three options the city has are: do nothing but implement budget cuts and hope for more output and efficiency; perform re-engineering for a fixed time on the utilities; or contract it out. He said another option is a combination approach, in which the city would contract out either the difficult plants or aspects of the system that would show examples of how the rest of the city staff could implement improvements. During the process of contract operations, city staff would be allowed to observe those operations in a detailed manner. He said that approach would also allow for simultaneous, ongoing re-engineering efforts. Mr. Coffey discussed challenges the city may face in implementing re-engineering efforts, such as accessing outside technical experts for no extra cost; using real savings to pay for long-term changes; minimizing risks for new approaches based on experience; obtaining bigger discounts through increased purchases; rewarding employees who do better than others; and hiring and promoting staff outside the normal pay scales. Mr. Coffey said that a way to avoid the conflict with the transfer of funds from the General Fund would be to contract some or all of the operating plants. He said if U.S. Filter/PSG were given the contract to operate just the water treatment plant or a wastewater treatment plant, they would want to ensure that cost-saving suggestions are shared with the rest of the city organization. He added that during an emergency, his company allows the employees (other than those critical to the operation of water and wastewater) to report to the City Manager or the Emergency Services Coordinator. Mr. Coffey also discussed the importance of being fair to the employees and formalizing preventive and predictive maintenance of the facilities. Mr. Malinowski, Mr. Halleman, Mr. Coffey, and Mr. Bray then responded to several questions from the Council members on a variety of issues, including guarantees of no layoffs, relationship to the retirement system, legal issues, future construction projects, existing fleet inventory, and management mobilization. Mr. Jorge Garza, Assistant City Manager for Administrative Services, also explained that city staff prepares the cost allocation plan, which is annually reviewed during the budget process by Minutes Regular Council Meeting October 19, 1999 Page 13 KPMG. Council Member John Longoria said there are many questions about the cost allocations under a privatized scenario, and he suggested that KPMG review the proposals made by the private firms and report back to the Council with their findings. Responding to Mr. Longoria, Mr. Garcia reiterated the recommendation he made at last week's Council meeting with one modification. He said he is committed to the competitive bid process and he is suggesting that the city bid out the operation of all five of its wastewater treatment plants (rather than just one as he had discussed last week) and the Stevens Water Treatment Plant. In order to prepare for that process, he said the city needs to become more competitive by re- engineering the water and wastewater utilities for 12 months. A discussion ensued about the $3.2 million impact on the General Fund. Mr. Coffey and Mr. Malinowski then further responded to Council members' questions regarding staffing, cost savings and allocations, and managed competition. In reply to Mayor Neal, Mr. Garcia said staff will ask KPMG to provide additional information about the cost allocations and the time frame involved. * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071, regarding the following cases against the City of Corpus Christi et al in the United States District Court for the Southern District of Texas, Corpus Christi Division: William Bussey No. C- 99-171, John Betz No. C-99-133, Arnulfo Guerrero, Jr. No. C-99-143, Mark Schauer No. C-99-144, Charles Bartels No. C-99-158, William Livingston No. C-99-159, Duane Pacheco No. C-99-168, Gilbert Garcia No. C-99-170 with possible action thereon in open session. He said the closed session regarding the lease agreement with Patricia Jane Stubbs did not need to be held since Item 8 was approved on the day's agenda. The Council went into closed session. The Council returned from closed session. Mayor Neal made the following motion, which was seconded by Council Member Scott: N.1. M99-367 Motion authorizing the City Manager to employ Jorge Rangel to represent the city in the following cases against the city in the United States District Court for the Southern District of Texas, Corpus Christi Division: William Bussey No. C-99-171, John Betz No. C-99-133, Amulfo Guerrero, Jr. No. C-99-143, Mark Schauer No. C-99-144, Charles Bartels No. C-99- 158, William Livingston No. C-99-159, Duane Pacheco No. C-99-168, Gilbert Garcia No. C-99-170 at an hourly rate of $125.00. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Kinnison, and Scott voting "Aye"; Garrett, Gonzales, B. Longoria, and J. Longoria absent. Minutes Regular Council Meeting October 19, 1999 Page 14 * * * * * * * * * * * * * The fourth presentation was an overview of the city's Internet site. Ms Susan Cable, Director of Communications and Quality Management, said staff began working last spring on formulating and standardizing the city's Web page. She noted that there are four main categories on the Web page: city government, city services, tourism and business, and city news. Ms. Cable then reviewed each of the Council members' Web pages, pointing out that they have total flexibility in the type of information they wish to include on them, such as links to other Web pages. Also, each of the Council members' pages have a link to the progress report on Council goals, which are the 24 priority issues the Council identified during their planning retreat last May. Ms. Cable said the Internet site and a new software program also address citizen inquiries, problems, and complaints, and provides information about multiple city services and departments. She said that this month the city's Web site has received over 3,300 visits a day, which points to the tremendous potential the city has in providing information over the Internet. Regarding the Council priority issues, Ms. Cable referred to a report which highlighted the status of each of those issues, including solid waste, airport, street maintenance and others. Council Member Scott then discussed options for the Council vision statement. He explained that he developed the two options for the vision statement based upon the Council's discussions during their planning retreat and after viewing what other cities have developed. He said he felt the vision statement needed to have a view point or frame of reference (Option 1 makes the statement as a goal; Option 2 makes the statement as if it has happened). In addition, the vision statement needed to be attainable and centered on the things the Council can reasonably control. Council Member Garrett made a motion to accept Option 2, but the motion died for lack of a second. Following a brief discussion, Council Member Kinnison made a motion to accept Option 1, seconded by Council Member Colmenero. Council Member Gonzales suggested that the phrase in Option 1 "especially our youth" be deleted. There was consensus of the Council to delete that phrase. Mayor Neal then called for a voice vote on the motion to accept Option 1 as follows (and as modified), and the motion passed: "Vision Statement for the 1999-2001 City Council: To make Corpus Christi one of the most liveable communities in America. To create a vibrant, progressive, clean city that rejoices in its diversity. To keep our citizens safe and secure, and provide an abundance of economic development opportunities while paying special attention to our unique environment." * * * * * * * * * * * * * The fifth presentation was an update on the golf course request for information (RFI) process. Mr. Tony Cisneros, Director of Park and Recreation, explained that the Oso Beach Municipal Golf Course averages 65,000 rounds of golf per year, while the Gabe Lozano Sr. Golf Center averages Minutes Regular Council Meeting October 19, 1999 Page 15 56,000 rounds per year, and the nine -hole executive golf course averages 23,000 rounds. He said in Texas, an average golf facility has about 45,000 rounds per year, which illustrates the need for a third municipal golf course. Mr. Cisneros said the proposed site for the new golf course is part of the J.C. Elliott Landfill area, which consists of 308 acres south of the Oso Creek corridor. The area is zoned "F -R" which allows it to be used for public parks and golf courses. Currently, 20 acres of the site are being used for the city's composting and mulching operations. Mr. Cisneros said four uses are being planned for the 308 -acre site: as a source of cover soil for the future closing of the landfill; expanded composting and mulching operations; birdwatching and wildlife observation areas similar to the Suter Wildlife Refuge; and a golf facility consisting of an 18 -hole course and an executive course. Mr. Cisneros said the golf facility envisioned would cost $3 million to $4 million, and staff is proposing a public-private partnership in which the use of the public land would be coupled with private funding and other resources to design, construct, and operate the facility. He said the public- private partnership proposal has been endorsed by the Greens Subcommittee and the Park and Recreation Advisory Committee. He explained that the first step is to determine the amount of interest for a public-private partnership. Staff plans to send out a packet of information to venture capitalists, golf course developers, and privately operated golf courses. The city's contribution, in addition to the land, would be the use of treated effluent to irrigate the golf course and other infrastructure improvements. The Park and Recreation Director said staff expects to receive responses from interested parties by the end of the year and then they will evaluate the responses and narrow the finalists to three or four. The finalists will be asked to submit a more definite proposal within 60 to 90 days, and then staff will choose one finalist and ask the Council to allow them to proceed with final negotiations and a contract by June 2000. Responding to Council Member Scott, Mr. Cisneros said the available funding for the new facility is about $250,000. Council Member Gonzales asked what is the most expensive aspect of a new golf course. Mr. Cisneros replied that the major cost is the construction. He also further explained the operation and maintenance costs. Council Member Colmenero asked about planned development in the surrounding area, and Mr. Cisneros said the proposed extension of the Crosstown Expressway is planned on the east boundaries of the site. *********** * The sixth presentation regarded the downtown drainage implementation and improvement study. Mr. Pat Veteto of RVE Inc. introduced Mr. Dennis Miller, Project Manager; Mr. Randy Thompson, who assisted Mr. Miller with the computer modeling; and Mr. Mody Boatright, who assisted with the evaluation of the pump stations. Minutes Regular Council Meeting October 19, 1999 Page 16 Mr. Veteto explained that two years ago RVE was asked by the city engineering staff to investigate the causes of flooding that had occurred during a severe rain storm on April 3, 1997. During that storm, several downtown ground floor businesses flooded, some approaching one foot in depth. It was determined that the April 3rd storm had exceeded a 25 -year event. Other contributing causes of the flooding were a number of malfunctioning check valves and an unsecured manhole on a pressure line that allowed stormwater to backflow into the streets. He said those mechanical problems have since been corrected. Mr. Veteto said subsequent to that initial investigation, RVE was asked to conduct a more detailed analysis of the entire central business district storm sewer system, consisting of 833 acres in both uptown and downtown. RVE was also asked to develop a master drainage plan for the area as well as suggest an improvement implementation plan for system inadequacies if any were found. Mr. Veteto pointed out that the downtown drainage system is not broken --it is simply performing at a certain level of service, which he explained. He noted that the rainfall intensity of a five-year storm is 4 inches per hour; a 25 -year storm is 6 inches per hour; and a 100 -year storm is 7 inches per hour. He said their findings indicated that in most cases, there are enough curb and grade inlets to accommodate a 25 -year storm and the pump stations will accommodate a 100 -year storm at current development levels. However, approximately 60% of the underground piping in the system is inadequate for even a two-year storm, which can cause the stormwater to stack up in the streets and flood adjacent structures. Mr. Veteto said RVE believes a reasonable level of service for the central business district and residential areas is a five-year storm event as is the current policy in other areas of the city. In addition, they recommend a level of service for a 25 -year storm event in commercial areas, which would provide added protection in critical downtown areas He noted that level of service is a policy decision, not an engineering decision. Mr. Miller then presented a detailed summary of RVE's findings and their implementation plan reconunendations, including several system improvements totaling about $30 million over the next 10 years, which would improve levels of service and system reliability. Mr. Miller said that along with the implementation plan goals, certain project constraints were identified as well: to identify and prioritize CIP projects to be implemented within five years not to exceed $15 million; to identify and prioritize CIP projects to be implemented beyond five years not to exceed $15 million; and to minimize disruption to downtown businesses and traffic. Mr. Miller referred to a list of eight drainage CIP projects that were identified for immediate implementation, estimated to cost $7.65 million plus utility adjustments. In addition, nine intermediate CIP projects were identified to be implemented within five years at a total cost of approximately $5.04 million plus utility adjustments; the total cost of all 17 CIP projects is about $12.7 million (including a small inflation factor) plus utility adjustments. Minutes Regular Council Meeting October 19, 1999 Page 17 Responding to Mayor Neal, City Manager Garcia said staff will need to prioritize the projects and work them into the city's CIP. He said the way stormwater projects are paid for now is through the water rates, so staff would recommend a series of rate increases to fund the projects. Mayor Neal asked if any of the seawall repairs could be included in the stormwater CIP. Mr. Escobar replied that a small project, the stormwater flapgate replacement, is included in the proposed plan for the seawall. The Mayor then asked if the entire seawall rehabilitation project could be considered a stormwater project. City Attorney Bray replied that staff had looked into that and determined that it was hard to fit it within the definition of a stormwater utility. Mayor Neal said he was interested in looking at it as a stormwater project rather than in the context of a utility, and Mr. Bray said he can further investigate that possibility. In response to Council members' questions, Mr. Miller said he did not think there were any life-threatening situations associated with the needed drainage improvements, other than the flooding that has occurred in the downtown area in the past. He added that the large majority of the cost involves digging up the street and replacing the pipe with a larger one or installing a parallel pipe adjacent to it; also, some of the money is to upgrade the pump stations. Mr. Escobar said staff had talked with representatives of the U.S. Corps of Engineers and other federal agencies regarding the seawall repairs and at this time they have not found any way to make the seawall part of the federal system. There is a lengthy process involving Congress for the seawall to be taken on as a federal project. However, the Corps of Engineers has been included as a peer review to the seawall. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, Shoreline Boulevard artwork. Council Member Gonzales commented on the children's park near Memorial Coliseum, saying it is a dangerous location and should be fenced. Mr. Cisneros said staff will investigate it. Referring to Item 16, Mr. Dan Whitworth, Assistant Director of Programs in the Park and Recreation Department, explained that for more than 10 years the city's Arts and Cultural Commission (ACC) --formerly the Municipal Arts Commission --has envisioned placing a monumental sculpture at the entrance to the city where IH -37 joins Shoreline Boulevard. In order to accomplish that, the ACC, with the approval of the City Council, annually sets aside funds in the Permanent Art Trust Fund. That fund has gradually accrued enough money, approximately $215,000, to commission a notable piece of artwork. Mr. Whitworth said that a nine -member artist selection panel for the bayfront project was recommended by the ACC and appointed by the Council in 1998. The Art Selection Panel and the arts commissioners defined the location for the art and the overall parameters of the project. Then a request for proposals was distributed to local and regional artists' associations and directly mailed to the city's 400 -member artist registry. The RFP was also sent to prominent art galleries in Texas Minutes Regular Council Meeting October 19, 1999 Page 18 and around the country, and ads were placed in artists' magazines. As a result, 52 artists from the U.S., Canada, France, and Mexico responded and six semifinalists were selected. Mr. Whitworth said the six semifinalists were asked to develop site-specific proposals for the project. The artists visited Corpus Christi and each one gave a free public slide presentation about his work and professional background. The audience had the opportunity to ask questions of the artists and the Art Selection Panelists. After the artists developed their proposals, the pieces of art went on public exhibit from April 17-30, 1999 at the Art Center of Corpus Christi. The public was invited to offer written comments and questions regarding the proposals. Mr. Whitworth said that after review of the community comments and discussion with the artists, the Art Selection Panel then considered the maintenance requirements of the artwork, the ability to withstand hurricane -force winds, and suitability to the Shoreline Boulevard location. Two finalists were selected: Jesus Moroles, who submitted a proposal for a triad of monumental stone fountains hewn out of solid pink granite; and Robert Perless, who submitted a plan for three stainless steel windvanes. He said Mr. Perless' work, "Orion's Belt," is being recommended to the Council for approval because of its compatibility with the site and its raised construction, which allows for a view of the sea. Each of the three 50 -foot long windvanes will be perched on a 20 -foot tall base and they would face upwind, similar to a fleet of boats at anchor. Stainless steel nameplates will also be set into the pavement, forming the secondary stars in "Orion's Belt." Mr. Whitworth then recognized Ms. Pamela Gooby, who works with the Public Art/Public Space Subcommittee of the ACC, Ms. Marion Loucks, Superintendent of Cultural Services; and Mr. Chuck Anastos, ACC Chairman and a member of the Art Selection Panel. Council Member Gonzales asked if a poll was taken in the community about the art project. Mr. Whitworth replied that there was not a poll. He said the Art Selection Panel appointed by the Council was charged with making a recommendation to the Council; however, the panelists considered public comments that were made during the public viewing of the proposals. Council Member Kinnison referred to a poll that the local newspaper conducted. Mr. Anastos pointed out that the proposals of five of the six finalists would have required people to cross Shoreline Boulevard onto the median to view the artwork. He noted that Mr. Perless' work will allow it to be viewed from a distance. His proposal also includes the stainless steel plates that will be placed in sidewalks throughout the downtown area. Dr. Gonzales questioned why that site was selected in the first place. Mr. Anastos said that when this process was started over 10 years ago, the desire was to have a significant piece of art at the entry to the city where it can be viewed by all. It was later determined that the Shoreline location would be suitable, particularly when the plans for the Gateway Park were underway. Even though the Gateway Park was not constructed, that site was still determined to be a good location for the artwork. Minutes Regular Council Meeting October 19, 1999 Page 19 Ms. Linda Jones said she was head of the Visual Arts Commission for eight years. She said one of the reasons Mr. Perless' work was chosen over the other proposals is that it will require much less funding from the city for maintenance. She said there was concem about the Moroles sculpture because it is a fountain and would have sprayed water onto passing windshields and created a possibility of corroding. She said the people who responded to the poll on the Internet did not take into account many of those issues, including liability issues, while the Art Selection Panel had to. Responding to Council Member Cooper, Mr. Whitworth said the RFP stated that there would be approximately $200,000 available for the piece of art. Mr. Anastos said their intention was to commission a $200,000 piece of art from an international artist whose work would appreciate in value, but they had to set a budget in order to have a fair comparison of the pieces of art. He added that Mr. Perless' piece was the only kinetic sculpture submitted, which was one of the project requirements. He said the windvanes will constantly be moving, which the panelists felt would further the experience of art from afar. Ms. Cooper said she was uncomfortable with spending $200,000 on the art without having had more public input. Mr. Whitworth said they followed the process the Council had authorized in the acquisition of all of the city's public art. Ms. Cooper said she was not prepared to support this proposal until she determines the public's opinion about it. In response to Council Member Colmenero, Mr. Whitworth said Mr. Perless has created pieces for other coastal communities and they have not experienced problems with maintaining them. In addition, the contract with the artist includes a requirement that the city's engineers review and approve the final plans, and the artist was questioned about the piece's ability to withstand hurricanes. He added that a system has been proposed to anchor down the sculpture with tethers in the event of a severe storm. Council Member Scott asked if there was a concern about how the architectural integrity of the surrounding buildings relates to the proposed artwork. Mr. Anastos said the people in the surrounding buildings that they have spoken with have been pleased with the panel's recommendation. He pointed out that the windvanes will be very tall and will reflect the surrounding images off their stainless steel surfaces. Ms. Gooby further described a piece of Mr. Perless' art located in a similar community and the reason the artist chose the constellation of Orion as his basis for the sculpture. Mr. Anastos, Ms. Gooby, Mr. Cisneros and Mr. Whitworth further responded to Council members' questions regarding safety concerns and public input. Mayor Neal pointed out that the artists' proposals had been available for public viewing for two weeks and the art selection process was exhaustive. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting October 19, 1999 Page 20 16. FAILED TO PASS City Ma iagei to-preeecd with .eotiating--aeentraet i.rth., an.om,t of $200,000 withartist Drive median south of the intersection of III 37 and Shoreline Boulevard. The foregoing motion failed to pass by the following vote: Neal, Colmenero, and Scott voting "Aye; Cooper, Garrett, Gonzales, and Kinnison voting "No"; B. Longoria and J. Longoria absent. Mr. Scott said he did not feel the proposal failed because the Council did not like it but because the majority felt they did not have enough information or time to evaluate it. Mr. Garcia said staff can answer the Council's questions about the safety of Mr. Perless' artwork; however, if the Council is concerned about the process, that is a completely separate issue. Following additional discussion, it was determined to allow viewing of the artists' submittals next week and have the projects returned for Council consideration at a later time. * * * * * * * * * * * ** During Council reports, Mayor Neal said he felt that the process needed to be initiated for the evaluation of the City Manager and the City Secretary and placed on the agenda for discussion. Mr. Scott said several people had asked him why the city was subsidizing the proposed water park. Mr. Garcia and Mr. Utter replied that there are two water parks being planned at this time, one of which involved Mr. Chester Coker's zoning case the Council approved that day. The representatives of the other water park have asked for industrial revenue bonds, which will come before the Corpus Christi Industrial Development Corporation. He said the industrial revenue bonds, which have been issued in the past for a variety of projects, are not a liability of the city and are not paid for with tax dollars but solely by the project itself. Mr. Kinnison asked about a change in the admission price to the Corpus Christi Museum of Science and History. Mr. Utter said if the Columbus ships are going to be shut down, the admission price will have to be changed. Mr. Garcia said staff will need to evaluate it. Dr. Gonzales asked that a joint meeting between the City Council and the Nueces County Commissioners Court be held on Wednesday, November 10, 1999 to continue the business they started on October 13th. Mr. Chapa said the Commissioners Court had informed them that they are available to meet on November 10th. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 8:15 p.m. on October 19, 1999.