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HomeMy WebLinkAboutMinutes City Council - 07/10/2001T I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of July 10, 2001, which were approved by the City Council on July 17, 2001. WITNESSETH MY HAND AND SEAL, this 17th day of July, 2001. SEAL Armando Chapa City Secretary 7 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 10, 2001 2:10 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Bill Kelly Rex A. Kinnison John Longoria* Jesse Noyola 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 Rev. Ken Parks, St. Bartholomew's Episcopal Church, and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. 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 June 26, 2001. Mr. Kelly said he would like the minutes to reflect that during the discussion on the Corpus Christi North Beach nourishment project, he asked about the presence of heavy metals and other contaminants in the sand material. He said the project engineer had replied that the material had been tested for those elements and they are not present. Mr. Kelly also asked that in the discussion of the synchronization of traffic lights on Northwest Boulevard that the wording clarify that Northwest Boulevard and FM 624 are the same street. Council Member Chesney made a motion to approve the minutes as corrected, seconded by Council Member Colmenero, and passed. *Council Member Longoria arrived at 2:13 p.m. * * * * * * * * * * * * * Mayor Neal asked Ms. Diana Garza, Management Assistant to the Mayor, to join him in recognizing the following individuals for their assistance during the Fourth of July "Big Bang" celebration: David Seiler and Walter Jarrin, Traffic Engineering; Theldon Sharkey, Streets; Chief Pete Alvarez and Capt. Wayne Tisdale, Police; Assistant City Manager Ron Massey; Jeffrey Kaplan, Lawrence Mikolajczyk, Estela Garcia, and David Garza, Solid Waste; and Tony Cisneros, David Ondrias, Ray Curan, Peter Davidson, and Rene Garza, Park and Recreation. Ms. Garza also recognized Daiquiri Richard with the Beautify Corpus Christi Association and Tom Niskala and his staff from the Chamber of Commerce for their assistance as well. Mayor Neal thanked Ms. Garza and the citizens for a successful event. Ms. Garza acknowledged the support of City Manager Garcia. Minutes - Regular Council Meeting July 10, 2001 Page 2 * * * * * * * * * * * * * Mayor Neal introduced Ambassador Francisco G. De Cossio, Consul de Mexico in Corpus Christi, and presented him with a certificate of honorary citizenship. Ambassador De Cossio expressed his gratitude and said he was honored to represent Mexican President Vicente Fox and the government of Mexico. Mayor Neal then referred to the board and committee appointments on the day's agenda, and the following appointments were made: Animal Control Advisory Committee Denny Bales Chris Cooper Cable Communications Commission Sylvia Dancer Corpus Christi Business and Job Development Corporation Gloria Perez (Reappointed) Sam Susser (Reappointed) Human Relations Commission Dr. Stuart Elovitz (Reappointed) Amy Rhodes Nancy Vera Richard Johnson Betty Black Daniel Gonzales Wendy Lai Stephanie Saenz * * * Planning Commission Elizabeth Chu Richter (Reappointed) Richard Smith Storm Water Management Advisory Committee W. Greg Carter (Reappointed) Robyn Cobb (Reappointed) Willard Hammonds II (Reappointed) Claudia Lobell (Reappointed) Henry Nuss (Reappointed) Ted Stephens (Reappointed) Dan Winship (Reappointed) Joe Ortiz (Reappointed) Roberto Cardenas Richard Haynes Leon Loeb Landmark Commission Richard Moore * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-13). City Secretary Chapa stated that Item 5 was withdrawn. A Council member requested that Item 8 be discussed. There were no comments from the audience. Mr. Chapa polled the Council for their votes: 3. M2001-246 Motion approving the purchase of preformed thermoplastic pavement marking material from Flint Trading, Incorporated, Thomasville, North Carolina, in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $26,257.32. Funds have been budgeted by Street Services in FY 2000-2001. Minutes - Regular Council Meeting July 10, 2001 Page 3 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 4. M2001-247 Motion approving the purchase of one floor scrubber from Tennant Company, Minneapolis, Minnesota for the total amount of $28,975.68. The award is in accordance with the Federal Supply Schedule of the United States General Services Administration (GSA). The floor scrubber will be used by the Convention Center. Funds are available in the FY 2000-2001 Capital Outlay Budget. This item is a replacement. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5.a. WITHDRAWN cu uy 111 5.b. WITHDRAWN to lllcicas. apploplrauols Ly bs4,.2411 tl c tvo. utian appiovLilg the pun,llasc of one utlllty %cluck . floni Allcn San Ywillcat'o"5 I()1 tla luta! aulount ul S.34,Wb.L4. llus vJlucic will Lc LiaOipuiatt11 'Litt/ tndutc 3c 6. M2001-248 ❑[,iL 1 UUl d11 ltlun tO tIK I1�Gt. Motion approving the purchase of forty computers, twenty printers, two servers and miscellaneous cables and switches from the following companies for the following amounts to be used by the Fire Department in accordance with the State of Texas Cooperative Purchasing Program for a total of $72,279. Funds are available in the Emergency Medical Services Grant Fund and in the Fire Department's FY 2000-2001 Operating Budget. Dell Marketing Round Rock, Texas 40 personal computers and two servers $64,167 Grand Total : $72,279 CDW Government, Inc Vernon Hills. Illinois 20 printers, cable and switches $8,112 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting July 10, 2001 Page 4 Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7.a. ORDINANCE NO. 024490 Ordinance appropriating $303,579 in the No. 4621 Passenger Facility Charge Fund for the Corpus Christi International Airport Terminal Apron Improvements Projects. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7.b. M2001-249 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,523,532.50 with W. B. Construction, Ltd. of Beaumont, Texas, for the Corpus Christi International Airport Terminal Apron Improvements Phase 2 Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7.c. M2001-250 Motion authorizing the City Manager or his designee to execute a construction materials testing and inspection services contract in an amount not to exceed $18,485 with Professional Services Industries, Incorporated, (PSI) of Corpus Christi, Texas, for the Corpus Christi International Airport Terminal Apron Improvements Phase 2 Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9. M2001-252 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $172,000 with Sal -Con, Incorporated, of Corpus Christi, Texas for renovation of Oak Park Senior Center and Joe Garza Recreation Center (Bond Issue 2000 Projects). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10. M2001-253 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $84,235 with Malek, Incorporated, of Corpus Christi, Texas for the Corpus Christi Museum of Science and History heating and air-conditioning system (Bond Issue 2000 Project). Minutes - Regular Council Meeting July 10, 2001 Page 5 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11. Ordinance abandoning and vacating a 2,250 -square foot portion of a fifty (50) foot wide street right-of-way on Purl Place, north of the Robert Drive Street right-of-way; requiring owners Dr. and Mrs. Robert W. Madry, Jr. and Mrs. Ann C. Yeager, to comply with the specified conditions and replat the property within 180 days at owner's expense. (This item requires a public hearing and is therefore being resubmitted to the Council on July 17, 2001.) 12. M2001-254 Motion appointing Council Members Brent Chesney, William Kelly and Jesse Noyola as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13. ORDINANCE NO. 024493 Ordinance changing the name of Ocean Drive to South Water Street between Furman Avenue and Buford Street. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, Price Park restroom improvements. Council Member Scott asked about the amount of the unreserved fund balance in the Park Trust Fund. Mr. Tony Cisneros, Director of Park and Recreation, said it is approximately $60,000 and $25,000 is being allocated for this project. He said the Park Trust Fund is used to help complete park construction projects that have been partially funded. City Secretary Chapa polled the Council: 8.a. ORDINANCE NO. 024491 Ordinance appropriating $25,000 from the Unreserved Fund Balance in the No. 6010 Park Trust Fund for Price Park Complex public restroom improvements; amending the FY 2000- 2001 Budget, adopted by Ordinance No. 024130, to increase appropriations by $25,000 in the No. 6010 Park Trust Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting July 10, 2001 Page 6 8.b. M2001-251 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $128,372 with CamRett, Corporation of Corpus Christi, Texas, for the Price Park Complex public restroom improvements project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda and the first presentation was made by Mr. Cisneros and Ms. Michelle Moffitt, project coordinator of "Revitaliziana." Using a computer presentation, Ms. Moffitt explained that the mission of this grassroots organization is to promote positive civic thinking and civic pride in the urban area through the restoration of natural habitat for native and migratory wildlife, and the "regreening" and revitalization of the ecological health of Louisiana Parkway. Ms. Moffitt noted that Louisiana Parkway, which is a linear parkway flanked on both sides by two lanes of traffic and one parking lane, is over one mile in length and links Ocean Drive with Staples Street. It bisects diverse demographic neighborhoods and borders Menger Elementary and Trinity Lutheran Church. She said the project envisions the creation of a virtual moving parkway with the reduction of the double traffic lanes to a single traffic lane with a bike lane on each side of the parkway. She said the bike lanes will link Texas A&M University -Corpus Christi, all the bayfront parks and Del Mar College. In addition, the parkway would include a six-foot wide crushed granite walkway which will exceed ADA requirements and be user friendly to the visually impaired. She said they also plan to renovate the bus stops at Alameda and Santa Fe streets. Ms. Moffitt said the project will also include planting a minimum of 250 medium to large trees, several flowering planting beds, a green space for children, park benches, statuary, drinking fountains, litter containers, and a living memorial plaza recognizing donors to the privately funded project. She also discussed the project's benefits to the community and said the projected total cost is $2.6 million with a three- to five-year time line. She said the partners in this project are the city, the Regional Transportation Authority (RTA), the community, AEP/CPL Company, and the Nueces County Juvenile Probation Department's "Make Amends" program. Ms. Moffitt said the city's involvement will entail the following: changing the traffic lanes from double to single and adding a bike lane; supplying water and electricity; delivering mulch; maintaining the parkway grass until the project's completion; and providing assistance with government grant applications and a letter of endorsement. She said the RTA has submitted a grant request to TXDOT to fund the renovation of the four bus stops and she discussed the efforts of community members to begin improving the parkway to show their commitment to the project. Minutes - Regular Council Meeting July 10, 2001 Page 7 Ms. Moffitt said the organizers are in the process of acquiring non-profit corporate status and they are committing to handle the maintenance contract for a minimum of two years after the project is completed. She said they have also established funding depositories with Beautify Corpus Christi Association (BCCA) for funds up to S10,000 and Coastal Bend Community Foundation for the balance of funds over $10,000 as well as the maintenance trust fund. She said they are soliciting funds from the Texas Natural Resource Conservation Commission and the Texas Parks and Wildlife Department, as well as advisory relationships with BCCA and the Tree Awareness Council. Mr. Robert Gignac, landscape architect, discussed details about the project using a schematic design. Ms. Moffitt and city staff members, including Mr. Cisneros and Mr. David Seiler, Traffic Engineer, responded to several questions from Council members. Issues discussed included the traffic lanes, project funding and budget, parkway maintenance, and specifics about the location of various planned improvements. Ms. Moffitt emphasized that the organizers are not asking the city for funding but rather for advisory support in grant writing and a commitment for water and mulch. * * * * * * * * * * * * * The second presentation (Item 16) was made by Ms. Gwen Goodwin, Data Specialist with the U.S. Census Bureau of the Department of Commerce. She explained that Census 2000 is different from other years in that the department is not printing very much information on paper but rather providing a vast amount of data on their website (www.census.gov). She said the first information the Census Bureau released was the redistricting data and next month they should be releasing a detailed report on data statistics for age, race, sex, and housing occupancy. Ms. Goodwin said the bureau will be changing the way it will collect data for the 2010 census by using a three -pronged approach: using the global positioning system and continuously updating master address files; using the American Community Survey to provide annual data; and reengineering the short form and eliminating the long form. She said she is making presentations to a variety of community organizations to assist them in accessing data. Mayor Neal thanked Ms. Goodwin for providing this information and he noted that former Council Member Betty Jean Longoria and Ms. Carol Scott headed up the local census committee. Council Member Colmenero also thanked Ms. Goodwin for recently addressing the Association of Hispanic Municipal Officials. * * * * * * * * * * * * * The third presentation (Item 17) was regarding the city's grant administration efforts. Assistant City Manager Tom Utter, who oversees the Intergovernmental Relations Division, said the amount of grants and reimbursement contracts coordinated by his office and Housing and Community Development in the last 15 months is $21,918,951. In addition, there are eight applications pending in the amount of $3,335,320, as well as other grants that do not go through his office in the amount of about $13 million. Mr. Utter described some of the grants the Intergovernmental Relations Division has assisted with since April 1, 2000. The grantors included the Coastal Bend Bays and Estuaries Program, Minutes - Regular Council Meeting July 10, 2001 Page 8 Department of Justice, Texas Automobile Theft Prevention, Texas Department of Transportation, Texas General Land Office, and U.S. Congress. He also discussed the eight pending grant requests, which encompass such projects as lead hazard control, youthbuild, Bay Trail Phase III, hike and bike trails on Gypsy Street and Encantada Avenue, and numerous projects awaiting determination from the TNRCC. Ms. Patricia Garcia, Intergovernmental Relations Specialist, said they have developed a grants committee which focuses on the coordination of grant applications and the development of future proposals. She said once the grants are awarded, there are reporting requirements that must be met; consequently, they are working with TAMU-CC to utilize interns to assist with those efforts. She said they are deciding whether to turn in a grant for an empowerment zone designation or a renewal community grant to spur economic development. Mr. Utter and Ms. Garcia further discussed elements of the empowerment zone and renewal community grants and responded to Council members' questions. Mayor Neal said he would like the city to emphasize a consolidated approach to grant requests, which should be tied to the city's fiscal year and include the affected departments. * * * * * * * * * * * * * Mayor Neal called for a brief recess. Upon reconvening, the Mayor referred to Items 18 and 19 on the agenda regarding the city's proposed budget. He said that for the last year he and the City Manager have been meeting with Nueces County Judge Richard Borchard and his staff as well as members of the Nueces County Hospital District to explore the possibility of combining, through a cooperative agreement, the Corpus Christi-Nueces County Public Health District (PHD). He explained that the PHD is a coordinated group of city, county and state employees, many of whom share common duties but do not share common benefits or salaries The Mayor said that at the county's initiation, the city entered into a lengthy discussion with the county, which hired a consultant who prepared a report on the issue. He said during the last year it was his understanding and that of other city officials that a process was being formulated to allow for the coordination of the PHD into the county and ultimately into the hospital district. He said the reason for this effort was to eliminate duplication of efforts, improve the delivery of public health services, and allow the city to recognize a substantial savings in the city's budget by transferring responsibilities to either the county or the hospital district. The Mayor said when the city held its public hearing on June 26, 2001, for the proposed FY2001-02 operating budget, they were of the understanding that approximately $1 million of General Fund costs would be the responsibility of the proposed county hospital district arrangement. In exchange for that, the city would retain certain functions, such as Vector Control and Animal Control (for which a new voter -approved facility will be built); replace the Health Department roof; and continue to work with the hospital district in the establishment of a clinic on the westside. However, after that time a city staff member was informed by a member of the Commissioners Court that the proposed agreement had been sidetracked. Neither the Mayor nor the City Manager was formally notified that the city will now have a $1 million shortfall in the General Fund budget. Minutes - Regular Council Meeting July 10, 2001 Page 9 Deputy City Manager Noe said city staff does not yet have a specific recommendation for making up the $1,133,949 that had been proposed to be paid by the county's program. He did discuss the following possible alternatives: eliminate the enhanced/restored street maintenance program - $500,000; eliminate the trash program reduction - $120,000; reduce the programmed cost of living increase by 1% - $736,951; eliminate the merit program - $250,000; eliminate the refuge of last resort program - $80,000; eliminate the fire academy and ambulance phase-in - $137,051; eliminate enhancements for a "one-stop" development center - $100,000; eliminate park maintenance restoration/enhancement - $104,140; and defer the wheeler/loader rebuild - $105,000, for a total of $2,133,142. Mayor Neal said the Council had also tentatively approved approximately $300,000 in "add- ons" to the budget that need to be considered. The Mayor then made a motion to table Items 18 and 19 until July 17, 2001; seconded by Council Member Colmenero, and passed. 18. TABLED • ••• • 1 . .. •11 • z\ttgttat1, 200-1; to be fled with t ... Comity Clerk, apprmpiiatiug niO.LCS as 10&d iu said budget, d11dpi0vidi116 fui s v .aauw: 19. TABLED 1On TUU, Sub,CCt1O1 MU1, by dcll,ting the ClaSSlficd Salary Scheductive 1'Y 2000- wv1, ana replaLing a w1t11 • �dalccffcctivc Atlgust 13, 2001, that p.Ovides a 3"/a w2-Ot-11vutg u1CwaS� tui l 1aaolln.d L111pIOyws all adJuota aalaly laugcs Ly S"o,..£festive August 13, 2001, as shown in La11ibit D; app.aval of O1diira11cc alucmling Oldinauce 8127, in as a1,1e11&d, Se. tion 510, by dLltit Ma 1age1ml Group Pay Plan fur I Y 2000-2001, slid Salary 1augCs l,y 3'%, an ,LUwu 111 1.A 11 It t;, apyluval Ot O1di1 8127, amen , Section 520, by deleting the Lxccutive Pa; g y Pian TY 0_, 1LYlaculg 1t w1t11 a 11Cw ACLU AC I'ay an SUKdunit ugust 13, 2001, n a, as mown t11 LA1,1v,t u, approval Ot U1d111ancc ainc11d111g Uldinanec tl 121, aS a111ended, • 11. •• .1 •1 a, ictilcw i11 City's Ci1Vuy Health Innuianuc P1ugia11y apy.Oval of Oldinancv, anlcndiag Otdinane� 8127, a� an1e11dcd, Scctiou 700, a11i11g a 11cw SuLse�ti.,1, 707.3, tU piuvidc un1U111y Lv1 u1c l.1Ly rvlallagLa ZU auLllvl lcc up Lv aO,VVV u1 QO%a nnu11IL.O 1u111/4,1al expenses I1/1 1111) OyC.s w11 1Usc t11.i1 lives wh;lc o11 duty due to o,l-the job i11juiics, approval of Minutes - Regular Council Meeting July 10, 2001 Page 10 a ng v.fl„la11cc is 12 /, a.„C , Scetion /00, l,y addnig a .,c* ire„teal Pay Ilogla.n, approval of O.dmat.cc a,nending a5 dnlcufl�fl, by aOd;ng d dC v4 Scction / 14, to clarity add -On Mays lin Pull . p1idiiC wall Mak Law, L1iaptLei 14.f, approval Ol U'dn1auw mucud lig Y 0., l Oullcil Meit et s, L,ldbbl 11 ,atIuuo a 161.4 1011 ut tll� C;.ly Mauagei, * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, Texas Municipal Retirement System (TMRS). Ms. Cynthia Garcia, Director of Human Resources, said TMRS is the retirement plan adopted by the city for all employees except for firefighters. She said the employee contribution is 5% of salary and the city's contribution is acturarily determined. It consists of an employee match, updated service credits, and the cost of a retiree adjustment. Historically, this contribution is adopted by Council by ordinance on an annual basis. Last April, in accordance with the collective bargaining agreement between the city and the Police Officers Association, the Council adopted an ordinance providing for the automatic adoption of the TMRS rate, as long as the benefits remained unchanged. Ms. Garcia said this proposed ordinance will remove the statutory cap of 11.5% for the contribution rate so that the Council can approve the recommended contribution rate for next year of 11.51%. She said that rate consists of the following: 7.13% employee match; 0.04% attributable to a newly enacted five-year vesting period scheduled to become effective in January 2002; 4.24% for updated service credits (of which 0.01% is attributable to the new vesting period); and 0.14% for retiree adjustments. She said the total 0.05% attributable to the new vesting period would cost the city $26,056 for FY2001-02. Mr. Gary Anderson, Executive Director of TMRS, said Corpus Christi has been a member of TMRS for 51 years and is the second largest city in the plan (behind San Antonio). He said each city has control over the scope of its retirement benefits under the broad rules set by the state. Responding to Council Member Kinnison, Ms. Garcia explained that as established by the 2001 Legislature, all participating TMRS cities will be automatically covered by the five-year vesting provision unless they opt to remain at 10 -year vesting by passing an ordinance (before December 31, 2001) to opt out of the new provision. Mr. Anderson further explained the concept of five-year vesting. Mr. Mark McDaniel, Director of Management and Budget, said the rate change is included in the proposed budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Ordinance authorizing and allowing under the act governing the Texas Municipal Retirement Minutes - Regular Council Meeting July 10, 2001 Page 11 System, the City of Corpus Christi to make current service and prior service contributions to the City's account in the Municipal Accumulation Fund of the Texas Municipal Retirement System at the actuarially determined rate of total employee compensation; establishing an effective date for the ordinance; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, supply agreement for Solid Waste Services curbside collection containers. Mr. Massey noted that the automated collection vehicles are on order and should be delivered in September; this action is to begin ordering the collection containers. Mr. Mike Barrera, Procurement Manager, said the city developed specifications and put out bids for the carts required for the program. He said they accepted the bids on June 6 and since then staff has been evaluating the bids as well as options available under a cooperative bid through the Houston Galveston Area Council (HGAC). He said there are differences between the city's bid specifications and the HGAC specifications which deal primarily with wind stability, length of the contract, and firm contract pricing. Mr. Barrera said staff is recommending that the supply agreement be awarded to Schaefer Systems International (of Charlotte, North Carolina), which was third on the pricing tier. He said the apparent low bidder, Toter Inc., does not meet the city's wind requirements, while the apparent second low bidder, Cascade Engineering, does not meet the 40 mph wind stability test for their 64 - gallon container. Responding to Council Member Colmenero, Mr. Barrera said the city's specifications required that the companies submit testing reports, and all of them submitted reports from Brigham Young University. He said that on July 10th the Council received a letter from Mr. William Birth of Cascade Engineering concerning the wind stability tests conducted by BYU. He included results of wind stability tests that were conducted by the University of Michigan on Cascade's carts as well as carts made by other manufacturers. Mr. Barrera said that according to the BYU study, the 90 - gallon containers made by three of the bidders (including Schaefer) met the 40 -mph requirement; in addition, the 60 -gallon container made by Schaefer passed the wind test but the other bidders' 60 - gallon containers did not. In reply to other questions from Mr. Colmenero, Mr. Jeffrey Kaplan, Director of Solid Waste Services, described the timing of the ordering of the carts, noting that their goal is to implement the first phase of the automated collection program by November 1, 2001. Council Member Garrett asked about the containers used during the pilot program. City Manager Garcia replied that four different containers were tested in four different areas of the city, and the results of the pilot program were used to prepare the specifications for this bid. Mr. Garrett Minutes - Regular Council Meeting July 10, 2001 Page 12 asked if all the bidders were aware of the wind requirements. Mr. Kaplan replied that staff held a pre- bid conference where they specifically highlighted the issues raised during the pilot program and the unique weather conditions in Corpus Christi. He said the city also wanted the warranty to be for 10 years and the vendor would provide service within 24 hours or allow the city to be an authorized warranty provider. Mr. Garrett said he was concerned about maintaining the integrity of the city's bidding process. Council Member Kelly said the pilot program was conducted in his neighborhood, and he asked which container was used in the Calallen area. Mr. Lawrence Mikolajczyk, Assistant Director of Solid Waste Services, said the Schaefer container was used in that area. In response to questions from Mr. Kelly, Mr. Kaplan described the methodology used in the wind tunnel tests and he said staff would like to use the same supplier for both the 90 -gallon and the 60 -gallon carts because of the warranty provisions, magnitude of the parts issues involved, and to maintain consistency in service and response time to customers. Mr. Kelly asked why the city decided to go to the bid process rather than use the HGAC purchasing program. Mr. Kaplan said the HGAC program's specifications are less stringent than the city's; for example, they specify a minimum of 25 mph winds; they are general in reference to the automated or semi -automated systems; and they do not specify the equipment with which the carts will be utilized. He said the city's specifications indicate that the carts should meet the requirements of the particular type of truck that the city has ordered as well as the brand of the semi -automated tippers in the back of the trucks. He said the city also has far more rigid warranty specifications than the HGAC contract. Mr. Kelly asked if the Otto Industries carts that are being supplied under the HGAC provisions meet the specifications for the city's program. Mr. Kaplan replied that Otto provided a bid at a higher rate meeting the city's specifications, while their bid through HGAC has less stringent specifications than the city's. He said staff's evaluation is based on what Otto bid as a price for the cart and the assembly on the city's specifications. Mr. Kaplan added that the current HGAC contract began on January 1, 2001 and is a two-year contract, while the city is contracting for three years with two one-year options to continue. As a result, if the city enters into the HGAC contract, there is a question about who will be the vendor under that contract when the city makes its next purchase. Mr. Barrera also explained why the carts provided by Toter Inc. and Cascade did not meet the city's bid requirements. He said since none of the bidders' 30 -gallon carts met the 40 -mph wind specifications, staff decided to delete that item from the bid package. He reiterated that both Schaefer's 60 -gallon and 90 -gallon carts met the wind requirements while the others did not. He added that Otto's bid was higher than Schaefer's bid. In response to Council Member Noyola, Mr. Barrera said that while HGAC's wind requirement is 25 mph (which companies have said is a standard throughout the country), Corpus Christi often experiences winds of greater intensity. Mr. Mikolajczyk said that during the pilot program, the container made by Zarn used in the central area of the city had the highest failure rate of blowing over in the wind, while the cart with the second highest failure rate was the Toter cart Minutes - Regular Council Meeting July 10, 2001 Page 13 used in the King's Crossing area. Mr. Garrett said the carts used in his neighborhood on Padre Island did not have a problem during the pilot program. Council Member Kinnison complimented staff for their thoroughness and professionalism and for responding to the many questions that were raised during this bid process. Mayor Neal called for public comment on Item 21. Mr. Steve Phelps, Director of Sales with Otto Industries, said the cart his company is offering under the HGAC option is exactly the same cart they offer throughout North America. He said that according to Mr. Barrera, the HGAC specifications were only requested and reviewed after the city's bids were opened and Otto raised the question about spending the additional money. He said the difference between the HGAC option and Schaefer's bid is approximately $200,000 because the recommendation is different than what Otto representatives expected staff to make a few weeks ago. He said the HGAC option meets all the city's mandated requirements for competitive bidding and, in fact, the garbage trucks have been ordered under the HGAC contract. Mr. Phelps said there is no substantial difference between the carts made by Otto and those made by Schaefer, but Otto's bid under HGAC is $200,000 less. He said Otto is asking the Council to reject the bids and staff's recommendation and to purchase the carts under the HGAC contract. Responding to Mr. Kelly, Mr. Phelps acknowledged that Otto would not be able to guarantee that they could maintain the HGAC contract beyond the contract term. However, Otto representatives have told city staff that they would be willing to accept a purchase order for delayed delivery subject to cancellation before the HGAC contract expires. Mr. Kelly expressed concern that Otto submitted a bid greatly in excess of what the city could have purchased the containers for under the HGAC contract. Mr. Phelps said Otto did not consider that that question would be raised in the way it has been. He said due to previous conversations with city staff and the fact that the city has purchased items under the HGAC contract, Otto was under the impression that there would be serious consideration given to the HGAC contract. Mr. Kelly said other Council members raised the question of the integrity of the bidding process, and he said he had a problem with being placed in the position they were in. Additional discussion ensued. Mayor Neal said it was time to hear petitions from the audience on non -agenda items. Mr. Jack Gordy, 310 Norton St., distributed copies of a letter he received from the Legal Department as well as a copy of the state law referring to signs in the right-of-way. He said there is no exemption for Cooper Outdoor Advertising and they do not have a permit for signs on bus benches located in the right-of-way. He said the City Manager's first duty is to enforce all city ordinances. He also said that election signs were supposed to have been removed 84 days ago. Council Member Chesney asked about the removal of illegal political signs. City Attorney Bray said reports of illegal signs are forwarded to the Code Enforcement Department. Returning to the discussion on Item 21, Mr. Kinnison asked staff to delineate the differences between the city's bid specifications and those in the HGAC contract. Mr. Kaplan replied that they Minutes - Regular Council Meeting July 10,2001 Page 14 had to do with the wind requirements, warranty, 24-hour warranty service, and assembly. Mr. Phelps said Otto has indicated to staff that it will honor the city's requirements under the HGAC contract, which they are allowed to do. Mr. Massey said they discussed that issue with Otto but staff was concerned that those requirements would end up being a "rider" on another company's contract. Mr. Phelps also said that during the pre-bid conference, the emphasis was on the 90 -gallon containers rather than on both the 90 -gallon and 60 -gallon ones. He added that containers made by injection - molding are of better quality than those manufactured in other ways. Responding to Mr. Chesney, Mr. Massey said that while staff acknowledges that the city would receive the same product under the HGAC contract, the problem is that the city followed a procurement process and in the end is recommending awarding the contract to Schaefer. He reiterated that HGAC's specifications are different from the city's bid specifications, which he explained. In response to another question from Mr. Chesney, Mr. Bray said that the only way the city could take advantage of the HGAC bid was if it rejected all the bids received during the procurement process. Mayor Neal referred to the letter from Gershman, Brickner and Bratton Inc. (GBB), the city's consultants for solid waste issues. He said according to Mr. Phelps, the carts made by Otto and Shaefer are substantially the same. However, he said staff is recommending awarding the bid to Schaefer not only because they meet the minimum bid requirements for the carts themselves but also because of other issues, such as the warranty, service, and wind resistance. Mr. Michael Knaub, Vice President of Sales for Schaefer Systems International, said the companies went through two pre-bid conferences and Schaefer based its bid on the specifications as written. He said they have not gone back to the city with what they consider to be bid enhancements. He said Schaefer's carts have always been successful in wind tests, adding that overturned carts cause a safety hazard. He emphasized that the HGAC contract is only for two years while their bid is for three years with two one-year options to renew. Mr. Knaub said there is a difference between the containers made by Otto and Schaefer, which is the only company to have IS09001 certification on their products, which he explained. He noted that Schaefer's carts performed well during the city's pilot program. He said they have been talking with city staff about automated garbage pick up since 1991. Mr. Kelly asked several questions of Mr. Garcia, who said the issue is that a company had a price under the HGAC contract but opted to bid a higher price under the city's bid process. He said when that company was unsuccessful at the higher price, they then wanted to refer back to the lower HGAC price. He said staff's recommendation meets the specifications and will allow the city to implement the automated collection program. However, if the Council is unconvinced, he would not recommend going to another bidder but rather that they scrap the whole process. He added that every time a major contract is bid, most of the bidders will be dissatisfied with the outcome. He said as long as people feel they can undermine the integrity of the bid process, a competitive low bid will not be obtained. Minutes - Regular Council Meeting July 10, 2001 Page 15 City Secretary Chapa polled the Council for their votes as follows: 21. M2001-255 Motion approving a supply agreement with Schaefer Systems International, Charlotte, North Carolina, for approximately 71,000 curbside collection containers in accordance with Bid Invitation No. BI -0156-01, based on low bid meeting specifications for an estimated three- year expenditure of $2,908,314. The term of the agreement will be for three years with an option to extend for up to two additional twelve-month periods subject to the approval of the City Manager or his designee. Funds have been budgeted by the Solid Waste Department in FY 2000-2001 and requested for FY 2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal said he feels the integrity of the bid process is important and he thanked staff and the bidders for their efforts. * * * * * * * * * * * * * Mayor Neal opened discussion on Items 22 and 23 regarding the Frost Bank building lease and space remodeling. Mr. Jorge Cruz-Aedo, Director of Financial Services, said that Items 22.a. -c. will allow the city to proceed with the financing of the improvements to the Frost Bank building. He said the first item will allow the city to have the funding in place to do the financing; the second item is the reappropriation of the existing financing that was provided as part of the build -out for the original lease; and the third item is the appropriation of the new loan. Responding to Council Member Scott, Mr. Cruz-Aedo said Item 23 pertains to the construction contract for the remodeling of the building itself. City Manager Garcia said staff bid this project previously but there were some questions about the bid process and some of the responses; consequently, staff rejected all the bids and rebid the project. Mr. Angel Escobar, Director of Engineering Services, explained that the bids came in over the engineer's estimate so staff changed some of the specifications (such as the carpet requirements) to bring down the cost. He said the city received a grant to help purchase roll -down shutters to protect the building during a storm since it will house the city's Emergency Operations Center (EOC). Mr. Garcia said although they did not meet their goal of having the building ready for this hurricane season, staff still wants to proceed as expeditiously as possible. Mr. Escobar said the construction contract is 120 days and it should be completed prior to that. Mr. Garcia said that due to the high cost of some aspects of the project, such as completely outfitting the EOC, this will be a multi-year project. He said at this time they are addressing the basic shell and infrastructure portions of the building, which he explained. Minutes - Regular Council Meeting July 10, 2001 Page 16 Council Member Kinnison asked about the time line for the "one-stop" development center which will be housed on the first floor of the Frost Bank building. Mr. Garcia said staff has already begun the process of restructuring several city departments to consolidate the functions that will be included in the one-stop center. He said staff will brief the Council on that issue at another time. Responding to another question from Mr. Kinnison, Mr. Noe said staff feels comfortable with the amount of funding available, and Mr. Cruz-Aedo noted that it is included in the proposed budget. There were no comments from the audience on Items 22 or 23. City Secretary Chapa polled the Council for their votes as follows: 22.a. M2001-256 Motion authorizing the City Manager or his designee to amend the existing lease agreement with Frost National Bank for 41,289 -square feet of the Frost Bank Building located at 2402 Leopard Street and the land on which the building is situated and Lots la, 2, 3, 4, and 5, Block 1, Nelson Addition No. 2 to provide for an additional allowance of $500,000 from the Frost National Bank. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 22.b. ORDINANCE NO. 024494 Ordinance reappropriating $458,440 from the Frost National Bank lease purchase agreement in the General Fund No. 1020, amending Ordinance No. 024130 which adopted the FY 2000- 2001 Budget by increasing both revenues and appropriations by $458,440 in the No. 1020 General Fund for improvements to the Frost Bank Building. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 22.c. ORDINANCE NO. 024495 Ordinance appropriating $500,000 from the amendment to the Frost National Bank lease purchase agreement in the General Fund No. 1020, amending Ordinance Number 024130 which adopted the FY 2000-2001 budget by increasing both revenues and appropriations by $500,000 in the No. 1020 General Fund for improvements to the Frost Bank Building. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23. M2001-257 Motion authorizing the City Manager or his designee to execute a construction contract with Minutes - Regular Council Meeting July 10, 2001 Page 17 D&SS Construction Inc., Corpus Christi, Texas, in the amount not to exceed $563,702.81 for the Frost Bank lease space remodel. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal recessed the regular Council meeting for the annual meetings of all the quasi -city corporations: Corpus Christi Community Improvement Corporation, Corpus Christi Housing Finance Corporation, and Corpus Christi Industrial Development Corporation. * * * * * * * * * * * * * Upon reconvening the meeting, Mayor Neal announced the following executive sessions: 27.a. Executive session pursuant to Texas Government Code Section 551.072 regarding the acquisition of land for the new arena approved by the voters and convention center expansion, with possible discussion and action related thereto in open session; 27.b. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, and remaining claim of City of Corpus Christi related thereto, with possible discussion and action related thereto in open session; and 27.c. Executive session pursuant to Texas Government Code Section 551.071 regarding Five Citizens of Corpus Christi v. City of Corpus Christi et al, No. 00-275-G, 319th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motion, which was seconded by Council Member Kinnison. City Secretary Chapa said that Council Members Kelly and Scott had filed disclosure affidavits and would abstain from voting on Item 27.a. Mr. Chapa polled the Council for their votes: 27.a. M2001-258 Motion authorizing the City Manager to tentatively accept the offer of TRT Holdings Inc. dated July 6, 2001 and to develop and bring back for Council approval documents implementing the conveyance to the City of Corpus Christi of Block 72, Beach Addition, Corpus Christi, Texas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott abstaining. * * * * * * * * * * * * * Minutes - Regular Council Meeting July 10, 2001 Page 18 Mayor Neal opened discussion on Item 28, water supply update. Using a computer presentation, Mr. Ed Garafia described the city's reservoir system, which consists of the Choke Canyon Reservoir and Lake Corpus Christi. The three rivers feeding those reservoirs are the Nueces, Frio and Atascosa rivers. He noted that the 101 -mile Mary Rhodes Pipeline was completed in 1998 and the Garwood Irrigation Company water rights purchase was finalized the following year. He said that while the City of Corpus Christi is the largest user of water in the system, several other communities also rely on it for their water needs. Mr. Garafia discussed the projected reservoir levels if conditions remain the same for the next several months. He said the combined reservoir system is estimated to reach 30% between July and August 2001 and 20% between June and July 2002. He noted that the 30% reservoir level now has a different meaning due to the additional water provided by the Mary Rhodes Pipeline but it still signifies an important point for consideration of drought management issues. He also quickly reviewed the conditions of the Drought Management Plan. Mr. Garafia said the city's contract with the Lavaca-Navidad River Authority (LNRA) provides for 41,840 acre-feet of water per year from Lake Texana through the Mary Rhodes Pipeline. In addition, there is a provision for "interruptible" water which is available to Corpus Christi under certain conditions. Those conditions include when LNRA's reservoir is full, they have met all their bay and estuary requirements, and they are spilling water. He said currently the city has the ability to obtain 4,500 acre-feet of interruptible water at $37.50/af, and the LNRA is considering modifications to their operations to make an additional 7,500 acre-feet of interruptible water available after permitting requirements are met. Mr. Massey said the raw water cost for the interruptible water would be about one-half cent per 1,000 gallons. If a customer uses 10,000 gallons per month, it would cost 5 cents per month. Mr. Garafia emphasized that the city has the infrastructure in place to accommodate the extra water. Mayor Neal noted that two of the Council's new priority issues are desalination and the Garwood water, and he suggested that staff bring back time lines to discuss those issues. In response to Mr. Kinnison, Mr. Garafia said the regional water plan will also be brought back soon. The Mayor said the Regional Water Planning Group also needs to be briefed on these issues. ********** ** In his report, Mayor Neal said city staff provided the Council with action plans on their priority issues and he asked staff to prepare an executive summary with accompanying time tables. He also encouraged continued improved relations with the Nueces County Commissioners Court over the next week as they strive to reach some solutions so the city can move forward on its proposed budget. He then called for Council reports. Mr. Chesney said he has been working on a plan with staff to develop support for city parks which he will bring to the Council for their information. He also asked if there was interest in changing the Council's meeting time to earlier in the day. The Mayor said they have discussed that issue previously and they can do so again. T Minutes - Regular Council Meeting July 10, 2001 Page 19 Mr. Garrett expressed concern about a plan to convert the Boys and Girls Club at La Armada into office space for the Housing Authority. He said that is a very useful program there and he does not want to see it closed. Mayor Neal said the executive director and some board members of the Boys and Girls Club brought their own concerns about that issue to him. He said he contacted the Housing Authority Commissioners, who said they thoroughly investigated the proposal and voted unanimously to support it because the numbers of young people using the facility had declined. He said the commissioners felt the proposal was in the long-term best interests of the Housing Authority. Mr. Longoria said he has several newspaper articles describing the history of the Boys and Girls Clubs as well as specific information about the club's location at La Armada. He said the reason the numbers have declined is because the Housing Authority has continued to encroach on the space previously available for youth. He added that most of the children in Corpus Christi's public housing projects live at La Armada. He said he agrees with Mr. Garrett's objection to the Housing Authority's proposal. Mr. Colmenero said the city has supported the Boys and Girls Club through CDGB funds, and he questioned if the Housing Authority's plans for educational programs would be a duplication of services. Mr. Noyola requested additional information on this issue. Mr. Longoria said the Municipal Court staff is planning a luncheon for school superintendents, board chairs and possibly truancy officers in August in order to introduce the new juvenile court program that is being implemented. He said the Council will be invited as well. He said they are also collecting applications for the judge's position for that court. The members of the Council's Municipal Court Committee are Mr. Garrett, Mr. Kelly, Mr. Scott and Mr. Longoria as the chairman. In response to Mr. Chesney and Mr. Kinnison, he described the selection process and time line for the judge's position. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:20 p.m. on July 10, 2001. * * * * * * * * * * * * *