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HomeMy WebLinkAboutMinutes City Council - 05/09/2000I 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 May 9, 2000, which were approved by the City Council on May 16, 2000. WITNESSETH MY HAND AND SEAL, this 16th day of May, 2000. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 9, 2000 2:23 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Dr. Arnold Gonzales Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Rex A Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Secretary Mary Juarez Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett, following which the Pledge of Allegiance to the United States flag was led by Council Member Gonzales Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of April 25, 2000, Bond Program Public Hearing of April 26, 2000, and Town Hall Meeting of May 1, 2000. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Neal called for petitions from the audience. Betty Brandesky, 4017 Cork St., questioned Item 19 of the April 11, 2000 regular Council agenda regarding the acceptance of three parcels of land in exchange for street closures for Dusty Durrill. Mrs. Brandesky asked if the streets closed off for Mr. Durrill are going to be reopened in the future and if the City will be required to buy them back. Tom Utter, Assistant City Manager, stated that the City has no intention of opening the streets south of the Broadway sewer plant and that the streets have been considered unopened (paper) streets. In response to Mrs. Brandesky's question, Mr. Utter explained that the properties involved will be used for the amphitheater that Durrill & Durrill is proposing. Mr. Durrill offered an exchange of the three lots for property located at Carrizo Street and Agnes/Laredo interchange, connecting the South Bluff and Blucher Park birding sites. Mrs. Brandesky also thanked Director of Engineering Angel Escobar for responding to other issues she has addressed. At the request of Council members, Mayor Neal directed staff to place an item on the next Minutes Regular Council Meeting May 9 , 2000 Page 2 agenda regarding the new public comment procedure discussed at the retreat of May 2, 2000. Abel Avalos, 3529 S. Noylar Circle, thanked the Council for their approval of the CDBG grant to Buccaneer Little League. He said the monies would be an asset to the community and to the children. Vangie Chapa, 4610 Oso Parkway, expressed her gratitude for the Council's support of the Packery Channel project. She also spoke in favor of the City bond program and 1/8 cent sales tax proposal for economic development. Paul Garcia, 354 W. Saxet, thanked the Council for the CDBG funds for the Agnes Courtyard area. He gave an update on the Crosstown project completion in June and invited Council to attend the ribbon cutting in July. Phil Rosenstein spoke regarding the new public comment procedures. He said he felt there was not a consensus vote from the Council to approve this change. He quoted the Attorney General stating that citizens could speak their minds on unlimited subjects. Mr. Rosenstein remarked that there are issues he may want to address that could occur after the time limit required to be placed on the agenda. J.E. O'Brien, 4130 Pompano, objected to the new process for public comment. He also said that the Charter was violated because decisions cannot be made during workshop meetings when the new public comment process was decided on. Irving Dietz, 455 Miramar, asked when he would get a response from staff regarding his questions and concerns on the Texana Pipeline's lost water supply. Leon Perez, 904 Buford Street, addressed the Council on audience participation during the City Council meetings. Isaac Valencia, 3122 Leopard, President of the Police Officers Association, addressed the issue of the city budget and the discussion of the possible elimination of the Police Academy. He feels that this decision would have a negative impact on the public safety of the community. Jose Marroquin, 2433 Allencrest, voiced his concern on the policy of the new public comment, stating that it is a barrier on citizen's concerns. He also feels that economic growth can not occur if the city does not maintain expenditures. R.F. Hasker, 1813 Wallace, also objected to the new public comment procedure, stating the Attorney General says there should not be restrictions to public comment. Abel Alonzo, 1701 Thames, commented there is too much negativism at the Council meetings. He also referred to budget discussions regarding the relocation of children to different Minutes Regular Council Meeting May 9 , 2000 Page 3 Park and Recreation centers and the elimination of lifeguards. Carlos Torres, 6014 Ayers, President of the Firefighters Association, referred to an article in the Corpus Christi Caller -Times regarding the drag -up pay and accrual leave of firefighters upon retirement. He feels that unbudgeted liability should not jeopardize the public safety needs of the community during the budget cuts process. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-19). Council members and members of the audience requested that Items 2, 3, 5, 7, 8, 10, and 19 be withheld for discussion. Assistant City Secretary Juarez polled the Council for their votes and the following were passed: 4. M2000-131 Motion approving a supply agreement with DPC Industries, Inc., Corpus Christi, Texas in accordance with Bid Invitation No. BI -0092-00, for approximately 1,080 tons of liquid chlorine based on low bid for an estimated annual expenditure of $274,320. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. The chemical will be used by the Water Department for water supply treatment. Funds have been budgeted in FY99-00. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M2000-133 Motion approving the purchase of forty (40) electronic pressure correcting instruments from Mercury Instruments, Inc., Cincinnati, Ohio in accordance with Bid Invitation No. BI -0101- 00. The award is based on low bid for a total amount of $31,816 and funds have been budgeted by the Gas Department in FY99-00. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye." 9. M2000-136 Motion authorizing the acquisition of Parcel No. 2 located on Daly Drive between Williams Drive and South Padre Island Drive for $19,500 in connection with the Williams Drive Lift Station Expansion and Buffer project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Minutes Regular Council Meeting May 9 , 2000 Page 4 Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. M2000-138 Motion approving Metropolitan Planning Organization (MPO) Designation Agreement designating the Transportation Policy Committee as the MPO. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12. M2000-139 Motion authorizing the City Manager or his designee to submit an application to the U.S. Department of Housing & Urban Development (HUD) for $1,521,393 for a three-year Lead - Based Hazard Control in Privately -Owned Housing Grant Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13. RESOLUTION NO. 024024 Resolution authorizing condemnation proceedings by the City to condemn fee simple title to 9.853 acres out of Lot 11, Block 3, Navigation Industrial Park, Section 2 from the owner Ear, Nose and Throat Pension Plan in connection with the Savage Lane Pumping Plant Clearwall Replacement project and for other municipal purposes. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14. RESOLUTION NO. 024025 Resolution of the City Council of the City of Corpus Christi, Texas approving the Application of Chapter 394 (The Texas Housing Finance Corporation Act) of the Texas Local Government Code, to the City of Corpus Christi, Texas, for the purpose of making property located within the City of Corpus Christi, Texas, eligible for (1) single family housing for persons of low and moderate income financed by loans made from the proceeds of the Coastal Bend Housing Finance Corporation Single Family Mortgage Revenue Bonds (GNMA and FNMA Mortgage-backed Securities Program), Series 2000A, or (2) in the alternative, or in combination therewith, a Mortgage Credit Certificate Program. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting May 9 , 2000 Page 5 15.a. M2000-140 Motion authorizing the City Manager or his designee to accept three grants totaling $7,500 from the Texas Book Festival to fund the purchase of library materials for the Greenwood, Parkdale and Janet F. Harte Libraries. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.b. ORDINANCE NO. 024026 Ordinance appropriating $7,500 from the Texas Book Festival in the No. 6010 Trust Fund to purchase library materials for the Greenwood, Parkdale and Janet F. Harte libraries; amending FY99-00 Budget, adopted by Ordinance No. 023702 to increase appropriations by $7,500 in the No. 6010 Trust Fund - Library. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.a. RESOLUTION NO. 024027 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Coastal Bend Council of Governments that will fund the preparation of newsletters regarding recycling, composting and waste reduction. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.b. ORDINANCE NO. 024028 Ordinance appropriating $11,000 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for the preparation of newsletters regarding recycling, composting, and waste reduction. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.c. RESOLUTION NO. 024029 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Coastal Bend Council of Governments that will fund the purchase of a paint can Minutes Regular Council Meeting May 9 , 2000 Page 6 crusher for the household hazardous waste operation. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.d. ORDINANCE NO. 024030 Ordinance appropriating $14,715 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for the purchase of a paint can crusher for the household hazardous waste operation. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.e. RESOLUTION NO. 024031 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Coastal Bend Council of Governments that will fund the purchase of a Mobile Water Injection System (water truck) for the City's composting operation. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.1 ORDINANCE NO. 024032 Ordinance appropriating $32,226 from the Coastal Bend Council of Governments, in the No. 1050 Federal/State Grants Fund for the purchase a Mobile Water Injection System (water truck) for the City's composting operation. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 17. M2000-141 Motion authorizing the City Manager or his designee to execute a contract with Collier, Johnson & Woods in the estimated amount of $105,000 to perform the financial and compliance audit requirement for fiscal year ending July 31, 2000. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting May 9 , 2000 Page 7 18. ORDINANCE NO. 024033 Ordinance appropriating $3,900 in the No. 6010 Trust Fund for programs planned by the Sister City Committee. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 2, rental of trash compactors. Mr. Joe O'Brien questioned the necessity to purchase the trash compactors. Mr. Garcia replied that the two trash compactors operated at the Convention Center and the Airport are a more effective method of trash disposal and are needed. Assistant City Secretary Juarez polled the Council for their votes: 2. M2000-129 Motion approving a supply agreement with Waste Management, Corpus Christi, Texas for the rental of two trash compactors, in accordance with Bid Invitation No. BI -0053-00 based on low bid for an estimated annual expenditure of $20,838. The term of the agreement will be for twelve months with options to extend for up to two additional twelve month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Convention Center and the Aviation Department in FY99-00. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Garrett and B. Longoria absent. ************* Mayor Neal opened discussion on Item 3, purchase of fleet vehicles. Mr. O'Brien questioned the spending of $90,198.91 and the necessity of purchasing these vehicles. Mr. Garcia responded that the vehicles are replacements and the sedans would be used for emergency response. Assistant City Secretary Juarez polled the Council for their votes as follows: 3. M2000-130 Motion approving the purchase of one 15 passenger van, one full size sedan and three intermediate size sedans from the Houston Galveston Area Council of Governments (HGAC), for a total amount of $90,198.91. The award is based on the cooperative Minutes Regular Council Meeting May 9 , 2000 Page 8 purchasing agreement with HGAC and the vehicles will be used by the Fire Department. Financing will be provided through the City's lease/purchase financing agreement with Koch Financial Corporation. All five vehicles are replacements to the fleet. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, purchase of a 5 -ton brush fire truck. Mr. O'Brien questioned purchasing the fire truck at a budget crisis time. Chief Juan Adame commented that the vehicle will service the west end of the city to handle brush fires. He feels purchase is cost effective and the vehicle can be used as a rescue unit during floods. There are only two trucks to service the city. Assistant City Secretary Juarez polled the Council for their votes: 5. M2000-132 Motion approving the purchase of a 5 -ton brush fire truck from Memphis Equipment, Memphis, Tennessee for $59,000 based on sole source. This truck is a replacement and will be used by the Fire Department. Financing will be provided through the City's lease/purchase financing agreement with Koch Financial Corporation. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, Regional Transportation Authority miscellaneous street improvements. Mr. Leon Perez asked why the City needs to spend funds for engineers to fix the streets. Mr. Escobar explained that the City does not have a design department in-house. He also stated this item is the second phase of an agreement for miscellaneous street improvements with the Regional Transportation Authority. Mr. Garcia said the design work is contracted out allowing staff to handle the workload better and projects are coming up on time. In response to Council Member Colmenero, Mr. Escobar replied that there is a production increase with less staff and the consultant pay is very competitive. Mrs. Longoria stressed the effectiveness of the new procedure and thanked the engineering staff for their hard work. Council Member Scott directed staff to place on the agenda the RTA renewable funding agreement with the city. Assistant City Secretary Juarez polled the Council for their votes as follows: Minutes Regular Council Meeting May 9 , 2000 Page 9 7. M2000-134 Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley & Associates, Inc. in the amount of $49,090 for the Regional Transportation Authority miscellaneous street improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, O.N. Stevens Water Treatment Plant wash water system project. Mr. O'Brien raised concern regarding $214,000 coming from the Utility Department and the necessity of the project at this time. Mr. Escobar said the amendment is a critical part of the treatment process. He also stated the EPA water rule passed gives a deadline of December 16, 2001 to meet the requirements' schedule. Assistant City Secretary Juarez polled the Council for their vote: 8. M2000-135 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the engineering services contract with Smith, Russo & Mercer Consulting Engineers in the amount of $214,100 for the O. N. Stevens Water Treatment Plant wash water system project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye", Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, hiring of Barry S. Shanoff for legal issues related to the city's landfill. Mr. O'Brien asked for an explanation for hiring an attorney with all the budget problems and why the item was placed on the consent agenda. Mr. Bray explained that the landfill is experiencing competition from area landfills and it raises financial issues about the city's investments. He also stated there are certain areas of law regarding constitutional issues with respect to how landfills are designed that require a specialty lawyer. Assistant City Secretary Juarez polled the Council for their vote as follows: 10. M2000-137 Motion authorizing the City Manager or his designee to execute a legal services agreement Minutes Regular Council Meeting May 9 , 2000 Page 10 with Barry S. Shanoff of the law firm of Knopf & Brown (at $200 per hour) to assist the City with legal issues related to the City's landfills and the disposal of solid waste generated within the city limits. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 19, establishing one-way traffic patterns. Council Member Colmenero complimented staff in working with the schools to deal with issues that have evolved in residential areas. Assistant City Secretary Juarez polled the Council for their votes: 19. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250 - Schedule 1, One- way Streets and Alleys, Section (a-1) School Areas, by establishing a one-way traffic pattern on: * Ft. Worth Street, in the direction of Peerman Place to Driftwood Place, during the school hours of Wilson Elementary School, * Bernandino Street, in the direction of Delgado Street to Gollihar Road, during the school hours of Prescott Elementary School, * Kasper Drive, in the direction of Lincoln Street to McArdle Road, during the school hours of Central Park Elementary School, and providing for penalties. The foregoing ordinance passed on its first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 20. Case No. 0200-05, Raymond L. Hernandez. Jr. and Juanita L. Lozano: A change of zoning from a "B-1" Neighborhood Business District to an "I-2" Light Industrial District on Dahlia Terrace, Block 2, Lots 4 and 5, located on the west side of Ayers Street, approximately 175 feet south of Fern Drive. Mr. Utter said there was a letter from the applicant requesting that if there was no opposition to the "B-4" approval recommended by the Planning Commission, the owners would accept the decision; however, if there were comments or opposition, they requested the case be postponed so they could attend the hearing and address Council's concerns. Minutes Regular Council Meeting May 9 , 2000 Page 11 No one appeared in opposition to the zoning change. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Scott, and passed. In response to Council Member Longoria, Michael Gunning, Director of Planning, stated that the skateboard ramp is not allowed in the current "B-4" and the applicant will be required to enclose it and they are planning an expansion. He also explained the applicant will not be allowed to have the outdoor area. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 024034 Amending the Zoning Ordinance upon application by Raymond L. Hernandez, Jr. and Juanita L. Lozano by changing the zoning map in reference to Lots 4 and 5, Block 2, Dahlia Terrace, from "B-1" Neighborhood Business District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 21. Case No. C0400-02, City of Corpus Christi: A change of zoning from an "I-2" Light Industrial District to a "B-4" General Business District on South Bluff, Block 22, south half of Lots 1 and 2 and north half of Lots 15 and 16, located on the west side of South Alameda Street, approximately 75 feet north of Laredo Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" District. No one appeared in opposition to the change. Mr. Colmenero made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024035 Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to south half of Lots 1 and 2, north half of Lots 15 and 16, Block 22, South Bluff Addition, from "I-2" Light Industrial District to "B-4" General Business 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, Minutes Regular Council Meeting May 9 , 2000 Page 12 Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the appeal of permit denial: 22. Consideration of appeal by Corpus Christi Beach Association of Police Chief's decision to deny parade permit application for bicycle travel over Harbor Bridge. Mr. Bray stated that this request is an appeal pursuant to the city's parade ordinance that was timely brought to the City Council by the City Secretary. The Police Chief denied the parade permit on the grounds the event is unsafe and a separate ordinance prohibiting bicycles on the Harbor Bridge. This ordinance regarding bicycles would have to be amended to allow riders on the bridge. Police Chief Pete Alvarez said the request was denied because of the safety concerns on the Harbor Bridge. He explained that there is an ordinance prohibiting cyclists on the Harbor Bridge. Chief Alvarez stated that 200 bicyclists would create congestion due to high speed; also, possible mechanical problems might cause a dangerous situation. He also said there would be no protection to the cyclists from oncoming traffic except for rubber cones because the Texas Department of Transportation requires the city to keep one lane open for traffic flow. Another concern is support vehicles must stay in the open traffic lane which could also cause a danger to motorists. Chief Alvarez reported that twenty traffic officers would be required to man the traffic on the bicycle route. He reiterated that he has an obligation to express his concerns for public safety and would consider alternatives. Mr. Garcia explained due to the nature of this appeal, Council has three options: affirm the Chief's decision, reverse the denial, or amend the ordinance. Council Member Garrett asked about the estimated cost of the officers required to monitor the route. Chief Alvarez stated the day and swing shifts will be combined and overtime hours will be minimal but it will leave the City with less traffic enforcement. Responding to Mr. Garrett, Mr. Garcia said the coning on the bridge would require overtime work by the Street Department. Council Member Cooper asked Mr. Bray if the ordinance would have to be changed completely to allow the event. Mr. Bray explained the ordinance would have to be amended to allow for exceptions. In response to Mr. Longoria, Chief Alvarez said the event has occurred in the past and although no one was hurt, hazardous observations were made. Mr. Longoria said he felt the entire route was dangerous and cyclists would be spread out, putting themselves at high risk. Dr. Gonzales inquired why the Corpus Christi Beach Association was not paying for the costs provided by the city if the permit was allowed. He also supported Chief Alvarez and Mr. Longoria by saying safety is very important. Mr. Colmenero said he thought the event's potential to the community had not been Minutes Regular Council Meeting May 9 , 2000 Page 13 completely discussed and had merit. He encouraged staff to work with organizers to look at the issues and find resolutions to allow for major event opportunities. If the Council did overturn the Chief's ruling, Mr. Scott requested that the organizers pay for any expenses that would allow for extra safety precautions at no additional cost to the taxpayers. Responding to Ms. Cooper, Mr. Bray said the City could be sued for injuries. Ms. Cooper asked if a release form could be signed by the cyclists preventing risk of lawsuits. Mr. Bray said the form might reduce the lawsuits, but would not cover third parties, causing a potential liability. Ms. Cooper continued by saying the ordinance is in effect because the city is aware of the possible dangers of riding on the Harbor Bridge. She also said if participants signed a release form and assumed the risk, she may consider it. Mayor Neal asked for public comment from the audience. Betty Black, 725 Crown Harbor, President of the Corpus Christi Beach Association, asked the Council to make an exception to the ordinance by allowing the Bay Breeze 2000 to cross over the Harbor Bridge beginning at 7:30 a.m. on October 9, 2000. She stated safety is always a primary factor but no one has ever been hurt riding over the Harbor Bridge in the past. Ms. Black said that the event needs city support and could increase growth potential to the city's hotel and tourism industries as it has done in several other communities. Mayor Neal asked why organizers could not start at the Bayfront Convention Center and finish at the Texas State Aquarium. Ms. Black answered that the bridge is the "carrot" to bringing tourism to the Corpus Christi area. Responding to Mr. Garrett, Clay Ewing, Bay Breeze 2000 organizer, stated that any age group could ride in the event with parental or guardian consent. Ms. Black said a waiver is always signed regarding liability. Ms. Cooper said she would like a waiver to exclude the city being liable for injuries. Mr. Ewing replied the waiver does state that the city is not liable and the organization has insurance to cover the city. Ms. Cooper expressed concern that minors cannot waive their right to sue and only adults should be allowed to ride. She stressed the possibility the city would still be liable because of the dangers of the ride. Don Craig, 529 Naples, said he is a casual cyclist and supports riding over the Harbor Bridge. He said the bridge would be the highlight of the event and hopes the liability issues can be resolved. Mr. Bray stated there is a provision which requires the Council to make a decision during the day's meeting and the applicant can reapply for the permit if their request is denied. Dr. Gonzales made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Mr. Longoria asked Ms. Black why a "Plan B" had not been established. Ms. Black said the plan was to bring tourism to the area by including the Harbor Bridge in the event. Mrs. Longoria expressed her concerns for safety and said she was not supportive. Dr. Gonzales made a motion to deny the appeal, seconded by Mrs. Longoria. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting May 9 , 2000 Page 14 22. M2000-146 Motion to deny the consideration of appeal by the Corpus Christi Beach Association. The foregoing motion passed by the following vote: Neal, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye", Colmenero, Cooper, and Scott voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, adopting the Consolidated Annual Action Plan. Mr. Longoria asked Council to review the YWCA's request for funding handicapped accessible doors. Mr. Longoria made a motion to take $5,000 from Item 39 and award it to YWCA, seconded by Mrs. Longoria, and passed. City Secretary Chapa polled the Council for their votes as follows: 23.a. M2000-142 Motion adopting the FY2000 CDBG, ESG, and the HOME Programs. The foregoing motion passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. 23.b. RESOLUTION NO. 024036 Resolution adopting the City of Corpus Christi Consolidated Annual Action Plan (AAP) for Community Planning and Development Programs for FY2000; authorizing the City Manager or his designee to submit the Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the Consolidated AAP if required by the U.S. Department of Housing and Urban Development. The foregoing resolution passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. ************ * Mayor Neal opened discussion on Item 24, preparation of additional sidewalk improvements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. M2000-143 Motion authorizing the City Manager or his designee to execute Amendment No. 2 in the Minutes Regular Council Meeting May 9 , 2000 Page 15 amount of $13,060 to the engineering contract with Shiner, Moseley & Associates, Inc. for preparation of drawings and related items for additional sidewalk improvements to be included in the Bay Trail, Phase 2 project, Texas Department of Transportation (TxDOT) construction plans. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, regarding selection of advisors for utility system improvements, refunding bonds, combination tax and Solid Waste revenue. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25.a. M2000-144 Motion approving the selection of M E Allison & Company as Financial Advisor; McCall, Parkhurst, and Horton as Bond Counsel; Morgan Stanley Dean Witter as the Senior Managing Underwriter; Ramirez & Company and Morgan Keegan as Co -Managers for the Utility System Improvement and Refunding Bonds Series 2000-A. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 25.b. M2000-145 Motion approving the selection of M E Allison & Company as Financial Advisor; McCall, Parkhurst, and Horton as Bond Counsel; A.G. Edwards & Sons as the Senior Managing Underwriter; and Merrill Lynch & Company as Co -Manager for Combination Tax and Solid Waste Revenue, Series 2000. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the executive sessions, pursuant to Texas Government Code Section 551.071 regarding Items 26, 27 and 30; Items 28 and 29 were withdrawn. 26. Executive session pursuant to Texas Government Code Section 551.071 regarding Kelly Lewis v. City of Corpus Christi No. 94-1650, 94`h District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Minutes Regular Council Meeting May 9 , 2000 Page 16 27. Executive session pursuant to Texas Government Code Section 551.071 regarding George Kines Taylor et al v. City of Corpus Christi, No. 98-61993-3, County Court at Law No. 3, Nueces County, Texas, with possible discussion and action related thereto in open session. 28. Lxccutive sessle,rpursuaiktu-Texas Cevei,nnei.t Codc Seetioi 551.071 regarding Joc Moya • , :th District Court, Nucccs County, Texas, with possible diseussion and action rclatcd thcrcto in opcn session. '• - t. - . •' ISI Nucccs County, Texas, with possible discussion and action rclatcd thcrcto in open session. 30. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al No. 96-12-7404-A, 107"' District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia discussed the upcoming events including the May 10th bond hearing at Moody High School and May 18th Texas Municipal League Quarterly Region 11 meeting at the Community Center in Victoria, Texas. He said the Council meeting on May 16th will include presentations on the Department of Public Safety lane reversal of I-37, comments on budget adjustments for FY99-00 budget, the Airport Board action plan, and the discussion on the Durrill amphitheater site. He also gave an update on the Cole Park rat problem efforts. Mr. Longoria thanked the City Secretary's Office for putting the board reception together. He said the city received positive comments and he hopes the city can continue this event in the future. Mr. Colmenero requested that the Council send a thank you letter to the Coastal Bend Pest Control Association for their efforts on the rodent problem. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:07 p.m. on May 9, 2000. *************