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HomeMy WebLinkAboutMinutes City Council - 03/13/2001I 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 March 13, 2001, which were approved by the City Council on March 20, 2001. WITNESSETH MY HAND AND SEAL, this 20th day of March, 2001. Armando Chapa City Secretary SEAL INDEXED T MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 13, 2001 2:03 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 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 Council Member John Longoria, 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 City Council workshop of February 20, 2001 and the regular Council meeting of February 27, 2001. A motion was made and passed to approve the minutes as presented. Mayor Neal recognized members of the delegation who traveled to Reno, Nevada, to bid on holding the 2006 American Bowling Congress tournament in Corpus Christi. The delegation was successful in their efforts and that tournament is expected to bring in about $60 million in revenue and thousands of bowlers and their families to this city during the five-month tournament. The delegation members present at the Council meeting were: Brad Lomax, Chairman of the Convention and Visitor's Bureau; Joey Jarreau, Director of the CVB's Sales and Marketing Department; Bill Morgan, Holiday Inn Emerald Beach; Ed Persall, Hospitality, Sales and Marketing Association; Bobby Puentes, President of the Corpus Christi Area Bowling Association (CCABA); Tim Lyons, current Past -President of the Corpus Christi Men's Bowling Association; Jim Ward, Secretary -Treasurer of the CCABA; and Wayne Bennett, new President of the CVB. The delegation then showed the video tape that was shown at the ABC tournament in Reno. Council Member Betty Jean Longoria commented that she, Mayor Neal and city staff traveled to New York City last week to make presentations to three bond rating agencies in preparation for the year 2000 bonds being sold. She said that last year the Council made difficult budget decisions and the success of the bond election shows that Corpus Christi is investing in its future. City Manager Garcia introduced Mr. Mark McDaniel, new director of the Office of Management and Budget, who briefly addressed the Council. Minutes - Regular Council Meeting March 13, 2001 Page 2 Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Board of A • justment Charles Schibi Gene Clancy (Alternate) Ethics Commission Herbie Garcia Jr. Building Standards Board Leroy San Miguel (Reappointed) Rudy Garza * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. R.F. Hasker, 1813 Wallace, said citizens are given bad or misleading information about the Packery Channel issue. For example, he said Charles and Betty Spencer have been criticized for not naming the donor of a large donation to "Let Us Vote Corpus Christi." Mr. Hasker called the financing plan for the Packery Channel project a boondoggle. Mr. J.E. O'Brien, 4130 Pompano, asked for a review of the city's gas purchase contract, saying that the cost of gas being passed through to the citizens is excessive. He also asked the Council to consider a refund or reduction in utility rates. He said San Antonio has adopted utility relief programs of over $22 million. He said last year Corpus Christi's combined utility fund had a net income of over $25 million Council Member Kinnison asked Mr. Garcia to respond in writing to Mr. O'Brien's requests. Ms. Emerida Fernandez said she owns property in Corpus Christi behind Sunrise Mall and her tenants are complaining about bad sewer lines, which she described. She said she has complained about the problem to the city. Mayor Neal asked Ms. Fernandez to speak with Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, and a representative of the Wastewater Department. Mr. Abel Alonzo, 1701 Thames, said that a majority of the community's Hispanic youth are uneducated and unskilled. He said opponents of the Packery Channel project contend that the planned development will only create low-paying jobs; however, said Mr. Alonzo, a job is a job when a person has to pay bills. Mr. David Perry, 14126 Cutlass, referred to property he owns on Padre Island on which he would like to open a restaurant. He again objected to Ordinance No. 023905, passed on January 11, 2000, which amended the Zoning Ordinance regarding uses allowed in the `B -2A" Barrier Island Business District and regarding street yard requirements. Mr. Perry said that ordinance basically rezoned his property so that he cannot conduct business there. He added that the "A-2" District does not require a 6 -foot tall masonry wall as the zoning amendment now does. He said property owners are not informed of text amendments. Minutes - Regular Council Meeting March 13, 2001 Page 3 Mr. Leon Perez, 904 Buford, thanked the Mayor for striving to do something for the city. He said he called last week asking to speak to the City Manager, Council Member Scott, and Assistant City Manager Utter, all of whom were out of the city. Mr. Perez also questioned the proposal to add two more Port Commissioners. Mr. Trian Serbu, 14310 Playa del Rey, said the ballot language concerning Packery Channel should simply read: "Shall the City Council continue Ordinance No. 024270 which creates a taxing zone on part of Padre Island to pay, solely from the increased property values within the zone, for construction and maintenance of Packery Channel?" He objected to the rest of the ballot language, which reads (after the words "Packery Channel") "and related beach restoration, a park, beach access, restrooms, showers, walkways, parking, fishing, and related improvements?" Mr. Serbu said the whole sentence as it will appear on the ballot is biasing the election in favor of the project. He said citizens have already paid for the beach improvements with the county beach parking fee but they never occurred. In response, Mayor Neal said the Council approved the ballot language. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-11). City Secretary Chapa said Item 8 had been withdrawn. Council members requested that Items 3 and 5 be withheld for discussion; there were no comments from the audience. Mr. Chapa polled the Council for their votes: 4. M2001-102 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc. in an amount not to exceed $20,000 for Pre -Planning for Post Hurricane/Disaster Recovery Operations for the 2000 Hurricane Season. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. 6. ORDINANCE NO, 024386 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with So -San Corporation for public street improvements on Oso Parkway abutting a dedicated public park not to exceed $41,584.55 for City's share of costs of the improvements. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. 7. ORDINANCE NO. 024387 Ordinance closing and abandoning a 5,776 -square foot portion of a 20 -foot wide utility Minutes - Regular Council Meeting March 13, 2001 Page 4 easement out of Lot 2B and 3, Block 1, Caja Industrial Development Subdivision; requiring the owner, Regional Transportation Authority (RTA), to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. 8.a. WITHDRAWN i . or ;op • _ 8.b. WITHDRAWN he and rcplat the property 9. M2001-103 Motion authorizing the City Manager or his designee to execute an addendum to the contract for purchase of services from the State of Texas, Department of Information Resources, to provide computer maintenance to the Police Department's Digital Equipment Corporation (DEC) equipment, authorized by Motion M2000-257, approved by City Council on July 25, 2000, to add 200 mobile data computers and miscellaneous equipment at an annual cost of $11,946.72. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. 10. ORDINANCE NO. 024388 Ordinance appropriating $35,822.41 from the State of Texas in the No. 6010 Trust Fund - Law Enforcement Officer Standards and Education for training of police personnel; amending the FY00-01 Budget adopted by Ordinance No. 024130 by adding $35,822.41 to the No. 6010 Trust Fund - Law Enforcement Officer Standards and Education. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. Minutes - Regular Council Meeting March 13, 2001 Page 5 11. RESOLUTION NO. 024389 Resolution authorizing the City Manager or his designee to execute an amendment to the Interlocal Agreement with the Coastal Bend Council of Governments, that is funding the purchase of a mobile water injection system (watertruck) for the City's Composting Operation. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, stormwater projects. In response to Council Member Colmenero, Mr. Angel Escobar, Director of Engineering Services, described the location of the improvements, which will alleviate flooding in those areas. City Secretary Chapa polled the Council for their votes as follows: 3. M2001-101 Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction Company, Inc. for a total fee not to exceed $304,948.30 for the Denver Street at Jackson Place/Ohio Avenue Storm Water Improvements Project. The foregoing motion 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 5, parking prohibition on West Broadway Street. Mr. Colmenero asked about signage there and Mr. David Seiler, City Traffic Engineer, said appropriate signs indicating the parking prohibition will be posted. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 0243 85 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Article VIII. Schedules, Section 53-252. Schedule III - Parking prohibited at all times on certain streets, by prohibiting roadside parking at all times on both sides of West Broadway Street between Padre Street and Sam Rankin Street; providing for penalties. 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 March 13, 2001 Page 6 Mayor Neal opened discussion on Item 12, arbitrage interest earnings. Mr. Jorge Cruz-Aedo, Director of Financial Services, explained that the excess interest earnings from the city's outstanding bonds have to be remitted to the federal government. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. M2001-104 Motion authorizing the City Manager or his designee to rebate excess arbitrage interest earnings to the U.S. Treasury on the Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 1995; and the General Improvement Bonds, Series 1995-B. The foregoing motion 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, solid waste consulting services. City Manager Garcia said the city will be addressing several major solid waste initiatives, including automated garbage collection, closing out the existing landfill, and opening the new landfill. Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, said staff is proposing that Gershman, Brickner & Bratton (GBB) assist with the following reengineering initiatives: implement phase one of the automated collection program; develop a request for proposals for the recycling collection program; update the solid waste business plan; improve landfill competitiveness through pricing, operation comparisons, and cost-effective operation; and develop full -cost accounting procedures. Responding to Mayor Neal, Mr. Mikolajczyk said the term of the proposed contract is approximately 270 days. The Mayor called for public comment and there was none. Council Member Kinnison said the evaluation of the city's solid waste operations should include the option of delaying the construction of the Cefe Valenzuela Landfill while continuing the operation of the J.C. Elliott Landfill and supplementing it with the use of a private landfill. He also asked if the consultants could shorten the period of the contract so the Council can take action prior to the end of the year. Mr. Mikolajczyk said the curbside recycling request for proposals (RFP) is about 90% complete and much of the work has been done on the automated collection process; staff is waiting for GBB to review it. Mr. Kinnison said the landfill operation is a critical component that needs to be addressed in a timely fashion. In reply to Council Member Gonzales, Mr. Garcia said staff is proposing putting the operation of both the Elliott and Valenzuela landfills out for competitive bids and comparing them to the option of the city continuing to operate the landfills. Dr. Gonzales questioned when the Council decided to privatize the landfill. Mr. Garcia said they have not made that decision yet; rather, staff wished to present to the Council all the different cost options and the Council will make the Minutes - Regular Council Meeting March 13, 2001 Page 7 ultimate decision on the solid waste business operations. Council Member Scott said that in 1999 the Council set as one of its priority issues the need to explore additional opportunities to privatize services, and he questioned what has taken staff so long to pursue that directive. He also asked how the consultant will be paid. Mr. Mikolajczyk replied that they will bill the city on a monthly basis but the entire amount of the contract will be secured in this year's budget. He added that previously GBB took staff through the steps of full -cost accounting but a complete analysis was not conducted. In response to Council Member John Longoria, Mr. Massey said the city had a previous contract with Mr. Gary Shanoff, an attorney specializing in solid waste issues, who in turn used GBB to prepare analyses of the city's operations. He said GBB gave a presentation to the Council about their findings (on November 21, 2000). Mr. Massey also described different ways that the Elliott and Valenzuela landfills can be operated, including combinations of public and private operations. Mr. Massey added that staff has been contacted by at least 12 companies nationwide which have expressed interest in the RFP for the Valenzuela Landfill. The question is how much they would charge to operate that landfill. Mr. Garcia said it is conceivable that once they compare the cost of private operations versus the city's cost, they may determine that the city's costs are less. Mr. Massey also further responded to Mr. Longoria's questions regarding the services that GBB will provide. Council Member Colmenero asked about the source of the funds for the consultant's contract. Mr. Mikolajczyk replied that they are unused funds from expenditures that were not made. Mr. Colmenero said the pass-through costs need to be clarified and he requested comparisons of continuing the current collection frequency versus a reduction in the frequency. Responding to other questions from Mr. Colmenero, Mr. Massey said the longest part of the contract will be finalizing the RFPs and reviewing and evaluating the bids. If the automated collection program is authorized, the next step would be to procure the vehicles and containers and make decisions about the recycling program and the business plan. Dr. Gonzales said solid waste services is a major operation of the city and he is a strong promoter of efficiency. He questioned whether a consultant is needed to evaluate the city's solid waste operations or if staff could do that intemally. Mr. Massey said the consultants bring expertise regarding how business is done in the industry. Council Member Betty Jean Longoria said the city has to determine whether or not it is operating in a cost-efficient manner. She said the end result will benefit the citizens. Dr. Gonzales said he agrees with efficiency but he does not support privatization. Mr. Kinnison reiterated his previous request that staff present all the options available. City Secretary Chapa polled the Council for their votes as follows: 13. M2001-105 Minutes - Regular Council Meeting March 13, 2001 Page 8 Motion authorizing the City Manager or his designee to execute a contract in the amount of $174,550 with Gershman, Brickner & Bratton Inc. for solid waste consulting services to develop solid waste and landfill business plans, landfill contractor procurement, automated collection and recycling procurement. The foregoing motion 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 14, updated service credits. Ms. Sharon Dove, Assistant Director of Human Resources, said this ordinance will allow for updated service credits automatically on an annual basis. She said the Texas Municipal Retirement System will have the annuity study to determine the city's contribution rate. She said this proposal was included in the negotiations with the police officers union. Responding to Mayor Neal, Ms. Dove said this applies to all city employees except firefighters and the current rate is 10.92%. In reply to Council Member Gonzales, Ms. Dove said updated service credits use an employee's average monthly salary over a recent three-year period to recalculate the employee's retirement credit. In addition, the ordinance adjusts the annuities by 50% of the increase in the Consumer Price Index that the retirees and beneficiaries would receive. Mayor Neal said this reassures the retirees that there is a built-in adjustment for them similar to other federal and state programs and the Social Security program. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Ordinance authorizing and allowing under the act governing the Texas Municipal Retirement System "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for the ordinance. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett abstaining. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, Rincon Bayou project. Mr. Massey reviewed the presentation that he gave to the Council on February 27, 2001, explaining that the Nueces Estuary Advisory Council (NEAC) approved the city's proposed Minutes - Regular Council Meeting March 13, 2001 Page 9 amendments to the agreed order on March 6th. He said the proposal will then be sent to the members of the Texas Natural Resource Conservation Commission later this week in preparation for their meeting on April 4th. Mr. Massey also reiterated the water conservation measures and the changes in the pass-through requirements that are being proposed. Mr. Kelly Payne, of HDR Engineering, reviewed several charts and graphs illustrating various elements of the city's water supply and freshwater inflows to the Nueces Estuary, including a comparison of the reservoir system's firm yield with the 1995 agreed order alone, with the agreed order and the Lake Texana water, and with the workgroup proposal and the Lake Texana water. Mr. Payne noted that the proposal, which is estimated to cost $5.5 million, is expected to increase the system's firm yield by 3,200 acre-feet annually. Mayor Neal requested the estimated capital costs of the other three alternatives: Refugio County groundwater, Garwood pipeline, and a pipeline between the Choke Canyon Reservoir and Lake Corpus Christi. Mr. Massey reviewed the timeline and Mr. Bray discussed the automatic water conservation measures. He said they have recodified into the City Code the whole water conservation plan and added provisions which call for the most efficient operation of the reservoir system. He and Mr. Massey responded to Council members' questions and comments. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15.a. RESOLUTION NO. 024390 Resolution supporting "A Proposal for Implementing the Rincon Bayou Diversions and amending the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary," requesting the Texas Natural Resources Conservation Commission to approve necessary amendments to the 1995 Agreed Order; and expressing appreciation for efforts of the Nueces Estuary Advisory Council. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. 15.b. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, Chapter 55, Utilities, to establish automatic water conservation measure, to codify the rules governing drought contingencies and establishing permanent water conservation measures, and to direct an operations plan for the reservoir system; amending the Water Conservation and Drought Contingency Plan by deleting the references to specific reservoir levels in Section 2.1 of the Drought Contingency Plan; amending the Water Conservation and Drought Contingency Plan by repealing Section 2.2 of the Drought Contingency Plan; revising and clarifying certain other provisions of Article XII of Chapter 55; providing for penalties; providing for severance. Minutes - Regular Council Meeting March 13, 2001 Page 10 The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. 15.c. M2001-106 Motion authorizing the City Manager to retain HDR Engineering to provide engineering services for design and bidding services related to re -opening the Rincon Overflow Channel at a price not to exceed $40,000, to provide construction services for the Rincon Channel project at a price to be negotiated, and to provide services related to construction of a pipeline from the Calallen Reservoir to the Nueces Delta at a price to be negotiated. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. ************* Mayor Neal announced that the executive session regarding the purchase, exchange, lease, or value of real property in connection with acquisitions necessary for the Rincon Bayou Project (Item 16) was being postponed. He then called for the City Manager's report. Mr. Garcia said that items scheduled for the next Council meeting on March 20th include a presentation on the financial report, five-year financial forecast and performance reports. Following a brief discussion, there was consensus of the Council to hold a joint meeting with the board of the Crime Control and Prevention District on March 27, 2001 beginning at noon. Mr. Garcia added that the rededication of Wesley Seale Dam is scheduled for April 3rd. Mayor Neal called for Council concerns and reports. Dr. Gonzales discussed the recent fatal accident involving a teenager who was crossing Saratoga Boulevard at Ranger Drive following a track meet at Cabaniss Field. He asked that the City Manager work with the Corpus Christi Independent School District to coordinate improved safety measures in that area, such as reduced speed and increased lighting. He said there are also safety concerns at Buccaneer Stadium during sporting events. Mr. Colmenero requested an update on the state school park, and he noted that the Council Chambers had been equipped with new cameras. Mr. Garrett said the City Council Action Request list contains 21 items, one of which dates back to November 21, 2000. Mr. Garcia said several responses are anticipated and others have been addressed but were not taken off the list. Mrs. Longoria reiterated Mr. Colmenero's request for an update on the state school park. Mayor Neal commented on poor lighting and inadequate crosswalk markings outside the airport terminal, which may cause safety problems. There being no further business to come before the Council, he adjourned the Council meeting at 4:45 p.m. on March 13, 2001. * * * * * * * * * * * * *