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HomeMy WebLinkAboutMinutes City Council - 07/24/2001I 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 July 24, 2001, which were approved by the City Council on August 21, 2001. WITNESSETH MY HAND AND SEAL, this 21st day of August, 2001. SEAL T 1 Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 24, 2001 12:10 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly 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. Ed Seeger, Corpus Christi Metro Ministries, and the Pledge of Allegiance to the United States flag was led by Council Member Longoria. 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 July 17, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-32). No items were discussed. City Secretary Chapa polled the Council for their votes and the following were passed: 2. M2001-274 Motion approving a supply agreement with Metrocall, Corpus Christi, Texas, for radio paging service in accordance with the State of Texas Cooperative Purchasing Program, for an estimated two-year expenditure of $124,272. The term of the agreement will be for two years with an option to extend for up to two additional years, subject to the approval of the supplier and the City Manager or his designee. This service will be utilized by all City departments requiring radio paging service. Funds have been budgeted by the using departments in FY00-01 and requested for FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 3. M2001-275 Motion approving a supply agreement with Bay, Ltd., Corpus Christi, Texas for Minutes - Regular Council Meeting July 24, 2001 Page 2 approximately 20,000 tons of hot mix asphalt in accordance with Bid Invitation No. BI -0165- 01 based on low bid for an estimated annual expenditure of $609,800. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been requested for FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 4. M2001-276 Motion approving a purchase of one 1250 GPM pumper fire truck from the Houston - Galveston Area Council of Governments (HGAC) for the total amount of $382,105.89. The award is based on the Cooperative Purchasing Agreement with HGAC. Funds have been requested in the FY2000-2001 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. M2001-277 Motion approving a purchase of eight (8) covered picnic tables and five (5) trash receptacles from the following companies for the following amounts in accordance with Bid Invitation No. BI -0160-01, based on low bid meeting specifications for a total of $29,849. These items will be used by the Park and Recreation Department for the "Bay Trail Project." Funds have been budgeted by Park and Recreation in FY2000-2001. BJ's Park and Recreation Products Paul E. Allen, Co. Grand Magnolia. TX Austin. TX Total: Item 1 Item 2 $29,849 $27,224 $2,625 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6. M2001-278 Motion approving the purchase of computer network equipment and software from the following companies for the following amounts, in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $156,197.30. Funds are provided in the Juvenile Accountability Incentive Block Grant. Southwestern Bell DataComm Allvest Information Services Inc./Assessments.com Corpus Christi, TX Seattle, WA $108,857.40 $42,688 Minutes - Regular Council Meeting July 24, 2001 Page 3 DELL Marketing LP Round Rock. TX $4,651.90 Grand Total: $156,19730 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. M2001-279 Motion approving the purchase of 32 traffic signal video cameras and 16 traffic signal video processors from the following companies for the following amounts, in accordance with Bid Invitation No. BI -0171-01, based on low bid, for a total of $124,760. Funds have been budgeted by the Street Services Department in FY2000-2001. Texas Highway Products Control Technologies Inc. Grand Round Rock. TX Tomball. TX Total: Item 1 - $69,600 Items 2 & 3 - $55,160 $124,760 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8. M2001-280 Motion approving the purchase of one computerized wheel alignment system from Nuway Engine Plating, Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0170-01, based on low bid, for a total amount of $23,547. This equipment will be used by Maintenance Services and is a replacement. Funds are available in the FY2000-2001 Capital Outlay Fund. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9. M2001-281 Motion approving the purchase of nine heavy trucks in accordance with Bid Invitation No. BI -0155-01 from the following companies for the following amounts, based on low bid and low bid meeting specifications, for a total amount of $496,850. Eight units are replacements and one unit is an addition to the fleet. Funds are available in the FY2000-2001 Capital Outlay Fund. Crosstown Ford Sales Corpus Christi TX 2 Units - $135,941 Fleetpride Power Equipment Corpus Christi, TX 5 Units - $286,409 Grand Total: 496,850 Padre Ford Corpus Christi, TX 2 Units - $74,500 Minutes - Regular Council Meeting July 24, 2001 Page 4 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10. M2001-282 Motion approving the purchase of 2,400 feet of 12" coated and wrapped steel pipe in accordance with Bid Invitation No. BI -0172-01 from Texas Pipe and Supply Company, Corpus Christi, Texas, based on low bid for a total of $33,048. The pipe will be used by the Gas Department. Funds have been budgeted by the Gas Department in FY2000-2001. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11. M2001-283 Motion approving the purchase of five (5) automatic refrigerated samplers from Wingo Equipment Company, The Woodlands, Texas, in accordance with Bid Invitation No. BI - 0167 -01, based on low bid for a total of $19,575. The samplers will be used by the Wastewater Department and are replacements. Funds are available in the FY2000-2001 Capital Outlay Fund. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12. M2001-284 Motion approving the purchase of one 125 -kilowatt standby generator and one 500KVA emergency generator from Stewart and Stevenson, Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0145-01, based on low bid and low bid meeting specifications, for a total of $78,753. The 125 -kilowatt standby generator will be used by the Gas Department. Funds are available in the FY2000-2001 Capital Outlay Fund. The 500KVA emergency generator will be used at the Frost National Bank Building located at 2402 Leopard Street. Funds are budgeted in the No. 1020 General Fund for improvements to the Frost Bank Building in FY2000-2001. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13. M2001-285 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $145,300 with Sal -Con Inc. for the renovation of senior and recreation centers at the following sites: Lindale Recreation Center and Lindale Senior Center. T T 1 T Minutes - Regular Council Meeting July 24, 2001 Page 5 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14.a. RESOLUTION NO. 024509 Resolution authorizing the City Manager or his designee to enter into the second addendum to the intergovernmental agreement with Del Mar College District for the addition of four classrooms to the Central Kitchen project. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14.b. ORDINANCE NO. 024510 Ordinance appropriating $471,400 from the Del Mar College District Fund in the No. 1050 Federal/State Grants Fund for the addition of four classrooms in conjunction with the Central Kitchen project. 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." 14.c. M2001-286 Motion authorizing the City Manager or his designee to execute a construction contract with Van Fleet Construction in the amount of $1,110,800 for the Senior Community Services Central Kitchen project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 15. M2001-287 Motion authorizing the City Manager or his designee to execute a construction contract with Mendez Construction Company in the amount of $257,066.29 for the renovation and development of the following existing parks: Los Encinos Park, Parker Park, South Bluff Park, and St. Andrews Park. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 16. M2001-288 Motion authorizing the City Manager or his designee to execute a construction contract with Coastal Bend Fire Protection in the amount of $133,822 for the Corpus Christi Museum of 1 Minutes - Regular Council Meeting July 24, 2001 Page 6 Science and History fire suppression system. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17. M2001-289 Motion authorizing the City Manager or his designee to execute a construction contract with Berryman Roofing and Construction Inc. in the amount of $51,000 for the Convention Center roof repairs 2001 project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 18. M2001-290 Motion authorizing the City Manager or his designee to execute a construction contract with Bruton/Gomez and Company Inc. in the amount of $23,890 for the Fire Station No. 9 re -roof 2001 project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 19. M2001-291 Motion authorizing the City Manager or his designee to execute a construction contract with W.T. Young Construction Company in the amount of $273,000 for the stormwater pump station valves replacement and draw down pump addition. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 20. M2001-292 Motion authorizing the City Manager or his designee to execute a professional services agreement in an amount not to exceed $75,000 with Rimkus Consulting Group Inc. for indoor air quality and environmental services. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 21. ORDINANCE NO. 024511 Ordinance appropriating $8,970.83 from Brighton Village Unit 7C developer's contribution Minutes - Regular Council Meeting July 24, 2001 Page 7 to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 024130, which appropriated the trust funds, by adding $8,970.83 to the No. 6010 Drainage Channel 31 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." 22.a. ORDINANCE NO. 024512 Ordinance appropriating $826.65 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants Fund for a tool box for city vehicle number 2027 and a digital camera for the local Solid Waste enforcement program. 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.b. ORDINANCE NO. 024513 Ordinance appropriating $826.65 from the Coastal Bend Council of Governments in the No. 1050 Federal/State Grants fund to enhance and expand community cleanup events. 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.a. M2001-293 Motion authorizing the City Manager or his designee to execute all documents necessary to accept and implement the FY2001 Consolidated Annual Action Plan for Community Planning and Development (CPD) Programs that include the CDBG, ESG and HOME Programs. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23.b. ORDINANCE NO. 024514 Ordinance appropriating $8,446,519 in the Federal/State Grants Fund No. 1050 for the FY2001 Consolidated Annual Action Plan for Community Planning and Development Program projects/activities that includes: 1) $6,281,519 composed of $5,082,000 for FY2001 Community Development Block Grant (CDBG) projects, $750,000 of program income, and $310,736 of reprogrammed funds in addition to $138,783 that will be brought forward; 2) $173,000 for FY2001 Emergency Shelter Grant (ESG) activities; and 3) $1,992,000 for the FY2001 Home Investment Partnership (HOME) Program for projects/activities approved by the City Council on May 15, 2001 (Ordinance No. 024459). Minutes - Regular Council Meeting July 24, 2001 Page 8 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." 24. M2001-294 Motion authorizing the City Manager or his designee to execute subrecipient agreements for funds provided from the FY2001 Community Development Block Grant (CDBG) Program and the FY2001 Emergency Shelter Grant (ESG) Program. a. Boys and Girls Club of Corpus Christi - $75,000 for improvements to the facility located at 3902 Greenwood Drive. b. Coastal Bend Community Foundation - $100,000 for historic preservation to Artesian Park located at 813 North Chaparral Street. c. Corpus Christi Hope House - $25,000 for ADA and facility improvements located at 658 and 630 Robinson Drive. d. Corpus Christi Independent School District - Rose Shaw Special Emphasis School - $33,985 for the development of an appropriate playground for young children to include ADA accessibility at 844 Virginia Street. e. Corpus Christi Metro Ministries Inc. - $69,405 for facility improvements located at 1906 and 1919 Leopard Street. f. Gulf Coast Council of La Raza - $30,000 for ADA and facility improvements located at 721 Omaha Street. g. Nueces County Community Action Agency - $80,000 for minor repairs that will supplement their weatherization program. h. YWCA Corpus Christi - $29,557 for ADA improvements to their facility located at 4601 Corona Drive. i. Catholic Charities of Corpus Christi Inc. - $10,000 for homeless activities. j. Corpus Christi Hope House Inc. - $10,000 for homeless activities. k. Corpus Christi Metro Ministries Inc. - $50,000 for homeless activities. 1. Gulf Coast Council of La Raza - $25,000 for homeless activities. m. The ARK Assessment Center and Emergency Shelter for Youth - $10,000 for homeless activities. n. The Salvation Army - $25,000 for homeless activities. o. The Women's Shelter - $43,000 for homeless activities. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25. M2001-295 Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural Commission, consisting of arts specialists, to review applications for the FY2001-2002 Arts Subgrant Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting July 24, 2001 Page 9 Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 26.a. M2001-296 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $200,803 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 26.b. ORDINANCE NO. 024515 Ordinance appropriating $200,803 from a grant awarded by the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Senior Companion Program. 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." 27. RESOLUTION NO. 024516 Resolution authorizing the City Manager or his designee to execute an interlocal cooperation agreement with West Oso Independent School District for a term of one year (which shall automatically renew every year unless terminated by either party with at least 30 days notice prior to the renewal date) for the City of Corpus Christi to operate a Latchkey Program and Latchkey Camps on designated district campuses. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 28.a. WITHDRAWN Mutloll autllorizlltg th lty Manag�l of lus dcslgltcc tOa Cp ltlou ,846 fiom the U.S. Dcpalt'nent of Justicc, Offee of Juocnik Juslicc and D l:nqucncy ec„tion for-fundwg available nndLa the InvigatI c Satcllitc 1111 28.b. WITHDRAWN c iamance appiopi la nig 344,cc rants Fund fur lave 1w g w ucvclUll �ll1011.l.11l[.11L Y 11 ;c, investigative—or bcAual c yluitatiuu of 1111 1111 uffcllsca. Minutes - Regular Council Meeting July 24, 2001 Page 10 29.a. RESOLUTION NO. 024517 Resolution authorizing the City Manager or his designee to accept a $249,785 Title V Delinquency Prevention Grant from the Criminal Justice Division of the Governor's Office to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at -risk youth, with a commitment to provide an in-kind match of at least 34% of the total grant budget. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 29.b. ORDINANCE NO. 024518 Ordinance appropriating a $249,785 Title V Delinquency Prevention Grant from the Criminal Justice Division of the Governor's Office in the No. 1050 Federal/State Grants Fund for Municipal Court processing and tracking of status offenders and Juvenile Assessment Center at -risk youth services. 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." 30. RESOLUTION NO. 024519 Resolution approving the submission of a grant application in the amount of $333,467 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY2001 Local Law Enforcement Block Grants Program to purchase law enforcement equipment for the Police Department. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 31. RESOLUTION NO. 024520 Resolution authorizing the City Manager or his designee to execute an amendment to the interlocal cooperation agreement between the City of Corpus Christi and Kleberg, Nueces, and San Patricio counties to share operating and maintenance costs of an integrated alert notification and information system. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 32. ORDINANCE NO. 024521 Ordinance appropriating $380,000 from paving assessments in the No. 3530 Street Capital T Minutes - Regular Council Meeting July 24, 2001 Page 11 Projects Fund; transferring $250,000 to the No. 2010 General Obligation Debt Service Fund for the annual debt service payment; transferring $130,000 to the No. 1020 General Fund to reimburse the collections activity. 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." * * * * * * * * * * * * * Mayor Neal referred to Item 33, the continuation of the public hearing that was opened during the July 17th Council meeting regarding the following zoning case: 33.a. Case No. 0501-01. Corpus Christi Outpatient Surgery. Ltd.: A change of zoning from an "R- IB" One -family Dwelling District with a "SP" Special Permit and "R-2" Multiple Dwelling District with a "SP" Special Permit to a "B-1" Neighborhood Business District on Port Aransas Cliffs, Block 816A, Lot 66, and north one-half portion of the Proctor Ditch, located on the east side of South Alameda Street, approximately 650 feet south of Ropes Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a special permit for a shopping center subject to a site plan and eleven (11) conditions. Mr. Michael Gunning, Director of Planning and Development, explained that originally the applicant had requested a use privilege agreement to use some of the Proctor Channel Ditch for additional parking. He said the Proctor Channel is a sloped drainage way that rarely carries any water, which lends itself as a usable open space for pedestrian and recreational activities. Mr. Gunning said staff does not recommend using open spaces for parking areas unless a public benefit can be defined. In this case, the benefit would be the construction of a hike and bike trail between Topeka and Alameda streets. He explained the dimensions of the proposed parking area and specific aspects of the use privilege agreement. Mayor Neal asked how long the surgery center had been in violation of the ordinance by allowing parking on the grass next to their offices. Mr. Gunning replied that he noticed it about six months ago. Responding to additional questions from the Mayor, Mr. Gunning said the parking area and bike trail would extend about 24 feet into the drainage way, adding that he has not seen any cost estimates for that construction (which is the applicant's responsibility). Council Member Kelly asked about a situation in which a large storm might cause cars to fall into the drainage ditch and whether this proposal sets the city up for liability. Mr. Doyle Curtis, Senior Assistant City Attorney, said the agreement contains a very strong indemnity clause which protects the city as much as possible. Mr. Angel Escobar, Director of Engineering Services, said once the engineering plans for the construction area are submitted, staff can evaluate that much better. He said upon visiting the site, he believes there is ample room for the parking area and bike path. Mr. Gunning added that both the Engineering and Stormwater departments indicated that this area is not Minutes - Regular Council Meeting July 24, 2001 Page 12 needed for drainage purposes. Responding to Council Member Scott, Mr. Gunning said the bike trail will tie into the sidewalk on Topeka Street. Mr. Escobar said there are plans to eventually continue the bike trail to Santa Fe Street. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Longoria, and passed. Mr. Longoria then asked several questions about the project. Mr. Escobar said he met with Mr. Milton Lorenz, who said he was opposed to an outright `B-1" zoning for the property that would allow incompatible uses and to the use of the city's drainage ROW for parking. He said another citizen said this area was delineated for drainage and should be retained for that use. He further explained the parking arrangement between the applicant and the owners of the shopping center. Mr. Longoria said he feels this proposal will impact the neighborhood. Mr. Gunning replied that there are many conditions in the special permit that are intended to protect the adjacent homes. Mr. Gunning said he had told one of the parties that this hearing would not occur until 2 p.m.; consequently, Mayor Neal suggested that this item be delayed until later in the Council meeting. (Note: The additional discussion and action on Item 33 is on pages 18 and 19 of these minutes.) * * * * * * * * * * * ** Mayor Neal opened discussion on Item 35, auto theft prevention. State Representative Vilma Luna said that when the Texas Legislature was going through the budget process, she asked that the state direct auto theft prevention funds to areas that had previously not received such grants, such as the City of Corpus Christi. She commended staff for their efforts in pursuing this grant. Mayor Neal and Council Member Chesney thanked Rep. Luna for her hard work in Austin on behalf of the city, particularly regarding redistricting. Nueces County Sheriff Larry Olivarez and Police Chief Pete Alvarez also praised Rep. Luna for her efforts in enabling the city to receive the grant monies. City Secretary Chapa polled the Council for their votes as follows: 35.a. M2001-297 Motion authorizing the City Manager or his designee to accept a grant in the amount of $449,736 from the Texas Automobile Theft Prevention Authority (ATPA) to establish a proactive motor vehicle theft enforcement unit in the Police Department and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 35.b. ORDINANCE NO. 024524 Ordinance appropriating $449,736 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1050 Federal/State Grants Fund to establish a proactive motor vehicle Minutes - Regular Council Meeting July 24, 2001 Page 13 theft enforcement unit in the Police Department; transferring $20,050 from the No. 6010 Law Enforcement Trust Fund, and appropriating $20,050 in the No. 1050 Federal/State Grants Fund as grant matching funds. 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." * * * * * * * * * * * * * Mayor Neal referred to Item 34, and a motion was made, seconded, and passed to open the public hearing for the application to re -name Elbow Drive to Pescadores Drive between Almeria Avenue and Park Road 22. Mr. David Seiler, City Traffic Engineer, said the applicant is St. Andrew by the Sea Catholic Church, which owns property abutting this section of Elbow Drive. He said along the constructed section of the street there are undeveloped properties which are zoned residential and on the other side of the street is property owned by St. Andrew's Church. On the "paper" (unconstructed) street section, there are two undeveloped lots and the Monterrey Motel, which fronts on Park Road 22. Mr. Seiler said the reason for the street name change is that the church intends to construct a rectory on the property fronting on Elbow Drive. The church members chose "Pescadores," which is the Spanish word for "fishermen" and is the recorded livelihood of St. Andrew. He added that several other streets on Padre Island have Spanish names and he noted that there was no opposition to the proposed street name change. No one appeared in opposition at the Council meeting. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Colmenero asked about the origin of the street names in that area, particularly Elbow Drive. Mr. Seiler said the developer selects the names. City Secretary Chapa polled the Council for their votes: 34.b. FIRST READING ORDINANCE Ordinance changing the name of Elbow Drive to Pescadores Drive between Almeria Avenue and Park Road 22 The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 36, health insurance changes. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 36. M2001-298 Motion to approve a 3% health insurance premium increase and emergency room co -pay Minutes - Regular Council Meeting July 24, 2001 Page 14 increase to $50 per visit for Citicare and Citicare Q -Plus for implementation on August 1, 2001. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 37, solid waste containers. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 37. ORDINANCE NO. 024525 Ordinance amending the City Code of Ordinances, Chapter 21, Garbage, Trash, and Other Refuse regarding the disposal of yard waste and eliminating the limit on the number of containers that may be set out by residential customers; providing for penalties. 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 38, disposal dumpsters. There were no comments from the audience. Council Member Garrett asked if a citizen will be able to get a second garbage container for his or her home. Mr. Garcia replied that the Council will be given a detailed presentation about the automated garbage collection program when it is implemented. City Secretary Chapa polled the Council for their votes as follows: 38. ORDINANCE NO. 024526 Ordinance amending the City Code of Ordinances, Chapter 21, Garbage, Trash, and Other Refuse, and Chapter 53, Traffic, regarding placement of disposal dumpsters within rights -of - ways; providing for penalties. 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 39, Solid Waste ordinance changes. Mr. Jeffrey Kaplan, Director of Solid Waste Services, used a computer presentation to review the proposed ordinance, which includes the creation of a municipal solid waste system service charge that will be applied to waste generators within the city limits. He noted that the service charge will 1 r T Minutes - Regular Council Meeting July 24, 2001 Page 15 cover the costs of operating a comprehensive solid waste system which were previously recovered through a bundled tipping fee. Mr. Kaplan said concerns that have been raised about the proposed service charge are that it is unfair and discriminatory. In response, he explained that the charge of $11.42 per ton and $0.46 per cubic yard applies to all generators, and discounts are applied for partial payments, whether the hauler has a "put -or -pay" contract or cash only. With regard to the concern about the application of funds collected and penalties, he said staff is recommending amending the ordinance prior to second reading to address that concern. Mr. Kaplan said the haulers with put -or -pay contracts felt they should receive a greater credit under the service charge, so the fee was adjusted to $5/ton and $0.30/cubic yard with a $6.42/ton credit and a $0.16/cubic yard credit. He said the ordinance was also amended to address questions about the record keeping and auditing requirements and proprietary information. The Solid Waste Services Director also discussed the proposed change to Sec. 21-6 of the ordinance regarding periodic review and adjustment of fees and charges. Council Member Longoria said he felt the language needed to be clarified even more to say "and recommend to the City Council changes to this chapter." Mr. Kaplan said the question was also raised as to the highest minimum insurance coverage required for permitted haulers in any category of insurance and the response is $1 million, which basically applies to auto and general liability. He also reviewed the median family income for comparative cities. Mayor Neal asked how the city defines a "self -hauler." Mr. Kaplan said a self -hauler is a person who operates a business and wishes to haul his trash himself to a disposal facility. He said some examples are recycling companies and small industries. Mr. Jay Reining, First Assistant City Attorney, said other self -haulers are small landscape and construction contractors. Mr. Kaplan said they will be required to carry professional pollution liability insurance, probably at a lower rate. Mr. Reining added that the ordinance calls for the Risk Manager to set the insurance rates. In response to another question from the Mayor, Mr. Lawrence Mikolajezyk, Assistant Director of Solid Waste Services, said if the ordinance is approved, there will be a notification period at the landfill. In addition, insurance requirements will be delineated through the permitting process. Mr. Garcia said the city's largest liability at the landfill is the dumping of hazardous waste and illegal materials. Replying to Council Member Kelly, Mr. Kaplan said that if approved, the new fee will take effect August 1, 2001. Mr. Kelly asked whether the fee would be charged if the waste originates outside the city limits and is brought to the city's landfill for disposal. Mr. Garcia said the only charge that would be incurred would be the fee at the landfill and the major issue in that case would be the nature of the city's relationship with the hauler; i.e., whether he has a contract rate or is paying cash at the scale. 7 T 1 Minutes - Regular Council Meeting July 24, 2001 Page 16 Council Member Noyola said he thinks the pollution liability insurance will affect many small haulers. Mr. Kaplan said the Risk Manager will set the rates, which will vary depending on the liability that the hauler may incur. A discussion about liability issues ensued. Responding to Council Member Colmenero, Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said that self -haulers will be given a decal once they go through the permitting process which identifies them as such, while residential customers will only be required to bring their utility bill in order to dump trash at the landfill. He added that the insurance requirements will not apply to residential customers. Mr. Reining and Mr. Jorge Cruz-Aedo, Director of Financial Services, also responded to other questions from Mr. Colmenero regarding risk management issues. Council Member Garrett asked if businesses inside the city limits are being charged more. Mr. Kaplan said the city does not have the jurisdiction to charge a fee to businesses outside the city limits. He noted that the majority of businesses in the city fall under the cash customer delivery or the put -or -pay basis (although some do not). Mayor Neal postponed discussion on Item 39 to read the day's proclamations. Returning to Item 39, Mr. Longoria questioned the haulers' contracts. Mr. Massey said two contracts were developed --one which guarantees tonnage at the city's Elliott Landfill and one which guarantees usage of the landfill (but not tonnage). Mr. Massey further discussed specific aspects of the city's put -or -pay contract with a particular hauler (BFI), as well as the other types of contracts and the effect of the solid waste system service charge. Mayor Neal called for public comment on Item 39. Mr. J.E. O'Brien, 4130 Pompano, said that for the last five years the Solid Waste Department has been netting over $6 million per year, and he believes residential customers' payments are a large part of that. He questioned whether increasing residential rates by 82 cents is fair and necessary. Mr. Massey said the city did not charge on the residential side for any disposal. He said some of the "net" revenue has been used to repair streets which were damaged through the operation of municipal and private solid waste vehicles. He said audits have shown that even when the city applies the tipping costs, it does not cover all of the expenses on the residential side for disposal of solid waste. Mr. John Bell, representing Corpus Christi Disposal Service Inc., explained why his clients did not sign a put -or -pay contract with the city. He said city staff told them that they would be required to guarantee 87% of their 1999 gross tonnage and BFI's tonnage would be based on a combination of tonnage due to mergers that occurred. However, he said BFI is only committing 150,000 tons and C.C. Disposal feels they will be measured on a different scale than BFI. Mr. Bell said while he appreciates the proposed change regarding confidentiality of records, there is still the issue of stickers on dumpsters. He also discussed the way the fee will be calculated based upon container size and the number of trips per month, as well as the fee structure in general. He asked that the effective date of the new billing system be delayed. Minutes - Regular Council Meeting July 24, 2001 Page 17 Mr. John Torrey, owner of Captain Hook Dumpsters, said he signed a put -or -pay contract with the city and he asked about the cost of the stickers. Mr. Massey replied that it will cost $1.00 per sticker. He asked what the cost would be to dispose of one ton of trash for him and for a hauler without a contract. Mr. Kaplan said Mr. Torrey would pay $25.75 per ton while another hauler would pay $27.67 (which includes the $1.17 street allocation). Mr. Torrey said staff needs to look at the issue of pollution liability insurance. Ms. Debbie Lindsey -Opel, representing the Corpus Christi Chamber of Commerce, said this is a very complex ordinance. She said as the city incrementally increases the cost of doing business here, it may have an effect on new businesses relocating to this area. She added that the overall utility costs for her employer, H -E -B, are higher here than anywhere else, which she explained. Council Member Scott asked staff to respond to Mr. Bell's comments. Mr. Massey said the city would not be able to execute the system service charge as suggested by Mr. Bell because the city would not want to double charge businesses. He used specific figures to explain the charges and he and Mr. Kaplan discussed BFI's historical tonnage and C.C. Disposal's loss of customers. Mr. Kelly asked why the city could not delay the implementation of this ordinance until September 1st. Mr. Massey replied that the budget was prepared based on 12 months of revenue. Responding to Mayor Neal, Mr. Kaplan said staff anticipates receiving approximately 200,000 total tons inside the city limits. A discussion ensued regarding access to a vendor's sales tax records. Mr. Garcia explained that the put -or -pay contracts were approved separately from the ordinance. Mr. Bell said the ordinance requires haulers to provide copies of all reports filed with the comptroller of public accounts. Mr. Reining said staff will totally review the ordinance after it has been in effect for about a year to determine if there are better ways to operate. Mr. Garcia said that in order for any city fee to be valid, it has to have a direct link to the service being provided. He said with regard to the solid waste system service charge, the city is not trying to tax the hauling business but rather to assess a fee to operate the landfill to the people who generate the waste. Mayor Neal asked if franchise fees are passed through, and Mr. Bray said this fee is different because it is a service charge to the generator of the waste. Mr. Kinnison said it is not unexpected for the Council to have questions about this proposal, which he said is a work in progress. Mr. Scott said it seems that the better system to use is gross receipts. Mr. Massey said staff is recommending using the concept of tonnage and cubic yards because it is information they have versus gross receipts information, which they do not have. He said they feel using gross receipts will create some inequities because of the put -or -pay contracts. Mr. Garcia added that the city is also dealing with a legal environment that is very heavily regulated. He said staff has had some discussions with the Council in closed session where they have gone through the legal history and have tried to develop a fee structure that will stand up to legal challenges. He said he believes Mr. Bell's proposal has a much weaker legal basis in terms of the city's ability to defend it than staff's proposal. Minutes - Regular Council Meeting July 24, 2001 Page 18 City Secretary Chapa noted that Item 39.a. is a motion to amend ordinance 39.b. by substituting a revised ordinance. Mr. Scott made a motion to approve the amendment, seconded by Mr. Kinnison, and passed unanimously. 39.a. M2001-299 Motion to amend prior to second reading the Municipal Solid Waste System Service Charge ordinance by substituting a revised ordinance. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mr. Longoria made a motion to amend Item 39.b., seconded by Mr. Scott, to add the words "to the City Council" after the words "and recommend" in Sec. 21-6 of the ordinance. Mayor Neal called for a voice vote and the motion to amend passed unanimously. Mr. Chapa then polled the Council for their votes on Item 39.b. on its second reading as follows: 39.b. ORDINANCE NO. 024527 Ordinance amending the City Code of Ordinances, Chapter 21, Garbage, Trash, and Other Refuse regarding permitting commercial collection of solid waste within the city, permitting commercial solid waste vehicles, and establishing the Municipal Solid Waste System Service Charge; providing for penalties; and providing for an effective date. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Chesney, Colmenero, Garrett, and Noyola voting "No." * * * * * * * * * * * * * Mayor Neal returned to the discussion on Item 33. A motion was made, seconded and passed to reopen the public hearing on zoning case No. 0501-01. Mr. Gunning said Mr. Flato, who was representing the applicant, Corpus Christi Outpatient Surgery Ltd., was present to answer any questions. Mr. Escobar referred to a diagram to discuss distances between the bike trail and the parking area. He said this proposal will not impede drainage. There was no public comment in opposition. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 33.b. ORDINANCE NO. 024522 Ordinance authorizing the City Manager or his designee to execute a yearly renewable right- of-way (ROW) maintenance and parking agreement with Farmington Square Inc. (permittee) for ROW abutting property leased by permittee to Corpus Christi Outpatient Surgery Center, Ltd. (3636 S. Alameda); requiring permittee to construct a hike and bike trail and construct Minutes - Regular Council Meeting July 24, 2001 Page 19 and maintain a paved parking area in a portion of Proctor Drainage ROW (Lots 1 & 64, Block 816, Port Aransas Cliffs) and in return allowing the public who access the surgery center to jointly use the parking with the public who park and access the hike and bike trail, with specified conditions; establishing a yearly fee of $1,338. 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." 33.c. ORDINANCE NO. 024523 Ordinance amending the Zoning Ordinance upon application by Corpus Christi Outpatient Surgery Ltd. by changing the zoning map in reference to Lot 66, Block 816A, Port Aransas Cliffs and the north 24 feet of the Proctor Ditch (currently zoned "R -1B" One -Family Dwelling District and "R-2" Multiple Dwelling District) by granting a special permit for a shopping center subject to a site plan and eleven (11) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 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." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 42, security deposits for utility customers. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 42. ORDINANCE NO. 024530 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding security deposits for utility customers. 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." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 43, utility rates. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 43. ORDINANCE NO, 024531 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; providing for an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Minutes - Regular Council Meeting July 24, 2001 Page 20 Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 44, Health Department fee increases. There were no comments from the audience. Mr. Scott said he had received many calls opposing the proposed fee increase for pet licenses and the new fee for service of privately owned small animal traps and he wished to amend the ordinance. Responding to Mr. Colmenero, City Manager Garcia said the ordinance calls for a single permit for a rodeo event (not per -animal permits) and the only event that requires such a permit is the Buccaneer Days Rodeo. Mr. Colmenero and Mr. Garrett echoed the same concerns as Mr. Scott about the two fees. Mr. Kelly said he had also received calls opposing the small animal trap service charge. Mr. Kinnison asked about the impact of not increasing the fees for pet licenses and small animal traps. Mr. Mark McDaniel, Director of Management and Budget, said it would result in a revenue loss of $29,800--$22,300 for the pet licenses and $7,500 for the animal trap fees. In response to Council Member Longoria, Mr. Garcia said the Health Department has a very limited number of Animal Control officers who have to respond to a wide variety of calls for assistance. Mr. Scott made a motion, seconded by Mr. Kelly, to amend Item 44 to eliminate the new annual fee of $25 for service of privately owned small animal traps. Mayor Neal called for a voice vote and the motion to amend passed. Mr. Chesney made a motion to amend Item 44 to keep the pet license fee at $10 (rather than increasing it to $15); seconded by Mr. Colmenero. Mr. Scott said he was not aware that not raising that fee would result in a $22,300 loss in revenue. City Secretary Chapa polled the Council for their votes on Mr. Chesney's motion to amend and it passed as follows: Chesney, Colmenero, Garrett, Kinnison, and Scott voting "Aye"; Neal, Kelly, Longoria, and Noyola voting "No." Mr. Chapa then polled the Council for their votes on Item 44: 44. ORDINANCE NO. 024532 Ordinance amending Sections 6-18, 23-20 and 23-57 of the City Code of Ordinances to increase the following annual fees: rodeo commercial animal permit fee from $50 to $200; sewage inspection fee from $60 to $200; and property swimming pool inspection fee from $25 to $50; providing for an effective date. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * T 1 r Minutes - Regular Council Meeting July 24, 2001 Page 21 Mayor Neal opened discussion on Item 41 regarding the Compensation and Classification Plan. He said that in response to a concern raised, he asked City Attorney Bray to include an amendment to state that volunteers working under a City Manager -approved program, election workers, and Council members (elected officials) will be covered under the city's workers compensation plan. He then called for public comment. Mr. Jack Gordy said that last week he objected to the proposed new subsection of the plan (Subsection 850.2 providing for car allowances for officers and employees in the Executive Pay Plan and Council members based upon reasonable travel expenses incurred). He said the authority for car allowances has always rested with the City Council and now they wish to give the authority to someone else. He said it is considered compensation according to the IRS regulations. Council Member Kinnison said the reimbursement for car expenses is included in the Form 1099 that all the Council members receive and it is a reporting requirement for city staff members. Mr. Garcia said it is included as income for the staff and Council members. Mr. J.E. O'Brien said he also strongly opposes the adoption of Subsection 850.2 because there is a question about whether or not it violates the compensation clause outlined in the City Charter. He said that in 1993 senior city staff members had their car allowances removed and were given salary increases. He said if they receive another car allowance it amounts to "double-dipping." Council Member Garrett asked if there is any conflict between the City Charter or city, state or federal law regarding car allowances. Mr. Bray replied that Council members can have car allowances as long as they are on a reimbursement basis. Mr. Garcia said staff surveyed about 25 cities and in every case the Council members of those cities received car allowances for city business they conducted. Mr. Kinnison made a motion to amend Item 41 to create a new Subsection 715 regarding workers compensation, seconded by Council Member Longoria, and passed. City Secretary Chapa polled the Council for their votes as follows: 41. ORDINANCE NO. 024529 Approval of Ordinance amending Ordinance 3658, as amended, Section 100, Subsection 103, adding the principal secretary to the mayor as an at -will exception to the Classified Service; approval of Ordinance amending Ordinance 3658, as amended, Section 250, Subsections 251 through 257, by revising these classification schedules as reflected in Exhibit A; approval of Ordinance amending Ordinance 8127, as amended, Section 500, Subsection 501, by deleting the Classified Salary Schedule effective FY 2000-2001. and replacing it with a new schedule effective August 13, 2001, that provides a 3% cost -of -living increase for Classified Employees and adjusts salary ranges by 3%, effective August 13, 2001, as shown in Exhibit B; approval of Ordinance amending Ordinance 8127, as amended, Section 510, by deleting the Managerial Group Pay Plan for FY 2000-2001, and replacing it with a new Managerial Group Pay Plan pay schedule effective August 13, 2001, that provides a 3% cost -of -living increase for Managerial Group Employees and adjusts salary ranges by 3%, as shown in Exhibit C; approval of Ordinance amending Ordinance 8127, as amended, Section 520, by Minutes - Regular Council Meeting July 24, 2001 Page 22 deleting the Executive Pay Plan FY 2000-2001, and replacing it with a new Executive Pay Plan schedule effective August 13, 2001, that provides a 3% cost -of -living increase for Executive Pay Plan Employees and adjusts salary ranges by 3%, as shown in Exhibit D; approval of Ordinance amending Ordinance 8127, as amended, Section 700, to add a new Subsection 707.2 to define eligibility of employees to participate as retirees in city's group health insurance program; approval of Ordinance amending Ordinance 8127, as amended, Section 700, adding a new Subsection 707.3, to provide authority for City Manager to authorize up to $8,000 in documented funeral expenses for employees who lose their lives while on duty due to on-the-job injuries; approval of Ordinance amending Ordinance 8127, as amended, Section 700, by adding a new Subsection 708.4 to authorize a Shift Differential Pay Program; approval of Ordinance amending Ordinance 8127, as amended, by adding a new Section 714, to clarify add-on pays for Police and Fire Chiefs in compliance with State Law, Chapter 143; approval of Ordinance amending Ordinance 8127, as amended, Section 850, to revise Subsection 850.1 and add a new Subsection 850.2 providing for car allowances for officers and employees in the Executive Pay Plan based on market conditions and travel expenses, and providing for car allowances for Council members based upon reasonable travel expenses incurred. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for a brief recess. Upon reconvening, he opened discussion on Item 45, delinquent penalty charge for marina tenants. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 45. ORDINANCE NO. 024533 Ordinance amending the Code of Ordinances, Section 12-79(e) to increase the delinquent penalty charge for marina tenants. 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 46, Convention and Visitors Bureau budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 46. RESOLUTION NO. 024534 Resolution approving the Fiscal Year FY2001-2002 Budget for the Corpus Christi Convention and Visitors Bureau. Minutes - Regular Council Meeting July 24, 2001 Page 23 The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 40, second reading of the FY 2001-02 budget. Council Member Garrett said that during a previous discussion on the budget (on June 26, 2001), he had made a motion to allow the Buccaneer Commission and Bayfest Inc. to pay 50% instead of 100% of the expenses those events incur when they are held. He said he wished to withdraw that previous motion. He said his intent was to address the policy which establishes those cost reimbursements. He then made another motion to rescind earlier actions related to this matter and ask the City Manager to come back in 60 days with an action plan to address the policy regarding Buc Days, Bayfest and other events. Mr. McDaniel said that when the Council considered the budget on first reading last week, it contemplated a 2.5% growth in assessed valuations and a 4 cent increase in the tax rate, which consisted of .9609 cents for operation and maintenance in the General Fund and 3.039 cents for debt service. He said staff was informed last Friday by the Nueces County Appraisal District that the city actually experienced a 4.9% growth in assessed values, which was not anticipated. As a result, the proposed budget only requires a 2.6 cent increase for voter -approved debt and not for operation and maintenance. Council Member Noyola said that while he thinks staff did a good job on the budget, he is not going to support it because of the increase in utility rates and residential solid waste fees. Council Member Kinnison said that according to staff, the amount needed for debt service for just the Bond 2000 projects is an increase of 2.04485 cents per $100 valuation. He said he wished to propose an amendment to the General Fund budget which would reduce the tax rate increase from 2.60584 cents to 2.04485 cents. Mr. Kinnison then distributed copies of his proposal to the Council, which he had discussed with staff in detail over the last few days. He said his proposal to reduce the tax rate for the non-exempt (non-voter approved) portion of the debt service results in a decrease in revenue of $345,957. In lieu of the $345,957, Mr. Kinnison suggested revenue and expenditure amendments. He discussed the following increases in revenue: a transfer from the Maintenance Service Fund reserve of $35,000; additional Municipal Court revenue of $50,000; and the adjustment resulting from the Buc Days and Bayfest events of $46,235, which results in total amended revenues of $142,507,569. Regarding General Fund expenditures, Mr. Kinnison proposed the following (with input from staff): reducing the landfill cell opening reserve by $64,722 and a reduction in energy/power costs of $150,000, for total amended expenditures of $142,507,569. And to accommodate the additional Council budget requests previously discussed, he proposed reducing the amount needed for the refuges of last resort in the amount of $29,500. He said staff assured him that action will not affect the shelter program because supplies have already been purchased in the current fiscal year. Minutes - Regular Council Meeting July 24, 2001 Page 24 Mr. Kinnison then made a motion to amend Item 40 to reflect the figures he stated, seconded by Council Member Scott. Council Member Chesney thanked Mr. Kinnison and city staff for their efforts in preparing the budget. With regard to Mr. Garrett's motion regarding Buc Days and Bayfest, Mr. Chesney said he hopes the Council will support a change in the policy for those events once a proper presentation is made. He seconded Mr. Garrett's motion to have staff bring back a recommendation in 60 days. In response to Mr. Scott, Mr. McDaniel said that after the city received the information about the assessed values late Friday, he and Mr. Cruz-Aedo met with Mr. Kinnison to discuss several financial issues, including the value of the debt payments from year to year and the reserve requirement. City Manager Garcia said he has talked with Mr. Kinnison about his recommendation. However, staff is still recommending the 2.6 cent rate increase because they feel it is the prudent thing to do in order to ensure adequate reserves to pay the debt. He said staff also wants to ensure that the Council is not faced with major tax increases in subsequent years as the debt requirements come into play. He said Mr. Kinnison's recommendation of a 2.04 cent increase is the absolute minimum the city needs to meet the financial obligations incurred by the passage of the bond projects. Mr. Scott pointed out that budget adjustments could be made to accommodate those requirements. Responding to additional questions from Mr. Scott, Mr. Garcia said that last year the city issued certificates of obligation to complete the voter -approved 1986 bond projects. He said the city has a continuing obligation to pay its debt and it has refinanced several bond issues. Mr. Garcia added that the 2000 bond issue debt was structured so that the payments are minimized right now and when the old debt begins to drop off in five years, the obligation for the new debt will increase. Additional discussion ensued. Mr. McDaniel showed graphs to illustrate the debt service amounts. Deputy City Manager Noe pointed out that the debt amount is not a fixed number and has to be computed each year as part of the budget process. He added that the increase is not being used for operations but rather just for debt service. Mr. Kinnison said he would rather defer collecting the additional amount for about two years if it can be done in the manner presented. Mayor Neal said that every year debt service is funded first and the General Fund budget is prepared afterward. In reply to Mr. Chesney, Mr. Noe said the 2.04 cents is the amount of the debt service increase that is required for the 2000 bonds, which is outside the tax cap. The remaining .6 cents is for debt service for the 1986 bond issue which was approved by the voters; however, it is not subject to the same tax cap exemption. Mr. Chesney said he has stated that he will only support an increase that was voter -approved. Mr. Garcia reiterated that there were a number of projects that were approved by the voters in 1986 that were not completed. In order to complete those projects, the previous Council issued certificates of obligation --a financing option granted to cities by the state legislature for that purpose. Minutes - Regular Council Meeting July 24, 2001 Page 25 Mr. Noe said that the additional Municipal Court revenue included in the budget figures is based on a 30% pass-through charge for collection services the Council will be asked to approve. Council Member Kelly said he supports Mr. Kinnison's motion, adding that the Council has to be scrupulous about only spending money on voter -approved projects. Mr. Garcia said the Council has the responsibility to manage the city's overall debt and staff is proposing to have modest increases in future obligations versus taking the minimum amount with the understanding that at some point in the future a substantial tax increase will be required. Mr. Kelly said it is an issue of perception and staff's recommendation would be a breach of promise to the voters. Mr. Scott asked why the debt obligations are not factored into the five-year projections. Mr. Noe said there is a forecast on General Fund operating revenues but it does not include debt; however, staff can include that if the Council wishes. Mr. Scott also asked about the budget for the shelters of last resort, and Mr. McDaniel said since the city has never opened shelters for a hurricane, some assumptions were made in the budget figures. Mayor Neal called for public comment. Mr. J.E. O'Brien said reducing some of the proposed fee increases was a step in the right direction. He said that last week he had suggested a token reduction in the Mayor's budget or the Council's budget, which has experienced increases. He said there should also be a reduction in the Maintenance Services budget because he said they charge other departments very high prices for work performed. He said if the utility system has "excess revenues," he questioned how the Council could justify raising the utility rates. Mr. O'Brien also discussed the issue of debt service in relation to the assessed values and the tax cap. Mr. Abel Alonzo, 1701 Thames, said he understands that the budget process has been difficult but he feels that public confidence is improving, as evidenced by the bond 2000 projects which were approved and the vote on Packery Channel. He said the Council will have to address other issues such as the crime control district, economic development, and a fire prevention district. He commended the Council and he said he hopes they can continue to work with county officials. Mayor Neal called for a voice vote on Mr. Garrett's motion to add back in the Buc Days and Bayfest reimbursement amount of $46,235 with a policy discussion to be held within 60 days. The motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." The Mayor then called for a voice vote on Mr. Kinnison's motion to amend Item 40 as he discussed (the information he distributed to the Council). The Mayor noted there was one addition to the printed material --reduction of $29,500 to the refuge of last resort reserve with the understanding that it will not affect the implementation of that program. The motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal thanked staff for their work in preparing the budget. Specifically addressing department heads, the Mayor said he and the Council members expect them to be held accountable Minutes - Regular Council Meeting July 24, 2001 Page 26 for administering the budget prudently. Mr. Colmenero echoed the Mayor's comments, adding that this budget is a framework for future years as the city moves forward. Mr. Kinnison thanked staff for their cooperation and said the city's financial position has greatly improved over the last three years, which he hopes will continue. Mr. Noyola said his constituents frequently discuss city finances and he extended his thanks to city staff for their efforts. City Secretary Chapa polled the Council for their votes on Item 40 as follows: 40. ORDINANCE NO. 024528 Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2001; to be filed with the County Clerk; appropriating monies as provided in said budget; and providing for severance. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No." Mayor Neal called for public comment on items not on the agenda, and there was none. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 47, development of a city-wide compensation and classification system. There were no comments from the audience. Responding to Council Member Longoria, Ms. Cynthia Garcia, Director of Human Resources, said the cost will be cut in half by utilizing an employee team to do much of the "leg work" for the consultants. She said it will take 12 to 18 months to complete the study, after which the consultant will discuss with the Council various implementation options. City Secretary Chapa polled the Council for their votes as follows: 47. M2001-300 Motion authorizing the City Manager or his designee to execute a professional services agreement with The Waters Consulting Group Inc., Dallas, Texas, at a cost not to exceed $296,808 for the development and implementation of an innovative citywide compensation and classification system that will: (1) replace the City's aging, obsolete system; (2) enable the City to attract and retain qualified employees; (3) support reengineering efforts through development of skill -based pay systems for the departments of Wastewater, Water, Stormwater, Gas, Streets, Solid Waste Services, and the Park Maintenance Division; (4) provide solutions for city-wide compensation issues, such as internal equity of jobs within designated pay grade levels, competitive pay schedules, and phased -in implementation. This agreement does not apply to Police and Fire personnel covered by collective bargaining agreements. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. Minutes - Regular Council Meeting July 24, 2001 Page 27 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 49, access onto non -roadway areas. Mr. Tony Cisneros, Director of Park and Recreation, explained that this will address problems staff has had in servicing several special events. He said this process will allow for off-road parking by vehicles from Park and Recreation, Stormwater, and Traffic Engineering. Mayor Neal expressed concern about such vehicles parking in areas where they could be parking elsewhere. He said he does not recall seeing signs in Sherrill Park that no vehicles are allowed. Mr. Cisneros said such signs are often vandalized or stolen. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 49. FIRST READING ORDINANCE Ordinance amending Section 53-97 of the City of Corpus Christi Code of Ordinances to update statutory references, to allow permitted vehicles access onto non -roadway areas, and to provide for issuance of access permits. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Colmenero, Longoria, and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 48, setting a public hearing on the ad valorem tax rate. Mr. Cruz-Aedo said the revised tax rate per $100 valuation is $0.6441745. Mr. Scott made a motion to amend Item 48 as stated, seconded by Mr. Kinnison, and passed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 48. M2001-301 Motion setting September 11, 2001 as the date of adoption of the ad valorem tax rate of $0.6441745 per $100 valuation, and setting a public hearing on the ad valorem tax rate for August 28, 2001 during the regular City Council meeting beginning at 2:00 p.m. at City Hall, 1201 Leopard, Corpus Christi, Texas. The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 50, interruptible water supply contract. Mr. Ed Garana, Water Superintendent, said that a few weeks ago staff made a presentation on the city's water supply and they were instructed to come back with a recommendation on an interruptible water supply contract. r Minutes - Regular Council Meeting July 24, 2001 Page 28 Dr. Bob Brandis, a hydrologist working for the Lavaca-Navidad River Authority (LNRA), gave a computer presentation about the proposal. He said this is an opportunity to provide the city with an additional 4,500 acre-feet of water from Lake Texana, which would be diverted under the existing water right only when the stage of Lake Texana is above elevation 43 feet MSL. He noted that the interruptible water can be diverted without jeopardizing LNRA's contracted firm supply. The Mary Rhodes Pipeline, which carries the Lake Texana water to Corpus Christi, has excess capacity for conveying the additional water. In addition, the interruptible water is being made available at a reduced cost. Dr. Brandis described the operating procedures that would be followed. Dr. Brandis said 4,500 acre-feet of interruptible water would be available about 88% of the time on an annual basis, usually in January and February. He said an additional 7,500 acre-feet of interruptible water would be available approximately 70% of the time on an annual basis during the first half of many years. However, that additional water would require an amendment of the Lake Texana water right permit by the Texas Natural Resource Conservation Commission as well as a study of the impact on the bay and estuary inflows and upstream water rights. Responding to Mayor Neal, Mr. Garana said the city will only have to pay for the interruptible water if it is available. In reply to Council Member Colmenero, Mr. Garafia said the city's current contract with LNRA provides for 42,000 acre-feet, which is about 45% of the water treated at the city's plant. Dr. Brandis said the permit amendment for the additional 7,500 acre-feet of interruptible water may take six months to process. City Attorney Bray said a change needs to be made to the proposed ordinance: in Section 3.01 change "September 1" to "August 1, 2001." There were no comments from the audience. Mr. Longoria made a motion to amend as stated by Mr. Bray, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 50. RESOLUTION NO. 024535 Resolution authorizing the City Manager or his designee to execute on behalf of the City of Corpus Christi the interruptible water supply contract between Lavaca-Navidad River Authority and City of Corpus Christi, Texas at the terms and conditions set forth in the contract as attached. The foregoing resolution passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal called for the City Manager's report. Mr. Garcia said the next meeting of the City Council will be August 21, 2001. The Mayor referred to a news release from the Texas Department of Transportation regarding the acceleration of $100 million worth of highway projects in Kingsville, Sinton and Clarkwood west of Corpus Christi. He then called for Council concerns and reports. T r Minutes - Regular Council Meeting July 24, 2001 Page 29 Mr. Chesney said he asked Mr. Cisneros to copy the Council on a memo regarding PALS (Parks, Arts, Leisures and Seniors) Fund organization that can be used as a springboard for the "Friends of the Parks" plan he is advocating. Mr. Garrett reported that a car wash at the corner of Baldwin and Riggan streets is promoting free dirt from a nearby ditch. Mr. Massey said he will have the city's Environmental Programs department look into that situation. Mr. Scott noted that the reservoir level is at 32.2% and he asked what the next step will be. Mr. Bray replied that when the level reaches 30% certain water restrictions will go into effect. Mr. Scott complimented the Mayor, Mr. Garcia, and the County Judge for their efforts on the Health Department issue, and he asked about possible military base closures. The Mayor replied that the South Texas Military Facilities Task Force is developing a strategy and the possible need for a two- year plan. He said they will be planning a trip to Washington, D.C., to meet with Rep. Solomon Ortiz and others. Mr. Scott said Rep. Ortiz is working very hard to bring jobs to Corpus Christi. Mr. Kelly asked when warning signs will be posted along the Nueces River. Mr. Massey said signs should be posted in about a week. Mr. Noyola also thanked the city and county officials for their efforts on the Health Department issue. Mayor Neal announced that he will be holding a public meeting on July 26th from 5-7 p.m. at the Oveal Williams Senior Center. There being no further business to come before the Council, the Mayor adjourned the Council meeting at 6:20 p.m. on July 24, 2001. * * * * * * * * * * * * *