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HomeMy WebLinkAboutMinutes City Council - 07/18/2000I 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 July 18, 2000, which were approved by the City Council on July 25, 2000. WITNESSETH MY HAND AND SEAL, this 25th day of July, 2000. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 18, 2000 12:13 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Melody Cooper Council Members: Javier D. Colmenero Henry Garrett Dr. Arnold Gonzales 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 Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Randy Thomas, Annaville Baptist Church, 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 July 11, 2000. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Civil Service Board/Commission Andrew Lehrman (Reappointed) Cydney Farrar * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was made by Dr. Ron Waters of Freese & Nichols regarding the quarterly update on the Wesley Seale Dam stabilization project for the period April through June 2000. He noted that the prime contractor, ASI -RCC Inc., mobilized to the site in early July 1999 and work is progressing three to four months ahead of schedule. With regard to installing the ballast, Dr. Waters said the north spillway is 99% complete and the south spillway is 30% complete. Dr. Waters also discussed the work involving the gate extensions, concrete hearth slab, low -flow discharge channel, draining of the basin, and the rip rap placement upstream on the north embankment. Dr. Waters noted that about $10.9 million of the Minutes - Regular Council Meeting July 18, 2000 Page 2 approximately $18 million contract has been spent so far. There were no questions from the Council. The second presentation was the proposal for disposition of selected city park land. Mr. Tony Cisneros, Director of Park and Recreation, said Texas law stipulates that any land designated as a "park" in a city may not be disposed of by that city without the will of the people being exercised in the form of a public referendum. He noted that the Park and Recreation Advisory Committee has reviewed staff s recommendation. Mr. Cisneros said the City of Corpus Christi has numerous land parcels that have been designated as parks that should be disposed of for the following reasons: the parcel is too small to be properly developed as a neighborhood park; the parcel may have site conditions that are not conducive to neighborhood park development; the parcel is left -over property from a street realignment; the parcel was labeled as "park" on recorded subdivision plats or deed records; and/or the parcel is a maintenance drain on limited city resources. He explained the benefits to the city for disposing of such land: puts the property on the tax rolls in the form of residential or commercial development and redirects park resources to provide basic services for parks. He said staff is recommending that a public referendum for the disposal of park land be incorporated into the November 7, 2000 election. He said if the referendum is approved, all revenues generated from the sale of the park lands could be dedicated for the improvement or acquisition of future park projects. Mr. Cisneros then referred to maps of the following parcels of land which staff was recommending for disposal: Angel triangle, Arcadia, Betty Jean Circle, Cortez Drive triangle, Wandering Creek, Highland triangle, Waco triangle, McCall strip, Doddridge triangle, Ayers right- of-way, Cenizo Canyon, Parkview (0.5 acres), Martin Luther King triangle, Broadmoor (1.5 acres), Tuloso, H.J. Williams (2 acres), Edgewater Terrace (Lots 8 and 16), South Bay (0.2 acres) and Lum triangle. He responded to several Council members' questions, adding that staff will bring back a recommendation for proposed ballot language during the Council's August 22nd meeting. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-23). Council members requested that Items 14 and 19 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2000-231 Motion approving the purchase of twenty-two thousand (22,000) feet of all dielectric self- supporting fiber-optic cable in accordance with Bid Invitation No. BI -0114-00, from Anicon, Plano, Texas for a total of $34,980 based on best bid. The fiber optic cable will be used by Street Services for traffic signals and Internet connections. Funds have been budgeted by the Street Services in FY99-00. Minutes - Regular Council Meeting July 18, 2000 Page 3 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M2000-232 Motion approving the rebuild of a compactor and the purchase of a five year full maintenance agreement from Holt Company of Texas, Corpus Christi, Texas based on only bid for a total amount $449,000. The compactor is to be used by Solid Waste Services Department. Funds are budgeted in the FY99-00 Capital Outlay budget as lease/purchase. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M2000-233 Motion approving the purchase of ten computers and ten monitors from D & D Computer Warehouse, Corpus Christi, Texas for the Janet F. Harte Public Library in accordance with the State of Texas Cooperative Purchasing Program for a total of $17,580. Funds are available through the Library Capital Improvement Program Fund. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6.a. ORDINANCE NO. 024093 Ordinance appropriating $10,000 from the reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; amending the FY 99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $10,000 in the No. 5110 Maintenance Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6.b. M2000-234 Motion approving the purchase of two portable air compressors in accordance with Bid Invitation No. BI -0133-00, from Hertz Equipment Rental, Corpus Christi, Texas for a total of $20,000 based on low bid. These portable air compressors will be for the Gas and Wastewater Departments. Both items are additions to the Fleet. 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 July 18, 2000 Page 4 7.a. ORDINANCE NO. 024094 Ordinance appropriating $45,672.70 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment, amending the FY 99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $45,672.70 in the No. 5110 Maintenance Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.b. M2000-235 Motion approving the purchase of two skid steer loaders, two track excavators and one wheel loader in accordance with Bid Invitation No. BI -0149-00 from the following companies, for the following amounts based on low bid and low bid meeting specification. The equipment will be used by the Gas, Water, Wastewater and Street Departments. One skid steer loader and one track excavator are new units. All other items are replacements. H&V Equipment Services Crescent Machinery Coastal Plains Equipment Co. Corpus Christi. Texas Corpus Christi. Texas Corpus Christi. Texas Bid Items 2 and 5 Bid Items 3 and 4 Bid Item 1 $118,774.70 $53,050 $18,837 Grand Total $190,661.70 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8.a. ORDINANCE NO. 024095 Ordinance appropriating $17,898 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment, amending the FY 99-00 Budget, adopted by Ordinance 023702, to increase appropriations by $17,898 in the No. 5110 Maintenance Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8.b. M2000-236 Motion approving the purchase of four flat bed trailers and two utility trailers in accordance with Bid Invitation No. BI -0151-00 from the following companies, for the following amounts based on low bid and low bid meeting specification. The trailers will be used by Gas Minutes - Regular Council Meeting July 18, 2000 Page 5 Department and Wastewater Department. All items are replacements. H&V Equipment Services. Inc Superior Trailer Sale% Corpus Christi, Texas Corpus Christi, Texas Bid Item 1 Bid Items 2,3, & 4 519,947 56,900 Grand Total $26,847 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. M2000-237 Motion approving the purchase of three Ultra Low Volume Mosquito Sprayers from B&G Chemical and Equipment Co., Inc., Houston, Texas in accordance with Bid Invitation No. BI -0028-00, based on low bid meeting specifications for a total amount $17,355. The mosquito sprayers will be used by the Vector Control Division of the Health Department. Funds are available in the FY 99-00 Capital Outlay Budget. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. M2000-238 Motion authorizing the City Manager or his designee to execute Amendment No. 1 in the amount of $104,170 with Russell-Veteto Engineering, Inc. for the preparation of plans, specifications bid and contract documents for sanitary sewer lines associated with the South Alameda, Santa Fe, and Weber Road Rehabilitation Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. M2000-239 Motion authorizing the City Manager or his designee to execute a contract with Tiburon, Inc. in the amount of $43,028 for maintenance and software support services on the Police Department's Records Management and Computer Aided Dispatching System. The term of the contract is one year. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.a. M2000-240 Motion authorizing the City Manager or his designee to accept a grant in the amount of Minutes - Regular Council Meeting July 18, 2000 Page 6 $55,038 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund and to execute all related documents. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.b. ORDINANCE NO. 024096 Ordinance appropriating $55,038 from the State of Texas, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund; transferring $5,960 from the No. 6010 Law Enforcement Trust Fund and appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds. 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." 13.a. M2000-241 Motion authorizing the City Manager or his designee to execute a Reimbursement Contract in the amount of $50,000 with the Coastal Bend Bays & Estuaries Program, Inc., for Pollywog Pond Sanctuary Bird Watching Area Public Access Improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.b. ORDINANCE NO. 024097 Ordinance authorizing the transfer of $25,000 from the No. 4010 Water Fund to the No. 1050 Federal/State Grants Fund and appropriating a total of $75,000, including $50,000 for the Coastal Bend Bays and Estuaries Program, in the No. 1050 Federal/State Grants Fund for the Pollywog Pond Sanctuary Bird Watching Area Public Access Improvements Project. 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." 15.a. M2000-243 Motion authorizing the City Manager or his designee to accept an amendment for a grant increase in the amount of $1,318 to contract #770-00040 with the Texas State Library and Archives Commission to augment unexpended funds to allow for the purchase of a new postal metering system. Minutes - Regular Council Meeting July 18, 2000 Page 7 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. 024099 Ordinance appropriating $1,318 from the Texas State Library and Archives Commission in the No. 1050 Federal/State Grants Fund for the augmenting of Unexpended Funds to purchase a Postal Metering System. 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. ORDINANCE NO. 024100 Ordinance appropriating $67,995 from ClearSource, Inc. in the No. 1020 General Fund for municipal production facilities pursuant to ClearSource, Inc. franchise agreement; amending the FY 99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations in the No. 1020 General Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.b. M2000-244 Motion approving the purchase of video equipment for the council chambers and installation and integration with the current audio/video system from the Intellisys Group (formerly Pro Line Video), San Antonio, Texas in accordance with the State Cooperative Purchasing Agreement for the amount of $67,995. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 17. RESOLUTION NO. 024101 Resolution authorizing the City Manager or his designee to execute an Intergovernmental Agreement with Nueces County in the amount of $17,010 for the Water Valve and Manhole Cover Adjustments on Up River Road improvements to be included in the scope of work by Texas Department of Transportation (TXDOT) construction contract. 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 July 18, 2000 Page 8 18. RESOLUTION NO. 024102 Resolution authorizing the City Manager or his designee to apply for grants through the Coastal Bend Council of Governments Fiscal Year 2001 Regional Solid Waste Grants Program. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 20. RESOLUTION NO. 024103 Resolution authorizing the City Manager or his designee to submit a grant application up to $180,000 to the Telecommunications Infrastructure Fund Board for telecommunications infrastructure improvements at the Corpus Christi Public Libraries. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 21. ORDINANCE NO. 024104 Amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on parts of Cimmaron Boulevard, Northwest Boulevard, Leopard Street and McKinzie Road: a. On Cimmaron Boulevard, from 40 MPH to 35 MPH between Yorktown Boulevard and a point approximately 600 feet south of Bison Drive. b. On Northwest Boulevard (F.M. 624), revising the existing speed limits and revising current speed limit boundaries to the following: * 50 MPH to 45 MPH, from a point approximately 350 feet east of Riverside Drive and a point approximately 175 -feet east of River Run Drive. * 60 MPH, from a point approximately 30 feet east of East Riverview Drive to the west city limits. c. On Leopard Street, from 35 MPH to 40 MPH between Rehfeld Road and a point 1,975 feet west of Loma Alta Drive. d. On McKinzie Road (F.M. 3386) increasing the existing speed limits and revising current speed limit boundaries to the following: * 35 to 40 MPH, between the Interstate 37 North Frontage Road to a point approximately 400 feet south of the centerline of Leopard Street. * 40 to 45 MPH, from a point approximately 400 feet south of the centerline of Leopard Street to a point approximately 620 feet north of Kingsbury Drive. * 40 and 45 to 50 MPH, from a point approximately 620 feet north of Kingsbury Drive to the south city limits. and providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Minutes - Regular Council Meeting July 18, 2000 Page 9 Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 22. ORDINANCE NO. 024105 Amending the Zoning Ordinance by revising Article 12A, `B -1A" Neighborhood Business District by amending Section 12A-7, Supplementary Height and Area Regulations by requiring 100 feet frontage for a `B -1A" District; by amending Article 24, Height, Area and Bulk Requirements by amending the right-of-way for the `B -1A" District by changing minimum lot width and area to none. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 23. ORDINANCE NO. 024106 Amending the Zoning Ordinance by revising Article 31 newly annexed territory by amending Section 31-1 by requiring notice by publication before the 15t day before the date of hearing. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, Gates Foundation library grant. Mr. Herb Canales, Director of Libraries, explained that the $135,047 grant will provide for the purchase of 31 computers, network equipment and printers --four at each of the five branches plus 11 at the Greenwood branch for the creation of a regional training lab to be jointly operated with the Corpus Christi Literacy Council. Mr. Canales said that in addition to the computer hardware, the Gates Foundation is also providing a variety of educational software, training in Seattle for four staff members, and three years of technical support. City Secretary Chapa polled the Council as follows: 14.a. M2000-242 Motion authorizing City Manager or his designee to accept two grants totaling $135,047 and to execute a contract with the Bill and Melinda Gates Foundation to expand public access to computers and the Internet at the Corpus Christi Public Libraries and create a Regional Training Lab at the Greenwood Branch Library. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.b. ORDINANCE NO. 024098 Ordinance appropriating $135,047 from the Bill and Melinda Gates Foundation in the No. Minutes - Regular Council Meeting July 18, 2000 Page 10 3210 Library Capital Improvement Program Fund to expand public access to computers and the Internet at the Corpus Christi Public Libraries and provide a Regional Training Lab for the Greenwood Branch Library; amending Ordinance No. 023702, which approved the FY 99-00 Capital Budget, to add $135,047 to the Library Program. 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 19, education revenue bonds for a charter school. Mr. Tom Utter, Assistant City Manager for Development Services, explained that Dr. Maria Luisa Garza and the Gulf Coast Council of La Raza (GCCLR) have been attempting to establish a charter school for several years for the at -risk youth served by the GCCLR's shelter. Mr. Utter said the charter school will be located on eight acres of land on the southwest corner of Greenwood Drive and Horne Road. It will include approximately 56,000 square feet for seven classrooms, administrative offices, library, technology center, gymnasium, cafeteria and preschool facilities. He pointed out that this item does not involve any funding from the city because the revenue bonds are being issued by another entity. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO 024092 Resolution approving the issuance of $5,000,000 in aggregate principal amount of City of San Antonio, Texas, Higher Education Authority, Inc. Education Revenue Bonds (Dr. Maria Luisa Garza Academy of Transitional Studies Charter School Project), Series 2000 by the City of San Antonio, Texas, Higher Education Authority, Inc. for the Dr. Maria Luisa Garza Academy of Transitional Studies Charter School located in the City of Corpus Christi, Texas. The foregoing resolution 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 28, Texas Municipal Retirement System (TMRS) updated service credits. Ms. Cynthia Garcia, Director of Human Resources, explained that Council approval is required to adopt the TMRS contribution rate of 10.92% effective January 1, 2001. Ms. Garcia said the proposed ordinance would also update the prior service credits for current employees and adjust retiree annuities by 50% of the increase in the annual Consumer Price Index, which she explained. She noted that all permanent city employees except firefighters are members of TMRS. City Manager Garcia and Ms. Garcia also briefly responded to Council members' questions. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 18, 2000 Page 11 28. FIRST READING ORDINANCE Approval of Ordinance authorizing and allowing, under the Act Governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; and establishing an effective date for such actions. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett abstaining. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 31, Bay Trail Phase 2 improvements. Mr. Angel Escobar, Director of Engineering Services, explained that the project, which is essentially complete, has $495,000 of surplus funds which will be used for constructing continuous illumination of the hike and bike trail system; upgrading of park security lighting in Cole Park; and construction of additional hike and bike trails. Council Member Scott asked about the possibility of increased parking in any of the Ocean Drive parks. Mr. Cisneros replied that at this time there are no plans for additional parking. Responding to Council Member Colmenero, Mr. Escobar said the funding is only applicable to the hike and bike trails in Cole Park, not to the pier or parking. Council Member Gonzales asked about more intense lighting at Cole Park, and Mr. David Seiler, Traffic Engineer, said those kinds of lights are very expensive. Mayor Neal called for comments from the audience. Mr. Jimmie Till, 6034 Lost Creek, asked about plans for a hike and bike trail and fishing pier at the Oso where the railroad crosses. Mr. Escobar said those plans are in Phases 3 and 4. City Secretary Chapa polled the Council for their votes as follows: 31.a. RESOLUTION NO. 024110 Resolution authorizing the City Manager or his designee to execute Amendment No. 2 to the Advanced Funding Agreement between the State of Texas and City of Corpus Christi for Bay Trail Phase 2 Hike and Bike Trail Project to use remaining funds for increased force account work (hike and bike trail illumination and upgraded parking security lighting) and increased construction hike and bike trail throughout the park system. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes - Regular Council Meeting July 18, 2000 Page 12 31.b. M2000-245 Motion authorizing the City Manager or his designee to execute an agreement with Central Power & Light for the construction of continuous illumination along the Bay Trail Phase 2 Hike and Bike Trail Project at a cost not to exceed $106,463. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal referred to the additional agenda item that was posted as an emergency notice regarding measures being taken to address community concerns about gang violence. He noted that a special Council meeting was held on July 16, 2000 at Greenwood Senior Center during which questions were raised by citizens about how the city is addressing gang violence. The Mayor said he asked that this item be placed on the day's agenda to explain what is being done through law enforcement resources to protect neighborhoods and to bring lawbreakers to justice. He said the Corpus Christi Police Department is effectively handling the recent outbreak of gang violence along with all the other issues they have to deal with. The Mayor then called on representatives of several law enforcement and social service agencies to describe how they are addressing the situation and assisting youth throughout the city. Police Chief Pete Alvarez said the police have been spending many hours investigating the two gang -related shootings and the second incident is almost resolved with regard to the arrest of the suspects and recovery of the weapons used in that murder. He said they have also had several meetings with the District Attorney and he said the federal law enforcement agencies have also been very supportive of the Police Department's efforts. He said they have saturated the area where the violence occurred with police officers and that will continue until the situations are resolved. District Attorney Carlos Valdez reassured the Council and citizens said the situation is not out of control. He said historically there are these kinds of flare-ups of violence but the police have been working very hard and they expect that arrests will soon be made. Once they are, Mr. Valdez said they plan to push for the maximum punishment allowed by law. He added that they should not understate nor overstate the problem but all of the law enforcement agencies in Corpus Christi are working together to address it. He said in addition to law enforcement, they also need to address the problem from the social perspective with proactive programs. U.S. Attorney Patti Booth said she is interested in seeing this situation addressed through a team effort not only because she is a federal prosecutor but also because she is the mother of five children. She said her office will prosecute those crimes that are identified as federal violations during this investigation. Minutes - Regular Council Meeting July 18, 2000 Page 13 Mr. Bill Cassidy, FBI representative in Corpus Christi with the gangs task force, said they have been working with the Police Department over the past few years and have had some successful gang prosecutions. Police Cmdr. Bryan Smith, Coordinator of the Crime Control and Prevention District, said the district board held an emergency meeting that morning to discuss their involvement in addressing the recent gang violence. As a result, he said they are adapting their directed patrol program to better identify the problems in the neighborhood of Reynosa Street where the incidents occurred. He said they have not had any participation from the neighbors in that area at the Martin Citizen Advisory Council meetings. He said they will use the city's new automated phone dialing system to inform the neighbors of a future advisory council meeting at Holy Family Church. He said they will also target the parents there with information about anti -gang programs. Cmdr. Smith then responded to Council members' questions and comments. Bishop Edmond Carmody said studies have shown that criminals come from dysfunctional families who live in poverty. He said there are two approaches to criminal activity --the immediate approach of containing violence through law enforcement and the social approach of addressing the problems that bred the criminal activity in the first place. He said the community has to be involved and given the opportunity to get together and socialize, that way they can identify at -risk children. Mr. Adan Chavez, Assistant Principal at Martin Middle School, described many of the programs that are offered at Martin throughout the school year to involve students. Mr. Georg Johnson, CCISD Parent Coordinator, said the single most important part of a child's development is parent or family involvement. He said some of the programs they offer are Volunteers in Public Schools, parent education classes, academic and athletic booster clubs, and a variety of social programs. He said the community needs to take control of its own problems. Mr. George Hodge, Director of the city's Weed and Seed program, said the program is a multi -agency approach to combating drugs and crime in high -crime neighborhoods. He said some of the agencies they deal with are the South Texas Institute for the Arts, Northside Manor Apartments, Tejano Academy of Fine Arts, Youth Odyssey, YMCA, T.C. Ayers and HEB swimming pool programs, Gulf Coast Council of La Raza, Fighting to Rid Gangs in America, Park and Recreation and other programs. Responding to Council members' questions, Chief Alvarez said that if a neighborhood requests information, there is a process to notify residents about sex offenders living in their area. He also discussed information provided by anonymous callers and the function of the Juvenile Enforcement Team. Mr. Michael Raymond, Executive Director of the Corpus Christi Housing Authority, said they have a vast array of programs, most of which are focused on youth. He described a successful program of teaching young people to read and write and requiring them to rehabilitate the area they damaged through acts of violence. Minutes - Regular Council Meeting July 18, 2000 Page 14 Ms. Anne Baker, Director of the Boys and Girls Club, said the city (through CDBG grants) and the United Way allow the club to offer programs for 6- to 12 -year-olds during the day and teens through the evening. She said they offer both athletic and academic programs, as well as hot meals provided by the Food Bank. She also commented how the property behind the club is used as practice fields with plans for future development. Ms. Veronica Trevino, Communities in Schools, said they provide year-round programs at nine sites through a partnership with the school district. She said they act as advocates for children and their families who are referred to the program and they utilize the many resources that are available in the community, which she described. Mr. Steve Scherwin, Nueces County Juvenile Department, said they work very closely with community agencies to provide prevention services. He said that in addition to their main facility and boot camp, they have four satellite offices from Port Aransas to Robstown. He described the Project Spotlight program and he referred to informational brochures that are disseminated in the community. He noted that their efforts are for naught if parents do not identify their children's problems and seek assistance, and if people do not step forward to provide law enforcement agencies with information. He said the phone number of the Hope Line is 855-4673. Mayor Neal recognized Judge Hayden Head Jr., who was in the audience. Ms. Mariah Boone, Juvenile Assessment Center, said police bring children whom they arrest for truancy or violation of the daytime or nighttime curfews to the center for an immediate and comprehensive assessment. She said they offer free case management services to families in need of assistance and refer them to several of the agencies represented at the meeting that day. Ms. Sylvia Martinez, Community Youth Development program, said they provide services to youth living or attending school in the 78415 ZIP code area. It is funded through the city by the Texas Department of Protective and Regulatory Services and the goal is to assist communities in alleviating family and social conditions that lead to juvenile crime. The programs include mentoring, counseling, education, employment, and recreation. Ms. Linda Hodge, Recreation Superintendent for the city's Park and Recreation Department, said they offer a wide variety of programs for youth through senior citizens. She noted that the mother of one of the young people recently killed works in the city's Latchkey program. She also described the work of the Coastal Bend Alliance for Youth. Ms. Elaine Rodriguez Giovannini, YOU summer programs, said they have four YOU sites: Flour Bluff Junior High, Hamlin Middle School, West Oso Junior High, and Robstown. She said they offer counseling, personal development programs, economic skills, responsibility, arts and crafts, and prevention programs. She said they are planning to host a county -wide health fair. Ms. Darlene Avery, Youth Odyssey, said it is a non-profit organization that provides youth development to at -risk young people through adventure challenge programming. She said they have Minutes - Regular Council Meeting July 18, 2000 Page 15 worked with the agencies represented in referring the youth. Ms. Ann Berry, Family Outreach, said they use trained volunteers to teach parenting skills to prevent child abuse and neglect. They offer support groups for mothers, fathers, young parents, grandparents, ADHD and ADD children. She said their phone number is 888-6041. Ms. Karen Vaughn, Texas Agricultural Extension Service, discussed the Teen Leadership program, which is offered through the 4-H program associated with the Texas A&M University System. She said Teen Leadership is designed for 15-18 year-olds to help them gain leadership life skills and to meet youth from other high schools in the county. Their phone number is 767-5220. Ms. Paige Dinn, Commission on Children and Youth, described the Comprehensive Strategy on Youth, noting that one of their goals is to identify problem behavior at its earliest stage along with many other factors that contribute to juvenile delinquency. She also discussed many of the programs that are actively addressing youth concerns. Council Member Cooper pointed out that the Mayor's Task Force on Youth Violence was merged into the Commission on Children and Youth a few years ago and she discussed the importance of updating the informational brochure. Mr. Peter Mastrangelo, Executive Director of United Way, said the Council had heard from a number of agencies that are funded through the United Way. He said they also collaborate with agencies that do not receive funding from them to work with children every day, one child at a time. He said over 50% of their funds go directly to youth programming. He said the United Way's information line is 882 -INFO. Mr. Guy Nicholson, YMCA, described services they offer, such as mentoring programs and programs in the elementaries, middle schools and high schools. He discussed the importance of everyone getting involved. Ms. Carmen Bosquez-Avelar, YWCA, said they offer both parent and youth programs to promote healthy families. She said she also works as a parenting facilitator for Family Outreach. She said the YWCA's phone number is 857-5661. Dr. Maria Luisa Garza, Gulf Coast Council of La Raza, said they offered summer school at the runaway shelter and assessment center. She said they have a strategic plan to implement social services when the charter school is opened. Mr. Abel Alonzo, community anti -gang activist, described his involvement as a youth with drugs and gangs, which left him paralyzed following a shooting incident. He said youth today are getting involved earlier than ever in gangs. He said he is grateful that the agencies represented are helping youth, who need to be taught how to take responsibility for their actions. Ms. Dorrinda Garza, President of City Council PTA, said she would like their organization to serve as a clearing house for all of the agencies present in order to provide that information to the parents who need it. She said her phone number is 853-2733. Minutes - Regular Council Meeting July 18, 2000 Page 16 Several Council members commented on the importance of eradicating gangs in Corpus Christi and the valuable services that are provided by the many agencies represented. Mayor Neal thanked those involved for their efforts and he called for a brief recess. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jose Antonio Sanchez, 2022 Harvard, said there have been drive-by shootings and gang activity in his neighborhood. He asked for names of people to contact in the Police Department to report such activity. Mayor Neal asked Cmdr. Smith to visit with Mr. Sanchez about his concerns. Mr. Isaac Valencia, President of the Police Officers Association, said the executive board supports efforts to resolve the gang problems being experienced now. He said one of the tools police officers need is the ability to access Municipal Court warrant information 24 hours a day. Ms. Barb Sudhoff, Director of Municipal Courts, said that on August 1st they will begin testing a single, seamless interface that will eventually allow police officers to access Municipal Court warrants and other information through the computer terminals in their patrol cars. City Manager Garcia pointed out that the Police Department previously had a Warrants Division but the information coming out of Municipal Court was very poor. Consequently, the decision was made to dissolve the Warrants Division and essentially revamp the entire Municipal Court system. He and Ms. Sudhoff further described the interim and final steps in upgrading the computer software. Responding to Council Member Garrett, Assistant Police Chief Ken Bung said the mobile data terminals were installed about 11/2 months ago and they are in the process of testing them; they hope to have them fully online in about a month. Ms. Bev Chaisson said she and her husband are from Spokane, Washington, and she described how they were active in the establishment of the Community Oriented Policing Substations there, which greatly reduced the incidence of gang violence. She said they are willing to share their ideas with others. Cmdr. Smith said they have spoken with Ms. Chaisson about that issue. Mr. Mike Baker, 4641 Gayle Circle, said that last week Mr. Jack Gordy pointed out that there are many political signs still illegally standing after the March election. He said Council Member Betty Jean Longoria's response was that the signs were of minor significance in light of the current budget crisis. He said that was the wrong message to send to the public. Mr. Leon Perez, 904 Buford, discussed the issue of gang violence and people taking responsibility for their children's behavior. * * * * * * * * * * * * * Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the Minutes - Regular Council Meeting July 18, 2000 Page 17 public hearing on the following zoning case: 24. Case No. 0600-01. Vestcor Fund XXIV, Ltd.: A change of zoning from an "R -1B" One - family Dwelling District to an "A-1" Apartment House District on Flour Bluff and Encinal Farm & Garden Tracts, Section 11, tract of land out of Lots 14, 15, 16A, 16B and 16, located on the east side of South Staples Street, approximately 1,800 feet south of Saratoga Blvd. City Secretary Chapa said the Planning Commission and staff recommended approval of the "A-1" District. Mayor Neal asked Mr. Michael Gunning, Director of Planning and Development, to provide a presentation about this zoning case. He explained that the developer is seeking the zoning change in order to construct a 216 -unit apartment complex. He said primary access will be from Staples Street and secondary access will be needed with the extension of Timbergate Drive to Staples. He added that a traffic signal is planned next year at the intersection of Staples and Timbergate, which would facilitate the movement of traffic. Responding to Council Member Kinnison, Mr. Gunning said staff reviewed not only the traffic estimates for the 216 -unit development, but also the maximum number of units that can be built under the "A-1" District. He said in addition he asked the Traffic Engineering Department to conduct a traffic analysis of that whole area to ensure that there will be adequate street capacity to handle all the traffic from the subject property as well as property that is not yet developed. Mr. Kinnison expressed concem about having the adequate infrastructure in place for development such as this (i.e., the traffic signal at Timbergate and Staples). Mr. Gunning discussed how "contract" zoning is illegal. Mr. Seiler said the Timbergate/Staples intersection needs to be signalized right now, even without the development on the east side of Staples Street. He said staff is strongly hoping that the November bond election will be approved because it is one of the five high-priority signal locations. Mr. Kinnison said he could not support this zoning change until the city can first address the infrastructure concerns. Council Member Scott noted that the older traffic signal at the intersection of Glazebrook and South Alameda will be replaced as part of the rehabilitation of that street. He questioned why that traffic signal cannot be used in another location. Mr. Seiler replied that they are replacing very old equipment that is not storm -resistant. No one appeared in opposition to the zoning change. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Longoria, and passed. Mr. Chapa polled the Council as follows: ORDINANCE NO. 024107 Amending the Zoning Ordinance upon application by Vestcor Fund XXIV, Ltd. by changing the zoning map in reference to 15 acres out of Lots 14, 15, 16A, 16B and 16, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District to "A-1" Apartment House District; amending the Comprehensive Plan to account for any Minutes - Regular Council Meeting July 18, 2000 Page 18 deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison voting "No." * * * * * * * * * * * * * Mayor Neal referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 25. Case No. 0600-03. Mission Lake Estates. Inc.: A change of zoning from an "R -1B" One - family Dwelling District and "A-1" Apartment House District to an "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 41, a portion of Lots 12 through 17, located on the west side of Flour Bluff Drive, approximately 800 feet south of Graham Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "RE" District. Mr. Gunning said the purpose of the zoning request is to develop a large -lot subdivision, for which the applicant has already gone through the replatting process. He said that under the "RE" Residential Estate zoning, each lot has a minimum lot area of one acre and the developer is allowed to construct rural street sections (open ditches for drainage and no sidewalks). If the developer constructed a subdivision under the current "R -1B" zoning, he would be required to install standard local street sections (curbs, gutters, drainage, and sidewalks). Mr. Gunning said staff believes the "RE" zoning is probably the most consistent zoning for that area since it is located close to a large body of water (Cayo del Oso). Mayor Neal asked where the old landfill is located in that area. Mr. Utter referred to a map and pointed out that the closed landfill is located outside the area being rezoned. The Mayor then called for public comment. Mr. John Bell, a local attorney, said he is representing the applicant, Mission Lake Estates Inc., which is owned by Dyke and Kay Henderson. Mr. Bell said this subdivision development is being undertaken very cautiously. He pointed out that the request is to "down zone" the property from "R -1B" and "A-1" to "RE." He said with the current zoning the applicant could build 317 housing units on the subject property but his proposal is to build 31 housing units. Mr. Bell went on to describe the environmental studies that have been conducted regarding the property. He said it is important to understand the two different types of disposal that occurred on the property: municipal solid waste, which is restricted to a half -acre site but is not part of this zoning request; and construction and demolition debris, which is located all over the city and can be built upon. He said reports from the Texas Natural Resource Conservation Commission (TNRCC), Texas Department of Health (TXDOH), and the engineer indicate that no elements of hazardous substances have been determined. Mr. Bell added that Mr. Henderson intends to live on one of the Minutes - Regular Council Meeting July 18, 2000 Page 19 lots in the subdivision. Mr. Mody Boatright, a local engineer, described the environmental assessment that was conducted of the subject property. He said they dug several bore holes and did ground water and soil testing but found nothing of consequence. He said they did locate an area where the municipal waste was buried and conducted a follow-up study, which indicated some oil contamination on top of the ground water but no heavy metals in the system. He reiterated Mr. Bell's statement that no evidence of any hazardous materials were found. Mr. Boatright said any items uncovered during the construction period will be properly disposed of as per the TNRCC regulations. Mayor Neal said he recently received a letter from the state senator regarding building around closed landfills in Corpus Christi, and he expressed concern about putting a residential area adjacent to a landfill. Mr. Boatright pointed out that they would not be building over or immediately adjacent to the area that has been identified as a municipal landfill. Mr. Dyke Henderson, 2102 Terrace Bay Dr., said they have a letter from TXDOH and TNRCC stating that the landfill was properly closed. Mr. Henderson described the steps he followed before and after he purchased the property, including meeting with state and city representatives, Mr. Boatright, and other engineers. He said he is convinced there are no problems with the property -- otherwise he would not want to live there. Mr. Henderson said they are required to have an environmental monitoring and reporting system in place on the property. Mr. Bell said another issue has been the traffic on Graham Road and an unopened city street called Hutsell Avenue that would connect the subject property to Graham Road. He said the proposed subdivision will use Flour Bluff Drive and the proposed La Cantera Drive as its source of access. He said he could not think of any development that would put less traffic pressure on Graham Road or disturb that neighborhood. Mr. Bell added that there are landfills all over the city and the issue is thoroughly investigating a landfill and developing it properly. Mr. Paul Carangelo, 3734 Flour Bluff Drive, said he owns 2.5 acres on Block 11, Lot 6 (directly adjacent to the subject property) in the Cayo Place subdivision on Graham Road. He distributed a copy of a petition from the West Graham Road Property Owners Association requesting in part that the city permanently close unopened Hutsell Avenue and rescind any plat requirement by Cantera Estates Inc./Mission Lake Estates Inc. to install a water line and utility access road along unopened Hutsell. Mr. Carangelo said they were also seeking to acquire the property now within the right-of-way of Hutsell. In light of their petition, he said the property owners were requesting that the Council table this rezoning application until the needs and interests of the existing residents are incorporated into the proposed La Cantera/Mission Lake Estates development plan. Responding to Mayor Neal, Mr. Utter said that on October 30, 1984, the Council approved a waiver of the street construction cost of Hutsell Avenue but not the dedication of the street. He said Hutsell is not being required to be opened at this time but staff believes the street should serve as a secondary access from the proposed subdivision. At this time staff is requiring that the utilities be installed off of Graham Road and that Hutsell be improved to a caliche service road for access by Minutes - Regular Council Meeting July 18, 2000 Page 20 the Water Department but not for public access. Mr. Gunning explained that Hutsell Avenue was a planned future extension of a collector connecting Graham Road to Don Patricio Road to the south. He said there is a pending request to close Hutsell Avenue. Mr. Kim McGuire, Director of Environmental Services, said he reviewed Mr. Boatright's study and found it to be adequate with regard to the landfill. He said he thought the property owner had a right to move forward with development but that should be done with caution since they may not have all the facts at this time. He said the developer is aware of the regulations and has received proper guidance from the TNRCC, the city, and the consultant. Ms. Pam Lakhani, 1701 Wittner Place, said they are concerned about the possibility of industrial waste and they feel that Mr. Henderson has not done a thorough environmental study. She said they are afraid of what the developer may uncover once construction on the property begins. She said there are discarded drums on the property. Ms. Elizabeth Payne (Mr. Carangelo's wife) said they cannot understand why Hutsell Avenue has to be opened. She said it is inappropriate for their quiet, secure neighborhood. Mr. Boatright responded to Council members' questions about the landfill and the studies he conducted. Mr. Farooq Lakhani, 1701 Wittner Place, described the garbage and debris that he has witnessed at the closed landfill. He asked the Council to table this issue until they can obtain additional information about the landfill. Responding to Council Member Scott, Mr. Lakhani said he has been living on his property since 1991 and he added that the debris is not just limited to six or seven acres. Mr. McGuire further commented on the landfill. Council Member Gonzales said he was concerned that years ago TNRCC did not strictly regulate dump sites until the federal government imposed stricter regulations. Council Member John Longoria pointed out that at this time the developer can build single- family residences on the subject property at a much higher density than he is proposing with the rezoning request (31 units). Mr. Utter added that if the property is developed under the current zoning of "R -1B" and "A-1," Hutsell Avenue would have to be opened for use as secondary access. Mr. Bell said that according to TXDOH's records, the landfill was operated by Mr. Graham and was not unregulated. Mayor Neal asked if staff would be recommending the closure of Hutsell Avenue when it comes before the Council in the future. Mr. Gunning replied that staff would not be making that recommendation because of its future use as a connection between Graham Road and Don Patricio Road. Mr. Carangelo said he would like to have additional discussion with staff about the merits of Hutsell Avenue and he reiterated their request to table this issue. Minutes - Regular Council Meeting July 18, 2000 Page 21 Mr. Scott made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mayor Neal asked about oversight by the city as the land adjacent to the landfill is being developed. City Attorney Bray replied that there is not a specific process by which the city could review the situation; it is within the jurisdiction of the state environmental agency. Mr. Boatright said one of the requirements of the approved subdivision is that the developer provide a plan that encompasses reporting and monitoring by the city. Mr. Chapa polled the Council for their votes: 25. ORDINANCE NO. 024108 Amending the Zoning Ordinance upon application by Mission Lake Estates, Inc., by changing the zoning map in reference to 45 acres out of Lots 12 through 17, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District and "A-1" Apartment House District to "RE" Residential Estate 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, Cooper, Garrett, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and B. Longoria voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 32, emulsified polymerized asphalt. Responding to a question from the Mayor, Ms. Barbara Stover, Director of Street Services, said the temperature required to apply an alternate product (polymerized non -emulsified asphalt) is 350°F while the emulsified asphalt, which is what is being recommended, only requires an application temperature of 140°F. She said staff is concerned about health concerns associated with the intense temperatures of the non -emulsified asphalt. Council Member Colmenero asked about a test strip that had been applied, which Ms. Stover explained. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 32. M2000-246 Motion approving a supply agreement for approximately 257,500 gallons of emulsified polymerized asphalt (HFRS-2P) in accordance with Bid Invitation No. BI -0089-00 with Koch Materials Company, Corpus Christi, Texas based on low bid meeting specifications for an estimated semi-annual expenditure of $247,200. The term of the contract will be six months with an option to extend for up to four additional six-month periods subject to the approval of the supplier and the City Manager or his designee. Street Services will use this material with precoated aggregate for street construction and repairs. Funds have been budgeted in FY99-00 and requested for FY00-01. 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 July 18, 2000 Page 22 ************* Mayor Neal opened discussion on Item 26, FY00-01 operating budget. City Manager Garcia said that over the last few weeks the Council has discussed several possible revisions to the budget recommended by staff. Consequently, staff prepared and distributed to the Council a series of revenue and expenditure options that do not impact the bottom line of the General Fund. He noted that the Council was considering the first reading that day and they could make additional revisions prior to the second reading next week. Mr. Garcia added that the budget which staff proposed included a reduction in force of 131 positions, of which 60 positions are filled. He said they have found a place for all of those employees except four (previously it had been seven employees). The Mayor referred to the first expenditure option of twice -a -week garbage collection at a cost of $573,932. (A discussion on the issue was initiated at that point but more in-depth discussion and action occurred later in the meeting --see below.) Referring to the list of revenue and expenditure options, Council Member John Longoria made a motion, seconded by Council Member Cooper, to amend the first reading of the budget ordinance by adopting Items 1-17 on the list as follows: Revenues 1) increase garbage collection fees by 65 cents per month - $573,932; 2) HUD fair housing assessment revenues for Human Relations - $115,000; 3) reinstate revenues from EEOC for Human Relations - $73,350, for total increased revenues of $762,282; Expenditures 4) reinstate twice -a - week garbage collection - $573,932; 5) reinstate the Human Relations Division with four employees - $230,214; 6) maintain the children's reading program at the Central Library with one position - $23,441; 7) maintain Sunday hours of operation at the Central Library with two positions - $76,660; 8) maintain the current level of General Fund funding for demolition and clean-up efforts - $53,690; 9) increase budgeted "Cash for Trash" events from two to four - $20,000; 10) reinstate Bayjammin' concert series - $14,300; 11) reinstate Sunday night concert series - $12,500; 12) maintain Media Production Coordinator position - $44,000; 13) reinstate both Assistant Chief positions (due to budgeted drag -up pay, the impact will reduce budgeted expenditures) - ($131,334); 14) savings realized from budgeted lease purchase payments on replacement compactor - ($114,000); 15) reimbursements to be received for media production efforts - ($15,000); 16) reduction in operational costs of Communications and Quality Management - ($2,721); 17) Management Aide position in Solid Waste Collections Division will be maintained as vacant - ($23,400), for total expenditures of $762,282. Council Member Garrett made a motion to amend to leave Items 1 and 4 regarding twice -a - week garbage collection out of Mr. Longoria's motion; seconded by Council Member Colmenero. City Secretary Chapa polled the Council and Mr. Garrett's motion to amend passed as follows: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Chapa then polled the Council and Mr. Longoria's amended motion passed as follows: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting July 18, 2000 Page 23 Mr. Longoria then made a motion to continue twice -a -week garbage collection with a 65 -cent monthly increase to all utilities accounts (a $7.80 annual increase); seconded by Mr. Scott. Mr. Colmenero suggested that the every -other -week recycling collection be changed to only once a month and the budgeted amount be cut in half. Mr. Rudy Garza, Acting Budget Director, and Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, said the savings would not be directly 50%; consequently, it would not be feasible to operate the recycling program once a month. Mr. Colmenero made a motion to amend Mr. Longoria's motion to cut the recycling program in half; his motion died for lack of a second. Council Member Gonzales questioned why customers need to be charged an additional 65 cents per month in order to continue twice -a -week garbage collection. Mr. Garcia explained that the Solid Waste Collections Division loses money and the Solid Waste Landfill Division makes money and thereby subsidizes the household collections activity. Dr. Gonzales said the Solid Waste revenues are also subsidizing other General Fund activities; he added that he is opposed to the 65 - cent monthly increase. Responding to Mr. Scott, Mr. Garza said the Solid Waste revenues are approximately $3.6 million. Mr. Scott also asked about the automated garbage collection program. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, explained that staffs proposal is to phase in that program over a three-year period. He said at first there would be a capital investment in the trucks and containers but over time the automated program would save money through reduced labor costs. Mr. Garcia added that as the city goes to an automated program, the collections options increase. Mr. Kinnison said the citizens who contacted him indicated their willingness to pay the 65 - cent increase in order to maintain twice -a -week garbage collection. Mrs. Longoria said citizens will remember that the city promised to maintain that collection frequency with the increased fees. Mr. Colmenero said the increase penalizes people on fixed incomes and large families. Ms. Cooper said that while she would prefer not to have to charge the additional amount, it is important to maintain twice -a -week collections. Mr. Chapa polled the Council on Mr. Longoria's motion to continue twice -a -week garbage collection with the 65 -cent monthly increase to all utilities accounts. The motion passed by the following vote: Neal, Cooper, Garrett, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and B. Longoria voting "No." Mr. Kinnison made a motion to maintain the summer swim program at the Natatorium for next year by incorporating the following fee increases into the budget: 50 -cent increase for children and seniors, for a total of $1; a $5 increase for swim lessons, for a total of $30; and a $50 increase for swim parties, for a total of $200, which would generate a total of $58,000. Mr. Kinnison's motion was seconded by Ms. Cooper. Responding to Council members' questions, Mr. Cisneros said staffs original proposal was Minutes - Regular Council Meeting July 18, 2000 Page 24 to eliminate the Natatorium swimming program for the whole year; however, in response to the Council's request, they developed a proposal to reinstate the swimming program for the summer with associated fee increases to pay for it. Mr. Colmenero and Dr. Gonzales said citizens have indicated that they would like to utilize the Natatorium through the whole year. Mr. Garcia said staff looked into what kind of fee increases would have to be imposed in order to maintain the program for the whole year. However, those increases would be exorbitant since the utilization drops off dramatically after the summer. He added that many difficult decisions needed to be made in order to balance the budget and eliminating the swimming program was one of them. Dr. Gonzales made a motion to amend Mr. Kinnison's motion to restore the $200,000 needed for the year-long Natatorium swimming program with no increase in fees; seconded by Mrs. Longoria. Mr. Scott said Mr. Kinnison's motion includes a funding mechanism and Dr. Gonzales' motion does not. Additional discussion followed. Mayor Neal asked if the school district would shut down the Natatorium if the city did not provide the funding of $55,900 for the summer program. Mr. Cisneros said staff could not answer that and the question has not been posed to school district officials. The Mayor then called for public comment. Ms. Dorrinda Garza, City Council PTA President, said her children are actively involved in school swim teams. She said during the summer the pool is used by citizens through the city's swim program. She acknowledged that while she was not speaking for the school district, she thought the district would shut down the pool during the summer without the city's participation. She said she would be willing to help negotiate an agreement with the district to keep the pool open. Ms. Grace Pope said she and others attend water aerobics classes at the Natatorium on Tuesday and Thursday nights from 6:30-7:30 p.m. She emphasized the importance of those classes to the participants. She said they would be willing to pay more for the classes in order to maintain them. She also presented a petition supporting her concerns. Following additional discussion, Mr. Chapa polled the Council on Dr. Gonzales' motion to amend Mr. Kinnison's motion to restore the $200,000 needed for the year-long Natatorium swimming program with no increase in fees. The motion failed to pass by the following vote: Colmenero, Gonzales, and B. Longoria voting "Aye"; Neal, Cooper, Garrett, Kinnison, J. Longoria, and Scott voting "No." Mr. Garcia pointed out that there is an item on next week's agenda which directs staff to renegotiate the agreement with CCISD for the joint operation and maintenance of the Natatorium. He said that is necessary because they were anticipating a very reduced level of operation. Mr. Chapa polled the Council on Mr. Kinnison's motion to maintain the summer swim program at the Natatorium by increasing the fees as previously discussed. The motion failed to pass by the following vote: Cooper, Kinnison, J. Longoria, and Scott voting "Aye"; Neal, Colmenero, Garrett, Gonzales, and B. Longoria voting "No." Mayor Neal made a motion to instruct staff to negotiate with CCISD and bring back a plan Minutes - Regular Council Meeting July 18, 2000 Page 25 for a full year of operation at the Natatorium; seconded by Dr. Gonzales. Mr. Chapa polled the Council and the motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal referred to a memo from staff regarding the FY00-01 police academy. Mr. Garza explained that the cost per cadet for a 26 -week training program is $19,515 and a class of 20 cadets would cost $390,300. He said they discussed the possibility of having an 8 -week academy in FY00- 01 at a cost of $120,096. He described options to provide that $120,096. Mayor Neal made a motion to fund eight weeks of the police academy in FY00-01 at a cost of $120,096 as described by staff; seconded by Dr. Gonzales. Mr. Garza said that cost would be for 20 cadets. Responding to Council members' questions, Police Chief Alvarez and Ms. Garcia said they have given written tests and conducted background investigations on 43 applicants to the academy. She said they were about to begin interviews when the decision was made to eliminate the academy scheduled for August 2000. She noted that they would have to start the process over unless they can negotiate with the Police Officers Association to amend the contract to continue with the roster that is in place now. Chief Alvarez discussed the possibility of starting the academy in February 2001 instead of June 2001 and hire 15 instead of 20 police officers. A discussion ensued. Mr. Isaac Valencia, POA President, said they would be willing to work toward amending the contract for a one-time adjustment to allow for an academy of 20 cadets in FY00-01. He said the contract amendment would have to be ratified by the union membership. Ms. Denise McCoy said she was one of the current applicants to the police academy, saying that she has trained both physically and mentally to become a police officer in Corpus Christi. She said she would hate to lose that opportunity because the time frame expired. Mr. Chapa polled the Council on the Mayor's motion regarding the police academy, and it passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal made a motion to include the Compensation and Classification Plan study at a cost of $200,000 with a corresponding reimbursement from the Utilities Departments; seconded by Mr. Garrett. Ms. Garcia explained that the study would review the city's current plan on a city-wide basis. She said this has come about because of the reengineering effort going on in the Utilities departments. Some Council members questioned the need for this study at this time. Ms. Garcia noted that a comprehensive study has not been done since at least 1989. The City Manager explained that one of the most important issues is how the city pays its employees and there are major inequities in the pay scales. Following additional comments, Ms. Garcia said a request for proposals would be ready in September and the study would take about a year to complete. Minutes - Regular Council Meeting July 18, 2000 Page 26 The Mayor said he wished to amend his motion to authorize staff to solicit an RFP for the classification study to be brought back to the Council for approval at some point in the future, with the funding to be provided in the same manner as proposed. Mr. Garrett accepted the Mayor's amendment. Mr. Chapa polled the Council and the motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Responding to Mr. Scott, Mr. Noe briefly explained the memo from staff regarding the Fire Department "drag -up" issue. Mayor Neal called for additional public comments on Item 26. Mr. Errol Summerlin, Executive Director of Coastal Bend Legal Services, said he had been joined earlier in the day by other members of the Human Relations Commission. He said based on the Council's amendments to the budget, the Human Relations Department would be reinstated. However, he said the commission members do not believe the $41,000 General Fund contribution is sufficient. He said in 1999 the Council made a commitment that the HUD grant would not be the sole source of revenue for fair housing issues. Mr. Chapa polled the Council for their votes on Item 26 as follows: 26. FIRST READING ORDINANCE Adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2000; to be filed with the County Clerk; appropriating monies as provided in said budget. The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 27, amendments to the Classification Plan. Ms. Garcia explained the "housekeeping" amendments that need to be made to the plan. She said the amendments reflect changes the Council has made in the budget as well as administrative changes that have been made during the year to the plan. She responded to Council members' questions, pointing out that the Council was adopting the same salary ranges as last year. Mr. Noe referred to the proposed amendment that the employee contribution for individual hospitalization insurance coverage increase from $1 per month to $21.66 per month. He said since 1993 the policy of the Council has been that city retirees pay the same rate as city employees. Consequently, it was staff' s interpretation that the $10 biweekly increase approved by the Council last week applied to retirees as well. Mayor Neal said that was not his understanding when they voted on it last week, and Mr. Noe said it was not specifically discussed. Mr. Garcia said there is an IRS requirement that the city not discriminate against employee groups. Minutes - Regular Council Meeting July 18, 2000 Page 27 There was additional discussion about the actions the Council took last week on the health insurance issue. Mayor Neal said the Council needed to get reliable information from the Risk Management Department. City Secretary Chapa polled the Council for their votes as follows: 27. FIRST READING ORDINANCE Approval of Ordinance amending Ordinance 3658, as amended, Section 250, Classification Plan for all positions in the Classified Service, Subsections 251 through 257, by revising these Classification Schedules as reflected in Exhibit A. Approval of Ordinance amending Ordinance 8127, as amended, Section 510, Managerial Group Pay Plan for FY 1999-2000, to reflect revisions to the Managerial Group Pay Plan for FY 2000-2001, with no changes to the salary ranges, attached as Exhibit B. Approval of Ordinance amending Ordinance 8127, as amended, Section 520, Executive Group Pay Plan for FY 1999-2000, to reflect revisions to the Executive Pay Plan for FY 2000-2001, with no changes to the salary ranges, attached as Exhibit C, amending Ordinance 8126, as amended, Section 500, Subsection 501, Classified Salary Schedule for FY 1999-2000, with a salary schedule for FY 2000-2001, with no changes to the salary ranges, attached as Exhibit D. Approval of Ordinances amending Ordinance 8127, as amended, Section 700, Special Compensation Provisions, Subsection 711, City Manager's Compensation, with a New Subsection 711, City Manager's and City Secretary's Compensation. Approval of Ordinance amending Ordinance 8127, as amended, Section 700, Special Compensation Provisions, Subsection 708.1, Lump Sum Productivity/Merit Payment and Productivity, Safety, or Incentive Programs, by formatting into Subsections 708.1(A) and 708.1(B) and to provide in 708.1(B) that written programs that benefit City operations and employees are determined to be part of the Compensation and Benefit Package for such employees. Approval of Ordinance amending Ordinance 8127, as amended, Section 700, Special Compensation Provisions, Subsection 707, by providing that employee contribution for individual Hospitalization Insurance coverage increase from $1 per month to $21.66 per month. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett abstaining. Mayor Neal opened discussion on Item 29, optional county fee for child safety. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29. RESOLUTION NO. 024109 Resolution requesting the Nueces County Commissioner's Court to levy an Optional County Fee for Child Safety of $1.50 per vehicle registered in Nueces County pursuant to Section 502.173 of the Transportation Code of Texas. Minutes - Regular Council Meeting July 18, 2000 Page 28 The foregoing resolution 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 30, special election ordinance. There were no comments from the audience. City Attorney Bray said an amendment needs to be made to Proposition No. 3 as shown on page 188 of the agenda support material. He said the words "and notes" need to be added after "with the bonds" after the list of projects to make it consistent with the other propositions. Dr. Gonzales made a motion to amend as stated, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 30. FIRST READING ORDINANCE Ordering a Special Election to be held on November 7, 2000, in the City of Corpus Christi on the questions of authorizing obligations of the City supported by ad valorem taxes and authorizing a sales and use tax pursuant to Section 4A of Article 5190.6, Vemon's Texas Civil Statutes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; enacting provisions incident and relating to the subject and purpose of this Ordinance. The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia announced some upcoming public meetings and the proposed temporary closing of Shoreline Boulevard to accommodate the making of a film on the U.S.S. Lexington Museum on the Bay. He added that the Mayor, Finance Director and financial advisors will be in New York for a bond sale for the airport project. The City Manager also briefly discussed next week's items. Mayor Neal called for Council concerns. Mr. Scott forwarded a letter from some Packery Channel concerned citizens about erecting "no wake" signs in front of their houses. Mr. Colmenero said there was a concern about speed humps on Trenton Street and improving the coliseum's acoustics. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 9:07 p.m. on July 18, 2000. * * * * * * * * * * * * *