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HomeMy WebLinkAboutMinutes City Council - 07/25/2000I 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 25, 2000, which were approved by the City Council on August 22, 2000. WITNESSETH MY HAND AND SEAL, this 22nd day of August, 2000. Armando ChIA apa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 25, 2000 12:00 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 Mark Scott* ABSENT John Longoria City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. He then delivered the invocation, following which the Pledge of Allegiance to the United States flag was led by Council Member Betty Jean Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the emergency meeting of July 16, 2000 and the regular meeting of July 18, 2000. A motion was made and passed to approve the minutes as presented. Mayor Neal announced the following: executive session pursuant to Texas Government Code Section 551.071 regarding Five Citizens of Corpus Christi v. City of Corpus Christi et al No. 00- 275-G, 319th District court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. *Council Members Gonzales and Scott arrived at 12:05 p.m. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-29). City Secretary Chapa announced that Item 13 would be considered after approval of the budget because it requires appropriations from FY00-01. Council members requested that Item 10 be withheld for discussion. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following were passed: • •. Minutes - Regular Council Meeting July 25, 2000 Page 2 3. M2000-247 Motion authorizing the City Manager or his designee to execute a novation agreement with Rockwell -Collins Inc. and Siemens Transportation Systems Inc. transferring all liabilities of Rockwell -Collins Inc. for the mobile data systems to Siemens Transportation Systems Inc. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 4. M2000-248 Motion approving the purchase of seven (7) laptop computers from the Department of Information Resources, Austin, Texas, in accordance with the Texas Cooperative Purchasing Program for a total of $20,328. These laptops computers will be used in Crime Control and Prevention District police vehicles. Funds have been budgeted in FY 99-00 by the Crime Control and Prevention District. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 5. M2000-249 Motion approving the purchase of seven (7) mobile location systems from Siemens Transportation Systems, Inc., Cedar Rapids, Iowa in accordance with the MDT/AVL contract for a total of $44,530. These systems will be used in Crime Control and Prevention District police vehicles. Funds have been budgeted in FY 99-00 by the Crime Control and Prevention District. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 6. M2000-250 Motion approving the purchase of one portable air compressor in accordance with Bid Invitation No. BI -0163-00, from Prime Equipment, Corpus Christi, TX, for a total of $24,410 based on low bid. The compressor is a replacement and will be used by the Gas Department. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 7. M2000-251 Motion approving the purchase of one crawler tractor and a five year full maintenance agreement from Waukesha Pearce Industries, Inc., Corpus Christi, Texas in accordance with Minutes - Regular Council Meeting July 25, 2000 Page 3 Bid Invitation No. BI -0108-00, based on low bid for a total amount of $525,195.80. The crawler tractor is a replacement and is to be used by Solid Waste Services Department, and is budgeted in the FY 99-00 budget as lease/purchase. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 8. M2000-252 Motion approving the purchase of 5,000 feet of 16" coated and wrapped steel pipe in accordance with Bid Invitation No. BI -0161-00 from Pipe Exchange, Inc., Houston, Texas based on low bid for a total of $89,150. The pipe is for the Gas Department and is included in the FY 99-00 Budget. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 9.a. ORDINANCE NO. 024111 Ordinance appropriating $41,611 from the Reserve for Capital Outlay in the No. 5110 Maintenance Service Fund to purchase equipment; and amending the FY 99-00 Budget, adopted by Ordinance No. 023702, to increase appropriations by $41,611 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, and Scott voting "Aye"; J. Longoria absent. 9.b. M2000-253 Motion approving the purchase of forty-four sedans, pickups, and vans from the following companies, for the following amounts, in accordance with Bid Invitation No. BI -0159-00, based on low bid, low bid meeting specifications and best bid. Various departments will use the sedans, pickups, and vans. Four units are additions to the fleet; the remaining units are replacements. Creveling Dodge Padre Ford Crosstown Ford Cornus Christi. Texas Corpus Christi. Texas Corpus Christi. Texas Bid Items 5, 6, 7, 13, 15 Bid Items 2-4, 16, 18, 19 Bid Items 1, 8-12, 14, 27 17, 22, 23, 24 and 26 20, 21 and 25 Total: $219,216 Total: $361,263 Total: $290,962 Grand Total: $871,441 The foregoing motion 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 25, 2000 Page 4 11. M2000-255 Motion approving the supply agreements for water meter repair parts in accordance with Bid Invitation No. BI -0112-00 with the following companies for the following amounts, based on only bids, for an estimated annual expenditure of $22,000. The terms of the contracts will 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. Funds have been budgeted by the Water Department in FY 99-00 and requested for FY 00-01. U.S. Filter Distribution Corpus Christi. TX $13,000 (Sensus Meter Parts) Schlumberger, Ind. Tallassee. AI< $7,000 (Trident Meter parts) ABB Water Meters Ocala. FL $1,000 (Kent Meter Parts) Grand Total: $22,000 Badger Meter, Inc. Milwaukee. WI $1,000 (Badger Meter Parts) The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 12. M2000-256 Motion authorizing the City Manager or his designee to execute a maintenance agreement with Hewlett-Packard Company in the amount of $18,960 for maintenance of the hardware and operating system of the Municipal Court's computer management system, based on sole source. The term of the agreement is for twelve months. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 14.a. M2000-258 Motion authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $7,739.39 to be used to purchase computer equipment for the Corpus Christi Fire Department's EMS Division. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 14.b.ORDINANCE NO. 024112 Ordinance appropriating $7,739.39 from a grant from the Coastal Bend Regional Advisory Council in the No. 1050 Federal/State Grants Fund to purchase computer equipment for EMS Department. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Minutes - Regular Council Meeting July 25, 2000 Page 5 Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 15. M2000-259 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to increase the escrow amount with the Texas Department of Transportation in the amount of $151,673.61 for the replacement of existing multiple box culverts as part of the Airline Road improvements Phase 2 construction contract in accordance with the advanced funding agreement. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 16. M2000-260 Motion authorizing the City Manager or his designee to execute a construction contract with Bracco Construction for a total fee not to exceed $121,000 for the Power Street Storm Water Pump Station Site Improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 17. M2000-261 Motion authorizing the City Manager or his designee to execute a construction contract with Third Coast General Contractors for a total fee not to exceed $68,566.86 for the Cullen Ditch Improvements from Belmeade Street to Oso Beach Municipal Golf Course, Phase 2. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 18.a. M2000-262 Motion authorizing the City Manager or his designee to execute a Standard Performance Contract with Central Power and Light for the Bayfront Plaza Mechanical System Control and Operations Modifications project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 18.b. ORDINANCE NO. 024113 Ordinance appropriating $82,753 from the Central Power Light Incentive Payment for the Minutes - Regular Council Meeting July 25, 2000 Page 6 Standard Performance Contract in the No. 4710 Visitors Facility Fund for the Bayfront Plaza Mechanical System Control and Operation Modifications Project; amending Ordinance No. 023702, which adopted the FY 99-00 Budget by adding $82,753 to the No. 4710 Visitors Facility Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 18.c. M2000-263 Motion authorizing the City Manager or his designee to execute a construction contract with Miller & Miller Mechanical Contracting Company Inc. for a total fee not to exceed $125,720 for the Bayfront Plaza mechanical system control and operation modifications project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 19. M2000-264 Motion authorizing payment of the Special Commissioner's condemnation award of $32,674.50 for the acquisition of Parcel No. 2a, 2b, and 6 located on Kostoryz Road and in connection with the Kostoryz Road improvements project - Holly Road to Saratoga Blvd. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 20.a. M2000-265 Motion authorizing the City Manager or his designee to execute all documents necessary to accept and implement the FY 2000 Consolidated/Annual Action Plan for Community Planning and Development Programs that include the Community Development Block Grant, Emergency Shelter Grants and Home Investment Partnerships Programs. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 20.b. ORDINANCE NO. 024114 Ordinance appropriating $8,056,562 in the Federal/State Grant Fund No. 1050 for the FY 2000 Consolidated/Annual Action Plan for Community Planning and Development Program Projects/Activities that include 1) $6,093,562 composed of $4,908,000 for FY 2000 Community Development Block Grant (CDBG) Projects, $750,000 of program income; $435,562 of reprogrammed funds that include $9,280 for a project that will be brought Minutes - Regular Council Meeting July 25, 2000 Page 7 forward; 2) $175,000 for FY 2000 Emergency Shelter Grants (ESG) activities; and 3) $1,788,000 for FY 2000 Home Investment Partnerships (HOME) Program for projects/activities approved by the City Council on May 9, 2000. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 21. M2000-266 Motion authorizing the City Manager or his designee to execute an agreement for funds provided from the FY 2000 Community Development Block Grant (CDBG) Program. a. Boys & Girls Club of Corpus Christi - $63,682 for improvements to the facility at 3902 Greenwood. b. Corpus Christi Area Council for the Deaf, Inc. - $29,000 for ADA and facility improvements located at 5151 McArdle Street. c. Corpus Christi Hope House - $25,000 for ADA and facility improvements located at 658 & 630 Robinson Drive. d. Dos Mundos Day School, Inc. - $30,000 for the property acquisition located at 2930 Leopard Street. e. Nueces County Community Action Agency - $80,000 for minor repairs that will supplement the weatherization program. f. Westside Business Association - $20,000 to develop the corner lot property located at 19th Street and Agnes Street. g. YWCA Corpus Christi - $5,000 for ADA improvements to the facility located at 4601 Corona Drive. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 22. M2000-267 Motion authorizing the City Manager or his designee to execute an agreement for funds provided from the FY 2000 Emergency Shelter Grant (ESG) Program. a. Catholic Social Services - $10,000 for homeless activities. b. Corpus Christi Hope House - $10,000 for homeless activities. c. Corpus Christi Metro Ministries, Inc. - $55,000 for homeless activities. d. Dos Mundos Day School, Inc. - $20,000 for homeless activities. e. Gulf Coast Council of La Raza, Inc. - $30,000 for homeless activities. f. The ARK Assessment Center and Emergency Shelter for Youths - $10,000 for homeless activities. g. The Salvation Army - $20,000 for homeless activities. h. Women's Shelter, Inc. - $20,000 for homeless activities. Minutes - Regular Council Meeting July 25, 2000 Page 8 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 23.a. RESOLUTION NO. 024115 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Flour Bluff Independent School District (FBISD) for a term of one year (which shall automatically renew every year unless terminated by either party with at least 30 days notice prior to the renewal date) for the City of Corpus Christi to operate a Latchkey Program and Latchkey Camps on designated Flour Bluff Independent School District Campuses. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 23.b. RESOLUTION NO. 024116 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Corpus Christi Independent School District (CCISD) for a term of one year (which shall automatically renew every year unless terminated by either party with at least 30 days notice prior to the renewal date) for the City of Corpus Christi to operate a Latchkey Program on designated Corpus Christi Independent School District Campuses. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 24. ORDINANCE NO. 024117 Ordinance appropriating $600,000 from interest earnings in various Capital Projects Funds and $376,741 from Paving Assessments in the No. 3530 Street Capital Projects Fund; transferring $850,000 to the No. 2010 General Obligation Debt Service Fund for the Annual Debt Service Payment; transferring $126,741 to the No. 1020 General Fund to reimburse the Collections Activity. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 25. ORDINANCE NO. 024118 Ordinance authorizing the City Manager or his designee to execute up to a one year lease with Brant's Place, Inc. DBA Riviera Red's Seafood for approximately 215 square feet of terminal space to operate a frozen seafood and allied specialities concession at Corpus Christi International Airport on a month-to-month lease for up to 12 months in consideration of lessee paying 6% of the first $20,000 of monthly gross revenue, 10% of the next $20,000 Minutes - Regular Council Meeting July 25, 2000 Page 9 of monthly gross revenue, and 15% of all monthly gross revenues in excess of $40,000. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 26. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute four separate five year farm leases to Kocurek Farms for utilization of 244.12 acres; T.M. and D.H. Bernsen Farms for utilization of 336.78 acres; McDonough Farms for utilization of 359.45 acres; and Kelly Farms for utilization of 494.1 acres of land located at Corpus Christi International Airport, with each lessee paying a rental fee of $25 per acre per year. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 27. ORDINANCE NO. 024119 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 second reading by the following vote: Neal, Colmenero, Minutes - Regular Council Meeting July 25, 2000 Page 10 Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 28. ORDINANCE NO, 024120 Approval of Ordinance authorizing and allowing, under the Act Goveming 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 second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 29. ORDINANCE NO. 024121 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, Vernon'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 second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, 13. Longoria, and Scott voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, time management system. Responding to questions from the Mayor, Mr. Ogilvie Gericke, MIS Director, explained that the system allows employees to clock -in and clock -out using badge readers, personal computers connected to the wide - area network, and telephones. He said Kronos Incorporated proposes a single enterprise system that can initially accommodate up to 3,000 users and can also be expanded by purchasing additional licenses. He noted that the system will be interfaced with the PeopleSoft payroll module. The Mayor asked about safeguards to prevent abuse of the system by employees. Mr. Gericke said spot checks and audits will be conducted. City Manager Garcia said this system will mainly serve as a way to streamline the paperwork function associated with the payroll process but it will not be a substitute for day-to-day management activities. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 25, 2000 Page 11 10. M2000-254 Motion approving a contract with Kronos Incorporated, Waltham, Massachusetts for installation of an Enterprise Time Management System, in accordance with the Texas Cooperative Purchasing Program for a total contract amount of $198,258.83. The time management system will be utilized by various departments throughout the City and funds have been budgeted by the MIS Department in FY 99-00 and requested for FY 00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 31, FY 2000-01 operating budget. Deputy City Manager Noe said the ordinance being considered on second reading includes the adjustments made following the first reading. He said that last week the Council directed staff to develop a request for proposals for a compensation study and bring that back to the Council later in the year, at which time the Council would have the choice of funding that project. Mr. Noe said the second issue pertained to the operation of the Natatorium. Mr. Tony Cisneros, Director of Park and Recreation, referred to memos sent to the Council about that issue, including cost breakdowns and funding options. The total amount needed for the city's portion of year-round Natatorium operation is $210,545. Those expenses include replacement of the chiller, which operates in both the Natatorium and the city's gymnasium there, at a cost to the city of about $42,000 for FY00-01 (a total payment of $168,000 over four years). He also discussed increases in Natatorium fees for public swim programs for youth, adults, and seniors, as well as increased fees for swimming lessons and swim teams, for total revenues of $140,705. Mr. Noe said that even with the fee increases, maintaining year-round Natatorium operations would result in a deficit of $69,840. Consequently, staff was suggesting reductions in other areas of the budget to fund that difference: eliminating the employee incentive and recognition program ($26,617); eliminating funding for the outside lobbyist in Austin ($31,000); and reducing monies for hurricane shelters supplies ($12,223), for a total of $69,840. Mr. Cisneros then responded to Council members' questions. He pointed out that there is an existing interlocal agreement between the city and CCISD whereby the city is obligated to pay 35% of the operation and maintenance expenses of the Natatorium as well as a portion of the capital improvement projects, such as the chiller replacement. Mayor Neal and other Council members expressed concern about providing funding for the chiller by eliminating the employee incentive and recognition program. Mr. Garcia pointed out that in the original proposed budget, staff recommended eliminating the Natatorium programs completely for FY00-01. However, upon Council direction, they prepared options for funding the summer swim program only as well as the year-round Natatorium operation (including all of the present swim Minutes - Regular Council Meeting July 25, 2000 Page 12 programs). In response to questions, Mr. Garcia and Mr. Cisneros explained the funding option from the shelters supplies and specific aspects of the chiller equipment. Additional discussion ensued. The Mayor said he wished to eliminate the chiller replacement from their discussions ($42,000), which would mean that $27,840 would need to be found from other sources for the year- round operations of the Natatorium (instead of $69,840). Mr. Garcia said that amount could be obtained by eliminating funding for the state lobbyist in Austin ($31,000). Mayor Neal said he wished to direct staff to enter into serious discussions about the chiller replacement. The Mayor then made a motion to include the year-round Natatorium operations in FY00-01 with the revenue to come from the recommended fee increases and from the elimination of the state lobbyist funding; seconded by Council Member Gonzales. The Mayor called for public comment. Ms. Maryann Garcia and several children from Noah's Ark Day Care appeared expressing their support of the year-round operation of the Natatorium. They also presented several petitions in support of the program as well. Mr. J.E. O'Brien, 4130 Pompano, said if any consideration is given to paying for the Natatorium out of the utility funds, it would indicate that the Council loves lawsuits. Mr. Abel Alonzo thanked the Council for showing sensitivity to the public's wishes, even in this difficult budget year. He said the city needs to continue to create jobs and expand the tax base. City Secretary Chapa polled the Council for their votes on the Mayor's motion to amend the budget prior to second reading. The motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. The Mayor called for additional public comment. Mr. O'Brien said the Council planned to eliminate the Internal Audit Department for a savings of approximately $185,000, which he said was very unhealthy. He said the Mercer Report highly recommends internal auditors, and he hopes that the Council will consider reinstating an internal auditor who would report directly to the City Council. He said it took the city eight months to publish its financial statement because monthly balances were not done. Mr. Chapa then polled the Council on the amended budget as follows: 31. ORDINANCE NO. 024130 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 second reading, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. Minutes - Regular Council Meeting July 25, 2000 Page 13 Mayor Neal thanked staff, the public, and the Council members for working through a difficult budget process. He said this is a unified Council which is committed to maintaining fiscal responsibility. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, computer maintenance. There were no comments from the Council or the public. City Secretary Chapa polled the Council for their votes as follows: 13. M2000-257 Motion authorizing the City Manager or his designee to execute a contract in the amount of $44,577.72 for purchase of services from the State of Texas, Department of Information Resources, to provide computer maintenance to the Police Department's Digital Equipment Corporation (DEC) equipment being maintained by COMPAQ. 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 opened discussion on Item 32, charges for solid waste collection services. Mr. Rudy Garza, Acting Budget Director, said this item reflects the ordinance amendment to increase fees to maintain twice -a -week garbage collection. There were no comments from the Council or the public. City Secretary Chapa polled the Council for their votes as follows: 32. ORDINANCE NO. 024131 Ordinance amending Section 21-40 of the Code of Ordinances, City of Corpus Christi, regarding charges for collection services; providing for penalties; providing for an effective date. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, and Scott voting "Aye"; Gonzales and B. Longoria voting "No"; J. Longoria absent. * ************ Mayor Neal opened discussion on Item 33, utility rates. Mr. Garza explained that previously the Council approved a five-year program which called for rate increases in water, wastewater and gas effective August 1, 2000. He said staff is proposing amending that ordinance to reflect the approved budget, which only includes a 2% increase in gas rates and no increase in water or wastewater rates. Mr. Jay Reining, First Assistant City Attorney, referred to a substitute ordinance showing arithmetic corrections in the calculation of the rates and other corrections. Minutes - Regular Council Meeting July 25, 2000 Page 14 Council Member Kinnison made a motion to substitute that ordinance for the proposed ordinance in the Council's packet; seconded by Council Member Scott. City Secretary Chapa polled the Council for their votes on the motion to substitute, and it passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; B. Longoria and J. Longoria absent. Mr. Chapa polled the Council on the amended ordinance and it passed (see below). Mr. J.E. O'Brien asked if the public could comment on Item 33; Mayor Neal agreed and said the Council would vote on the item again. Mr. O'Brien said that while he understands the rate increases for this year, the ordinance proposes 5% increases in water and wastewater rates for the following four years, to which he objects. He also quoted from a 1990 study regarding block rates and he said declining block rates for commercial accounts are wrong. Mr. Kinnison said the future rates are targets and it is hoped that through the continuing reengineering efforts those proposed rates will continue to decrease. Mayor Neal asked Mr. Chapa to re -poll the Council for their votes on Item 33 as follows: 33. ORDINANCE NO. 024132 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater rates; providing for an effective date. An emergency was declared and the foregoing ordinance passed, as amended, 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 called for petitions from the audience. Mr. Jack Gordy, 310 Norton, said the state and the city entered into an agreement in 1972 saying they would enforce the state Highway Beautification Act. He said the city cannot choose which portions of that act it wishes to enforce. He said there are still several political signs up since last March. Council Member Kinnison asked if city employees enforce the sign ordinance when they are informed about particular addresses where violations are occurring. City Manager Garcia replied that he thought city staff had dealt with the addresses to which Mr. Gordy referred. Mr. J.E. O'Brien, 4130 Pompano, quoted from the Mercer Report, which stated that fire insurance rates for Corpus Christi are higher than those for some larger Texas cities. He said the report recommended analyzing the reason for those rates and making changes where possible. Mayor Neal asked Mr. O'Brien the date of the Mercer Report, and he replied August 1990. Mr. Kinnison said he thought Fire Chief J.J. Adame had provided a report about the fire insurance rates. Mr. Garcia added that there are many variables involved in the rates. Minutes - Regular Council Meeting July 25, 2000 Page 15 Mr. Foster Edwards, 118 Alta P1272, said he appreciates the fact that the Council has to deal with a variety of both short-term and long-term problems. He referred to a book entitled Why Americans Hate Politics, which contrasts addressing issues versus problems. Mr. R.F. Hasker, 1813 Wallace, said he disagrees with a letter to the editor written by the Mayor regarding Senator Kay Bailey Hutchison's efforts for Packery Channel. He said it is not advisable to cut a channel, which would allow water to flood Corpus Christi Bay. He said national and local politicians have stated that they like to spend other people's money. Mayor Neal said neither the Council members, Senator Hutchison nor Congressman Solomon Ortiz have ever made that statement. Mr. Rolando Barrera, Hispanic Contractors Association, referred to a memo from staff regarding the costs and consequences of breaking up the airport terminal construction project into multiple contracts. Mr. Barrera said they have been involved with the convention center expansion project for the last seven months and they were shocked when the project executive said the main building would go to a general contractor. He said since the disparity study was released, they have been stressing that projects should be broken up into multiple contracts. He said the airport terminal has yet to be designed and he disputed the figures in the memo from staff. Council Member Gonzales asked when the Council would be given a report on breaking up the airport project. Mr. Garcia replied that the report was contained in the City Manager's transmittal dated July 21, 2000. He said their recommendation continues to be that the airport terminal project should be awarded as a single contract. He noted that they are in the process of accepting bids and a general contractor should be selected during the August 22nd Council meeting. Dr. Gonzales said the Council should receive a full presentation and discuss it as a whole. Council Members Colmenero and Betty Jean Longoria agreed. Council Member Kinnison said they have had a year to discuss this issue. Following additional discussion, City Secretary Chapa pointed out that this issue is not on the day's agenda. Mayor Neal said they would proceed as planned with no changes. Mr. Abel Alonzo thanked the Council for adopting the budget and he asked the Council to work together and not attack each other. He said there are enough people who come before the Council and make negative comments on every issue and they do not have to do that among themselves. He said the city is not growing because a minority of people have been controlling the agenda with their negative rhetoric and it is time for a change. ************* Mayor Neal referred to Items 30.a. -30.h., and a motion was made, seconded and passed to open the public hearing on the following eight zoning cases. He said that properties where the owners have previously indicated their opposition to the rezoning are not being recommended to be rezoned (12 owners with lots on Williams Drive). He added that there are two lots that do not meet the minimum 100 -foot frontage requirement. Mr. Michael Gunning, Director of Planning and Development, then gave a computer presentation on each of the eight zoning cases being recommended for rezoning to "B -1A" Neighborhood Business District. Minutes - Regular Council Meeting July 25, 2000 Page 16 30.a. Case No. C0600-04. City of Corpus Christi: A change of zoning from an "R -1B" One -Family Dwelling District to an "B -1A" Neighborhood Business District on Gardendale Unit 3, Block 13, Lots IA through 17; Block 14, Lots 11 through 22A, located on the north side of Williams Drive, between Everhart Road and Blanche Moore Drive. Planning Commission recommendation: denial of the "B -1A" District on Gardendale Unit 3, Block 13, Lot 11, and approval of the "B -1A" District on the reminder of the subject property of Case C0600-04. Staff recommendation: denial of the `B -1A" District on Gardendale Unit 3, Block 13, Lot 11, 12 and 13 and approval of the `B -1A" District on the remainder of the subject property of Case C0600-04. 30.b Case No. C0600-05. City of Corpus Christi: A change of zoning from an "R -1B" One -family Dwelling District and "R -1B" One -family Dwelling District with a Special Permit for "B-1" District uses to an "B -1A" Neighborhood Business District on Gardendale Unit 3, Block 11, Lots 12 through 16; Block 12, Lots 1 through 21 and Moore Plaza, Block 3, south 180 feet of Lots 4, 9, and 14, located on the north side of Williams Drive, between Blanche Moore Drive and South Staples Street. Planning Commission and staffs recommendation: approval. 30.c. Case No. C0600-06. City of Corpus Christi: A change of zoning from an "R -1B" One -family Dwelling District to an "B -1A " Neighborhood Business District on Gardendale Unit 2, Block 1, Lots 3 through 18B; Block 2, Lots 2 through 18A and north 200 feet of Lot 1, located on the south side of Williams Drive, between Everhart Road and Betty Jean Drive. Planning Commission and staffs recommendation: denial of the "B -1A" District on Gardendale Unit 2, Block 1, Lots 16, 17, 18A, and 18B, and approval of the "B -1A" District on the remainder of the subject property for Case C0600-06. 30.d. Case No. C0600-07. City of Corpus Christi: A change of zoning from an "R -1B" One -family Dwelling District, "R-2" Multiple Dwelling District, and "R-2" Multiple Dwelling District with a "SP" Special Permit to a "B -1A" Neighborhood Business District on Gardendale Unit 2, Block 3, Lots 1A, and 2 through 18A; Block 4, Lots 1A, 1B, 2A, and 3 through 15, located on the south side of Williams Drive, between Betty Jean Drive and South Staples Street. Planning Commission and staffs recommendation: denial of the "B -1A" District on Gardendale Unit 2, Block 3, Lots 1A, 4, 7, 8, 14, 15, and 16, and approval of the "B -1A" District with a special permit for a storage building on Gardendale Unit 2, Block 4 south 200 feet of Lot 15, and approve the "B -1A" Neighborhood Business District on the remaining lots of the subject property for Case C0600-07. 30.e. Case No. C0600-08. City of Corpus Christi: A change of zoning from an "R -1B" One -family Dwelling District and "AB" Professional Office District to "B -1A" Neighborhood Business District on Gardendale, Block 7, Lots 16, 17A, and 17B, located on the north side of Holly Road, approximately 340 feet east of Everhart Road. Planning Commission and staffs recommendation: approval. 30.f. Case No. C0600-09. City of Corpus Christi: A change of zoning from "R -1B" One -family Dwelling District and "AB" Professional Office District and "AB" Professional Office Minutes - Regular Council Meeting July 25, 2000 Page 17 District with an "SP" Special Permit for "B-1" District signage to an "B -1A" Neighborhood Business District on Gardendale, Block 7, Lots 11 through 14, Block 8, Lots 22, 23, west half of Lot 21, and the south 200 feet of Lot 24, located on the north side of Holly Road, extending approximately 500 feet west and approximately 450 feet east of Nelson Lane. Planning Commission and staffs recommendation: approval. 30.g. Case No. C0600-10. City of Corpus Christi: A change of zoning from "R -1B" One -family Dwelling District and "AB" Professional Office District to an "B -1A" Neighborhood Business District on Gardendale, Block 8, Lots 11 through 18, located on the northwest corner of Holly Road and Betty Jean Drive. Planning Commission and staffs recommendation: approval. 30.h. Case No. C0600-11. City of Corpus Christi: A change of zoning from "R -1B" One -family Dwelling District, "R-2" Multiple Dwelling District, "AB" Professional Office District, and "AB " Professional Office District with a "SP" Special Permit to an "B -1A" Neighborhood Business District on Gardendale, Block 9, Lots 11D through 24; Block 10, Lots 12 through 18 and the southwest 0.86 acre out of Lot 11D, located on the north side of Holly Road, between Betty Jean Drive and South Staples Street. Planning Commission and staffs recommendation: approval. No one appeared in opposition to the zoning changes. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member Garrett, and passed. City Secretary Chapa polled the Council for their votes on all eight cases as follows: 30.a. ORDINANCE NO. 024122 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to Lots 1A through 10, and Lots 14, 15, 16, 17, Block 13, Lots 11 through 22A, Block 14, Gardendale Unit 3, from "R -1B" One -family Dwelling District to "B -1A" Neighborhood 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, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and J. Longoria absent. 30.b. ORDINANCE NO. 024123 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to Lots 12 through 16, Block 11, Lots 1 through 21, Block 12, Gardendale Unit 3, and the south 180 feet of Lots 4, 9, and 14, Block 3, Moore Plaza from "R -1B" One -family Dwelling District and "R -1B" One -family Dwelling District with a Special Permit to "B -1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Minutes - Regular Council Meeting July 25, 2000 Page 18 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and J. Longoria absent. 30.c. ORDINANCE NO. 024124 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to Lots 3 through 15, Block 1, Lots 2 through 18A and north 200 feet of Lot 1, Block 2, Gardendale Unit 2, from "R -1B" One -family Dwelling District to "B -1A" Neighborhood 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, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and J. Longoria absent. 30.d. ORDINANCE NO. 024125 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to Lots 2, 3, 5, 6, 9, 10, 11, 12, 13, 17 and 18A, Block 3, Lots 1A, 1B, 2A, and 3 through 15, Block 4, Gardendale Unit 2, from "R -1B" One -family Dwelling District "R-2" Multiple -family Dwelling District, and "R-2" Multiple -family Dwelling District with a Special Permit to "B -1A" Neighborhood Business District and a Special Permit for a storage building on the south 200 feet of Lot 15, Block 4, subject to five (5) conditions; 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, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and J. Longoria absent. 30.e. ORDINANCE NO. 024126 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to Lots 16, 17A and 17B, Block 7, Gardendale, from "R -1B" One -family Dwelling District and "AB" Professional Office District to "B -IA" Neighborhood 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, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and J. Longoria absent. Minutes - Regular Council Meeting July 25, 2000 Page 19 30.f. ORDINANCE NO. 024127 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to Lots 11, 12, 13, 14, Block 7, Lots 22, 23, west half of Lot 21 and south 200 feet of Lot 24, Block 8, Gardendale, from "R -1B" One -family Dwelling District, "AB" Professional Office District and "AB" Professional Office District with a Special Permit to "B -1A" Neighborhood 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, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and J. Longoria absent. 30.g. ORDINANCE NO. 024128 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to Lots 11 through 18, Block 8, Gardendale, from "R -1B" One -family Dwelling District and "AB" Professional Office District to "B -1A" Neighborhood 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, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and J. Longoria absent. 30.h. ORDINANCE NO. 024129 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to Lots 11D through 24, Block 9, Lots 12 through 18, and southwest 0.865 acre out of Lot 11D, Block 10, Gardendale, from "R -1B" One -family Dwelling District, "R-2" Multiple -family Dwelling District, "AB" Professional Office District and "AB" Professional Office District with a Special Permit to "B -1A" Neighborhood 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, Cooper, Garrett, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero, Gonzales, and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 34, solid waste sectors and commercial haulers. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said that in order to manage solid waste within the city limits, the proposed alternative ordinances are designed to operate the Minutes - Regular Council Meeting July 25, 2000 Page 20 landfills properly within the city's financial management plan. Mr. Massey said the ordinances follow one of two approaches: the city would assume control of commercial waste (as it has with residential waste) and more than likely contract that out to commercial haulers, either city-wide or within selected districts; or commercial waste would continue to be handled by the commercial haulers (as it exists today) but the city would increase permit fees. He said the intention is to set the fees so that the total expense to the commercial hauler for permitting and disposal would be approximately the same as it is today. Mr. Massey added that staff is still working with the solid waste companies to try to refine the figures in the proposed ordinance because they are based on the best information they have at this time. He noted that the permit fees vary by hauler. City Manager Garcia pointed out that part of the reason the city is able to keep residential collection fees low is due to the money the city makes at the landfill. He said there is a very high probability that the city will suffer major losses in its landfill revenues. Therefore, unless the city takes steps to address those revenue losses, major increases in solid waste fees will be required. One step staff is considering is locking in current revenues. He said their objective is to charge a fee that would be the equivalent of what the commercial haulers currently pay in tipping fees at the landfill, which he explained. Council Member Scott asked whether he would have to pay the proposed $66,000 per vehicle fee if he owned several apartment complexes and hauled his own trash. Mr. Massey replied that he would not have to pay that fee because he would be hauling his own trash and would not be considered a commercial hauler; however, he would have to pay tipping fees at the landfill. Mr. Scott said there seems to be a competitive disadvantage between someone who owns a lot of property and the commercial haulers. Mr. Reining said that is one of the issues staff knows must still be studied. He added that there may need to be multiple fee schedules to address the many different scenarios. Mr. Scott said it would be helpful for the Council to know what are the actual residential collection costs. He also recommended that Sec. 21-85(a) of the proposed ordinance be amended to state: "The fee for a solid waste permit shall be a reasonable amount per vehicle for use of the city streets as determined by the City Council." He said that allows staff to go back and meet with the commercial haulers and it shows the Council's intention to have some sort of rate structure so the city's revenues are made whole. Council Member Garrett expressed concern about staffs proposal to raise the permit fee from $70 per vehicle to $66,000 per vehicle. He suggested that staff negotiate with the haulers some fees that are more reasonable. He said the Council should be careful to ensure that local companies are not put out of business. Mr. Garcia reiterated that the proposal is intended to be revenue -neutral and is not meant to be an additional burden on commercial haulers; rather, it would be a change in the way they pay their fees. Responding to Council Member Colmenero, Mr. Reining said that in preparing the proposed ordinance he took the number of current permits and divided it by lost revenues from the proposed Minutes - Regular Council Meeting July 25, 2000 Page 21 reduction in the tipping fees, which resulted in the figure of $66,000 per vehicle. Mr. Massey explained that commercial haulers permit a truck for "inside city limits" (ICL) or "outside city limits" (OCL). Mr. Reining said staff was unable to determine from talking to the haulers how many trucks are registered as OCL, which are allowed to pick up trash both inside and outside the city limits. Consequently, it is not known exactly how many trucks operate within the city limits. Mr. Colmenero explained why he cannot support this proposal. Council Member Kinnison agreed that the proposed ordinance is difficult to support as it is currently written. He suggested that the Council table this item and instruct staff to work with the commercial haulers on this issue. He said staff should emphasize that the city is not looking for additional revenue. Council Member Gonzales said the proposal is not well -thought out and he agreed that it should be tabled. In response to Council Member Betty Jean Longoria, Mr. Massey said staff was looking for the Council's endorsement to come up with an equitable solution, and the way to get that started was to outline two concepts (the two proposed ordinances below). Mrs. Longoria said she thought the proposed ordinance could be amended as suggested by Mr. Scott and passed on first reading to allow staff to go back and discuss it with the commercial haulers. Mr. Garcia emphasized that failure to correct the potential loss in landfill revenues will result in major rate increases to the residential customers. Mayor Neal said there are other, less palatable options, such as raising taxes or cutting services. Additional discussion followed. Mr. Massey reviewed a chart showing the J.C. Elliott Landfill revenue loss based on the percent of waste diversion. The Mayor said there are two basic issues: at what level can the city's landfill compete in the open market and if the city loses revenue, how will that revenue be made up, which is a policy decision. Mr. Garcia said the state and federal governments recognize that the city has a responsibility to provide solid waste services to the community, which is part of the reason the city has a lot of authority in how it regulates that industry. Mr. Kinnison made a motion to table Item 34, seconded by Dr. Gonzales. City Secretary Chapa polled the Council and the motion failed to pass by the following vote: Colmenero, Garrett, Gonzales, and Kinnison voting "Aye"; Neal, Cooper, B. Longoria, and Scott voting "No"; J. Longoria absent. Mayor Neal called for public comment. Mr. John Torrey said he operates Captain Hook Dumpster Service. He said he is concerned because he was left out of the previous discussions even though he is one of the few local licensed haulers Mayor Neal said if Mr. Torrey is a commercial hauler, he is entitled to take part. Mr. John Bell, a local attorney, said he represents Corpus Christi Disposal Service, which is owned by Ralph and Milo Diaz. He said that while they met with staff six weeks ago, these proposals were not made. He said that while the city has an advantage in the location of the landfill, time is lost at the landfill itself due to methods of operation. He discussed economic consequences Minutes - Regular Council Meeting July 25, 2000 Page 22 of competition and he added that while his clients want to do business with the city, they also want to stay in business themselves. In response to Mr. Scott, Mr. Bell said they did not have an altemate proposal because they just received staffs proposal yesterday. Mr. Bill Davis, representing BFI, said that last December they contacted Mr. Massey to discuss the possibility of another landfill opening in the area but nothing really transpired until late June 2000. As a result, BFI gave staff their own proposal but have not received a response. He said the City of Corpus Christi has a tremendous logistical advantage from a garbage haulers' stand point because the Elliott Landfill is well located. Responding to Council members' questions, Mr. Davis briefly discussed the location of the new private landfill in Robstown versus the location of the city's yet -to -be -opened Valenzuela landfill. He said BFI is permitted for 16 trucks. Mr. Larry Woods, of South Texas Recycling and Disposal, thanked the Council for their action on this matter. He said he spent several hundred thousand dollars to enter the market here and if they had proceeded with staff's proposal, it would have hurt his business. He said he would like to work with city staff on developing another agreement. Mr. Tom Webber, District Manager of Waste Management, said they had one brief meeting with city staff in June and they understood that staff would talk with them again. He said Corpus Christi's economic development can be affected depending on which direction the Council takes on this matter. He said they have supported the landfill for many years and more dialogue is needed. Mr. Ralph Diaz, co-owner of Corpus Christi Disposal, said they have been operating for 60 years and they have 15 trucks permitted for OCL and ICL use. As a member of a Council of Governments committee, he cast the only dissenting vote against the new landfill. He said staff's proposal would result in almost $1 million in permit fees paid by his company. He said the way to continue operating is to become efficient. Mr. Scott made a motion to amend Sec. 21-85(a) under Item 34.b. to state: "The fee for a solid waste permit shall be a reasonable amount per vehicle for use of the city streets as determined by the City Council." The motion was seconded by Mr. Colmenero. Mr. Kinnison said if that section of the ordinance is amended, other sections of the ordinance will be affected. Mr. Chapa polled the Council and the motion to amend failed by the following vote: Colmenero and Scott voting "Aye"; Neal, Cooper, Garrett, Gonzales, Kinnison and B. Longoria voting "No"; J. Longoria absent. Mr. Chapa then polled the Council for their votes on Items 34.a. and 34.b. as follows: 34.a. FAILED TO PASS Amcnding the Codc of Ordinances, City of Corpus Christi, Chaptcr 21, Garbage, Trash and Minutes - Regular Council Meeting July 25, 2000 Page 23 The foregoing ordinance failed to pass by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "No"; J. Longoria absent. 34 b FAILED TO PASS penalties The foregoing ordinance failed to pass by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "No"; J. Longoria absent. Mayor Neal made a motion to direct staff to meet with all of the commercial solid waste haulers over the next six to eight weeks and bring back to the Council recommendations that include their thought process as well as more definitive information about a reduction in the fee schedule and the impact on the General Fund budget; seconded by Mrs. Longoria. Mr. Scott questioned whether the negotiations with the commercial haulers would result in a revenue -neutral proposal. Dr. Gonzales said the Mayor's motion directs staff to make a sincere effort to meet with the haulers and come up with a good solution that helps everyone. Mayor Neal called for a voice vote on the motion, and it passed unanimously (J. Longoria absent). The Mayor then called for a short recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 35, FY00-01 capital budget. City Secretary Chapa said this item had been listed as an emergency ordinance but it will be considered on two readings. In his computer presentation, Mr. Garza explained that the Council will only be adopting Year 1 of the capital improvement program (CIP), while Years 2-5 are for planning purposes. He said the projects are based on securing final funding sources, which may include general obligation bonds, certificates of obligation, grants, operating revenues, contributions and other sources. He said the Budget Office is responsible for the budgeting aspects of the CIP while the Engineering Department is responsible for project development and administration. Mr. Garza said the proposed CIP was delivered to the City Council and the Planning Commission on May 30, 2000; on June 21st the Planning Commission held a public hearing and approved the CIP; and on July 11th the City Council received a summary review and held its own public hearing on the CIP. Mr. Garza said the new funding budget summary for Year 1 is as follows: Airport, $36.02 million; Combined Utilities, $70.21 million; Utility Relocations, $9.43 million; G.O. Bond Issue 2000, $14.94 million; Sales Tax Issue 2000, $6.86 million; Landfill, $3.41 million; CDBG, $1.94 Minutes - Regular Council Meeting July 25, 2000 Page 24 million; RTA Street Projects, $500,000; and Parks, Misc., $41,000, for a total of $143.35 million. He said the CIP includes estimated funding for Year 1 requirements of projects in the proposed G.O. and sales tax bond issues. In addition, projects will be implemented only to the level approved by the voters. The Acting Budget Director said the Combined Utility projects are based on current available funds and estimated available funds. He said funding sources for the plan are operating revenues for the "pay-as-you-go" portion and revenue bonds at levels determined by the debt capacity model. He noted that utility rates directly impact the level and timing of the CIP (FY00-01 includes no rate increases for water and wastewater and a 2% rate increase in gas). As a result, the debt capacity model was updated to reflect those rate changes as well as the impact of the reengineering efforts. He said the CIP will be prioritized based on critical need and available resources. An amended plan will be presented to the Council on September 19, 2000. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said the public does not know about the proposed CIP and the Council has had limited discussion on it. He said he primarily objects to the Packery Channel project in Years 2 and 3, which is a very controversial project. He said he also had a problem with issuing more certificates of obligation. Mayor Neal said the Council was not anticipating doing any of the things Mr. O'Brien was talking about. Mayor Neal noted that the Council would be passing this on first reading and staff will give a more detailed presentation on September 19th along with substantial revisions to Years 1-5. Mr. Chapa polled the Council for their votes as follows: 35. FIRST READING ORDINANCE Ordinance approving the FY 2000-2001 Capital Budget in the amount of $143,347,400. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 36, amendments to the Code regarding the Office of Emergency Management. There were no comments from the audience. The Mayor complimented staff on their preparation of this item. City Secretary Chapa polled the Council for their votes: 36. FIRST READING ORDINANCE Amending the City of Corpus Christi, Code of Ordinances by revising Chapter 15, Emergency Management, regarding powers, duties and responsibilities of the Office of Minutes - Regular Council Meeting July 25, 2000 Page 25 Emergency Management; providing for the declaration of a local state of disaster, and other emergency orders; providing for Mayoral designation of certain emergency management officials, providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, and B. Longoria voting "Aye"; Cooper, J. Longoria and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 37, three interlocal agreements pertaining to use of facilities during a hurricane emergency. Mr. Juan Ortiz, Emergency Management Coordinator, said the agreement with CCISD proposes to utilize 30 school buses with a maximum capacity of 1,650 people. He said city staff will work with other area school districts to develop similar agreements. Ms. Barb Sudhoff, Director of Municipal Courts, discussed the two other interlocal agreements regarding school facilities and food services. She said the city and district have identified 12 potential sites with a maximum capacity of approximately 10,000 people for the refuge of last resort program. She said the city is responsible for the staffing and management of those sites. However, CCISD administrators and custodial staff will be present at each of the sites. Regarding food services, the CCISD central kitchen will provide pre-packaged meals for up to 10,000 people. She added that all facilities managers have been trained by the American Red Cross in shelter management. Mayor Neal said that in the event of a hurricane, they need to emphasize that the first priority is evacuation of the city. He noted that the shelters are refuges of last resort and the city will not designate or open them until the city is sure that it has to. Responding to Council Member Scott, Mr. Ortiz said the ongoing construction on IH -37 has been taken into consideration in the planning process of the evacuation scenarios. In response to Council Member Garrett, Mr. Ortiz said they hope to obtain additional buses from other entities to assist in the evacuation of 5,000 people. He said Corpus Christi is probably one of the first cities in Texas to undertake this effort on such a large scale, although other U.S. cities have done so. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 37.a. RESOLUTION NO. 024133 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for use of school buses during hurricane emergency. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. Minutes - Regular Council Meeting July 25, 2000 Page 26 37.b. RESOLUTION NO. 024134 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for use of school buildings during hurricane emergency. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. 37.c. RESOLUTION NO. 024135 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for food services during hurricane emergency. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 38, pumping plant clearwell replacement. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 38. M2000-268 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an agreement to authorize Stage 2 Design/Construction Phase (Engineering) Services with Urban Engineering for a fee not to exceed $ 902,250 for the Savage Lane Pumping Plant Clearwell Replacement. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 39, temporary street closing for "Pearl Harbor" film. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 39.a. ORDINANCE NO. 024136 Ordinance amending the Code of Ordinances Chapter 49 - Streets and Sidewalks, Article 1 - In General, Division 2 - Temporary Closure of Street, Section 49-17 - Conditions and Requirements for Permit, by adding Item (r) providing for temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, Minutes - Regular Council Meeting July 25, 2000 Page 27 or for conducting a comparable event, which will promote the city, providing for penalties. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "Aye"; Kinnison abstaining; Colmenero and J. Longoria absent. 39.b. M2000-269 Motion authorizing the City Manager or his designee to issue a street closing permit to the USS Lexington Museum, on behalf of "Big Ship Production," for the temporary closing of North Shoreline Boulevard, between Breakwater Avenue and Coastal Avenue, beginning Wednesday, July 26, 2000 and ending Tuesday, August 8, 2000, to facilitate the filming of the "Pearl Harbor" motion picture, waiving the payment of any street occupancy fees and waiving the requirements of Section 49-17, Subsections (A) and (B). The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, B. Longoria, and Scott voting "Aye"; Kinnison abstaining; Colmenero and J. Longoria absent. ************* Mayor Neal opened discussion on Item 40, law enforcement block grants. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 40. M2000-270 Motion approving the submission of a grant application in the amount of $333,115 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY2000 Local Law Enforcement Block Grants Program. Grant funds will be used to purchase law enforcement equipment for the Police Department. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 41, playground safety surfacing. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 41. M2000-271 Motion authorizing the City Manager or his designee to execute a construction contract with No Fault Industries, Inc. for a total fee not to exceed $117,836.89 for the Bayfront Parks Improvements Playground Safety Surfacing. Minutes - Regular Council Meeting July 25, 2000 Page 28 The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; Colmenero and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 42, Consolidated Emergency Dispatch Center. There were no comments from the audience. Responding to Council Member Kinnison, Assistant Police Chief Ken Bung said that once the contract is let staff believes it will take 90 days to complete the renovation of the facility. City Secretary Chapa polled the Council for their votes as follows: 42.a. ORDINANCE NO. 024137 Ordinance appropriating $39,000 from the Interlocal Cooperation Agreement with Nueces County for a Consolidated Emergency Dispatch Center in the General Fund No. 1020, amending FY 99-00 budget adopted by Ordinance No. 023702, to increase appropriations by $39,000 in the No. 1020 Fund for modification of the Emergency Dispatch Center. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 42.b. M2000-272 Motion authorizing the City Manager or his designee to execute a construction contract with EGI Construction Company for a total fee not to exceed $39,000 for the Police Department Phase One Consolidated Emergency Dispatch Center 2000. 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 opened discussion on Item 43, rolled curb and gutter replacement project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 43.a. M2000-273 Motion authorizing the City Manager or his designee to execute a construction contract in the amount not to exceed $213,800 with A. Ortiz Construction and Paving, Inc. for the Rolled Curb and Gutter Replacement FY99-00 project. The foregoing motion 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 25, 2000 Page 29 43.b. M2000-274 Motion authorizing the City Manager or his designee to execute an engineering/construction management contract in an amount not to exceed $22,240 with Engineering & Construction Management Services, Inc. for the rolled curb and gutter replacement FY99-00 project. 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 opened discussion on Item 44, emergency communications efforts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 44. M2000-275 Motion authorizing the City Manager to purchase the multiple communication tools and tabletop training equipment from the Refinery Terminal Fire Company for $10.00 and the City's commitment to provide updated emergency communication to citizens in the Coastal Bend area. 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 the City Manager's report. Mr. Garcia said the next regular Council meeting is scheduled for August 22nd and major items include authorization of the bonds for the airport project and award of a construction contract for the airport terminal; sales of certificates of obligation for purchase of the new landfill site; and plans for the year 2000 annexation program. Mr. Garcia also noted that the city's water reservoirs have dropped below the 40% capacity level, which in the past was the point at which Phase 1 of the Drought Contingency Plan was implemented. However, he noted that this is the first year that the city has utilized the Mary Rhodes Pipeline and due to that additional capacity, the city is not implementing mandatory conservation. He said they are still encouraging people to conserve water and he noted that new standards need to be developed to incorporate the additional capacity provided by the pipeline. Mr. Massey, Mr. Bray and Mr. Garafia briefly explained the strict conditions under which water releases could be stopped. Mayor Neal announced that there would be a "Talk to the Mayor" event on July 26th at City Hall. He also requested a presentation on the convention center expansion and he called for Council concerns and reports. Mrs. Longoria said she received a letter from a citizen regarding Parkview Park and she Minutes - Regular Council Meeting July 25, 2000 Page 30 reminded the Council about the Association of Mayors, Councilmembers and Commissioners conference in Corpus Christi on July 27-29, 2000. She also said it is very important for the Council to hear a presentation on the airport terminal project. Mayor Neal said staff could prepare an informational presentation for the Council on that project. Mr. Colmenero referred to a letter from the owner of the Flagship regarding the RTA ferry. Mr. Garrett asked about the traffic issue at Park Road 22 and Whitecap Boulevard. Mr. Angel Escobar, Director of Engineering Services, said TXDOT is working to improve the safety of that intersection through lane designations. Mr. Garrett also asked about the irrigation of the median on Park Road 22. Mr. Cisneros said since there is not enough water pressure for the irrigation system, crews will continue to provide manual irrigation. Mr. Scott asked if the Council would begin receiving regular financial reports. Mr. Garcia said staff can provide quarterly reports. Mayor Neal said he thought they needed to have presentations at least quarterly on a reconciliation basis by section. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:55 p.m. on July 25, 2000. * * * * * * * * * * * * *