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HomeMy WebLinkAboutMinutes City Council - 03/07/2000I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of March 7, 2000, which were approved by the City Council on March 21, 2000. WITNESSETH MY HAND AND SEAL, this 21st day of March, 2000. G.Jac Armando Chapa City Secretary SEAL PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison John Longoria ABSENT Betty Jean Longoria MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 7, 2000 2:00 p.m. City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Attorney Alison Gallaway Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Minister Charles Boren, Norton Street Church of Christ, following which the Pledge of Allegiance to the United States flag was led by Council Member Garrett. 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 February 29, 2000. A motion was made and passed to approve the minutes as presented. Mayor Neal asked City Manager Garcia to explain a letter the city received earlier that day from the Texas Natural Resource Conservation Commission (TNRCC). Mr. Garcia said city staff have been working with the TNRCC for some time regarding a number of environmental violations that have occurred at the J.C. Elliott Landfill. He said most of the violations have to do with fairly technical issues, such as berms and daily and final coverage of the landfill's cells. He said the letter also mentions the corrective actions that the city has taken, but it does not relieve the city of its obligation to deal with the violations. Mr. Garcia said the TNRCC is proposing a fine of approximately $87,675 and now the city will enter into detailed discussions with TNRCC about the fine and alternative ways that the city can resolve that issue. The City Manager said the city will propose that environmental projects be substituted for dollar payments; he added that staff will provide periodic reports to the Council regarding the negotiations. Responding to Council Member Gonzales, Mr. Garcia said the city will respond to TNRCC immediately regarding this issue. Minutes Regular Council Meeting March 7, 2000 Page 2 Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Board of Adjustment Robert Broadway Building Standards Board Jennifer Hilliard Mary Helen Salazar Senior Companion Program Advisory Committee Deidra Graves George Perez Mechanical/Plumbing Advisory Board Ralph Pitzer (Reappointed) Patrick Scarpulla (Reappointed) Nicolas Llanes (Reappointed) Abelardo Flores (Reappointed) Neill Amsler Food Service Advisory Committee Tommy Watson Water Shore Advisory Committee Dr. Oscar Garcia Richard Poremba Transportation Advisory Committee Sandy Keiser Michele Trevino Mayor Neal referred to the presentation on the day's agenda regarding the Gypsy Park Neighborhood Adopt -A -Park Program. Mr. Tony Cisneros, Director of Park and Recreation, said this project involves the work of many volunteers who are working with the city to improve Gypsy Park on Padre Island. Mrs. Sandy Billish, 13866 Hawksnest Bay Dr., said she is chairperson of the Gypsy Park Project Committee, which is now a subcommittee of the Padre Island Property Owners Association (PIPOA) and consists of 25 volunteers from throughout the island. She said the committee intends to develop the 11.5 -acre park into a family park overlooking two channels. She said Gypsy Park, which is the largest of five parks located on Padre Island, can become the center of several community activities. Mrs. Billish said the committee's comprehensive plan for the park has been endorsed by the Park and Recreation Advisory Committee, the PIPOA, Padre Island Business Association, Padre Island Enrichment Club, and the Kiwanis Club. Mrs. Billish said the park will be developed in phases as funds become available through contributions, pledges, and in-kind services; to date, they have received commitments totaling $30,982. With the city's approval, they can begin developing Phase I, which will consist of additional playground equipment, a large picnic area, a 30x30 pavilion, a 20x20 gazebo, a volleyball court, and additional landscaping. She said they are also seeking funds to develop a walking and Minutes Regular Council Meeting March 7, 2000 Page 3 exercise path. She added that they made sure the equipment chosen required little maintenance and that maintenance funds were built into the budget. Mrs. Billish then thanked Tony Cisneros, Carlos Mendez and Vic Menard, and she introduced fellow committee members who were present. She also described a diagram of the proposed park project. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Lewis Lovelace, 1529 Casa Grande, said he understood that the Council meeting was being held on March 7th instead of March 14th because five Council members and three spouses are going to Washington, D.C., for the National League of Cities Congressional City Conference. Those five members are Rex Kinnison, John Longoria, Mark Scott, Arnold Gonzales, and Melody Cooper. The Council members pointed out that their spouses were paying their own way and they questioned why Mr. Lovelace made a point of mentioning it. Mr. Lovelace also delineated costs for the trip (hotel, airfare, and registration expenses) and he said that at the conclusion of the conference, he will inquire about the total of expenses. He said there is no money for a children's playground or for adequate infrastructure, but the Council receives expensive chairs and trips paid with tax dollars. Council Member Kinnison said he and the other four Council members are giving up their time to attend the NLC conference and represent Corpus Christi in order to bring back tax dollars. He noted that they will be meeting with congressional delegations and they will be accompanied by at -risk youth who want to be active in the community through the Y.O.U. organization. He said the Council deals with multi-million dollar items that Mr. Lovelace and others ignore. Mayor Neal said he was not attending the NLC conference because he just returned from the U.S. Conference of Mayors meeting. The Mayor said Mr. Lovelace's comments were another character assassination by his group on city government and the members of the Council. He said the Council members have an obligation to network with organizations that control grants and state and federal funding, as well as other Council members and Mayors to exchange ideas. Mayor Neal said Corpus Christi needs to rise above such pettiness or it will not progress. Mr. Lovelace said he was not representing anyone except himself. Mr. R.F. Hasker, 1813 Wallace, referred to the Council members' new chairs, saying that three Council members wanted to give the chairs back to the vendor but they were told they were special ordered and could not be returned. He said there are many other needs in the community; he also discussed the marina bait stand. Mr. Hasker said there are a few, proud taxpayers who have the courage to question the decisions made by the City Manager, staff and Council members. Mr. Paul Lara, 1305 Brentwood, discussed a proposal for a seafood market on the Peoples Street T -Head. He said that for years shrimpers have been selling their catch from their boats, although some have been illegally selling shrimp they have not caught. Mr. Lara said the establishment of a seafood market would provide an additional source of income for the shrimpers Minutes Regular Council Meeting March 7, 2000 Page 4 as well as meet the seafood demands of visitors to the marina and improve the area's tourism. Mr. Jeff Frahm, 13501 Royal Fifth Court, said the defeat of the county's bond election last November changed the county's revenue projections, which forced them to pass a tax increase to meet revenue requirements. Mr Frahm said he applauds the City Council's efforts to improve the city's tax base and tax revenues. He said that while new businesses have opened on Padre Island, other businesses have closed. He said the city needs to leverage its tax dollars and continue to invest in the future. Mr. Jack Gordy, 310 Norton St., said last Tuesday he noticed political signs located in the flower beds around City Hall. He said information about the city is available from newspapers and the Internet, and people from other cities have read that the city does not have the funding to complete a children's playground or buy furniture for fire stations, but it does have money to buy expensive chairs for the Council. City Secretary Chapa stated that early voting was again taking place on March 7th in City Hall for the March 14th primary election. He said the city has a long-standing policy that political signs are allowed during periods of early voting in City Hall and other city buildings, but only in specified areas. He said the political signs will be removed after March 7th. Dr. Gonzales said he agreed that the signs should not be placed in the flower beds of City Hall. Referring to a question from Dr. Gonzales, Council Member John Longoria said three of the citizens were referring to a playground near Memorial Coliseum, which Mr. Garcia pointed out is not Kids' Place. Mr. Cisneros explained that due to ADA requirements, the playground equipment at the children's park requires the installation of manufactured surfacing. He said the money for that project is in the budget and it will be completed. Dr. Gonzales said he had asked for a report on the development of the park in that location. Mr. Cisneros said he would provide a copy of the report provided to the Council. In response to Council Member Garrett, Mr. Garcia explained that as a cost-saving measure, the Fire Department provides a shop where the fire fighters can manufacture their own chairs, shelving, and lockers. He said there was a lag between the time the new fire station on Rodd Field Road was opened and the time the chairs and some internal furnishings were completed. Consequently, furniture from other fire stations was moved into the new station until the furniture for that station was ready. Mr. Sam Beecroft, 144 Ropes, said he believes there is a growing appreciation among the people he talks to that the Council and staff are making a difference and having a positive impact. Mr. Tony Hartwell referred to a firearms transaction record form from the Bureau of Alcohol, Tobacco and Firearms. He said he had gone to Congressman Solomon Ortiz's office with suggestions on changing that form to reflect the number and ages of children of the person filling out the form. He suggested that the Council establish a pilot program in Corpus Christi that would Minutes Regular Council Meeting March 7, 2000 Page 5 require people to provide that information when purchasing a gun, as well as requiring them to purchase a safe box that is inaccessible to children. Mr. Gene Guernsey, 7522 Holly Rd., encouraged the Council to think about the future of Corpus Christi when they make decisions. He said he and his six -month-old son support the Council's efforts to create a better economy in the community. Mr. J.E. O'Brien, 4130 Pompano, said that buying $1,200 chairs is a symptom of not properly managing taxpayer dollars. He questioned when the city's Comprehensive Annual Financial Report (CAFR) will be available. He said there was a report about the city having money for the Council to attend the Washington conference but no monies to finish the children's playground. He also said the city pays $250,000 for lobbyists and no one knows what they do. Mr. O'Brien added that a citizen was told at the Water/Shore Advisory Committee meeting that they could have a copy of the staff's seafood market proposal after it was passed. Responding to Mr. Garrett, Mr. Garcia said the auditors have all the information for the CAFR, and they are scheduled to have the report back on March 25, 2000. Mr. Abel Alonzo, 1701 Thames, said he had read in the newspaper that McAllen was doing better than Corpus Christi, even though it took four attempts for McAllen to pass a sales tax. He said when a city concentrates on economic development, jobs are created. He challenged the community to come before the Council every week to concentrate on positive issues and to move forward, and he said they have to pay the price for growth. Mr. Rolando Barrera, 2621 Camargo, said he was representing the Hispanic Contractors Association, which supports economic development in the community. He said their organization would like to see a more diverse representation on the Economic Development Corporation Board, as well as a clear and concise plan on how a possible economic development tax would be spent. Mr. Phillip Lara, 538 Indiana, said positive changes have been occurring on the bayfront. He said seafood markets in other marinas around the country are thriving, and a similar wharf in Corpus Christi's marina will generate money for the city. Dr. Gonzales said the legislation that he helped pass several years ago regarding selling seafood off of boats was designed for the boat owners to make money but also to create seafood markets in the future. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-6). There were no comments from the Council or the audience. City Secretary Chapa polled the Council for their votes: 3. M2000-068 Motion authorizing the City Manager or his designee to execute an engineering services Minutes Regular Council Meeting March 7, 2000 Page 6 contract in the amount of $780,565 with BHP Engineering for the O. N. Stevens Water Treatment Plant chemical storage and feed system addition and upgrade project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 4. ORDINANCE NO. 023965 Ordinance appropriating $34,213.23 from the State of Texas in the No. 6010 Trust Fund - Law Enforcement Officer Standards and Education for training of police personnel; amending the FY99-00 Budget, adopted by Ordinance No. 023702 by adding $34,213.23 to the No. 6010 Trust Fund - Law Enforcement Officer Standards and Education. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 5. ORDINANCE NO. 023966 Ordinance authorizing the City Manager or his designee to execute a use privilege agreement with CWS Communities, L.P., owners of the Misty Winds Manufactured Home Park, for the right to construct, install and maintain two concrete box culvert structures and two 45 -foot wide vehicular bridges across an 80 -foot wide city drainage easement right-of-way; establishing a fee of $2,070. 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. 6.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, to adopt the 1999 National Electric Code, with minor alterations, as the City of Corpus Christi Electric Code; providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 6.b. FIRST READING ORDINANCE Amending Section 13-6, Plumbing Code, of the Code of Ordinances, City of Corpus Christi, Minutes Regular Council Meeting March 7, 2000 Page 7 by revising the standards for lawn irrigation systems and by providing exceptions to the provisions relating to trap seals and separate facilities; providing for penalties. The foregoing ordinance passed on first reading 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 7, neighborhood parks rehabilitation project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 7. M2000-069 Motion authorizing the City Manager or his designee to execute a construction contract with Reese Contracting in the amount of $477,000 for the Neighborhood Parks Rehabilitation Project. 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 8, Kostoryz Road improvements. He called for comments from the audience. Mr. J.E. O'Brien said he was not opposed to the appropriation of $78,484 in the Stormwater CIP Fund, but he was opposed to the $160,966 going into the Street CIP Fund, which he said was a transfer that is prohibited by the City Charter. He said the proper vote on this item is "No." Mr. Jack Gordy addressed Item 8.d. on the day's agenda. He said many people were wondering why that ordinance needed to be amended by deleting the word "transferring" and replacing it with the word "loaning." He said those changes should have been done before the Council originally voted on that ordinance on December 21, 1999. Council Members Scott and Garrett asked City Attorney Bray whether transferring money is a violation of the City Charter. Mr. Bray replied that transferring money gratuitously would violate the Charter; i.e., to take utility funds and subsidize another activity like a General Fund activity where the Utility Fund is not being reimbursed for those dollars. On the other hand, the Charter does not prohibit a loan from the Utility Fund to another fund where the Utility Fund is fully reimbursed with a rate of interest that would be comparable to what the Utility Fund would get if it were invested. Mr. Bray added that the reason the Council has done this in several cases recently is because the Utility Fund is made entirely whole, the loan is carried on the books as an asset Minutes Regular Council Meeting March 7, 2000 Page 8 accounting -wise, and it saves the taxpayers money in the General Fund because it cuts down on the cost of borrowing funds. With respect to Item 8.d., Mr. Bray read from the agenda memorandum, which states, "The previous appropriation ordinance on the Leopard Street Improvements Project-McKinzie to Rehfeld Road is unmistakably a loan from the Combined Utility Systems Fund to the Street Bond Fund (`with the funds actually borrowed...to be reimbursed...at 5.6% interest within 12 months.'). However, use of the word `transferred' has been the subject of an unfounded allegation in a lawsuit that 'said ordinance, by its terms, provides for a prohibited transfer ' Consequently, it is recommended that Ordinance 023879 be amended to substitute the word `loaned' for the word `transferred."' Mr. Bray said that ordinance obviously is a loan but the lawsuit itself claims that in terms it is a transfer, so if anyone is confused by that, this amendment will make it clear. Dr. Gonzales asked when the project will be completed. Mr. Angel Escobar, Director of Engineering Services, said the Kostoryz Road project is under the Texas Department of Transportation's TIP program and it is scheduled to be awarded in May 2000; the completion date is estimated to be October 2001. He said once the city finishes relocating the water and sewer lines, the contractor will begin construction in about July. He said he will need to find out if there will be a signal at the intersection of Kostoryz and Masterson. Mr. Longoria said they have been working on this project since he was elected to the Council in 1995, which is an example of the length of time projects can take to be constructed. He said that project has been the number one issue for the residents of the Crestmont subdivision and it will provide much-needed relief from traffic congestion along Kostoryz Road. Mr. Colmenero reflected on the amount of time the Council and staff spend in answering the negative comments made by citizens during Council meetings, which affects future investments in this city. City Secretary Chapa polled the Council for their votes as follows: 8.a. RESOLUTION NO. 023967 Resolution of statement expressing official intent to reimburse costs of Kostoryz Road improvements project. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 8.b. ORDINANCE NO. 023968 Ordinance appropriating $239,450 from the Unreserved Fund Balance in the Combined Utility Systems Fund; transferring to and appropriating $78,484 in the No. 3480 Stormwater CIP Fund for the Kostoryz Road Improvements Project; loaning and appropriating $160,966 in the No. 3539 Street Capital Improvements Project 2000 (CO) Bond Fund for the City's Minutes Regular Council Meeting March 7, 2000 Page 9 share of the State's Kostoryz Road improvements project, to be reimbursed to the Combined Utility Systems Fund at 6.16% interest; amending the FY 99-00 Budget, adopted by Ordinance No. 023702, by adding $239,450 to the Combined Utility Systems Fund; amending the FY 99-00 Capital Budget, adopted by Ordinance No. 023703, by adding $78,484 to the Stormwater CIP Fund and $160,966 to the Street CIP Fund. 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. 8.c. RESOLUTION NO. 023969 Resolution authorizing the City Manager or his designee to execute an advanced funding agreement with the Texas Department of Transportation in the estimated amount of $698,377.77 for the construction of Kostoryz Road improvements (Holly Road to Saratoga Boulevard). The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 8.d. ORDINANCE NO. 023970 Ordinance amending Ordinance No. 23879, adopted on December 21, 1999, which appropriated $728,834 from the Unreserved Fund Balance in the Combined Utility Systems Fund, for the purpose of clarification only, by substituting Section 2, deleting the word "transferring" and replacing it with the word "loaning." 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 9, Weed and Seed grants. He called for comments from the audience. Ms. Yvonne Guerra, 5821 Hugo Dr., said she represents the AVANCE Family Support and Education program, a safe haven site for the Weed and Seed program. She said she was appealing the decision made by the committee in not approving the renewal of AVANCE's grant. Ms. Guerra said that last week they closed their doors and Laid off five employees since they could not continue their literacy and fatherhood programs. She said they were asking for a grant of $5,500 to continue the program year to May 2000, which will allow some students to continue their GED testing as well as pay for childcare and transportation expenses. Minutes Regular Council Meeting March 7, 2000 Page 10 Mr. Jimmie Till, 6034 Lost Creek, thanked city staff for separating out the agenda items so they are more easily understood. Responding to Council Member Gonzales, City Manager Garcia said there was $197,000 available for the Weed and Seed program. The city received over 40 grant proposals totaling over $700,000 and since only 12 could be funded, there were many worthy programs that did not receive funding. He said staff was recommending these amounts but the Council can amend them. Dr Gonzales said he had been approached by several individuals regarding the cost (50 cents per person) of using the pool at the Joe Garza Recreation Center. Mr. Cisneros replied that the city had applied for a grant to subsidize the children's use of that pool, but that proposal was not one of the 12 being recommended for funding. A discussion ensued, and Mr. Garcia pointed out that the revenue the city receives from its pools is $270,000 annually, which goes back into the aquatics program and allows the city to operate the pools during the hours specified. He said if the Council directs staff to do so, they can change the amount of money the city charges to users of the pools, which would decrease the amount of revenue available to operate the pools. Consequently, that shortfall would have to come from another source or the pools' operations would have to change. Council Member John Longoria asked about Item 9.c. (an agreement with Youth Odyssey to provide $10,482 to implement youth development activities in outdoor settings). Mr. George Hodge, Director of the Weed and Seed program, said Youth Odyssey operates out of the Oscar Romero Center and they service youth from safe haven sites throughout the city. Mr. Longoria also inquired about Item 9.e. ($18,000 for transportation costs). Mr. Cisneros said that money is used to provide transportation for target -area youth to attend various city programs, such as the museum, swimming pools, and field trips. Mr. Longoria pointed out that Item 9.1. is a $21,122 grant to provide a Northside Manor Community Network Center. He asked about the drug elimination grant money that Northside Manor received from the U.S. Department of Housing and Urban Development. Mr. Hodge replied that some of that money provides for law enforcement services to that housing area, but he did not have all the details about it. Mr. Longoria discussed the lack of funding for such westside programs as AVANCE and the Boys and Girls Club at La Armada. Mr. Cisneros said that this year the Weed and Seed committee decided to provide partial funding for certain programs so they could expand it to 12 sites (four on the north side, four on the west side, and four city-wide sites). He added that other than ensuring that the selected programs served the specific target area, location was not a selection criterion. Responding to Mr. Longoria's question about AVANCE's grant request, Mr. Cisneros said that AVANCE had submitted grant requests for three programs: $24,934 for AVANCE Community Education Program; $3,099 for AVANCE childcare to West Oso ISD; and $5,490 for AVANCE transportation costs. He said AVANCE's appeal that day for $5,500 is apparently trying to encompass all three programs in some form. Minutes Regular Council Meeting March 7, 2000 Page 11 Mr. Longoria questioned the committee's decision to fund the program at Northside Manor Apartments when they still have $250,000 to spend from another funding source. Mr. Hodge replied that staff could have the committee readdress that item. Responding to another question from Mr. Longoria, Mr. Hodge said La Armada's grant request was to bring youth from the La Armada Boys and Girls Club to participate in programs at the main Boys and Girls Club site on Greenwood. A representative of AVANCE explained that they were asking for money to complete their program through April and May with minimum staffing. Council Member Colmenero asked about Item 9.h. for a Northside Outreach Program. Mr. Cisneros explained that the YMCA Executive Board is waiting for the decision on the OJP form before making their decision. He said if the board decided that they did not want to participate in the Weed and Seed grant program, it would free up the $8,265.75 being recommended for that program. Mr. Colmenero also asked about Item 9.e. regarding transportation costs. Mr. Hodge said that last year those costs totaled almost $17,600. Mr. Colmenero asked about other reprogrammed funds that may be available. Mr. Cisneros said staff is waiting to receive specific written verification from the Department of Justice that the city can reallocate unused funds. Mr. Garcia said that when the city receives that verification, staff will come back to the Council with a specific recommendation on how to use the reprogrammed funds. Mr. Colmenero suggested that funds be taken from Item 9.e. to be used by another project until the reprogrammed funds are available. Mr. Longoria made a motion to amend Item 9.e. to reduce the grant amount to $7,500 for transportation costs, and to add two new programs: Item 9.m. to fund the AVANCE program at $5,500; and Item 9.n. to fund the La Armada Boys and Girls Club for $5,000. Dr Gonzales asked how the funding reduction would affect the transportation program (Item 9.e.). Mr. Hodge said the funds are used to transport youth to various events throughout the city, such as the museum and pools. Dr. Gonzales then seconded the motion. Mayor Neal called for a voice vote on Mr. Longoria's motion to amend, and it passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. Responding to another question from Dr. Gonzales, Mr. Hodge said about 1,800 children utilized the Joe Garza pool. City Secretary Chapa polled the Council for their votes as follows: 9.a. M2000-070 Motion authorizing the City Manager or his designee to execute an agreement with the Tejano Academy of Fine Arts to provide $12,500 from the FY2000 Weed and Seed Program to implement a Prevention Through the Arts program, "Songs for Life." 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 March 7, 2000 Page 12 9.b. M2000-071 Motion authorizing the City Manager or his designee to execute an agreement with Fighting to Rid Gangs in America Foundation to provide $22,500 from the FY2000 Weed and Seed Program to implement a Leadership Enhancement and Achievement Development Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.c. M2000-072 Motion authorizing the City Manager or his designee to execute an agreement with Youth Odyssey to provide $10,482 from the FY2000 Weed and Seed Program to implement Youth Development Activities in Outdoor Settings. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.d. M2000-073 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $18,000 from the FY2000 Weed and Seed Program to implement a northside basketball program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.e. M2000-074 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $7,500 from the FY2000 Weed and Seed Program to implement a transportation program for youth recreation. The foregoing motion passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.f. M2000-075 Motion authorizing the City Manager or his designee to execute an agreement with James W. Fannin Elementary School to provide $18,321.25 from the FY2000 Weed and Seed Program to implement a summer program, "Math in the Kitchen." The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Minutes Regular Council Meeting March 7, 2000 Page 13 Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.g. M2000-076 Motion authorizing the City Manager or his designee to execute an agreement with South Texas Institute for the Arts to provide $12,500 from the FY2000 Weed and Seed Program to implement a Prevention Through the Arts program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.h. M2000-077 Motion authorizing the City Manager or his designee to execute an agreement with YMCA of Corpus Christi to provide $8,265.75 from the FY2000 Weed and Seed Program to implement a Northside Outreach Program; provided, however, that the contract will not be deemed effective, nor will any funds be dispersed, until Exhibit D, OJP Form 4000/3 "Assurances" is executed by a duly authorized representative of the YMCA of Corpus Christi. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.i. M2000-078 Motion authorizing the City Manager or his designee to execute an agreement with Gulf Coast Council of La Raza Inc. to provide $25,000 from the FY2000 Weed and Seed Program to implement an education enhancement program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.j. M2000-079 Motion authorizing the City Manager or his designee to execute an agreement with the Boys and Girls Club of Corpus Christi to provide $22,500 from the FY2000 Weed and Seed Program to implement a teen program with a special emphasis on gang prevention. 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 March 7, 2000 Page 14 9.k. M2000-080 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $8,000 from the FY2000 Weed and Seed Program to implement a boxing program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.1. M2000-081 Motion authorizing the City Manager or his designee to execute an agreement with the RC Foundation, Northside Manor Apartments to provide $21,122 from the FY2000 Weed and Seed Program to provide a Northside Manor Community Network Center. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.m. M2000-082 Motion authorizing the City Manager or his designee to execute an agreement with AVANCE Inc. to provide $5,500 from the FY2000 Weed and Seed Program to fund parenting, literacy, early childhood development programs and transportation services. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. 9.n. M2000-083 Motion authorizing the City Manager or his designee to execute an agreement with the Boys and Girls Club of Corpus Christi to provide $5,000 from the FY2000 Weed and Seed Program to fund the 3902 Teen Club with a special emphasis on gang prevention. 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 called for a brief recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, Bond Issue 2000. Minutes Regular Council Meeting March 7, 2000 Page 15 Deputy City Manager Noe referred to a computer presentation to discuss the proposed bond program, which consists of three elements: a 1/8th cent sales tax for a multi-purpose arena, a 1/8th cent sales tax to repair the seawall, and a property tax bond issue. He said that on February 15, 2000, staff presented in greater detail the property tax bond issue proposal known as Package #2, which consisted of the following: streets -$30.6 million; public health and safety -$9.7 million; public facilities -$1.8 million; and park and recreation -$10.9 million, for a total of $53 million. He said staffs goal with that proposal was to structure the debt in such a way that it would have a minimal impact on the tax rate by "backloading" the program. As a result, the increased maximum tax rate was 2.6 cents and the cost to the average homeowner was $17.50 per year or $1.46 per month. During the February 15th meeting, the Council asked staff to bring back another proposal with a smaller total amount. That proposal, known as Package #3, includes projects in the following amounts: streets -$15 5 million; public health and safety -$5.5 million; public facilities -$0.3 million; and park and recreation -$3.7 million, for a total of $25 million He said the Council had expressed an interest in proposing a bond package that could be implemented quickly; as a result, staff anticipates issuing debt in January 2001 after a November 2000 election. In addition, the projects would need to be substantially completed within three years. Mr. Noe said that significant differences between Package #2 and Package #3 are: replacing the proposed Yorktown Fire Station with a modular building; deleting five major projects (public safety training facility, Northwest Branch Library expansion, McKinzie Road, McArdle Road, and Yorktown Boulevard); adding Cliff Maus project with partial funding; and reducing the overall funding for street overlays and improvements. Mr. Noe said staff also developed a package which is a variation of Package #3. The other package, known as Package #4, consists of: streets -$15.3 million; public health and safety -$6.1 million; public facilities -$0.3 million; park and recreation -$3.5 million; and inflation -$0.5 million, for a total of $25.7 million. He then discussed the differences between Packages #3 and #4 as well as the impact on the average homeowner. Mr. Garcia pointed out that by mandating that a project be substantially complete in three years, it automatically eliminates any major street project that requires substantial right-of-way, improvement, and utility relocation. He said that is due to the lengthy legal process that must be followed in order to condemn and acquire the right-of-way for the utility relocation, which must occur even before the street construction can take place. Mr. Noe said in anticipation of those delays, staff was proposing that funds be included for right-of-way acquisition of specific street projects for this bond issue, with the assumption that the construction dollars be included in the next bond issue. Mr. Noe said staff also recognized the Council's desire to have a program that begins construction sooner so they developed Package #2A, which takes the same $53 million in projects as contained in Package #2 but issues approximately the same amount of debt for five years (rather than backloading the debt over six years). Minutes Regular Council Meeting March 7, 2000 Page 16 Council Member Kinnison asked about staff's approach to handling the operation and maintenance (O&M) costs in the alternative packages. Mr. Noe discussed the issue of including projects that have a good chance of being approved by the voters. Mr. Kinnison responded that it is not just a matter of selling the bond package to the public, it is a matter of the public being willing and able to afford the projects. He said they are not discussing the extreme pressure that will be placed on the General Fund to meet the O&M costs, which could result in a tax increase for that. In addition, he pointed out that the Crime Control and Prevention District will be coming up for voter approval again which, if it is not passed, will place more pressure on the budget. Mr. Kinnison then distributed copies of a bond proposal he had prepared, which was referred to as Package #5. He explained that he first took Package #2 (which was prepared by staff) and he backed out the projects that were scheduled for 2005 and 2006, resulting in a new starting point of $24,171,000. Mr. Kinnison then went through the projects and added some that the Council had indicated they wanted, while he also deleted other projects for a total of $28,788,000. He said one of the "big-ticket" items that he deleted was the Yorktown Fire Station for $1.4 million (which also has $875,000 of cost to man it) He said that project can be included in the next bond issue. Mr. Garcia pointed out that even without a bond issue, the cost of running the city increases 3% to 5% every year (for example, the cost of gasoline has increased since last year). He said the city's economic growth rate is not sufficient to offset the cost of providing city services. The City Manager said this community has not invested in its infrastructure since the last bond election in 1986; meanwhile, the infrastructure continues to deteriorate. He said the Council has made the decision to not raise taxes over the years, and part of the implementation of that decision is to cut costs wherever possible. For example, he said the decision to not build a new fire station results in an increase in the emergency response time, particularly in faster growing areas of the city. Mayor Neal called for comments from the audience. Ms. Johnnie Ray Seale, 144 Lakeshore Dr., said the Traffic Engineering Department and the Traffic Advisory Council have determined there is a need for a traffic signal at Congressional and Everhart but there is no funding at this time. She said she has lived at Country Club Townhomes since 1976 and they have been working with the city since 1985 to find safe ways for residents to travel in and out of that development. She asked that the Council make that signal a top priority. Mr. Manuel Ugues, President of the Corpus Christi Hispanic Chamber of Commerce, said their membership believes that economic development should be a high priority, and they support the concept of a 1/8th cent sales tax for economic development. He said the Hispanic Chamber believes the sales tax revenues should be used for projects that are beneficial to the entire community, such as infrastructure, small business training, and support of existing small businesses. In addition, they strongly recommend that at least 50% of the EDC board consist of women and minority representatives. Mr. Tom Niskala, CEO of the Corpus Christi Chamber of Commerce, said there is a limited Minutes Regular Council Meeting March 7, 2000 Page 17 number of taxpayers on which to place the burden of government, and if that number does not grow it will be increasingly difficult to meet the needs of the citizens. He said one way to solve that problem is a 1/8th cent sales tax for economic development, which will help businesses grow. Mr. Foster Edwards, CEO of the Corpus Christi Association of Realtors, said their organization is willing to pay more tax to increase growth in Corpus Christi through a 1/8th cent sales tax. He said they will work with the Council in promoting this issue, and he stressed the importance of unified support of the proposal. He said Corpus Christi is in a contest with other cities for economic development but it lacks the weapons the other cities have. Mr. Dixon Clements, Executive Officer of the Builders Association, said their association is very much in favor of any package the Council would propose to support economic development. He said they support a 1/8th cent sales tax for economic development being placed on the ballot in November. Mr. Tim Stevens said he owns a small business and he is the secretary of the Westside Business Association. He is a proponent of the I/8th cent sales tax for economic development because Corpus Christi is a wonderful place to live but they need help in attracting businesses. Ms. Shirley Mims, 4949 Everhart, said she serves on the Planning Commission and is a member of the board of the Chamber of Commerce. She spoke in favor of the 1/8th cent sales tax for economic development. She said if they do not create more jobs in Corpus Christi, her business suffers and her employees suffer. Responding to Council Member Gonzales, Dr. Nina Sisley, Director of Public Health, explained that the vector control program is currently housed in a substandard county -owned building. She said the city has invested money to improve the facility but the county does not feel it should spend any money to maintain it. In addition, she said they need a storage facility to store chemicals in order to meet Environmental Protection Agency standards. She said that while she is grateful that the animal control facility funding is still being recommended in the various bond proposals, she feels the vector control facility funding is needed almost as badly. In reply to Council Member John Longoria, Mr. Escobar described the proposals for both the vector control and animal control facilities. Dr. Sisley added that the reported O&M costs includes much laboratory equipment. Council Member Garrett asked about the effect of deleting the public safety training facility from the bond package. Fire Chief Adame and Police Chief Alvarez discussed the limitations of using their current training facilities, which they said does not allow the fire fighters and police officers to receive the extensive training that is necessary to maintain their skills. Council Member Colmenero asked about vector control costs, which Dr. Sisley and Mr. Noe addressed. He also asked about funding for parks, and Mr. Cisneros said it is more difficult to acquire grants for single dedicated uses of parks rather than multi-purpose uses. He also discussed the continuing growth of youth sports leagues, particularly of girls' teams. Minutes Regular Council Meeting March 7, 2000 Page 18 Mr. Colmenero also asked about the proposed reductions in some street projects, such as street lighting and overlays. Mr. Garcia said the city will continue to have a street lighting program, but the question is to what magnitude it will be able to provide those services. Mr. Colmenero suggested amending Mr Kinnison's proposal to include $600,000 for the vector control facility, $2 million for youth sports facilities, and $2 million for renovations of existing parks, which would total $33.3 million for that bond package. Council Member Scott said that no matter which bond package the Council adopts, the underlying issue is the city's inability to pay the ongoing maintenance and operation expenses because the city is not growing. He pointed out that the bond proposal assumes a growth in the tax base of 2.55%, but inflation is running between 3% and 5%. He said an economist told him recently that the job growth in Corpus Christi in the last year was 0.38%, while the rest of the state was 2.8%. He said those and other statistics indicate that there needs to be a method to fund economic development, such as the 1/8th cent sales tax. Mayor Neal said he wanted the Council to finish its discussion about the property tax bond issue before they consider the sales tax issues. Mr. Longoria said Mr. Kinnison's proposal includes many projects that have been needed for several years, specifically street projects. He said some people have criticized past bond packages because they contained too many projects, too much money, and there was uncertainty about how the projects would be completed. Mr. Longoria then suggested the following amendments to Mr. Kinnison's proposal: reinstating the $1.7 million for the public safety training facility; reinstating the $600,000 for the vector control facility; decrease the fire station ADA/co-ed projects by $150,000; decrease signalized intersections and upgraded signalized intersections by $300,000 each; decrease neighborhood street reconstruction by $1 million; decrease city share of street construction in new subdivisions by $100,000; and decrease street lighting by $200,000, which totals $29 million. Mr. Kinnison pointed out that in the category of neighborhood street reconstruction, staff included the Cliff Maus Drive project at a cost of $500,000; however, Mr. Kinnison had already separated out that project in his proposal. Consequently, Mr. Longoria's proposal in effect reduces the neighborhood street reconstruction category by just $500,000. Mr. Garcia commented that there are some interrelationships between the city's capital program and other key programs that have been Council priorities. He said the most direct one is the link between the community-based policing program and the police substations. He explained that through the use of grants and the Crime Control District, the city has been able to increase the number of police officers so there is enough personnel available to implement the community-based policing program. However, if the police substations are dropped out of the city's capital program, the policing program cannot be fully implemented. Mr. Longoria said there are other ways to utilize substations without building them, such as leasing them. Dr. Gonzales said that a three-year bond program does not develop a road map for the future. Minutes Regular Council Meeting March 7, 2000 Page 19 He said the public should be able to choose which projects they want to see completed, including the amount of funding involved. He said he did not think they should limit themselves to a $30 million bond program. Mr. Longoria and Mr. Kinnison commented that they thought their proposal was responsible and visionary. Mr. Colmenero discussed the importance of improving the city's parks and youth sports facilities. Mayor Neal suggested that the Council take a brief recess while staff incorporates Mr. Longoria's amendments to Mr. Kinnison's bond package. Upon reconvening, Mr. Noe referred to a spread sheet illustrating the bond packages as previously discussed by the Council: Package #2 - $53 million; Package #3 - $25.04 million; Package #4 - $25.25 million; Package #5 (Mr. Kinnison's proposal) - $28.78 million; and Package #5A (Mr. Longoria's proposal) - $29.038 million. Mr. Noe said Package #5A can be roughly categorized as follows: $5 3 million for public health and safety; $4.4 million for parks and recreation; $0.3 million for public facilities; and $19 million for streets. Mr. Garrett asked if the $53 million bond package could be placed on the ballot and approved by voters line for line. City Attorney Bray replied that traditionally, general obligation bond issues group the projects by category, such as streets, parks and cultural, and public safety. He said within those categories the projects can legally be broken down further into smaller ballot propositions. Mayor Neal commented on the effect of the senior citizen homeowners exemption. Mr. Kinnison made a motion to adopt Package #5A and proceed through the bond election preparation process, such as the neighborhood meetings, in order to receive community input. Mr. Longoria seconded Mr. Kinnison's motion. Dr. Gonzales said there were many projects needed in the city and he expressed concern about the projects that were eliminated from Package #5A. He then made a motion to amend Mr. Kinnison's motion to reinstate funding for the Northwest Branch Library expansion for $1.5 million. Mr. Colmenero seconded Dr. Gonzales' motion. Mr. Scott said he interpreted this proposal as being the first of two phases that will total six years (three years each). He noted that staff had projected the Northwest Branch Library expansion to be constructed in 2006; consequently, he felt that project should not be included in the first phase of this funding plan. Mr. Colmenero said he thought the Council needed to find a package that is saleable to the public. City Secretary Chapa polled the Council on Dr. Gonzales' motion to amend to fund the Northwest Branch Library expansion. The motion failed to pass by the following vote: Colmenero, Cooper, Garrett, and Gonzales voting "Aye"; Neal, Kinnison, J. Longoria, and Scott voting "No"; B. Longoria absent. Mr. Chapa polled the Council for their votes on Mr. Kinnison's motion to adopt Package Minutes Regular Council Meeting March 7, 2000 Page 20 #5A. The motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, J. Longoria, and Scott voting "Aye"; Gonzales voting "No"; B. Longoria absent. Mr. Garrett made a motion to direct staff to prepare a plan to place on the ballot a 1 /8th cent sales tax for a multi-purpose arena; seconded by Mr. Colmenero and passed as follows: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. Mr. Colmenero made a motion to direct staff to prepare a plan to place on the ballot a 1/8th cent sales tax for the repair of the seawall. The motion was seconded and it passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. Mr. Scott made a motion to direct staff to develop a plan for the utilization of a 1/8th cent sales tax for economic development, seconded by Dr. Gonzales. Dr. Gonzales discussed the importance of working together as an inclusive community, including ensuring that the EDC Board is representative of the make up of the city. Responding to Mr. Kinnison, Mr. Bray explained that there are two different kinds of corporations: one is a five - member board that is appointed by and serves at the pleasure of the City Council; the other type of corporation has a seven -member board appointed by the City Council, four of whom could be city officers or employees. Those members serve at the pleasure of the Council. Mr. Bray said the statute also provides that the city must approve all programs and expenditures of the corporation and shall annually review any financial statements of the corporation, and that the powers of the corporation shall at all times be subject to the control of the City Council. Mr. Garcia said if Mr. Scott's motion passes, staff will come back to the full Council with the details on how the program would be structured for the Council's approval. Mr. Scott's motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. Dr. Gonzales said he wished to change his vote on the motion adopting bond Package #5A to "Aye" so that it would reflect a unanimous vote by the Council. There was no objection from the rest of the Council members. 10. M2000-084 Motion approving a project list for Bond Issue 2000 and authorizing staff to proceed with necessary actions. 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 March 7, 2000 Page 21 * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia announced that the second "Cash for Trash" event will be held on March 11, 2000, from 9 a.m. to 3 p.m. at the J.C. Elliott Landfill. He then introduced Mr. C. Kim McGuire, who was hired as the city's Director of Environmental Programs. He noted that one of the Council's priorities was to consolidate the city's environmental efforts. Mr. McGuire said the city needs to set high standards in that area. Mr. Garcia also said the Planning Commission had asked to have a joint meeting with the City Council. He said the Council is currently scheduled to have joint meetings with the Crime Control District Board and the Nueces County Commissioners Court. Mayor Neal asked staff to recommend possible dates for a joint meeting with the Planning Commission. Mr. Garcia said since the Council's next regular meeting on March 21st is its presentations meeting, staff is suggesting that the meeting begin at noon. Mayor Neal called for Council concerns and reports. Mr. Colmenero asked for a report outlining recommendations to maintain public safety on the Peoples Street T -Head regarding skateboarding activity. Mr. Garrett asked about the status of the Solid Waste automated pilot program. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said one of the mechanized trucks had a problem and had not yet arrived. However, staff utilized an alternate system of lifts that attach to the city's regular trucks. Ms. Cooper announced that there will be a neighborhood meeting at the Northwest Senior Center hosted by Mrs. Longoria, Mr. Garrett, and herself on March 15th at 6 p.m. Mayor Neal thanked the Council for their unanimous support of the bond proposal, saying that now they can go out into the community to promote it. There being no further business to come before the Council, the Mayor adjourned the Council meeting at 7:25 p.m. on March 7, 2000. * * * * * * * * * * * * *