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HomeMy WebLinkAboutMinutes City Council - 11/30/1999I 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 November 30, 1999, which were approved by the City Council on December 14, 1999. WITNESSETH MY HAND AND SEAL, this 14th day of December, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 30, 1999 12:02 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 John Longoria Mark Scott ABSENT Betty Jean Longoria City Staff: City Manager David R. Garcia Deputy City Manager George Noe 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 Rev. Jerry Weiss, Trinity Worship Center, following which the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. 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 City/County joint meeting of November 8, 1999 and the regular Council meeting of November 16, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was an update on the proposed 2000 bond issue process. Deputy City Manager Noe recalled that in May 1999, the Council developed a set of goals and priorities during their planning retreat. The Council directed staff to develop a capital improvement bond issue that included prioritized projects for consideration and financing alternatives. On July 20, 1999 the Council approved the FY 99-00 capital improvement program (CIP) budget and the 2000-04 CIP that included projects to be funded from a future bond election. Mr. Noe went on to say that on September 21, 1999 staff gave the first presentation of "Bond Issue 2000" which included the CIP process, the first draft of a project list, financing alternatives, and possible election dates. The second presentation by staff was made on October 12, 1999 and it included options regarding the public input process, possible hearing sites, capital policies, suggested evaluation criteria, and a summary of the potential tax impact at various levels of bond financing. Minutes Regular Council Meeting November 30, 1999 Page 2 Also on October 12th, the Council voted to instruct staff to continue to develop information for the Council and citizens regarding holding a bond election. Since then, staff has been involved in various bond election -related activities: the City Attorney has discussed with the Attorney General's Office the necessary ballot language and sales tax alternatives; and staff has formed a task force to develop "starting points" for the bond election. Mr. Noe reviewed two key financing alternatives: property tax increase and sales tax increase. Under the first scenario, a voter -approved property tax increase would be outside the 68 - cent tax cap, while the actual property tax rate required to satisfy debt service would be set annually. With regard to a sales tax increase, Mr. Noe explained that two cents of every dollar is available for local use (each 1/8 cent equals approximately $3.8 million). Currently, the city collects one cent for the General Fund and 1/8 cent for the Crime Control District. Also, the Regional Transportation Authority collects 1/2 cent, which leaves 3/8 cent available for other local uses. He said projects that are eligible for sales tax funding include park and recreation projects, tourism and economic development, and streets (which require a case-by-case review). Mr. Noe said that a general obligation bond election can be held on virtually any date (with some exceptions), while a sales tax election must be held on one of four statutory election dates. During the year 2000 they are January 15th, May 6th, August 12th, and November 7th. During their last bond election discussion, the Council considered the possibility of holding a combined property tax/sales tax election on November 7, 2000. Regarding specific projects, the Deputy City Manager said staff believes the renovation of the seawall can be supported by a 1/8 cent sales tax increase. He noted that the seawall project is estimated to cost $43 million and will take about six years to accomplish beginning in 2001. Mr. Noe said staff has also earmarked another 1/8 cent as a potential funding source for a multi-purpose arena, which is estimated to cost $25 million to $35 million with estimated annual operation and maintenance costs of $1 million to $1.5 million. *Council Member Cooper arrived at 12:15 p.m. Mr. Noe said staff has developed two alternatives for a property tax -based proposition. The first one focuses on health and safety ($6.43 million) and streets ($33.57 million), totaling $40 million. The second proposal totals $52.89 million and it includes the following: health and safety ($9.73 million), park and recreation ($10.92 million), public facilities ($1.77 million), and streets ($30.47 million). He also discussed projected property tax rates for debt service for both a $40 million bond issue and a $53 million bond issue, as well as the impact of the bond election on the average home owner (with an average home value of $67,278). City Manager Garcia and other staff responded to Council members' questions. He pointed out that this proposal is different from the first one in the amount of the bond issue being discussed ($40 million or $53 million versus $100 million) and, subsequently, the change in the impact to the homeowner. Some Council members asked that they receive staffs proposals sooner in order to Minutes Regular Council Meeting November 30, 1999 Page 3 study them. City Attorney Bray said it has been determined that the seawall project can be funded through a sales tax increase. Mr. Garcia said the next step would be for the Council to direct staff to continue with the bond election package and to determine other factors, such as the public participation process. Following a brief discussion, Mayor Neal suggested that the Council hear the presentations on the arena and the seawall first and then return to the discussion on the bond election. * * * * * * * * * * * * * The second presentation was a discussion of funding options and cooperative efforts in construction of a multi-purpose arena. Mr. Noe explained that in October 1985 a feasibility site study for a multi-purpose arena and outdoor facility was prepared by Kenneth Leventhal and Company CPAs; however, the project was never brought before the voters. In December 1994 the Nueces County Sports Facility District requested that the city help fund a feasibility site study for a multi- purpose arena and outdoor facility, but that study was never undertaken. And in July 1997 the Community Progress Partnership considered placing an arena complex on the list of proposed projects to be financed by a sales tax referendum, but it was later determined that the complex would not be included on the CPP ballot. Mr. Noe then reviewed comparable projects around the country. He said funding strategies include a 1/8 cent increase in the local sales tax, contributions from users and partners, and facility -generated revenues. He noted that 1/8 cent generates about $3.8 million annually and it supports $40 million in debt over 20 years. Mr. Noe said staff is recommending that the arena project be initiated separately from the bond issue, and they suggest that the arena project be incorporated into the current work being done on the convention center expansion. He said there are benefits to locating the two projects together, such as shared facilities and operations. He said they believe that a sales tax increase is the most viable source of funding and they are seeking the Council's authorization to begin active discussions with all potential partners, including the university, the Port, the IceRays, and others. In response to Council members' questions, Mr. Noe noted that the City of Laredo is planning to hold an election in May to consider a 1/4 cent sales tax for a $35 million arena. Mr. Garcia reiterated that the opportunity exists to share costs for the convention center expansion and the arena construction. He added that the coliseum will remain but the question is whether the city will be able to operate both facilities in tandem. Mr. Noe said an engineering analysis has been conducted on the feasibility of adding seats to the existing coliseum, and the numbers are high. Mr. Garcia also discussed the concept of public/private participation for a new arena involving a series of financial commitments along with some tax -supported debt. Mr. Garcia also stated that locating a new arena adjacent to the convention center presents the greatest number of opportunities and the fewest problems. He added that construction will be needed to improve parking and traffic circulation in that area. Mr. Noe pointed out that a needs assessment will have to be conducted to determine the appropriate size for an arena. Mr. Garcia said Minutes Regular Council Meeting November 30, 1999 Page 4 that long-term contracts can be entered into with private entities for their use of the arena. The point was made that an arena would be a 40- to 50 -year investment for the city involving many uses. *Council Member Colmenero arrived at 1:20 p.m. The third presentation was a review of the seawall repair study. Mr. Jim Shiner, President of Shiner Moseley & Associates Inc., introduced Mr. Jeff Massengill, Vice President of SMA and project manager. Mr. Massengill pointed out that the study area included not just the seawall itself but the Art Museum bulkhead, north reach, marina, T -Heads and L -Head and McGee Beach. He added that the barge dock, which was rehabilitated in 1990, was not part of this investigation. Mr. Massengill reviewed the study's findings, including that they detected timber pile decay, voids under the structure, sheet piling corrosion, and deterioration of the concrete. In addition, they determined that the north reach was under -designed by today's standards. Other issues addressed in the study included prioritization of repairs; sequencing of work; peer review by the U.S. Army Corps of Engineers; alternative funding considerations; and the character of the seawall, such as its importance to tourism and as a source of protection from storms. With regard to the peer review, Mr. Massengill quoted from a Corps letter stating that they had found the studies and reports to be comprehensive, and the recommendations that repairs are essential and the proposed remedial measures reflect sound engineering judgment. Capt. Tom Rodino, a retired member of the Coast Guard who was involved in the seawall project, discussed alternative funding sources. He noted that they looked into getting the seawall classified as a federal project under the Corps of Engineers programs, which is a complex, lengthy process and requires Congressional authorization. He said the current condition of the seawall is a detriment since it is the result of deferred maintenance and deterioration rather than disaster -induced damage. Mr. Rodino also discussed post -disaster funding through FEMA. He said a short-term funding solution needs to be found that is independent of federal disaster funding, as well as pursuing it as a federal project in the long-term. Mr. Massengill then discussed recommended repair option and costs, consisting of $36.7 million for design and construction; $1.5 million for administrative costs, for a total of $38.2 million in 1999 dollars. For a five-year period, the escalation amount would be $3.8 million, for a total project cost in future dollars of $42 million. He also described their recommendations of phased design and construction. Mr. Massengill and Capt. Rodino then responded to Council members' questions regarding funding options, safety issues, and timeline of the project (spanning six years). Mayor Neal said the Council has several issues to consider with regard to a bond election: whether or not to hold a bond election; if so, on what date; the amount of the property tax proposal; needs assessment for the location of an arena in conjunction with a needs assessment for the expansion of the convention center. Minutes Regular Council Meeting November 30, 1999 Page 5 Council Member Gonzales made a motion to direct staff to plan for a joint property tax and sales tax bond election on November 7, 2000. The property tax proposal would include multiple projects up to $55 million, and the sales tax proposal would include the arena and seawall projects. Council Member Cooper seconded the motion. Council Members John Longoria and Rex Kinnison said they were not in favor of the November 7th election date because it is a presidential election date. A motion was made to amend Dr. Gonzales' motion to change the election date to August 12, 2000; Dr. Gonzales accepted the amendment. Mayor Neal called for a voice vote on the motion to amend, and it passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, and J. Longoria voting "Aye"; Scott voting "No"; B. Longoria absent. Mr. Scott said he preferred the November 7th date. Responding to Mr. Longoria, Mr. Garcia said staff's recommendation is to locate the arena in close proximity to the convention center, which will be expanded and changed. Mr. Longoria said that in light of the other projects that are proposed for that area, including near the Port, he felt staff's recommendation made sense. Mr. Longoria made a motion to accept staff's recommendation to locate the arena in the general area of the convention center; seconded by Mr. Kinnison. Dr. Gonzales said that while he would like to have the arena located near the water, he was concerned about traffic there. He said the Council needs information on other possible sites. Mr. Kinnison said the needs assessment will incorporate infrastructure needs. He said they should focus on whether or not the community wants an arena rather than on where it will be located. Mr. Colmenero said he thought the Council needs to be open-minded to alternative sites. Mr. Longoria said different sites will involve partnerships with other entities. Ms. Cooper felt they should designate the site at this time and they can change it later if necessary. Mayor Neal restated Mr. Longoria's motion to accept staff's recommendation to locate the arena in the general area of the convention center and to conduct a needs assessment. The Mayor called for a voice vote and the motion passed as follows: Neal, Colmenero, Cooper, Garrett, Kinnison, J. Longoria, and Scott voting "Aye"; Gonzales voting "No"; B. Longoria absent. Mr. Longoria and Mr. Kinnison suggested that the Council consider using the remaining 1/8 cent that is available in order to retire the debt much sooner than 20 years. Dr. Gonzales noted that the 1/8 cent will not go away and can be used in the future. Mr Kinnison then made a motion to hold a sales tax election but to leave it open as to the amount of the sales tax that will be dedicated toward an arena or the seawall project; Mr. Longoria seconded the motion. City Secretary Chapa polled the Council for their votes and the motion failed by the following vote: Kinnison, J. Longoria, and Scott voting "Aye"; Neal, Colmenero, Cooper, Garrett, and Gonzales voting "No"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Minutes Regular Council Meeting November 30, 1999 Page 6 Mr. Abel Alonzo, 1701 Thames, thanked several people, including H -E -B and Whataburger, for their assistance in raising money to provide a week's worth of groceries for 50 families, which he said was a huge success. Mr. Mike Baker, 4641 Gayle Circle, spoke against the annexation of Mustang Island, saying the city should concentrate on the areas it has already annexed. He said they should prove that the city has the capability of providing services to that area first before annexing it. He added that Mustang Island belongs to Port Aransas, not Corpus Christi. Mr. Phillip Lara, 538 Indiana, said he is the youngest boat owner on the People's Street T - Head. He suggested that booths be built behind every boat on the boardwalk, which would allow shrimpers to offer shrimp to the public on a more regular basis. The shrimpers could also make longer trips on their boats. He discussed why he believes that plan would benefit the city and how the existing ordinances make it difficult for shrimpers. Mr. Tony Cisneros, Director of Park and Recreation, said the Water/Shore Advisory Committee is reviewing all of the ordinances relating to marina operations. He said Mr. Lara's suggestion could not be accomplished under the present ordinances but the ordinances could be changed. Mayor Neal said he thought it is important to proceed with the process so the Council can be given different options in a reasonable amount of time. Mr. Ruben Lara, 4225 Adkins, said the ordinances regarding selling shrimp in the marina are difficult to understand. He said there is much opposition and since they began discussing the issue, they have experienced threats and sabotage. He said he has reported incidents to the police but he has not received assistance. Mayor Neal asked Mr. Lara to visit with Assistant Police Chief Bung (who was present at the meeting) about his concerns. Responding to Council Member Garrett, Mr. Lara said they have been operating there for 17 years. City Manager Garcia said staff and the Water/Shore Advisory Committee are aware of the incidents at the marina, which have been occurring for some time and they will continue to address them. Mr. Leon Perez, 904 Buford, commented negatively on the Columbus ships. Mr. Edwin Singer, President of the Foundation for Sciences and Arts, discussed the real estate problem at the Bayfront Arts and Science Park. He said there is a great deal of private property between the convention center and the courthouse. Mr. Singer said the Corps of Engineers is ready to move if they can find a location. He said as private individuals they have tried to work with the Corps but the city is the only agency that has the power to negotiate a deal with the Corps. * * * * * * * * * * * * * The fourth presentation was regarding the Bayfront Arts & Science Park development project and the Art Museum of South Texas expansion project. Mr. John Dykema, President of the South Texas Institute for the Arts, said there are eight Texas cities that are currently undergoing art Minutes Regular Council Meeting November 30, 1999 Page 7 museum expansions. He explained that a few years ago, in order to be socially and fiscally responsible, the Art Museum of South Texas merged with the Center for Hispanic Arts and the Creative Arts Center, resulting in the South Texas Institute for the Arts. In addition, they have a financial arrangement with Texas A&M University -Corpus Christi (TAMU-CC). As a result of the merger, it was determined that additional facilities are needed, including classrooms and a vault. Mr. Dykema said they established a budget and hired Mr. Ricardo Legaretta, an internationally acclaimed architect. Mr. Dykema said the space between the art museum and the Museum of Science and History is underutilized and they were asking the Council if they would grant them the property to the north of their existing facility. He said that would allow for their expansion, with the understanding that they will seek city staffs concurrence on the use of the property. Mr. Dykema said they anticipated purchasing the Corps of Engineers building, constructing their addition and then giving it to the city while continuing to maintain it. Dr. Robert Ferguson, President of TAMU-CC, said the proposed project contains many educational elements. He said they have raised $3 million out of the $5 million needed for the project; in addition, they have a commitment from the Legislature for $95,000 per year for the staffing and other elements of the project. City Manager Garcia explained that one of the challenges in that area is how to take several dynamic facilities and link them together in a cohesive way. Another challenge has been a drop in attendance to those facilities. He said their goal is to attract one million visitors per year to that area by developing a unique attraction with the cooperation of private developers. Mr. Tom Utter, Assistant City Manager for Development Services, described the draft request for qualifications from master developer teams for the Bayfront Arts and Science Park development proposal. He noted that in December staff will be bringing to the Council their recommendations for the feasibility consultant and the project management firm for the convention center expansion. Responding to Mayor Neal, Mr. Utter referred to a map of the area and described the location of the Corps of Engineers, the art museum, and the Port property. Mr. Dykema explained that they have had discussions in the past with the Corps and other entities regarding the Corps relocating. Mr. Dykema and Mr. Utter also replied to Council members' questions. A discussion ensued regarding the use of the waterfront property in that area. Mr. Utter pointed out that the Corps property would need to go to a public entity, such as the city. Council Member Gonzales made a motion to direct staff to work with the South Texas Institute for the Arts to draw the boundaries of the property they need which, based on Mr. Dykema's presentation, involves the north end (the Corps parking lot). In addition, the motion would direct staff to work with a developer on developing the rest of the land there. The motion was seconded by Council Member John Longoria. Minutes Regular Council Meeting November 30, 1999 Page 8 Mr. Edwin Singer suggested that the Council appoint a committee consisting of representatives of the Port, the Corps, and their foundation to resolve the real estate situation. He added that proceeding with the art museum's plans to utilize a world-class architect for their project will set a standard for any developer who wishes to develop that area. Dr. Gonzales said his motion incorporates Mr. Singer's thinking on the issue. Mr. Dykema added that Mr. Utter is a member of their building committee and they intend to work with the city on a mutually beneficial solution. Mr. Garcia said the issue of the Corps property basically entails which entity will pay $2 million in order for the Corps to move to another location. He said the city did not have the $2 million and their plan was for a private developer to acquire it. Mr. Dykema said the concept is that the art museum will raise the money for the project and make it a gift to the city. Following additional discussion, Mayor Neal called for a vote on Dr. Gonzales' motion. Mr. Utter said that the Council's motion in effect would be saying to the art museum that they can develop property to the north but the exact boundaries still need to be determined and brought back to the Council. Mr. Utter said they could come back to the Council on December 21, 1999. The Mayor said that in the meantime they can follow Mr. Singer's suggestion about forming a committee to further the negotiations for the Corps property. Mr. Chapa polled the Council for their votes on Dr. Gonzales' motion, and it 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. Upon reconvening, City Secretary Chapa discussed holding a bond election in August versus holding it in November. He explained that August elections typically have low voter turn -out (about 7% to 8%) and the cost is higher (about $100,000) since the city would run the whole election and have to pay for it. The benefit of holding the election in August is that the city would be able to provide the results soon after the polls close on election day. Mr. Chapa added that since the November 7th date is a presidential election, the voter turn- out could be 38% to 40%, which is more reflective of the people's wishes. He said the county will be running the November 7th election, thus saving the city about $35,000 to $40,000. In addition, the city could have a separate color -coded ballot specifically for the city's issues in order to not have those issues lost at the bottom of the county's ballot. Council Member Kinnison made a motion to change the date for a bond election to November 7, 2000; seconded by Council Member Colmenero, and passed (B. Longoria absent). * * * * * * * * * * * * * Minutes Regular Council Meeting November 30, 1999 Page 9 The fifth presentation was made by Mr. Cisneros regarding festival area sites. He explained that the city needs a permanent festival site not only for its events but also for non -city sponsored large events. He said a study in 1985 by the Bayfront Activities Committee recommended McCaughan Park as the site for a festival area. In 1991, city staff proceeded with the South Central Area Development Plan, which recommended the Harbor Bridge portion of the Bayfront Arts and Science Park. And in 1997, the Community Progress Partnership included a specific proposal for developing the Harbor Bridge site as a festival area for $1.87 million. However, the CPP proposals were rejected by the voters. He said festival site requirements include: proximity to the water area of the bayfront; available parking; good vehicle and pedestrian access; and support infrastructure in place. He said the Harbor Bridge site contains several constraints, including continued construction of new facilities; no waterfront access; competition for available parking; and scheduling conflicts with other Bayfront Park tenants. The benefits of the Harbor Bridge site include that most of the property is owned by the city; shade structures are in place; and close proximity to downtown and the convention center. He said the future of a festival site depends on locating it at the Harbor Bridge location or an alternate site; possible future bond issue funding (estimating that it will need $2.5 million); the need for a permanent location for such large festivals as Bayfest and Buccaneer Days; and possibly tieing it in with a proposed arena. He said staff is recommending that Bayfest and Buccaneer Days continue to operate in their current locations until the city has established a permanent site for such festivals. He noted that the Jazz Festival was successfully held this year at Heritage Park. Mr. Utter then referred to a map and described the areas owned by the city. Council Member John Longoria discussed the idea of moving the Shoreline Boulevard medians north of IH -37 next to the water and developing a festival site there. Mr. Cisneros pointed out that when conventions are held at the convention center, Shoreline serves as the main traffic corridor. Mayor Neal said he thought a natural location for a festival site is Heritage Park. He suggested that they continue to study the issue of a festival site in the future. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-12). Council members requested that Items 2, 4 and 5 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M99-405 Motion authorizing the City Manager or his designee to execute two professional service contracts with Concentra Medical Centers, Corpus Christi: (I) to provide alcohol and drug testing services for City employees in the Gas Department and employees required to hold a Commercial Driver's License to perform the essential functions of their positions, and as Minutes Regular Council Meeting November 30, 1999 Page 10 required by the Citywide and Marina Alcohol and Drug Policies; and (2) to provide for specific alcohol and drug testing services required by the Fire Department's Alcohol and Drug Policy. The estimated annual combined cost for two (2) contracts is $44,616. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. 6. M99-408 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $328,979 with Urban Engineering for the Savage Lane Pumping Plant Clearwell Replacement Project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. 7.a. M99-409 Motion authorizing the City Manager or his designee to accept a grant in the amount of $100,000 in Weed and Seed Assets Forfeiture funding from the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, for support in Weed and Seed Sites 1 and 2. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. 7.b. ORDINANCE NO. 023850 Ordinance appropriating $100,000 of assets forfeiture funds from the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, in the No. 1050 Federal/State Grants Fund to support Weed and Seed Sites 1 and 2. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. 8. RESOLUTION NO. 023849 Resolution authorizing the City Manager or his designee to submit a Community Outdoor Outreach Program Grant application for up to $28,239 to the Texas Parks and Wildlife Department, to fund Outdoor Education and Recreation enhancements to the City's Summer Recreation Programs. Minutes Regular Council Meeting November 30, 1999 Page 11 The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. 9. RESOLUTION NO. 023851 Resolution giving permission to Tarrant County Health Facilities Development Corporation for the issuance of bonds, the proceeds of which will be used to finance the cost of health facilities within the City of Corpus Christi, Texas. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. 10.a. M99-410 Motion authorizing the City Manager to execute Attachment No. 01 to Contract No. 7460005741-2001 with the Texas Department of Health in the amount of $87,979 for tuberculosis prevention and control and expanded outreach services. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. 10.b. ORDINANCE NO. 023852 Ordinance appropriating a grant from the Texas Department of Health in the amount of $87,979 for tuberculosis prevention and control and expanded outreach services in the No. 1050 Federal/State Grant Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. 11. ORDINANCE NO. 023853 Ordinance appropriating $115,000 from a Coastal Bend Community Foundation Grant in the No. 3210 Library CIP Fund for library materials for the Janet F. Harte Public Library; amending Ordinance No. 023703 which adopted the FY 99-00 Capital Budget, to add $115,000 to the Library program. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. Minutes Regular Council Meeting November 30, 1999 Page 12 12. ORDINANCE NO. 023854 Ordinance authorizing the City Manager or his designee to execute a use privilege agreement with Gary L. Martin and Mina K. Martin, to install, operate, maintain, and remove a 3" force main in and across the Hazel Bazemore Road street right-of-way, approximately 385 -feet in length, to tie into an existing sanitary sewer manhole located in a 20 -foot wide utility easement in the River Ridge Estates Subdivision, in consideration of payment of $530, and other specified conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, police package sedans. Council Member Garrett asked which budget will pay for the two additional sedans for the marshal's program. City Manager Garcia replied that they will be paid for by Municipal Court. Mr. Jim Davis, Fleet Management Superintendent, briefly discussed some of the vehicles being purchased. City Secretary Chapa polled the Council for their votes as follows: 2. M99-404 Motion approving the purchase of 44 police package sedans in accordance with Bid Invitation No. BI -0035-00 from Crosstown Ford Sales, Inc., Corpus Christi, Texas based on low bid for a total amount of $911,548. Thirty-five (35) of the sedans are replacements for Police Patrol; seven (7) are additional units for the Crime Control District; and two (2) are additions to the fleet to be used by Municipal Court's Marshal Program. All items are budgeted in the FY99-00 Capital Outlay. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, professional services contract. Responding to Mr. Garrett, Ms. Sharon Dove, Assistant Director of Human Resources, said the city sent out 36 requests for proposals to provide promotional examination and assessment center services and they received seven responses; of those, Mr. Joiner's was the lowest. In addition, he has provided very good services to the city for many years. She added that the fire and police associations agree through the collective bargaining process to the assessment centers and their criteria. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting November 30, 1999 Page 13 4. M99-406 Motion authorizing the City Manager or his designee to execute a professional services contract with Dennis A. Joiner & Associates, to provide promotional examination and assessment center services, as required by the agreements with the Corpus Christi Firefighters' Association and the Corpus Christi Police Officer's Association, at an estimated annual cost of $66,000. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, "Millennium Carnival" street closings. Council Member Scott said the background information for this item states that the Buccaneer Commission has planned a $1.00 admittance fee for the general public to the millennium carnival; however, the permit to close a street for public events states that "admittance to said event shall be free." Mr. Joe Ochoa, Executive Director of the Buccaneer Commission Inc., said the $1.00 charge is consistent with Buccaneer Days, part of which is due to liability and safety issues for patrons. He said part of the fee will be used to pay for the fencing of the area. Mr. Garcia said staff could amend the permit regarding admittance to the event to reflect the $1.00 fee. A brief discussion ensued regarding the safety measures that are planned for the event. City Secretary Chapa polled the Council for their votes as follows: 5. M99-407 Motion approving the application from the Buccaneer Commission, Inc., to temporarily close the southbound leg of Shoreline Boulevard, between Interstate 37 and Peoples Street, beginning 10:00 a.m. December 28, 1999 and ending 12:00 midnight January 3, 2000, to conduct the "Millennium Carnival" festivities. The foregoing motion passed as follows: Neal, Colmenero, Kinnison, J. Longoria, and Scott voting "Aye"; Gonzales voting "No"; Garrett abstaining; Cooper and B. Longoria absent. * * * * * * * * * * * * * 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. 1099-1, George Mostaghase: A change of zoning from an "F -R" Farm -Rural Minutes Regular Council Meeting November 30, 1999 Page 14 District to "B-4" General Business District on Tract 1 and "R -1C" One -family Dwelling District on Tract 2 on Nueces River Irrigation Park Annex No. 2, Tract 1, located on the northeast corner of Northwest Boulevard (F.M. 624) and Trinity River Drive. City Secretary Chapa said the Planning Commission and staff recommended approval of an "R -1C" District on Tract 2, and approval of a "B-4" District on the south 275 feet of Tract 1 (Tract 1B), and denial of a "B-4" District on the north 125 feet of Tract 1 ( Tract 1A), and in lieu thereof, approval of an "AB" Professional Office District. No one appeared in opposition to the zoning change. Dr. Gonzales made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 023855 Amending the Zoning Ordinance, upon application by George Mostaghase, by changing the zoning map in Reference to Tracts 1A, 1B, and 2 in Tract 1 of Nueces River Irrigation Park Annex No. 2; by changing the zoning of Tracts 1A, 1B, and 2 from "F -R" Farm -Rural District; changing Tract 1B to "B-4" General Business District; changing Tract lA to "AB" Professional Office District; changing Tract 2 to "R -1C" One -Family Dwelling 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, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * 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. 1099-5 Nasser Farahnakian: A change of zoning from an "B-1" Neighborhood Business District with a "SP" Special Permit to "B-4" General Business District on Surrey Place Unit 1, Block 25, 0.43 acre out of Lot 3, located on the east side of Kostoryz Road, approximately 350 feet north of Tiger Lane. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a special permit for auto -related uses subject to a site plan and six conditions. No one appeared in opposition. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 023856 Amending the Zoning Ordinance upon application by Nasser Farahnakian, by granting a Minutes Regular Council Meeting November 30, 1999 Page 15 Special Permit for auto related uses subject to a site plan and six (6) conditions to 0.43 acre out of Lot 3, Block 25, Surrey Place Unit 1; amending the zoning map; 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, J. Longoria, and Scott voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 15. Case No. 1099-6E Coym Rehmet & Gutierrez Engineering: An exception to the standard screening fence requirement on Bob Lacy's Business Park, Block 1, Lot 1, located on the east side of U.S. Highway 77, approximately 900 feet south of Brookhaven Drive. City Secretary Chapa said the Planning Commission and staff recommended approval of a wavier along the north property line and the deferral of the standard screening fence requirement along the south property line until such time as the adjacent property develops with residential uses. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 023857 Granting a standard screening fence exception to Coym, Rehmet & Gutierrez Engineering along the South and North property lines of Lot 1, Block 1, Bob Lacy's Business Park. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, old Nueces County Courthouse. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 023858 Resolution supporting the Nueces County Commissioner's Court in their effort to regain ownership of the Old County Courthouse in order to qualify for grant funding under the statewide Courthouse Preservation Program by authorizing the Court to institute tax foreclosure proceedings, sell the property, and directing the City Manager to quitclaim the Minutes Regular Council Meeting November 30, 1999 Page 16 City's interest in the property to the Court for the mutual public purposes of the City and the County. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, mobile data contract. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. M99-411 Motion authorizing the City Manager or his designee to execute a contract amendment to the mobile data contract with Rockwell Collins, Inc. The amendment will cover increased cost for the mobile data component, the addition of Graphical Used Interface (GUI) software for public safety dispatching stations, and the addition of an emergency generator at the Violet radio tower location. The City's share of this additional cost is $159,858.60. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. ************* Mayor Neal opened discussion on Item 18, consolidated emergency dispatch center. There were no comments from the audience. Capt. Leonard Scott, Police Department Computer Support, gave a computer presentation on the status of the consolidated center, which will be a single public safety answering point for all 9-1-1 emergency calls and dispatch functions in Nueces County and the immediate Coastal Bend area. He said the initial location of the center will be on the fourth floor of the CCPD building and both the city and the county agree to examine the future development of a center at a separate location. In addition, county employees in the center will become city employees, and all participating agencies will share in the cost of operating the center. Capt. Scott noted that all emergency response agencies in Nueces County, with the exception of Bishop and Port Aransas police departments, have the 800 Mhz radio system; in addition, the CCISD and Portland police departments have purchased equipment and are coming onto the system in the near future. Many state and federal law enforcement agencies in the area have purchased mutual aid radios that enable them to communicate with the regional communications system. He explained that the CCPD and Nueces County Sheriff's Department currently operate on the same computer-aided dispatching and records management system. Minutes Regular Council Meeting November 30, 1999 Page 17 Capt. Scott said the Police Department Communications Center is comprised of 3,860 square feet of computer -grade flooring space, which is raised flooring, self-contained air conditioning, uninterruptable power supply, emergency backup power system, and specialized fire control and safety security systems. He further explained the current status of the center, the positions involved, and future growth needs. He referred to diagrams to discuss plans for expanding the existing center. The cost for Phase One, including the architect, would be $39,000. Phase Two, to be completed by April 2002, would take the remaining available computer -grade floor space for a total expansion of over 1,400 square feet; cost estimates are not yet available. Responding to Mayor Neal, Capt. Scott reiterated that the Port Aransas Police Department is not a part of the 800 Mhz radio system. However, if a call comes into Corpus Christi's center or the Nueces County Sheriff's Department, they have the ability to one - button transfer the call for them to handle it. Responding to Council Member Garrett, Mr. Garcia pointed out that the contract being proposed to the Council has some substantial differences from the contract that was approved by the Nueces County Commissioners Court. This contract calls for locating the county's dispatch operation into the city's dispatch facility by April 30, 2000. The question to be resolved is whether the county will now pay their share of the backbone of the system. Capt. Scott said there are some personnel issues to be resolved. Mr. Garrett added that he thought the dispatch center should remain where it is once the renovations are made. Police Chief Alvarez said he agreed, adding that the county would prefer to move into a separate facility. In reply to Council Member Cooper, Capt. Scott and City Attorney Bray discussed the contract termination provision. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO. 023859 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County to implement a Consolidated Emergency Dispatch Center. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. ************* Mayor Neal opened discussion on Item 19, Laguna Madre Wastewater Treatment Plant improvements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19.a. M99-412 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,310,500 with R.S. Black Civil Engineers & Contractors/Machinery & Minutes Regular Council Meeting November 30, 1999 Page 18 Materials, Inc., a Joint Venture, for the Laguna Madre Wastewater Treatment Plant biosolids facilities improvements project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 19.b. M99-413 Motion authorizing the City Manager or his designee to execute Amendment No. 3 in the amount of $52,600 to the contract with Goldston Engineering, Inc., for the Laguna Madre Wastewater Treatment Plant biosolids facilities improvement project to include additional construction inspection services. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. Mayor Neal opened discussion on Item 20, airport improvements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20.a. ORDINANCE NO. 023860 Ordinance appropriating $401,200 in the No. 4621 Airport Passenger Facility Charge (PFC) Fund for Landside Roadway Improvements; amending the FY 99-00 Capital Improvement Program (CIP) Budget, adopted by Ordinance No. 023703, by adding $401,200 to the Airport CIP Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 20.b. M99-414 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the contract with Russell Veteto Engineering in the amount of $385,000 to provide engineering services for the Landside Roadway - Entrance Road and Parking Lot Improvements projects at Corpus Christi International Airport, for a revised total fee not to exceed $508,600. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. ************* Minutes Regular Council Meeting November 30, 1999 Page 19 Mayor Neal opened discussion on Item 21, airport improvement bonds. There were no comments from the audience. Responding to Council Member Gonzales, Ms. Bonnie Allin, Aviation Director, said staff has a presentation planned in December to discuss the renovation plans. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 023861 Resolution by the City Council of the City of Corpus Christi, Texas directing the City Manager to proceed in preparing the necessary documents and taking other measures in connection with the issuance of General Airport Revenue Bonds to finance improvements at Corpus Christi International Airport. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, firefighters' collective bargaining agreement. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 22. M99-415 Motion authorizing the City Manager to execute amendments to the collective bargaining agreement with Corpus Christi Firefighters Association as negotiated by City representatives and ratified by the Association's membership. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, telecommunications access lines. City Attomey Bray explained that state statute provides that the industry fees will be assessed to customers on a per -access line basis. The Public Utility Commission of Texas (PUC) has established three line categories: Category 1 -residential; Category 2 -non-residential low capacity; and Category 3 -non-residential high capacity. He said those categories are generally similar to the city's current franchise with Southwestern Bell. This will result in the following monthly fees: Category 1-$1.52; Category 2-$3.79; and Category 3-$10.61. Mr. Bray added that the base amount is subject to the PUC's approval and changes could be made in the future. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting November 30, 1999 Page 20 23. RESOLUTION NO. 023862 Resolution allocating access line categories for certificated telecommunications providers pursuant to House Bill 1777 adopted by the Seventy -Sixth Texas Legislature. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal announced the two executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following: City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107`h District Court, Cameron County, Texas, with possible discussion and action related thereto in open session; and regarding legal issues related to Southwestern Bell franchise agreement. The Council went into closed session. The Council returned from closed session. City Secretary Chapa read the following proposed resolution. There were no comments from the audience. City Attorney Bray explained that unless there is a change in the current proposal, the city will file objections with the court by the deadline of December 9th and they will work toward opting the city out of the lawsuit. He added that if there are changes, they will come back to the Council. Mr. Chapa then polled the Council for their votes as follows: M.1. RESOLUTION NO. 023863 Resolution authorizing the City Manager and City Attorney, in City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107`h District Court, Cameron County, Texas, to file objections to the proposed settlement agreement, to opt the City of Corpus Christi out of the litigation, and to take all other steps as may be necessary to exclude the City of Corpus Christi from the proposed settlement and preserve the rights of the City with respect to the subject matter of the litigation. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia asked Mr. John Bacon, Director of Information Systems, to provide an update on the city's plans for Y2K "day zero." He explained that staff will be watching how the date change will affect cities throughout the world. He said several city employees have been designated as Y2K essential employees for the various systems and they will be conducting tests on those systems and calling in their results. Minutes Regular Council Meeting November 30, 1999 Page 21 Mr. Garcia pointed out that the Council has two meetings left in 1999 --December 14th and December 21st. The December 14th meeting is scheduled to begin at 9 a.m. and it will include the evaluations of the City Manager and the City Secretary, the first reading of the annexation ordinance, and the public art project. He also referred to the city newsletter containing information about the "Cash for Trash" program and Y2K preparedness, among other issues. Mr. Garrett asked if the city owned any street sweepers, and Mr. Garcia said they did not. Mr. Garrett asked staff to look into the possibility of establishing street sweeping programs similar to programs the city had in the past. Mr. Garcia said street sweepers are expensive pieces of equipment and are very high maintenance, but they provide a valuable service to the citizens. He added that the city currently has a street sweeping contract for the downtown area and major thoroughfares; residential streets and arterials are not swept. Mr. Scott expressed concern about missing the April let date for the Ennis Joslin street project. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said city staff has met twice with TXDOT and the engineering firm to track the project's progress; another meeting is planned for December. Dr. Gonzales asked about the situation between the Women's Shelter and the Police Department. Mr. Garcia replied that he spoke with Chief Alvarez about the correspondence they received from the Women's Shelter regarding the domestic violence unit. He said he also is contacting some Women's Shelter board members and director of the shelter in order to resolve it. Mr. Longoria asked about the format for the evaluation of the City Manager. City Secretary Chapa said there are forms available and the Council can use them as a basis for discussion or they can fill them out and turn them in, at which point they will become public record. He added that in the past, the Council has used both formats. Mr. Chapa said they will send evaluation forms to each Council member next week. Ms. Cooper congratulated staff on the opening of the new fire station on Rodd Field Road, and she noted that Harbor Lights will be held December 4th. Mr. Colmenero said the roof of the model railroad club on Louisiana Avenue is leaking, and he commented on traffic accidents occurring at the intersections of Santa Fe and Del Mar and Alameda and Santa Fe. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:20 p.m. on November 30, 1999. *************