Loading...
HomeMy WebLinkAboutMinutes City Council - 02/20/2001I 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 February 20, 2001, which were approved by the City Council on February 27, 2001. WITNESSETH MY HAND AND SEAL, this 27th day of February, 2001. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 20, 2001 2:00 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 Assistant City Attorney Jay Reining Assistant City Secretary Mary Juarez 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. Luis Torres, Iglesia de Cristo, following which the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 13, 2001. A motion was made and passed to approve the minutes as presented. City Manager Garcia announced that the board and committee appointment (Item 2) would not be made and he said staff was withdrawing Item 20, the compensation study. Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 310 Norton, said that after he complained about illegal signs off Crosstown Expressway, the city removed them but left the realtors' signs in the state right-of-way. He said there are also many signs remaining on bus benches that are illegal, even though it has been over three months since the city notified the Regional Transportation Authority about the issue. Mr. Abel Alonzo, 1701 Thames, thanked Ms. Crystal Lyons and the members of the Mayor's Committee for People with Disabilities for helping to make the permanent Committee for Persons with Disabilities a reality. Speaking on behalf of the disabled community, Mr. Alonzo said he was glad the appointments to the new committee were tabled. He said that committee needs to include adults with disabilities, people who have children with disabilities, and business people. Minutes - Regular Council Meeting February 20, 2001 Page 2 Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 3) was made by Mr. Bill Hennings, Chairman of the Air Quality Committee of the City of Corpus Christi. He emphasized that Corpus Christi has clean air and the Air Quality Committee's focus is to help ensure that it remains that way. With regard to ambient air quality, Mr. Hennings said there are national standards for carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. He noted that while ozone in the stratosphere is necessary to protect human life from harmful radiation, high levels of ozone on the earth's surface can be hazardous. Mr. Hennings said Texas cities with over I million population that have been designated as non -attainment (having polluted air) are the Dallas metroplex, El Paso, Houston -Galveston - Beaumont, and Greg County. Later this year San Antonio and Austin will be designated as non - attainment areas for ozone. He also discussed Corpus Christi's average readings at its two air quality monitoring stations. He said the standard is 85 and the three-year averages were 83 on one monitor and 82 on the other. Mr. Hennings said since Corpus Christi is close to the standard, people have to continue to work on maintaining clean air. Mr. Hennings discussed the sources of Corpus Christi's air pollution. According to a backward trajectory analysis of a particular high -ozone episode last year, air pollution was transported from the northeast to the southwest --from Houston to Corpus Christi. Sources of nitrogen oxide and volatile organic compounds include industrial emissions and on -road and off-road mobile emissions (cars, engines, construction equipment, etc.). He noted that Corpus Christi entered into a flexible attainment agreement in 1996 and industries, business leaders, and citizens have worked to limit the amount of air pollution so as not to be designated as non -attainment. Mr. Hennings also discussed ongoing initiatives of the Air Quality Committee and he responded to Council members. * * * * * * * * * * * * * The second presentation was made by Mr. Ron Kitchens, President of the Corpus Christi Regional Economic Development Corporation. He stated that last month the EDC Board elected the following officers: Joe Adame, Board Chairman; Jacob Munoz, Vice -Chairman; Jim Burnett, Secretary; and Bernie Paulson, Treasurer. He said the December 2000 issue of Money magazine named Corpus Christi as the No. 2 small metro area in the nation in terms of showing the most improvement in its business climate. Mr. Kitchens referred to the EDC's semi-annual report (August 1, 2000 -January 31, 2001), which stated that 1,148 new industry jobs were announced in the community, of which 58% were created by the expansion of existing industries. He also stated that as of February 1, 2001 103 companies have considered Corpus Christi and 30 are still active prospects and 30 are suspects. He said Ms. Kate McEnroe, one of the premiere site selection consultants in the country, will be addressing civic and community leaders on March 1st. He said the EDC will now be delivering quarterly financial reports, and he announced that the EDC's private sector fundraising efforts will be kicked off in March. He then responded to Council members' questions. Mr. Adame thanked Mr. Kitchens for his efforts and he commended the staff that he has assembled. Mayor Neal called for a brief recess. Minutes - Regular Council Meeting February 20, 2001 Page 3 Upon reconvening, City Secretary Chapa announced that his office had completed the verification process for the petition that had been submitted which called for a referendum to repeal Ordinance No. 024270. He said the requisite number of signatures to place the item on the April 7th ballot was 7,386 and there were 7,330 eligible voters on the petition, a difference of 56 signatures. Mr. Chapa said he has notified the petitioners that they have an additional 10 days to supplement the petition. He said Item 17 on the agenda will not be discussed at the day's meeting; rather, an agenda has been posted calling for a special Council meeting on February 21st at 7 p.m. In reply to Mr. Bill Kopecky, one of the petitioners, Mr. Chapa and Mr. Bray stated that the petitioners would be able to submit one set of supplemental signatures to their original petition. Mayor Neal thanked the City Secretary's Office for their hard work in completing the verification process, and Mr. Chapa thanked his staff, including Assistant City Secretary Juarez, Mr. Willie Pulido of the Planning Department, the MIS Department, the City Manager's Office, and Mr. Bray. Mr. Bray then responded to Council members' questions. He said the City Charter states that if a petition is filed after the deadline for a regular city election, the petitioners would have to wait until the next regular City Council election in two years. Mr. Bray said February 21, 2001 is the deadline to get the item on the ballot. If the referendum is not on the April 7th ballot, the ordinance establishing the tax increment financing district on Padre Island (Ordinance No. 024270) would not be suspended and would be in full force and effect. He said he does not believe the Council has the authority to put the issue on the ballot because having the correct number of signatures is a jurisdictional prerequisite to calling the special election. However, he said staff is looking at an ordinance whereby the Council calls the election subject to verification of the signatures. * * * * * * * * * * * * * The third presentation was the quarterly update on the airport terminal reconstruction and other related projects. Mr. Dave Hamrick, Acting Aviation Director, said the Airport Board Chairman, Jerry Kane, could not be present but other Airport Board members in attendance were Nelda Martinez, Chuck Cazalas, Abel Alonzo, Rocco Montesano, and Mark Meyers. Using a computer presentation, Mr. Hamrick noted that the Federal Aviation Administration's (FAA) new air traffic control tower and approach control center is estimated to be completed in August 2001. He gave a brief history of the existing airport terminal, which was built in 1958-59, followed in 1986 by the expansion of the ticket lobby and the construction of the upper west concourse. In 1990, planning began to find ways to modernize the terminal. During an inspection of the main terminal ceiling a few years ago, structural deficiencies were discovered. As a result, precautionary shoring was installed, a structural analysis was completed, and quarterly inspections were instituted. Also, a stop work order was issued on the terminal reconstruction project and the existing contract was amended. In 1998, a benefit -to -cost analysis was conducted and the consultants recommended rebuilding the terminal. Consequently, project management, architectural and engineering teams were selected. Mr. Hamrick said the total project is estimated to cost $36 million and the total finance Minutes - Regular Council Meeting February 20, 2001 Page 4 package consists of PFC-backed revenue bonds issued last year, FAA entitlement and discretionary grants, reserves and airport revenue. He said initial estimates of the project exceeded the allotted budget, so non-essential features were eliminated or modified; however, essential equipment and operational features were not impacted. In response to Council members' questions, Mr. Hamrick described some of the elements that were eliminated, including additional escalators. He said they are on a list of items for future Council consideration. Mr. Doug Ellis, Project Manager with DMJM Aviation, listed the firms that constitute the airport's design team. He described the construction of the temporary terminal facilities as well as the initiation of the terminal construction itself beginning last October, with completion expected in November 2002 at a cost of $17 million. Other projects include passenger loading bridges and apron lighting ($1.75 million); terminal apron improvements, Phase I ($1 million) and Phase II ($1.8 million); lift station and sanitary sewer relocation ($600,000); and roadway and parking lot improvements ($6 million). Mr. Richard Maxwell, of Gensler, discussed the phases of the terminal construction project and he showed photographs of progress that has been made to date. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 6-18). No items were withheld for discussion. City Secretary Chapa polled the Council for their votes: 6. M2001-077 Motion approving the purchase of computer workstations, servers, and printers from Gateway Inc., North Sioux City, South Dakota in accordance with the State of Texas Cooperative Purchasing Program for a total of $125,833. The computers will be used by the Corpus Christi Public Libraries. Funds provided by a grant from the Bill and Melinda Gates Foundation and are available through the Library Capital Improvement Program Fund. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7. M2001-078 Motion approving the purchase of one utility vehicle from the Houston -Galveston Area Council of Governments (HGAC), for the total amount of $20,008.75. The award is based on the Cooperative Purchasing Agreement with HGAC. This vehicle will be used by the Aviation Department. Funds are available in the FY00-01 Capital Outlay Budget. This item is a replacement to the fleet. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting February 20, 2001 Page 5 8. RESOLUTION NO. 024370 Resolution authorizing the Procurement and General Services Manager and/or his designee to participate in an Interlocal Govemmental Cooperative Purchasing Program with the Texas Local Government Statewide Purchasing Cooperative in purchasing items for the City. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye." 9. M2001-079 Motion approving a supply agreement with the following companies for approximately 6,268 pipe repair clamps ranging in size from 2" to 30" in accordance with Bid Invitation No. BI - 0052 -01 based on low bid and low bid meeting specifications for an estimated annual expenditure of $179,334.78. 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 contractor and the City Manager or his designee. These items are purchased into Warehouse Inventory and charged out to the Water and Wastewater Departments. Powerseal Pipeline Products US Filter Distribution Group Hughes Supply Wichita Falls. Texas Corpus Christi. Texas San Antonio. Texas Group 1 Group 2 Group 3 $123,676.83 $7,719.53 $47,938.42 Grand Total: $179,334.78 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. M2001-080 Motion authorizing the City Manager or his designee to execute Amendment No.2 with Gilbane Building Company in the amount of $281,000 for design phase project management services for the Multipurpose Arena Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye." 11. M2001-081 Motion authorizing the City Manager or his designee to execute Amendment No. 2 with Chuck Anastos Associates, Inc. for an additional fee not to exceed $8,920 for a total restated fee of $23,870 for Youth Sports Complex Restrooms/Concession Improvements. 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 February 20, 2001 Page 6 12.a. ORDINANCE NO. 024371 Ordinance appropriating $12,681.59 from the Distribution Mains Trust Fund No. 4030- 209020 to pay developer reimbursement request for the installation of 636 linear feet of a 6 - inch PVC water distribution main to develop La Cantera Estates Unit 1. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.b. M2001-082 Motion approving the reimbursement application submitted by Mission Lake Estates, Inc., owner and developer of La Cantera Estates Unit 1, for the installation of 636 linear feet of a 6 -inch PVC water distribution main. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13.a. ORDINANCE NO. 024372 Ordinance appropriating $50,757.65 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Shell Development Joint Venture's reimbursement request for the installation of 2,125 linear feet of an off-site 12 -inch PVC sanitary sewer collection line to develop Barclay Grove Unit 6 Subdivision. 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. M2001-083 Motion approving the reimbursement application of $50,757.65 submitted by Shell Development Joint Venture, developer of Barclay Grove Unit 6 Subdivision, for the installation of 2,125 linear feet of an off-site 12 -inch PVC sanitary sewer collection line. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.a. M2001-084 Motion authorizing the City Manager or his designee to accept a grant in the amount of $104,411 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. Minutes - Regular Council Meeting February 20, 2001 Page 7 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.b. ORDINANCE NO. 024373 Ordinance appropriating $104,411 in the No. 1050 Federal/State Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.a. RESOLUTION NO. 024374 Resolution amending Resolution No. 024314 authorizing the submission of a grant application for Victims of Crime Act (VOCA) to the State of Texas, Criminal Justice Division to increase the City cash match to $13,695 and the total grant application to $68,476. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.b. RESOLUTION NO. 024375 Resolution amending Resolution No. 024315 authorizing the submission of a grant application for Violence Against Women Act (VAWA) to the State of Texas, Criminal Justice Division to increase the City cash match to $18,309 and the total grant application to $73,235. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16. ORDINANCE NO. 024376 Ordinance governing city elections in 2001, including appointment and compensation of election officials, voting systems, ballot boxes and central counting station. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 17. WITHDRAWN Minutes - Regular Council Meeting February 20, 2001 Page 8 18. ORDINANCE NO. 024377 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Article VIII. Schedules, Section 53-257 (Parking Meter Zones Established) by adding a new subsection (L) for parking meter zone 12 on both sides of Water Street (between Belden Street and Power Street) and on the southside of Belden Street (between Chaparral Street and Water Street) with a parking meter rate of $.25 per hour. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************ Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 19. Case No 0101-02, Shaw's Development Joint Venture: A change of zoning from an "R -1B" One -family Dwelling District to an "R -1C" One -family Dwelling District on 57.295 acres out of Lots 1, 2, 3, 6, 7, 8, 9, 10, and 11 of the Artemus Roberts Subdivision, located on the west side of Rand Morgan Road, approximately 1,400 feet south of Leopard Street. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R -1C" One -family Dwelling District. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024378 Amending the Zoning Ordinance upon application by Shaw's Development Joint Venture by changing the zoning map in reference to 57.294 acres out of Lots 1, 2, 3, 6, 7, 8, 9, 10 and 11 of the Artemus Roberts Subdivision, from "R -1B" One -family Dwelling District to "R- 1 C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting February 20, 2001 Page 9 20. WITHDRAWN * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, street sweeping services. Ms. Valerie Gray, Stormwater Superintendent, said that at the Council's request, staff developed specifications and issued bid invitations for an enhanced level of street sweeping to include quarterly street sweeping of residential areas. She said bids were received from two companies (Coastal Sweeping Service and Bentex Sweeping Inc.). The base bid included sweeping all of the areas previously swept, and Coastal submitted the lowest bid meeting specifications: $149,511 for one year and $299,022 for two years (this is a two-year contract). Ms. Gray said the bid also included two additive alternates. The first was for quarterly residential street sweeping. She explained that Bentex had the lowest bid for the base bid plus the first additive alternate at a cost of $509,128 for one year and $932,859 for two years. The second additive alternate included the cost of the contractor notifying neighbors via door hangers 48 hours prior to a residential area being swept. She said that for the base bid plus additive alternates one and two, Bentex had the lowest bid ($592,286 for one year and $1,099,174 for two years). Ms. Gray then outlined the following five options: award the base bid and reject the bids for residential street sweeping; award the base bid and additive alternate one and request an appropriation of $209,128; award the base bid and both additive alternates and request an appropriation of $292,285; reject all the bids and rebid the contract based on a change to the frequency of residential street sweeping; award the base bid and rebid the residential street sweeping. She noted that this year's budget for street sweeping services is $300,000. Responding to Council members, Mr. Garcia said staff is not recommending residential street sweeping because the cost exceeds the amount in the budget. Ms. Gray said door-to-door notification is not necessary for the regular street sweeping because it occurs mostly along arterials where parking is not allowed. She said staff had estimated that the $300,000 would include the regular sweeping contract as well as residential sweeping, but the base bid and additive alternate came in over the original estimate. Mr. Garcia said residential street sweeping is beneficial in breaking up dirt and vegetation in streets, which is a primary factor in the deterioration of curbs and pavement. Minutes - Regular Council Meeting February 20, 2001 Page 10 Ms. Gray added that street sweeping is a "best management practice" for stormwater quality, i.e., material left in gutters is carried into the city's stormwater system and ultimately dumped into the bays and estuaries. Following a brief discussion, Council Member Kinnison made a motion to accept Option 1 to award the base bid and reject the bids for residential street sweeping, seconded by Council Member John Longoria. There were no comments from the audience. Ms. Gray said the difference between Option 1 and Option 5 is that Option 5 recommends rebidding the residential street sweeping at a different frequency. Council Member Gonzales said he did not want to totally eliminate the idea of residential street sweeping and he asked if the Council would be willing to substitute Option 5 for Option 1. Mr. Kinnison said he did not agree with rebidding the residential street sweeping, but he agreed that it should be considered during the next budget process. Consequently, he agreed to amend his motion to include that direction to staff. The motion passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 21. M2001-085 Motion approving a supply agreement with Coastal Sweeping Services, Corpus Christi, Texas, for Street Sweeping Services in accordance with Bid Invitation No. BI -0049-01, based on low bid for an estimated two-year expenditure of $299,022. The service will be administered by the Storm Water Department. Funds have been budgeted by the Storm Water Department in FY00-01. The foregoing motion passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 22, landfill tipping fees. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, explained that currently the ordinance establishes one tipping fee with no provisions to enter into contracts to guarantee tonnage into the city's landfill. However, a competing landfill near Robstown called El Centro is offering some of the commercial disposal haulers reduced tipping fees if they will enter into a contract with them. He said the city does not have the capability of entering into such contracts. City Manager Garcia added that solid waste is a very dynamic industry and the city cannot compete if it does not have the flexibility of entering into Long-term agreements at variable rates. Mr. Massey said staff is still discussing other solid waste issues with industry representatives, but they brought this issue forward because the city is losing money at the landfill every day. Responding to Council Member John Longoria, Mr. Lawrence Mikolajczyk, Interim Director of Solid Waste Services, said this proposal gives the city the ability to give a contractor a price to dispose of their garbage at the landfill. For example, the City of Robstown's contract will be bid in Minutes - Regular Council Meeting February 20, 2001 Page 11 the near future, and that city has 400 tons of waste per month that has never been taken to Corpus Christi's landfill. Mr. Garcia said this is a free market and staff's proposal allows Corpus Christi to offer a lower price for its product, and if businesses are locked into long-term contracts, they cannot take advantage of that lower price. In reply to several other questions from Mr. Longoria, Mr. Mikolajczyk said the three largest haulers in Corpus Christi are BFI, Frontier, and C.C. Disposal. He said Frontier is now taking their waste to El Centro and another company called Absolute has teamed up with El Centro and is coming into the city and undercutting the market. Mr. Garcia said since August 1, 2000 the landfill has lost $735,000 and if something is not done soon, that loss could be doubled by the end of the fiscal year in July. Mayor Neal asked why the city does not just lower the tipping fees at the landfill gate. Mr. Garcia said staff's assessment is that since the market is constantly changing, it is hard to predict what prices the other landfills will offer. He said Corpus Christi is handicapped by its current pricing mechanism and it needs flexibility in pricing. The Mayor said rather than establishing contracts, the city needs to determine what it takes to operate the landfill and set competitive rates based on that information. Council Member Kinnison said the city's current and yet -to -be -opened landfills are important assets for the city and they need to be protected. He said he is concerned about the position that the taxpayers are being put in. Council Member Colmenero said it is important for staff to meet with industry representatives to address this issue. Council Member Scott said he is in favor of giving the City Manager the tools he needs to make competitive decisions. Mayor Neal called for public comment. Mr. Larry Woods, of Sixteen Services, said the price should be the same for both large haulers and small haulers. He said there have been two meetings between city staff and industry representatives which he said were not productive. He said it appears there have been "backdoor" meetings between staff and one of the largest haulers in the city. He added that he was not notified until today that this item was on the agenda. Responding to Mr. Scott, Mr. Woods said his company has been hauling its loads to El Centro for about six weeks. Mr. John Bell, a local attorney, said he is representing C.C. Disposal, which has been owned by the Diaz family for more than 60 years. He said the owners have continued to bring 85% to 90% of their garbage flow to the Elliott Landfill because they believe in the community. He also stated that his clients learned of this agenda item this morning; consequently, they do not have a counter proposal to make. He said this plan represents a historic change in city regulatory policy that is as far-reaching as the proposal staff made last summer, which was tabled. He questioned whether the city is favoring one or two large commercial haulers over the small haulers. He said his clients would like to find ways to bring in new business and industry to Corpus Christi. Council Member Gonzales said he would not support a proposal that hurts small businesses. He said they need to establish a level playing field, such as through offering one tipping fee rather than a two-tiered approach. He also encouraged staff to work with the industry representatives. Mr. Minutes - Regular Council Meeting February 20, 2001 Page 12 Kinnison said the competitive market includes such things as volume discounts. Mr. Bell replied that while the city needs to be competitive in the business world, it is also a governmental entity which can make or break commercial haulers. Mr. Garcia said the city is not proposing a franchise fee and they are not proposing that the city become the exclusive commercial waste hauler, although many cities in the country do exercise those options. He said the city's objective is to maintain a competitive price structure in a very competitive environment. Responding to Mr. Scott, Mr. Garcia said that in this industry, individual haulers can make specific contracts for rates with a wide variety of variables, which he explained. A discussion ensued about flat rates and flow control. Mr. John Torrey, of Captain Hook Dumpsters, said he is one of the small haulers in Corpus Christi. He said El Centro has offered his company the same rate as BFI. He said city staff overestimated the anticipated revenue for this fiscal year because of a storm event that occurred last year. In addition, he said a study stated that they were suffering losses from El Centro from June 1st, but El Centro did not open until mid-July. His estimate of the city's losses is about $350,000 so far this year. Mr. Torrey said he is looking for a commitment from the Council that they will support small businesses and not offer advantages to the large haulers. In response to Mr. Scott, Mr. Torrey said his company takes their heavy loads to El Centro because they save money and the lighter loads are taken to the Elliott Landfill. Mayor Neal said the cost to residential customers will not be appreciably affected by what action the Council takes. He said the Council needs to give staff the authority to compete for commercial garbage hauled inside or outside the city limits and taken to the Elliott Landfill. However, what would be affected is the revenue stream into the General Fund budget. Mr. Mikolajczyk said there is enough allowance in the residential rate to cover the tipping fee up to almost $200,000. He said the department has reengineered and they can meet that obligation. Mr. Kinnison said he thought a consultant was going to prepare a full -cost accounting study to determine the actual solid waste costs. He questioned whether the city would benefit more from the Mayor's suggestion that they set a competitive rate, or if they negotiate contracts and operate as a business. Additional discussion ensued. Mayor Neal made a motion to amend the ordinance prior to first reading authorizing the City Manager to set competitive tipping fees based on market competition for commercial rates at the city landfill. Mr. Garcia said every week the city is losing thousands of dollars at the landfill and this proposal was a quick way to begin to address that situation. He said staff is planning to come back to the Council with a comprehensive strategy and permanent solutions involving flow control. Mr. Longoria, Mr. Scott, and Mr. Kinnison said the Council needed to know the economic impact of the Mayor's proposal. Following additional discussion, Mr. Scott made a motion to table Item 22, seconded by Mr. Longoria. The motion to table failed to pass by the following vote: Kinnison, J. Longoria and Scott voting "Aye"; Neal, Colmenero, Garrett, Gonzales, and B. Longoria voting "No"; Cooper absent. Minutes - Regular Council Meeting February 20, 2001 Page 13 City Secretary Chapa restated Mayor Neal's motion as follows: motion to amend the ordinance prior to first reading authorizing the City Manager to set competitive tipping fees based on market competition for commercial rates at the city landfill. Mr. Chapa polled the Council and the motion to amend passed by the following vote: Neal, Colmenero, Garrett, Gonzales, and B. Longoria voting "Aye"; Kinnison, J. Longoria, and Scott voting "No"; Cooper absent. Mr. Chapa then polled the Council for their votes on Item 22 as amended: 22. FIRST READING ORDINANCE Ordinance authorizing the City Manager to set competitive commercial tipping fees at the city's landfill based on market competition. The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Colmenero, Garrett, Gonzales, and B. Longoria voting "Aye"; Kinnison, J. Longoria, and Scott voting "No"; Cooper absent. Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, proposed expansion of the Port Board. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 024379 Resolution supporting legislation by Senator Carlos Truan expanding the governing body of the Port of Corpus Christi Authority. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 24, Del Mar College District. There were no comments from the audience. Responding to Council Member Kinnison, Mayor Neal said the president of Del Mar College asked him and the City Manager if the city would consider this proposal, which would assist Del Mar in their efforts to obtain additional federal or state funding. Council Member John Longoria said he thought a resolution (rather than a memorandum of understanding) would be more appropriate. Mr. Bray said since this constitutes a broad statement of principle, it can be accomplished by a resolution or by a memorandum of understanding. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 20, 2001 Page 14 24. M2001-086 Motion approving a Memorandum of Understanding between the City of Corpus Christi and the Del Mar College District recognizing the close relationship that ties the potential for development of these two entities, their commitment to a shared citizenship, and their common tax base. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Cooper and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, Convention and Visitors Bureau Board. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 25.a. M2001-087 Motion authorizing the City Manager or his designee to execute First Amendment to the Consulting Services Agreement between the City and the Corpus Christi Convention and Visitors Bureau to reallocate representation on the board of directors by reducing the air/ground transportation representatives from 2 to 1 and increasing the At -large representatives from 6 to 7. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mr. Chapa said he had received a letter from Mr. Joey Jarreau, Acting Director of the CVB, which requested that the Council further amend the consulting services agreement to add two ex - officio members appointed by the Port of Corpus Christi Authority. Responding to the Council, Mr. Jarreau said he would listen to the tape of the CVB meeting to clarify whether the board was requesting one ex -officio member from the Port or two members. Council Member Kinnison made a motion to move Mr. Bert Quintanilla from the Attractions category to the At -Large category; seconded by Council Member Colmenero. The motion passed unanimously (Cooper absent). Council Member Gonzales nominated Ms. Lillian Riojas of the Port of Corpus Christi for the vacated Attractions seat. Council Member Scott nominated Mr. Tom Schmid of the Texas State Aquarium for the Attractions seat. The Council cast their votes and Mr. Schmid was selected to fill the Attractions seat. 25.b. M2001-092 Motion appointing Bert Quintanilla to represent an At -Large category and Tom Schmid to represent the Attractions category on the Corpus Christi Convention & Visitors Bureau Board. Minutes - Regular Council Meeting February 20, 2001 Page 15 The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 26, legal services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 26. M2001-088 Motion authorizing the City Manager to employ Timothy L. Brown to provide legal services in connection with an application to be filed with the Texas Natural Resource Conservation Commission by the San Antonio Water System and others for permits in connection with recharge projects affecting the Nueces River Basin at $140 per hour plus expenses, including necessary expert consultants and witnesses, specifically including Robert J. Brandes at $135 hourly with other firm members and expenses at the firm's current rate schedule. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * ************ Mayor Neal opened discussion on Item 27, contract with Collier, Johnson & Woods (CJW). There were no comments from the audience. Council Member Betty Jean Longoria, Chairperson of the Administrative Analysis Committee, said staff felt that a rotation to a new firm would be appropriate since CJW was completing their sixth year of auditing the city. Mrs. Longoria said the Administrative Analysis Committee interviewed three firms and voted to recommend CJW. City Secretary Chapa polled the Council for their votes as follows: 27. M2001-089 Motion authorizing the City Manager or his designee to execute a contract with Collier, Johnson & Woods in the estimated amount of $105,250 to perform the financial and compliance audit requirement for fiscal year ending July 31, 2001. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal announced the executive sessions (Items 28-32), pursuant to Texas Government Code Section 551.071 regarding the following: 28. William Hernandez et al v. City of Corpus Christi, No. 96-5496-E, 148th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting February 20, 2001 Page 16 29. Juanita Sanchez et al v. City of Corpus Christi et al, No. 98-6450-D, 105th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session; 30. Don Wade et al v. City of Corpus Christi, No. 99-5569-F, 214th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session; 31. Carolina M. White v. City of Corpus Christi, No 99-60262-4, County Court -at -Law No. 4, Nueces County, Texas, with possible discussion and action related thereto in open session; 32. Dan Arthur et al v. City of Corpus Christi, No. 00-4661-C, 94th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motions, seconded by Council Member Kinnison: 28. M2001-090 Motion authorizing the City Manager to settle William Hernandez et al v. City of Corpus Christi, No. 96-5496-E, 148th District Court, Nueces County, Texas, in the amount of $170,000. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 29. M2001-091 Motion authorizing the City Manager to settle Juanita Sanchez et al v. City of Corpus Christi et al, No. 98-6450-D, 105th District Court, Nueces County, Texas, in the amount of $95,000. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said the February 27th Council meeting will include the proposed renaming of the Nueces River Park for the LaBonte brothers. He said the joint meeting of the Council and the Crime Control Board is set for March 20th, and the rededication of Wesley Seale Dam will be held on April 3rd. The City Manager said staff has begun preparing the FY2001-02 city budget, with a target date of May 22nd to bring it to the Council. Mayor Neal called for Council concerns and reports. Mr. Scott said he had received reports of criminal activities at Hans Suter Park, and he asked if the quarterly financial report can be given as a presentation to the Council and public. Mr. Longoria said he noticed a request for proposals for the 78415 Community Youth Development Committee, and he said he thought the grants would be limited to a certain amount. Mr. Tony Cisneros, Director of Park and Recreation, said the steering committee considered that and Minutes - Regular Council Meeting February 20, 2001 Page 17 their consensus was that they still wanted to work with the service providers and not cap the delivery of service. He said the City of Corpus Christi is the fiscal agent for that program. Mr. Longoria also asked about smoking being allowed inside Memorial Coliseum and the Bayfront Plaza Convention Center. Mr. Garcia said staff will correct that. Mr. Garrett asked for information about enforcement of the handicapped parking policy. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:45 p.m. on February 20, 2001. * * * * * * * * * * * * *