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HomeMy WebLinkAboutMinutes City Council - 11/21/2000I 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 November 21, 2000, which were approved by the City Council on December 12, 2000. WITNESSETH MY HAND AND SEAL, this 12th day of December, 2000. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 21, 2000 12:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem John Longoria Council Members: Melody Cooper Henry Garrett Dr. Arnold Gonzales* Rex A. Kinnison Betty Jean Longoria Mark Scott ABSENT Javier D. Colmenero 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 Brother Rolland A. Kapsner, St. Joseph's Catholic Church, following which the Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 November 14, 2000. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal announced that the Council would go into executive session, pursuant to Texas Government Code Section 551.071, regarding the following items: for legal advice regarding requested initiative and referendum on Ordinance No. 024270 designating a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," establishing a Board of Directors for such Reinvestment Zone, and other matters relating thereto, with possible discussion and action related thereto in open session; application to be filed with the Texas Natural Resource Conservation Commission by the San Antonio Water System, the Guadalupe -Blanco River Authority, the Nueces River Authority, and the San Antonio River Authority for necessary rights and permits to use surface water for the purpose of enhancing the recharge of the Edwards Aquifer, with possible discussion and action related thereto in open session; advertising on bus benches within City rights-of-way, with possible discussion and action related thereto in open session; Minutes - Regular Council Meeting November 21, 2000 Page 2 • Larry Young et al v. City of Corpus Christi, Civil Action No. C-99-536, and Mary Collins et al v. City of Corpus Christi, Civil Action No. C-00-066, United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session; and • enforcement of agreement with Calallen Independent School District (approved by City Council Motion No. M98-162 on May 12, 1998), with possible discussion and action related thereto in open session. The Council went into executive session. *Council Member Gonzales arrived at 12:07 p.m. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, tax increment financing district (TIF). City Secretary Chapa stated that Council Members Garrett and Gonzales would be abstaining from discussing or voting on Items 3 and 4. He also explained that the Council had until the end of the Council meeting that day to reconsider Ordinance No. 024270 to either repeal the ordinance or to let it stand. Council Member Scott made a motion to deny the request to reconsider Ordinance No. 024270, seconded by Council Member Cooper. There were no comments from the audience. Mr. Chapa polled the Council for their votes: 3. M2000-408 Motion to deny the request to reconsider Ordinance No. 024270 which designates a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas"; establishing a Board of Directors for such Reinvestment Zone. The foregoing motion passed by the following vote: Neal, Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett and Gonzales abstaining; Colmenero absent. Mr. Chapa said he would provide petition forms to the interested persons that day. Mayor Neal opened discussion on Item 4, Reinvestment Zone No. 2 Board of Directors. City Attorney Bray explained that the ordinance adopted by Council, in accordance with the state Tax Increment Financing Act, provides for a board of directors. He said the Council can appoint up to 10 members and they can appoint themselves. He said staff recommends that the seven Council members who are qualified to act on this issue vote to approve themselves as the seven members at this time. Mr. Scott made a motion to do as Mr. Bray recommended, seconded by Mr. Kinnison. There were no comments from the audience. Mr. Chapa polled the Council for their votes as follows: 4. M2000-409 Motion appointing City of Corpus Christi Board Member Representatives to Corpus Christi Reinvestment Zone No. 2 Board of Directors. Minutes - Regular Council Meeting November 21, 2000 Page 3 The foregoing motion passed by the following vote: Neal, Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett and Gonzales abstaining; Colmenero absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5 regarding the conversion of Nueces County Rural Fire Prevention District No. 1 to Nueces County Emergency Services District No. 1. City Manager Garcia said the Council had asked that representatives of the fire prevention district make a presentation. Mr. Jeff Atwood, President of Nueces County Rural Fire Prevention District No. 1, introduced Mr. Larry Stevens, a consultant hired by the district; Mr. Ernest Garza, the district's accountant; and Mr. Hal George, the district's attorney. Mr. Atwood explained that the fire district and the Annaville Volunteer Fire Department were established in 1954 and currently it consists of 26 volunteer firemen who operate three fire stations. He said their equipment consists of three pumper trucks, three brush trucks, two pieces of rescue auto -extraction equipment, and one tanker. He said they respond to between 35 and 75 calls per month, with about 20 of those occurring within the Corpus Christi city limits. Mr. Atwood said that on November 7, 2000, 78% of the voters in that area approved a proposal to convert Nueces County Rural Fire Prevention District No. 1 to Nueces County Emergency Services District No. 1. He said that a few years ago, the district met its tax cap of three cents as a rural fire prevention district. He said the northwest is the fastest growing area of Nueces County and converting to an emergency services district will allow them the flexibility to run the department in the future as that area continues to grow. He said prior to the election, the district used its reserve funding to purchase new equipment to continue providing for the area's needs and to support neighboring fire departments. Mr. Atwood said the district hired Mr. Stevens to conduct an Insurance Service Office (ISO) review. His recommendations included purchasing new equipment which can carry more water and discharge it very rapidly, as well as to be able to pump water from portable tanks. Mr. Atwood said the volunteer fire department is initiating a campaign to recruit more volunteers and the fire district is considering daytime staffing, such as hiring off-duty firefighters or qualified personnel. Mayor Neal called for public comment. Mr. Jimmie Till, 6034 Lost Creek, said he thought much of the rural fire district was located within the city limits, and he questioned whether it was proper for citizens to pay taxes on identical services. He said he thought that when the fire district was formed, it was located outside the city limits and now much of it has been annexed by the city. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said the association is not against the creation of fire districts, emergency services districts, or crime control districts as long as voters are educated about those issues before they vote. He said he was not sure Minutes - Regular Council Meeting November 21, 2000 Page 4 that voters were told what they would be voting on in the 11 precincts that considered the proposal. Mr. Torres said that 73% or $210,935 of the taxes levied in the district are paid by residents living inside the Corpus Christi city limits. He said if the district's taxes are increased from three cents per $100 valuation to 10 cents per $100 valuation, the district's revenue would be over $986,000. He said additional revenues from charging a reasonable fee for emergency response are also allowed under the district. He said this issue could have an impact if the city ever wanted to create its own fire district. Mr. Torres went on to say that the stated purpose for converting to an emergency services district (ESD) was to allow the district to purchase additional equipment in order to lower the ISO rating and to decrease the insurance premiums in the district. He said only residents outside the city limits would benefit because, according to ISO representatives, rural fire protection district ISO ratings have no impact on residents of Corpus Christi. Mr. Torres added that inside the city, volunteer firefighters must work under the Corpus Christi Fire Department's incident commander. He questioned what will happen when a volunteer with little or no training is seriously injured or killed in a fire. He said the CCFD is in dire need of money for equipment; for example, the engine company stationed at Five Points is 20 years old. With the money generated by the ESD tax, the fire department could purchase additional equipment and receive a better ISO rating for the entire city, rather than just for that area. Mr. Bob Andrews, 12050 Up River Road, said his residence is located both within the city limits and in the rural fire district. He said he has been a fire professional for a long time and he feels that in general the fire services in this community do not have the necessary resources. He said the fire district found a way to increase their resources, which a large portion of the electorate supported. He said the fire district should be commended for hiring a consultant to study this issue and proceeding as it did. He said he supports the district's actions. Mr. Jack Gordy said he does not live in the rural fire district, but this is a case where the voters said they wanted something and their votes should count. Council Member Betty Jean Longoria said she lives in the northwest and she feels the election showed that citizens support public safety. Responding to a question from Mrs. Longoria, Mr. Atwood said that the number of fire calls they receive varies greatly, although there were several calls this summer regarding brush fires. In response to another question from Mrs. Longoria, Fire Chief J.J. Adame said that when an emergency call goes into the public safety dispatch center, they dispatch Corpus Christi fire units for both fire calls and EMS calls. Mr. Atwood said the volunteer fire department is dispatched through the Nueces County Sheriff's Department anytime Engine 2 or Engine 12 (the two city engine companies in the northwest area) are dispatched by the city. Chief Adame added that occasionally calls come into the city's dispatch center from outside the city limits. The dispatch center then contacts the shift commander, who decides whether to dispatch units outside the city limits. He said in most of those cases, units are dispatched outside the city limits. Minutes - Regular Council Meeting November 21, 2000 Page 5 Mrs. Longoria said that as the Council representative for District 1, she has the responsibility of ensuring that her district receives city services. She said she is aware of the fire department's need for additional equipment, including an ambulance in the northwest area, but budget constraints are always a factor. She said she is not sure whether a lot of the citizens who voted on the fire district issue understood that it is not associated with the city. Mrs. Longoria also asked about training for volunteer firefighters. Mr. Atwood said that with regard to fires within the city limits, both the CCFD and the volunteer fire department respond. He said several of the volunteer firefighters perform shift work, such as at the refineries. He said they also have career firefighters who volunteer off-duty. He said their response time is about 6 to 8 minutes depending on the location. Chief Adame noted that Corpus Christi firefighters respond from their respective stations, while volunteers have to go to their stations to pick up their equipment first. It was pointed out that if an engine is called out, other engines are moved around in the city to ensure adequate emergency coverage. Mr. Stevens, the fire district's consultant, said that ISO is basically new to the state of Texas. He said if Annaville's ISO is improved, it would affect everything within five miles in all directions from the fire station. He said the last time ISO was in Corpus Christi to conduct a rating was in 1990, and at that time the unoccupied land area was almost half as large as it is today. He said Annaville's grade was done last year and ISO gave them a list on what they would need to receive the next grade. Mr. Stevens said he conducted a study of the value of changing ISO grades, and to a person in the rural Annaville area, the effect could be from $800 to $1,200 a year in fire insurance. He further described ISO ratings and specific examples of savings. He added that according to the fire district's meeting minutes during the last year, there has been no discussion of increasing fees or the tax rate Mr. Stevens said the only reason the district went from being a rural fire district (RFD) to an emergency services district (ESD) is because there is a cap on RFDs. He said there are plans in the legislature to raise that cap. He said if the city did not want the industrial areas to be included in the fire district, they could remap it. He said the RFDs and ESDs are not allowed to go to bonds, so the conversion should not affect the city's bonds in any way. He added that ESD funds cannot be used by the city. Mr. Stevens said the monies generated by the formation of an ESD can improve staffing at fires and may be used to staff an ambulance if the parties wished. Responding to Mayor Neal, Mr. Stevens said that inside the city limits and within 1,000 feet of a fire hydrant, the ISO rating would be Class 4; the rating would be Class 9 inside the city limits but farther than 1,000 feet of a fire hydrant. The Mayor pointed out that inside the city limits, it is the city's responsibility --not the emergency services district --to provide fire hydrants Mr. Stevens reiterated that if the Annaville fire district receives an ISO grade better than the city's grade, it would change the grade for Corpus Christi residents who live within five miles of any Annaville station. Council Member Garrett asked if the CCFD automatically responded to calls outside the city limits. Chief Adame said they do not respond automatically; rather, the shift commander makes that determination, although in most cases units will be dispatched. He added that when fire units are in the stations, the CCFD's average response time is about 4.5 minutes. Minutes - Regular Council Meeting November 21, 2000 Page 6 Responding to another question from Mr. Garrett, Chief Adame said that CCFD assumes full command of any incident inside the city limits. He said volunteer units remain on the scene as long as they think they need to be there or are needed. He added that there is an issue of qualifications when responding to fire calls, and the volunteer department has been helpful, particularly regarding brush fires. Mr. Jim Callis, 11410 Willowood Creek, said he lives inside the city limits and is a CCFD firefighter. He said shortly before the November 7th election, he began to research the ESD issue and was told by an insurance agent that inside the city limits, the ISO rating is Class 4. He was told that the ISO does not look at volunteer services and equipment but rather at city services and equipment. He was also told by the Fire Marshal's Office that if a first responder district is established, the tax rate in the district could go up to 10 cents per $100 valuation. He said that prior to the election, information on that issue was vague and insufficient, and he feels that citizens in northwest Corpus Christi were deceived because they did not receive all the necessary information. Mr. Stevens replied that Mr. Atwood did not write the article in the newspaper to which Mr. Callis referred. He also quoted from a letter from an ISO representative which basically stated that the lowest ISO grade does apply. He said the election did not result in a tax increase; a meeting will be held if there is an intention at some point to raise the tax. Mr. Ernest Garza, the district's accountant, distributed information about the district. He said that according to year 2000 population estimates, the total population within the fire district is 34,405, of which 91.5% (31,480) live inside the city limits and 8.5% (2,925) live outside the city limits. According to the Appraisal District, 75% of the properties with assessed values are located inside the city limits and 25% are located outside the city limits. He said fire district officials have not discussed raising the tax to 10 cents per $100 valuation; rather, they have discussed raising it three-fourths of a cent to one cent to pay for additional equipment. He added that according to the tax collection report through August 31, 2000, the district's year-to-date collection was approximately $280,000. Council Member Kinnison asked why fire district officials had not discussed this issue with city officials sooner, in light of the percentage of city residents who live within the fire district. Mr. Atwood said the fire district is a small organization and as a commissioner, he does not distinguish between providing services inside and outside the city limits --he said they provide services for the whole area within the fire district. He said as a taxing entity, they could not spend any money for the election and they had to rely on the volunteers themselves. Responding to Council Member Gonzales, Mr. Atwood and Mr. Garza said they submitted the names of over 100 registered voters to the County Clerk's Office in order to have their issue placed on the November 7th ballot. Mayor Neal asked about the city's options. City Manager Garcia replied that the voters approved a change in the district's status from a rural fire prevention district to an emergency services district. He said the city has the option of withdrawing the area within the city limits from Minutes - Regular Council Meeting November 21, 2000 Page 7 the rural fire district; by separate action the Council can also exclude the industrial district areas. He said if the Council does nothing, the fire district will continue according to their plan. Council Member John Longoria said he would not support pulling out of the rural fire district until the Council had a public hearing in the northwest area about this issue. Mrs. Longoria agreed that a public hearing should be held. She said it needs to be explained that the approval of the ESD opens the door to future tax increases in that area. She said the rural fire district worked many years ago until the city began annexing many parts of the northwest and the city became responsible for providing those services. Responding to Mr. Kinnison, Assistant City Attorney Jay Reining said the Council would be able to take action, if it wished, during their December 12th meeting because it falls within the 30 days from the date the votes were canvassed. Mr. Kinnison also asked what the effect would be of the city pulling out of the district. Mr. Garcia said the only fire service within the city limits would be provided by the CCFD and the rural fire district would be limited to the areas outside the city limits. He said the CCFD is the first responder to every incident in the city limits and their response times are substantially shorter than those of the volunteer department. He said he thought there would be some effect on the resources the city could bring to brush fires. Mr. Kinnison said he would support holding a public hearing on this issue. Responding to Council Member Scott, Mr. Reining said the city has the authority to exclude the industrial districts from a rural fire district but not from an emergency services district. He said the reason is that the industries have their own fire company but they do not have their own medical ambulance service. Mr. Scott said he thought that would be a major factor regarding the industries. Dr. Gonzales said he thought the voters were sending a message about the need for additional services in the northwest. Mr. Garcia said there is an issue about dissolving a district that has outstanding debt and he thought the Nueces County RFD has no outstanding debt at this time. In reply to Dr. Gonzales, Chief Adame said the CCFD has a similar relationship with the Flour Bluff volunteer fire department. He said they are not sure what the city's liability would be if a volunteer firefighter was injured at a fire in which the CCFD was in charge. Mr. Garcia said staff will put this item back on the agenda prior to the deadline and they will schedule a public hearing in the northwest prior to December 12th. Mr. Longoria said the issue about insurance rates needs to be clarified because it is a crucial point. Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 310 Norton, discussed the issue of bus benches containing advertising in the state highway rights-of-way. He said if the city does not intend for the law regarding advertising in Minutes - Regular Council Meeting November 21, 2000 Page 8 the state ROW to be complied with, they should make an effort to get the law changed. He said no one has been able to show him an exception to the law for home rule cities. He said state laws should not be ignored and violations should not be condoned. Mr. Jeff Frahm, 13501 Royal Fifth Court, said the Padre Island Business Association and several other groups are in support of the Packery Channel project and the tax increment financing (TIF) district. He said their concem is how the petitions seeking to repeal the Council's approval of the TIF will be presented. He said those in support of the TIF are asking that the Council educate the public about the issue and enforce the proper presentation of the petitions. Mr. J.E. O'Brien, 4130 Pompano, noted that the deadline for the publication of the city's Comprehensive Annual Financial Report is next week, and he asked about its status. Mr. Roland Barrera, representing the Hispanic Contractors Association, said that recently a motion was passed authorizing the City Engineer to appoint an advisory committee to develop and recommend plans to allow maximum minority/small contractor and subcontractor participation in various construction projects. He said that committee has not yet met. Mr. Barrera also asked if smaller firms would be given the opportunity to participate in the seawall repair contract and the convention center expansion project. Council Member John Longoria said that unless there were any objections from Council members, he wished to direct city staff to prepare a resolution stating the city's intent to ensure that every possible opportunity be given to local and small businesses to bid on contracts. Council Member Gonzales said there are minority businesses that are not local but can do the work. He said he wanted to make sure that the city's contracts are broken up so small businesses can participate. City Manager Garcia said that currently there are several major contracts --particularly on larger projects --that do not involve minority contractors but rather nationally known companies. He said they may have local partners but they are not local companies. Mr. Longoria said staff should draft some language and let the Council consider it. Mayor Neal asked staff to bring a proposed resolution back to the Council at their next meeting on December 12th. Responding to Council Member Kinnison, Mr. Garcia said staff has received about 24 proposals from architects and engineers on 23 different bond projects. He said they anticipated making the selections soon after the first of the year. He added that the projects vary in size from about $900,000 to $5 million to $6 million and the architects are all local firms (with the exception of the arena project). Mr. Angel Escobar, Director of Engineering Services, explained that the request for qualifications required 100% local participation by engineers and architects on the bond package proposals. Mr. Garcia said there is a contract in place with Shiner Moseley & Associates (a local company) for the preliminary design work on the seawall and staff is discussing amending that contract. He said they have already sent out national proposals for the convention center expansion and the arena. Mr. John Torrey, 7253 Yaupon Dr., noted that Item 22 on the day's agenda is a presentation Minutes - Regular Council Meeting November 21, 2000 Page 9 regarding solid waste, and he asked when public comment will be solicited on that issue. Mr. Garcia said public comment occurs when there is a specific Council vote to be taken, such as appropriations and contracts. Mr. Torrey said that last year the J.C. Elliott Landfill received more revenue because of a large amount of roofing and construction materials that were taken there, as opposed to this year. He said he hoped the Council would solicit comments from professionals on this issue. Mr. Jimmie Till, 6034 Lost Creek, said he lived at Leopard and Southern Minerals Road from the time the rural fire district was established until 1998. He said that on three occasions he called 911 and the city's Rand Morgan engine company was dispatched to his home for a fire and two medical emergencies. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 22) was regarding a recommendation to increase efficiency and reduce costs in the collection of solid waste and recyclables in Corpus Christi. Assistant City Manager Ron Massey introduced Mr. Harvey Gershman, President of Gershman, Brickner & Bratton Inc. (GBB), who in turn introduced Mr. Joe Mahaffey, Senior Associate at GBB. Mr. Gershman said GBB is an independent solid waste management consultant that specializes in planning and implementing solid waste and recycling projects. He said GBB has been asked by the city to look at its functionality and operations, as well as to assist the city in a full -cost accounting review. Utilizing a computer presentation, Mr. Gershman said 240 people are employed in the city's Solid Waste Services (SWS) Department, which has a budget of $16.5 million. He said the refuse operation consists of curbside collection at 72,300 homes and 1,230 commercial businesses twice per week, for a total annual amount of 89,000 tons. With regard to recycling, Mr. Gershman said the city collects at the curbside every other week, for a total of 5,700 tons per year. Mr. Gershman said the Elliott Landfill, which is city -owned and operated, receives waste collected by the city, private haulers and other city departments. It includes brush grinding and household hazardous waste collection operations, and the projected tonnage in FY00-01 is over 467,000 tons per year with a staff of 29 people. Mr. Mahaffey then reviewed SWS projected revenues and costs for FY00-01. Collection revenues are estimated to be $11.7 million and landfill revenues (tipping fees, permit fees, and special project fees) are expected to be $8.8 million, for a total of $20.5 million. Total budgeted costs (both collections and landfill) are expected to be $16.5 million. He noted that the projected net revenue of approximately $4 million does not take into consideration the 101,700 tons of waste disposed by SWS Department at the Elliott Landfill with no revenue credited to the city. Mr. Gershman said the full -cost accounting analysis will provide a more accurate picture of all the specific SWS costs. Mr. Gershman and Mr. Mahaffey responded to Council members' questions. Mr. Mahaffey said a major issue affecting the projected surplus revenue is the new El Centro Landfill operated by Texas Ecologist Inc., which competes with the city's Elliott Landfill. He noted Minutes - Regular Council Meeting November 21, 2000 Page 10 that the city's first quarter revenue is down $414,000 over the same period last year. Mr. Mahaffey also pointed out that in August 1999 the city was cleaning up after Hurricane Bret, which resulted in a large increase in waste material to the landfill. Mr. Mahaffey then discussed the existing waste collection labor structure: 36 routes of three- person crews for five days per week; 132 drivers and laborers employed to ensure 108 daily slots; additional temporary labor equivalent to 14.59 people. He noted that the city has a tight labor market and the wage rates for SWS drivers and laborers is not competitive and involves demanding work. He said the city can expect increased turnover, labor shortfalls, inconsistency of service, and elevated workers compensation claims. Mr. Mahaffey explored recommendations for the city's waste collection operation. He said Corpus Christi --like many cities --is using 1950s technology to pick up its trash. Current technology provides for fully automated collection, which entails one driver per vehicle picking up 96 -gallon containers (furnished by the city) at the curb. He said there are options for picking up trash both once per week and twice per week. He said the fully automated collection method is much safer for the employees and allows them to work longer days at a higher wage (from $8.60 per hour for drivers to $11 per hour). He pointed out that 68% of the trash per household is now picked up on the first service day (Monday or Tuesday) and only 32% is picked up on the second service day (Thursday or Friday). Mr. Mahaffey described Option 1 of the fully automated collection proposal: twice -per -week collection; six-day work weeks for 10 hours per day; each vehicle driver would work four, 10 -hour days; the city would operate 24 routes per day consisting of 32 trucks (including spares). The estimated savings to the city is over $1.4 million per year and the garbage collection labor force would be reduced from 144 to 54 people. Employee turnover, accidents, workers comp claims, and complaints would also be reduced. He said Option 2 consists of: once -per -week collection operated over five days per week; each vehicle driver would work five, 9 -hour days; the city would operate 15 routes per day with 19 trucks (including spares). Option 2 estimates savings of over $3 million per year, with the labor force reduced from 144 to 29. With regard to the recycling collection operations, he said that for seven routes, the city is losing approximately 13,640 hours per year in "non-productive" time due to the need to sort at the curb with compartmentalized, non -compaction trucks and to take more trips to the processing facility. Also, BFI has the ability to sort commingled containers but not commingled papers. He said Option 1 regarding recycling is as follows: convert to once -per -week collection; use two-compartment vehicles with compaction capabilities; switch to a one-person crew on each truck; limit materials collected to allow for a "two -sort" rather than a "three -sort" at the curb; and negotiate with BFI regarding increased recyclable quantities and pricing. Option 2 is as follows: maintain once -every -other -week collection but with a fully automated system and convert to a 65 -gallon split, rolling bin (rather than the current 18 -gallon bin). He said GBB feels that with these recommendations and positive education, the recyclable collections could triple, thereby reducing consumption at the landfill and the collection costs. Minutes - Regular Council Meeting November 21, 2000 Page 11 Mr. Mahaffey also briefly discussed the city's bulk trash/brush pick-up, which they are not recommending changing, with the exception of implementing and enforcing the changes to the SWS ordinance. He said the total annual net savings of both the garbage and recyclables collections is $1.3 million under Option 1 and $2.6 million under Option 2. Mr. Gershman said the city needs to complete the full -cost accounting analysis in order to answer the cost issues as well as position the SWS Department to become an enterprise activity so it can be in compliance with new government accounting standards. Responding to Council members' questions, Mr. Mahaffey said the increased salaries and the purchase cost of the automated equipment was included in the cost assumptions (with a seven- year depreciation and a 7.75% interest rate). Mr. Lawrence Mikolajczyk, Acting Director of SWS, said the process is in motion with the upcoming purchase of the automated trucks and the containers; he said staff will begin implementing the program in late spring 2001. Mr. Garcia said that based on previous Council direction, staff is proceeding with Option 1 (maintaining the current collection schedule but automating the system). He added that staff is proposing to bring back some budget corrections during the December 12th meeting. Mr. Mahaffey noted that collections operations are labor-intensive, while landfill operations are not. In response to additional questions, Mr. Massey and Mr. Mikolajczyk explained that staff had estimated a three-year implementation schedule for the fully automated system. Mr. Massey said since there is a high turnover rate in collections, the reduction in laborers could be accommodated through attrition. Mr. Gershman said if the Council wished, the program could be implemented in one year, which means the savings would be realized much sooner. He added that the "Cash for Trash" program, which resulted in 833 tons of bulk waste being brought to the landfill by citizens during six events, keeps the city's costs down. A discussion ensued about landfill costs and the carts associated with the fully automated system. Mr. Mikolajczyk then discussed graphs illustrating revenue comparisons for the Elliott Landfill, which showed decreases in revenue compared to the first quarter of 1999. As discussed previously, factors involved in those revenue decreases were the results of Hurricane Bret last year and the opening of the competing landfill this year. Mayor Neal asked about the possibility of privatizing the landfill operations. Mr. Mikolajczyk said staff can investigate that possibility after they perform the full -cost accounting analysis. Mr. Garcia said his main concern is not the Cefe Valenzuela Landfill but rather the loss in revenues at the Elliott Landfill. He reiterated that as the city orders new solid waste equipment, they will come back to the Council with recommendations for the fully automated equipment and ways to expand the pilot program. ************* Mayor Neal opened discussion on Item 18, Central Power and Light Company (CPL). There were no comments from the audience. Responding to Council Member Garrett, City Attorney Bray explained that staff is recommending extending the CPL franchise for one year, which maintains the Minutes - Regular Council Meeting November 21, 2000 Page 12 4% of gross receipts amount for the term. He noted that gas prices have gone up and that formula generates more revenue for the city than the kilowatt hour calculation. Mr. Garcia pointed out that Senate Bill 7 (the electric deregulation bill passed by the Texas Legislature in 1999) goes into effect on January 1, 2002. At that point, the city will be mandated to shift to the charge per kilowatt hour, which he explained. City Secretary Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Granting a one-year franchise extension to Central Power and Light Company for provisions of light, heat, and power. The foregoing ordinance passed on first reading by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * The second presentation was regarding expansion plans for the South Texas Institute for the Arts (STIA). Mr. John Dykema, President of the STIA Board of Trustees, showed a schematic design from the Legaretta y Legaretta architecture firm in Mexico City. He said the museum's existing facility is 26,000 square feet and the new facility will be about 22,000 square feet. Mr. Dykema said the new facility will essentially serve as an educational facility to accommodate the needs of the Creative Arts Center and the Center for Hispanic Arts, which were merged with the Art Museum of South Texas. He said there are a variety of issues yet to be resolved and he pointed out the location of the U.S. Army Corps of Engineers property. Responding to Council questions, Mr. Dykema said the STIA is adding a new gallery, coffee shop, and gift shop with a plaza on the entrance to the ship channel, which will free up those elements currently in use in the Art Museum facility. The current vault will be turned into the workshop and preparation shop. Mr. Dykema noted that the Port of Corpus Christi Authority is now a partner in this effort and negotiations are ongoing. Mayor Neal called for a brief recess. * * * * * * * * * * * * * The third presentation (Item 23) was made by the Commission on Children and Youth. Mr. Tony Cisneros, Director of Park and Recreation, introduced Ms. Paige Dinn, past chairperson, and Ms. Paula Rosenstein, current chairperson of the commission. Utilizing a computer presentation, Ms. Rosenstein discussed the commission's philosophy and goals, and reviewed their accomplishments in the past year. She said the group's mission is "to support a comprehensive system of services and advance policies to meet the needs of the city's children, youth and their families." She said the commission consists of representatives from the following areas: health, legal, business, social services, law enforcement, youth services, religion, education, and youth (as well as at -large and advisory members). She said the commission's function is to serve as the Council's "eyes and ears" for children's and youths' matters in the community and Minutes - Regular Council Meeting November 21, 2000 Page 13 to advocate for collaborative efforts on their behalf. Ms. Rosenstein and Ms. Dinn then discussed progress that has been made on the issues outlined in the Community Master Plan, which was adopted by the Council in 1997. The main problems identified in the master plan were child maltreatment, juvenile crime and delinquency, inadequate educational attainment, and lack of information and evaluation. The goals established were: ensure a healthy, safe, and secure environment; establish effective prevention, intervention, and enforcement programs for youth; increase the educational attainment of all children; and establish effective communication and measurable program outcomes. Ms. Dinn said cooperative initiatives have been established with the following organizations: Operation Weed & Seed, 78415 Community Youth Development, Youth Opportunities United, Nueces County Community Plan, America's Promise, Governor's Mentor Initiative, and Success by Six. Ms. Rosenstein said the commission has set the following goals: establish a community -wide, comprehensive child protection system; solidify the process for collaborative, at -risk youth interventions; expand collaborative, stay -in -school initiatives; and fully integrate the use of the comprehensive strategy initiative to base action on community data, valid research, and evaluation - proven outcomes. Ms. Dinn then outlined the grants that have been obtained for these programs, which total approximately $5.7 million. Mayor Neal thanked Ms. Rosenstein and Ms. Dinn and the rest of the commission members for all of their hard work and dedication. * * * * * * * * * * * * * The fourth presentation (Item 24) was made by Mr. Cisneros regarding the 78415 Community Youth Development (CYD) program. In a computer presentation, Mr. Cisneros described the formation of the CYD program beginning in 1995 when the 74th Texas Legislature allocated $10.5 million to the Texas Department of Protective and Regulatory Services (TDPRS) to fund the CYD program. Eleven counties with the highest violent juvenile crime rates were identified and within those counties, the zip code with the highest juvenile probation referral rate was identified as a CYD site. The 78415 zip code was identified as the CYD site within Nueces County. Mr. Cisneros also discussed how the city of Corpus Christi assumed the role of fiscal agent for the CYD program in June 1997. He said CYD funds are provided via a contract between TDPRS and the fiscal agent, which in turn subcontracts with local service providers. He explained that youth ages 17 and younger (and their families) who live or attend school in 78415 are eligible to receive CYD services free of charge. Over 5,600 youth and their family members have received services since the beginning of the program. Mr. Cisneros also discussed the responsibilities of the 78415 CYD Steering Committee, the fiscal agent, the project coordinator, and YACTION (Youth Always Caring to Improve Our Neighborhood). Mr. Cisneros described the CYD request for proposal process. Council Member John Longoria said there was concern about one organization receiving $330,000 and he commented on the need to set a cap on the amount that one organization can receive. Mr. Cisneros said the 78415 CYD Committee just received training on the RFP process and they will consider those concerns. Minutes - Regular Council Meeting November 21, 2000 Page 14 Mr. Longoria said the CYD program should be involved with other youth efforts, such as the Commission on Children and Youth. Mr. Cisneros said that CYD program service providers from 1997-2000 include: CCISD, Communities in Schools, Corpus Christi Public Library, Juvenile Justice Center, Housing Authority of Corpus Christi, Paisano Girl Scout Council, Park and Recreation Department, Volunteer Center of the Coastal Bend, Weed & Seed, Workforce Development Corporation, Youth Odyssey, and YWCA of Corpus Christi. Mayor Neal thanked staff and the committee for their efforts. * * * * * * * * * * * * * Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 16. Case No. 0900-02, Virgil Hinojosa: A change of zoning from an "R -IB" One -family Dwelling District to an "R-2" Multiple Dwelling District on Tract 1 and "B-1" Neighborhood Business District on Tract 2, being 5.44 acres out of a 234.24 -acre tract out of the McKinzie 388.290 -acre tract in Survey 411, located on the south side of Up River Road, approximately 2,250 feet east of McKinzie Road. City Secretary Chapa said the Planning Commission recommended approval of the "R-2" Multiple Dwelling District on Tract 1 and "B-1" Neighborhood Business District on Tract 2. Staff's recommendation was denial of the "B-1" District on Tract 2 and approval of the "R-2" District on Tracts 1 and 2. He noted that the ordinance before the Council was the Planning Commission's recommendation. Mr. Miguel Saldafia, City Planner III, said the applicant proposed to develop the vacant tract of land into two tracts: 4.15 acres as townhouse development and 1.29 acres as a neighborhood business containing approximately 8,400 square feet of floor area. He said the area is currently undeveloped and a road (Deer Run Drive) is being developed on the west side of the subject property. Across Deer Run Drive to the west, the property has been platted for development of an elementary school. He said the Northwest Area Development Plan recommends that the area along the south side of Up River Road develop with low-density residential and with medium -density residential on the north side of Up River Road. He said staff is concerned about traffic problems and land -use compatibility if a business is located close to an elementary school. Responding to Council Member Betty Jean Longoria, Mr. Saldafia said the "B -1A" zoning district prohibits drive-through restaurants, pawn shops, liquor stores, and fueling stations, which the "B-1" district allows. Council Member John Longoria discussed specifics about the business development in vicinity of the school and the roads in that area. Mayor Neal called for comments. Mr. Victor Medina, representing Mr. Virgil Hinojosa, said the traffic generated by the proposed business would be generated at different times than the school traffic. He said the owner does not intend to place any alcohol-related businesses on the property. Responding to Council Minutes - Regular Council Meeting November 21, 2000 Page 15 Member Kinnison, Mr. Medina said a similar situation exists (a business located near an elementary school) at Rodd Field and Williams and also at Wooldridge and Airline. He said `B -1A" zoning would be expensive because of the masonry fences required and other restrictions. He said the applicant is seeking `B-1" zoning. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed (Colmenero absent). Mr. Chapa polled the Council for their votes: 16. ORDINANCE NO. 024287 Amending the Zoning Ordinance upon application by Virgil Hinojosa by changing the zoning map in reference to 5.44 acres out of a 234.24 -acre tract out of the McKinzie 388.290 acre tract in Survey 411, from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Tract 1 and "B-1" Neighborhood Business District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing regarding the Omaha Street improvement project. There were no comments from the audience. Mr. Garrett made a motion to close the public hearing, seconded by Mrs. Longoria, and passed (Colmenero absent). Mr. Escobar said Item 17.b. awards the construction contract, and staff will be coming back in about 15 months to do the final assessment roll. He said some residents were seeking assistance through the CDBG program, which they received. Mr. Chapa polled the Council for their votes as follows: 17.a. ORDINANCE NO. 024288 Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: Omaha Drive Improvements (Omaha Drive - I.H. 37 to Leopard Street); imposing assessments totaling $126,982.07 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 17.b. M2000-427 Motion authorizing the City Manager or his designee to award a construction contract in the Minutes - Regular Council Meeting November 21, 2000 Page 16 amount of $898,763 with Asphalt Paving and Construction Company for the Omaha Street Improvements. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. Mayor Neal opened discussion on Item 21, Corpus Christi's legislative program. Assistant City Manager Tom Utter explained that during the last legislative session in 1999, almost 6,000 bills were introduced and over 1,600 actually passed. He said about 1,230 of the bills were city -related and, of those, more than 130 passed. He noted that a large percentage of cities' efforts are directed at stopping legislation that would negatively affect cities. He commended Corpus Christi's legislative delegation for their support and action. Mr. Utter said the 2001 session will be difficult because much of the focus will be on the redistricting that is conducted every 10 years. Mr. Utter then went through Corpus Christi's proposed legislative program, in which he highlighted specific elements listed as "Priority," "Actively Support" and "Endorse." Under Financial Integrity, Mr. Utter discussed franchise fees, state hotel tax for beach maintenance, and street accessibility improvements. Under Essential Infrastructure, items discussed were water and transportation (including resources, funding for construction and maintenance, and streamlining). Under Community Protection and Development, Mr. Utter briefly described regulation of location of manufactured housing, windstorm insurance, marine archeological repository funding, affordable housing, historic courthouse preservation, and dune protection. Mr. Utter said that under Children and Youth, an important issue is juvenile crime, and under the heading of Education, he said higher education is a priority. Council Member Gonzales suggested that wording be included to support local school districts in their efforts to pass legislation that benefits children. There was consensus of the Council to include that wording. Mr. Utter said that under Public Safety and Health, important issues are the child safety registration fee, fire control and prevention district, and photographic traffic signal enforcement; under Utilities, issues discussed were electric industry deregulation and right-of-way control. Mr. Utter said important issues under Environment include effluent use, air quality, National Estuary Program, regional water planning, and glass and plastic bottles. An important issue under Personnel is city medical providers, and under Economic Development issues include military, spaceport, and e-commerce taxation. With regard to Efficient Administration, issues discussed were design -build, procurement, and sales tax pledge. Mr. Utter then responded to Council members' questions. Following additional discussion on various legislative issues, Dr. Gonzales made a motion to include wording to support local school districts as a priority item, seconded by Mr. Longoria, and passed (Colmenero and B. Longoria absent). Mayor Neal called for comments from the audience. Minutes - Regular Council Meeting November 21, 2000 Page 17 Mr. Carlos Torres, President of the CCFA, discussed formation of the fire prevention district, and he delineated ways that funds from that district can be spent to benefit the city. Council Member Kinnison said some of the other cities that are interested in fire prevention districts have reached their sales tax caps; consequently, this proposal would have to be funded outside of the cap in order for it to be feasible. Mr. Chapa polled the Council as follows: 21. RESOLUTION NO. 024291 Resolution adopting the City of Corpus Christi's Legislative Program for the seventy-seventh session of the Texas Legislature. The foregoing resolution passed, as amended, by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. *********** Mayor Neal called for consideration of the consent agenda (Items 6-15). Council members requested that Items 8, 9 and 13 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: 6.a. ORDINANCE NO. 024282 Ordinance appropriating $9,312 of interest earnings in the No. 3160 Capital Improvements Project Fund for the City Hall Roof Repair and Maintenance Project; amending Ordinance No. 024130 which adopted the FY00-01 Budget, to increase appropriations by $9,312 in the No. 3160 Capital Improvements Project Fund. An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, B. Longoria absent. 6.b. M2000-410 Motion authorizing the City Manager or his designee to execute a construction contract with Southwest Standard Construction Company, Inc., for a total fee not to exceed $17,946 for the City Hall Roof Repair and Maintenance Project. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 7.a. ORDINANCE NO. 024283 Ordinance appropriating $84,650 from ClearSource in the No. 1020 General Fund for the Minutes - Regular Council Meeting November 21, 2000 Page 18 Leopard Street Fiber Optic Conduit Project; amending Ordinance No. 024130 which adopted the FY00-01 Budget, to increase appropriations by $84,650 in the No. 1020 General Fund. An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, B. Longoria absent. 7.b. M2000-411 Motion authorizing the City Manager or his designee to award a construction contract in the amount of $84,650 with V.C. Huff, Inc. for the Leopard Street Fiber Optic Conduit (Staples to Kennedy) project. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 10. M2000-415 Motion authorizing the renaming of the Garden Center to the Garden Senior Center and waiving the 60 -day waiting period and legal notice. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 11.a. M2000-416 Motion authorizing the City Manager or his designee to execute an agreement with the Minority Business Opportunity Committee to provide $25,000 from the FY00-01 Weed and Seed Program to implement a Youth Works Program. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 11.b. M2000-417 Motion authorizing the City Manager or his designee to execute an agreement with Fighting to Rid Gangs in America Foundation to provide $20,000 from the FY00-01 Weed and Seed Program to implement a Leadership Enhancement and Achievement Development Program. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 11.c. M2000-418 Motion authorizing the City Manager or his designee to execute an agreement with the City Minutes - Regular Council Meeting November 21, 2000 Page 19 of Corpus Christi, Code Enforcement and Community Policing Division to provide $20,000 from the FY00-01 Weed and Seed Program to implement an emergency boarding up of vacant buildings with illegal activity. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 11.d. M2000-419 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $20,000 from the FY00-01 Weed and Seed Program to implement a Super Summer Sports Program. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 11.e. M2000-420 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $15,400 from the FY00-01 Weed and Seed Program to implement a Transportation Program for youth recreation. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 11.f. M2000-421 Motion authorizing the City Manager or his designee to execute an agreement with West Oso Elementary School to provide $15,255 from the FY00-01 Weed and Seed Program to implement a Summer Time Fund Center Program, effectively incorporating community programs, recreation, education and social services. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 11.g. M2000-422 Motion authorizing the City Manager or his designee to execute an agreement with South Texas Institute for the Arts to provide $10,000 from the FY00-01 Weed and Seed Program to implement Prevention through the Arts programs The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. Minutes - Regular Council Meeting November 21, 2000 Page 20 11.h. M2000-423 Motion authorizing the City Manager or his designee to execute an agreement with Gulf Coast Council of La Raza, Inc. to provide $25,000 from the FY00-01 Weed and Seed Program to implement an Education Enhancement Program. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 11.i. M2000-424 Motion authorizing the City Manager or his designee to execute an agreement with the Boys and Girls Club of Corpus Christi to provide $20,000 from the FY00-01 Weed and Seed Program to implement a Teen Program with a special emphasis on gang prevention. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 12.a. M2000-425 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $57,909 from the Texas Department of Transportation to implement an Intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department and to execute all related documents. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. I2.b. ORDINANCE NO. 024284 Ordinance appropriating $57,909 from the Texas Department of Transportation in No. 1050 Federal/State Grants Fund for funding to implement an intersection Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department. An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 14.a. M2000-426 Motion authorizing the City Manager or his designee to execute a fifteen -year lease agreement with the Robert Driscoll and Julia Driscoll and Robert Driscoll Jr. Foundation to lease 4.23 acres of land known as Clara Driscoll Field. Minutes - Regular Council Meeting November 21, 2000 Page 21 The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 14.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a fifteen -year lease agreement with Buccaneer Little League to sublease the Clara Driscoll Field from the City and in consideration of Buccaneer Little League maintaining the premises and improvements and operating its baseball program. The foregoing ordinance passed on first reading by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 15. ORDINANCE NO. 024286 Amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions regarding Waterfowl Hunting and providing for penalties. The foregoing ordinance passed on second reading as follows: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, airport terminal construction. Responding to Council Member Gonzales, Mr. Kevin Stowers, Acting Assistant Director of Engineering Services, said the $420,920 amendment consists of three basic areas of work. He said the construction phase services to be performed by Gensler & Associates have expanded because the construction duration has gone from 18 months to 24 months. He said the second part consists of additional design phase services that were requested by the airport, and the final item relates to laboratory and testing services that need to be performed during the construction phase. Council Member John Longoria asked about having two construction managers at the airport. Mr. Stowers said that DMJM is the project manager for the terminal construction as well as a series of additional construction projects (improvements to the parking lot, utilities, terminal apron, etc.). He said the city is hiring the Anderson Group to perform part-time resident inspection services. Mr. Dave Hamrick, Airport Operations Manager, said the next action at the airport will be construction of a temporary roadway in front of the airport. Mr. Garcia added that DMJM's job is to manage the contractors and designers and staff has been satisfied with their work. Mr. Longoria suggested that the Council receive quarterly reports on the airport project. Mayor Neal agreed that every major project should have the same kind of critical path that was used with the dam stabilization project. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting November 21, 2000 Page 22 8.a. M2000-412 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the architectural contract for construction phase, testing and other services in the amount of $420,940 with M. Arthur Gensler Jr. and Associates for the Corpus Christi International Airport Terminal project. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. 8.b. M2000-413 Motion authorizing the City Manager or his designee to execute a contract for project liaison and inspection services in the amount of $196,400 with Anderson Group Construction Management for the Corpus Christi International Airport Terminal project. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, airport vehicle by-pass. Responding to Dr. Gonzales, Mr. Hamrick said the bid specifications called for the successful contractor to provide the city with a traffic control plan but staff did not factor in any cost for that. He said Fulton Construction/Coastcon provided a plan but it was unacceptable, so they developed this alternate plan. City Secretary Chapa polled the Council for their votes as follows: 9. M2000-414 Motion authorizing the City Manager or his designee to execute Change Order No. 1 with Fulton Construction/Coastcon, A Joint Venture, in the amount of $56,026.58 to construct a vehicle by-pass through the short-term parking lot in association with the Corpus Christi International Airport Terminal Construction project. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, delinquency prevention grant. In reply to Council Member Kinnison, Mr. Dan Whitworth, Assistant Director of P&R Operations, said this is a three- year grant and if alternative funding is not available at the end of the term, the program will cease. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting November 21, 2000 Page 23 13. RESOLUTION NO. 024285 Resolution authorizing the City Manager or his designee to apply to the Criminal Justice Division of the Governor's Office for a three-year $750,000 Title V Delinquency/Prevention Grant to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at -risk youth. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. ************ * Mayor Neal opened discussion on Item 19, concession services. Responding to Council Member John Longoria, Mr. Hal Peterson, Director of Convention Facilities, said the contract is for both the convention center and Memorial Coliseum. He said the city's contract with the IceRays states that they pay the city a flat fee for the concession rights during the period they are in the coliseum. Mr. Garcia stated that that contract is very lucrative for the IceRays while it is also a "hold harmless" agreement for the city. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 024289 Ordinance authorizing the City Manager to execute a lease agreement with Noble Food Service, Inc. to provide concessions services at the Bayfront Plaza Convention Center and Memorial Coliseum for the period beginning at 3:01 a.m. on January 1, 2001, to January 1, 2002; (at the Bayfront Plaza Convention Center, Noble Food Services shall pay the City 31 percent of gross receipt on all mixed drinks and wine sales and 41 percent of gross receipts on all beer and all nonalcoholic beverages and food sales; at Memorial Coliseum, Noble Food Service shall pay the City 49 percent of gross receipts on all beer sales and 42 percent of gross receipts on all nonalcoholic beverages and food sales; Noble Food Service shall also pay the City 80 percent of gross receipts collected from subcontractors for the sale of novelties in the facilities [t -shirts, caps, pictures souvenirs, etc.] and 5 percent of gross receipts when Noble Food Services acts as a retailers selling novelty items). An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, fuel station lease. City Attorney Bray explained that on October 31, 2000 the Council approved an assignment of two leases for a restaurant and fuel station from the Lighthouse Restaurant to Landry's Crab Shack Inc. He said although Landry's is only interested in the restaurant lease, both leases have a cross -default clause. Mr. Bray said Landry's is asking that the section of the restaurant lease which has the cross -default provision be excised Minutes - Regular Council Meeting November 21, 2000 Page 24 from the lease. Landry's is also asking that the fuel station lease be either amended or terminated in such a way that the fuel station is moved to another location. Mr. Bray said staff developed an alternate ordinance to address those issues. He said the proposal is to terminate the fuel station lease outright by mutual agreement with the Marina Fuel Corporation (their representative has been present at the negotiations). Mr. Peter Davidson, Marina Superintendent, described a possible location for the fuel station. Council Member Kinnison made a motion to adopt the substitute ordinance as discussed by Mr. Bray, seconded by Council Member Garrett, and passed (Colmenero and B. Longoria absent). There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 20. ORDINANCE NO. 024290 Authorizing the City Manager or his designee to execute the "Fuel Station Lease Termination and Relocation Agreement for the Marina Fuel and Charter Boat Company, L.C., Fuel Station on the Lawrence Street T -Head." An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said the Council received the quarterly update on financial and departmental performance in the City Manager's transmittal dated November 17, 2000. He said staff anticipates that the Comprehensive Annual Financial Report will be distributed to the Council on November 28, 2000. He added that a hearing on the rural fire district issue is scheduled for December 5, 2000, at 6:30 p.m. at the Northwest Senior Center. In his report, Mayor Neal said the chairperson of the Dallas 2012 Olympic Committee asked that Corpus Christi provide all the yachting service in Dallas' bid for those Olympic games. The Mayor asked Deputy City Manager Noe, Mr. Cisneros, and Mr. Davidson to meet with him. He then called for Council concerns and reports. Mr. Longoria asked about specific language in the request for proposals for the collection of delinquent Municipal Court fines. Mr. Garcia said staff will look into it. Mr. Longoria also asked about Jazz Festival funding. Mr. Whitworth said the Jan Festival receives $7,500 as a line item budget allocation each year. He said they have a contract just as all the line item arts agencies have which requires recognition of the city as a sponsor in advertising and promotional materials. Mr. Kinnison complimented staff on the quarterly financial report. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:15 p.m. on November 21, 2000.