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HomeMy WebLinkAboutMinutes City Council - 01/23/2001I 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 January 23, 2001, which were approved by the City Council on January 30, 2001. WITNESSETH MY HAND AND SEAL, this 30th day of January, 2001. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 23, 2001 12:07 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Betty Jean Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. Gary Lowe, Arlington Heights Church of Christ, following which the Pledge of Allegiance to the United States flag was led by Council Member Cooper. 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 joint and regular Council meetings of January 16, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal announced the executive session (Item 2), pursuant to Texas Government Code Section 551.074 regarding evaluations of the City Manager and City Secretary with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Byron Wooldridge, 6705 Deerwood, said that an issue of Energy Users News ranked electric utility prices for commercial customers for 170 utilities in the United States. He said that Central Power and Light (CPL) was ranked 45th (from the highest to the lowest) at 8.74 cents per kilowatt hour, while San Antonio's electric utility was ranked 91st at 7.33 cents per kilowatt hour, Houston Lighting and Power charges 6.5 cents per kilowatt hour, and Texas Utilities (Dallas area) charges 6.1 cents per kilowatt hour. Mr. Wooldridge said CPL's rates have an impact on Corpus Christi's economic development efforts. Minutes - Regular Council Meeting January 23, 2001 Page 2 Mr. Jack Gordy, 310 Norton, read a paragraph from a letter signed by Assistant City Manager Tom Utter regarding the loss of federal dollars unless illegal signs are removed. Mr. Gordy said that during a town hall meeting on January 8, 2001, City Manager Garcia stated that violators of the Highway Beautification Act and state laws regarding signs are prosecuted in Corpus Christi. Mr. Gordy said the next day he requested copies of the citations that were filed against those violators and he said as of yesterday the city's Legal Department has not found any copies of such citations. Mr. J.E. O'Brien, 4130 Pompano, said he believes trust in government and politicians --at all levels --is at a very low ebb. He referred to an article in the San Antonio Express -News regarding their Police Chief's policy of discharging anyone caught lying. Mr. O'Brien suggested that the Corpus Christi City Council consider adopting a similar policy for city staff members. He also suggested that the Council lower utility rates, and he questioned whether there have been reports about power shortages at the airport. Mayor Neal replied that he has not heard of any reports. Mr. Phil Rosenstein announced that the Senior Pageant will be held January 28th at the Bayfront Plaza Convention Center and he invited the public to attend. Mr. R.F. Masker, 1813 Wallace, said Packery Channel will end in Lake Padre, which serves no one except the developers and retailers of Lake Padre. Mayor Neal said the Packery Channel project, if constructed, will extend all the way to the Intracoastal Canal. Mr. Abel Alonzo, 1701 Thames, said he does not believe that the Council and city staff would intentionally mislead the community. He said that despite the negative comments made by some people at each Council meeting, the city is moving forward, as evidenced by the bond projects approved by a majority of voters. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-10). Council members requested that Item 7 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2001-020 Motion approving a supply agreement for approximately 40,800 lbs. of quick acting hydraulic cement with Contractors Building Supply, Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0076-01, based on low bid, for an estimated annual expenditure of $18,564. The term of the contract will be twelve months with option to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the using departments in FY 00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting January 23, 2001 Page 3 4. M2001-021 Motion approving a supply agreement with All Safety & Supply, Inc., Corpus Christi, Texas for approximately 6,525 disposable protective coveralls in accordance with Bid Invitation No. BI -0043-01 based on low bid for an estimated annual expenditure of $15,296.99. The term of the contract 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. These items are purchased into Warehouse Inventory and charged out to the using departments. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M2001-022 Motion approving a supply agreement for approximately 118,000 lbs. of drop -on type glass spheres, in accordance with Bid Invitation No. BI -0082-01 from Swarco Reflex, Inc., Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $23,128. This item will be used by Street Services. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the vendor and the City Manager or his designee. Funds have been budgeted by the using department in FY00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." M2001-023 Motion approving purchase of one extended cab truck from the Houston -Galveston Area Council of Governments (HGAC), for the total amount of $20,094.45. The award is based on the cooperative purchasing agreement with HGAC. This vehicle will be used by the Solid Waste Department. Funds are available in the Council of Governments Grant FY00-01. This truck will be an addition to the fleet. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. M2001-025 Motion approving the purchase of one hydraulic track excavator from H&V Equipment Service, Inc., Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0072-01, based on low bid, for a total of $89,733. The excavator will be used by the Gas Department. This item is a replacement. Funds are available through the FY00-01 Capital Outlay Fund. Minutes - Regular Council Meeting January 23, 2001 Page 4 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. ORDINANCE NO. 024342 Ordinance appropriating $5,698.16 from the Unreserved Fund Balance in the No. 6010 Trust Fund to purchase library materials for the Greenwood, Parkdale and Janet F. Harte Libraries; amending the FY00-01 Budget, adopted by Ordinance No. 024130, to increase appropriations by $5,698.16 in the No. 6010 Trust Fund -Library. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. ORDINANCE NO, 024343 Ordinance closing and abandoning a 3,260 -square foot, 5 -foot wide utility easement out of the platted Magee Tract Annex Lot -E, and a contiguous 4,614 square -foot, 5 -foot wide utility easement out of an unplatted 9.5086 acre tract conveyed to Larry H. Frederick, Trustee of Five Point Trust, land situated in the Gregorio Farias Portion of the Berranco Blanco Grant, requiring the owner, Home Depot, USA, to comply with the specified conditions and replat and plat the properties within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 7, purchase of police vehicles. Responding to Council Member Garrett, Mr. Garcia said the two Ford Expeditions, which will be marked vehicles, will be used to patrol the Flour Bluff and Padre Island areas, including the off-road and beach terrain. City Secretary Chapa polled the Council for their votes as follows: 7. M2001-024 Motion approving the purchase of ten (10) mid-size sedans and two (2) Ford Expeditions from the Houston -Galveston Area Council of Governments (HGAC), for the total amount of $202,035.08. The award is based on the cooperative purchasing agreement with HGAC. These vehicles will be used by the Police Department. Funds are available in the FY 00-01 Capital Outlay Budget and the Law Enforcement Block Grant. These items are replacements to the fleet. Ford Expedition Ford Taurus Grand 2 Units 10 Units Total: $202,035.08 $56,041.46 $145,993.62 Minutes - Regular Council Meeting January 23, 2001 Page 5 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 11 regarding the proposed name change of Belden Street to Concrete Street. City Secretary Chapa stated that the public hearing was originally opened during the Council meeting on January 9, 2001. However, the applicant asked that the public hearing be postponed for two weeks and the Council agreed. The applicant has met with several interested parties and an agreement was reached to only change the name of Belden Street to Concrete Street between North Tancahua Street and the west end of Belden Street. Mr. Chapa said the item on the day's agenda was the first reading of that agreement. Mr. Angel Escobar, Director of Engineering Services, referred to a map of Belden Street and the area of the proposed street name change. He said there are three property owners in that section: Advanced Adult Day Care, 711 Belden; Residence, 716 Belden; and Fugro South Inc./Gulf Coast Testing Laboratory, 1205 North Tancahua. He said originally the Nueces County Historical Society objected to the proposed renaming of all of Belden Street, but they have since agreed to the proposed renaming of just that one block. Mr. Escobar also explained how staff plans to report the name change to residences, businesses and affected entities. He said staff anticipates the cost to be $125 for one sign on the corner of Belden and Tancahua. Mayor Neal called for comments from the audience, and there were none. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Colmenero said this was a good example of different groups being able to reach a compromise while also furthering the development opportunities for that section of town. Mr. Chapa polled the Council for their votes as follows: 11.b. FIRST READING ORDINANCE Ordinance changing the name of Belden Street to Concrete Street between North Tancahua Street and the west end of Belden Street. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 12, and a motion was made, seconded, and passed to open the public hearing on possible changes to fees and charges relating to the Sanitary Sewer Trunk Line Trust Fund and the Sanitary Sewer Collection Line Trust Fund. Mr. Kevin Stowers, Acting Assistant Director of Engineering Services, explained that the city has two sanitary sewer (wastewater) trust funds --one for sewer lines smaller than 15 inches in Minutes - Regular Council Meeting January 23, 2001 Page 6 diameter (Collection Line Trust Fund) and the other for sewer lines larger than 15 inches (Trunk Line Trust Fund). He said an imbalance exists between the funds and staff is proposing to transfer $400,000 from the Trunk Line Trust Fund to the Collection Line Trust Fund. He said staff is also requesting that the Planning Commission examine the fund imbalance and consider consolidating the two funds into one fund or revise the rate ordinance. Mayor Neal said it would seem to make sense to combine the two funds. There were no comments from the audience. Dr. Gonzales made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes: 12.b. RESOLUTION NO. 024344 Resolution approving the transfer of $400,000 from the Sanitary Sewer Trunk Line Trust Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with Section V.B.6(h) of the Platting Ordinance to establish sufficient funds in the Collection Line Trust Fund to carry out the purpose of the Platting Ordinance. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, seawall and arena projects. Deputy City Manager Noe noted that at the last meeting, the Council took action to establish interim financing for the property tax -backed portion of the bond issue that was approved on November 7, 2000. The two items on the day's agenda (Items 13.a. and 13.b.), if approved, would establish interim financing for the two 1/8th cent sales tax projects (seawall and arena). He reminded the Council that the City Charter requires that the funding source for those projects be identified before any contracts can be awarded. He said the source identified for the seawall project is the unencumbered balance of the Combined Utility Systems Fund, and for the arena it is the unencumbered balance of the Hotel Occupancy Tax Fund. Mr. Noe went on to say that staff does not anticipate either of those two funds actually experiencing expenditures because before that occurs, staff will substitute an agreement between the city and the 4A Corporation to utilize the sales tax proceeds received during this fiscal year (estimated to be $900,000). He said next week staff will bring back the proposed agreements for the design of those projects. Mayor Neal called for public comment. Mr. Jack Gordy said they hope to have a court date soon for a case involving the issue of a transfer of funds. He questioned what interest rate will be repaid on this loan. Mr. Noe replied that staff does not anticipate the monies being utilized, but in the past staff has used whatever amount was earned in interest (approximately 5.8%). Mr. J.E. O'Brien questioned what the $900,000 will be used for, such as specific utility Minutes - Regular Council Meeting January 23, 2001 Page 7 projects in connection with the seawall repair. He said if not, despite the wording that this transaction is an advance, it appears that this is another possible violation of the City Charter. City Attorney Bray replied that this is a proper utility expenditure because it is for a stormwater project, which is part of the city's Combined Utility Systems Fund. Responding to Council Member Gonzales, Mr. Noe said these funds are being obligated so that when the contract is issued, there is an identified source of monies as required by the Charter. Council Member Colmenero asked about the status of the court case. Mr. Bray replied that the case was postponed and he is not sure if a trial date has been set. Council Member Scott complimented staff on quickly moving these projects forward as urged by the public. City Secretary Chapa polled the Council for their votes as follows: 13.a. ORDINANCE NO. 024345 Ordinance appropriating $900,000 from the Unreserved Fund Balance of the Combined Utility Systems Fund; amending Ordinance No. 024130 which adopted the FY00-01 Budget by adding $900,000 to the Combined Utility Systems Fund; advancing $900,000 to and appropriating in the No. 3270 Seawall Capital Improvement Program Fund to begin the seawall improvement project approved in the Special Election on November 7, 2000; amending Ordinance No. 024162 which adopted the FY00-01 Capital Budget by adding $900,000 to the No. 3270 Seawall Capital Improvement Program Fund. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.b. ORDINANCE NO. 024346 Ordinance appropriating $900,000 from the Unreserved Fund Balance of the Hotel Occupancy Tax Fund, amending Ordinance No. 024130 which adopted the FY00-01 Budget by adding $900,000 to the Hotel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility Capital Improvement Program Fund to begin the multi-purpose arena facility project approved in the Special Election on November 7, 2000; amending Ordinance No. 024162 which adopted the FY00-01 Capital Budget by adding $900,000 to the No. 3275 Arena Facility Capital Improvements Program Fund. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for Council concerns and reports. Dr. Gonzales said he had received emails about a trip to Singapore and he asked what that entailed. City Manager Garcia said a prospect came in through the Economic Development Minutes - Regular Council Meeting January 23, 2001 Page 8 Corporation (EDC) of a company that is interested in building substantial facilities at the airport. He said a delegation is planning to go to Singapore to discuss that prospect. Dr. Gonzales asked if tax dollars are being used for that trip. Mr. Garcia said the public officials involved are being paid for through private contributions. A member of the city staff who has been asked to accompany the delegation will have his expenses paid for by the city. Mr. Garcia said the delegation includes Congressman Solomon Ortiz and members of his staff, Nueces County Judge Richard Borchard, members of the EDC, and a representative from the City Council. Dr. Gonzales asked how the Council member was selected for the trip. Mr. Garcia said the invitation went to Mayor Neal. Dr. Gonzales said he was concerned because he had not heard about the trip to Singapore and it involves the Council and economic development. Mayor Neal told Dr. Gonzales that it was no different from when the Port of Corpus Christi asks him to go on a trip and they do not ask the rest of the Council to go. Dr. Gonzales said he volunteered to go with the Port members. Mr. Garcia noted that he is not going to Singapore but is sending a member of his staff. Mr. Scott said he was asked to go to Singapore but he would be willing to acquiesce his place if another Council member wanted to go instead. Dr. Gonzales said the Mayor Pro Tem or the At - Large members should be given the opportunity to go on the trip. Mr. Colmenero said concems have been raised about solid waste services not being provided to certain side streets in the city. He added that there have been several accidents at the intersection of Naples and Norton streets. Mr. Longoria referred to the proposed signs to advertise the upcoming bond projects, and he suggested that the theme from the election be continued in the signs, such as "Going Forward Corpus Christi" or "A Project of Forward Corpus Christi." Mrs. Longoria suggested that all Council members be informed about upcoming trips, and those whose schedules permit should be allowed to go. Mr. Scott reiterated that he did not have to go to Singapore if the other Council members objected. Dr. Gonzales said it is important for the Council to work together and he wants to be informed before a trip takes place. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:35 p.m. on January 23, 2001. * * * * * * * * * * * * *