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HomeMy WebLinkAboutMinutes City Council - 02/26/2002r 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 February 26, 2002, which were approved by the City Council on March 5, 2002. WITNESSETH MY HAND AND SEAL, this 5th day of March 2002. Armando Chapa City Secretary SEAL T r 7 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 26, 2002 1:07 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney Council Members: Javier D. Colmenero Henry Garrett 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 Assistant City Secretary Mary Juarez Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Ronald Cox, Chaplin at Naval Air Station Corpus Christi, 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 joint and regular Council meetings of February 19, 2002. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-16). City Secretary Chapa stated that Items 3 and 4 needed to be amended. There were no comments from the Council or the audience. Mr. Chapa polled the Council for their votes and the following were passed: 2. M2002-059 Motion authorizing the City Manager or his designee to execute a contract amendment granting permission for Govind E.C. to assume all the obligations and duties of engineering contracts between the City of Corpus Christi and Govind & Associates Inc. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. ORDINANCE NO. 024782 Ordinance approving the sale of a former city park known as Meldo Park with platted description of Lot 4, Block 3, Meldo Park Subdivision, located on Brawner Parkway, west of Santa Fe for $100,000 received by sealed bid and authorizing the City Manager or his T Minutes - Regular Council Meeting February 26, 2002 Page 2 designee to execute a special warranty deed for the sale and conveyance of the subject property. 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." 6.a. M2002-062 Motion approving the application from the Corpus Christi Chamber of Commerce and the S.E.A. Saltwater Fisheries Enhancement Association to temporarily close the following sections of North Shoreline Boulevard immediately in front of the Port of Corpus Christi Building on March 6, 2002 for a networking and education program for the purpose and efforts of the Saltwater Fisheries Enhancement Association: a) Northbound Shoreline Boulevard (inside and middle lanes only), from the north right-of-way of Power Street to the north right-of-way to Palo Alto Street, beginning noon 12:00 p.m., Tuesday, March 5, 2002, through 10:00 p.m., Wednesday, March 6, 2002; and b) Southbound Shoreline Boulevard (full closure), from the south right-of-way of Palo Alto Street to the north right-of-way of Power Street, beginning at noon 12:00 p.m., Tuesday, March 5, 2002, through 10:00 p.m., Wednesday, March 6, 2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.b. ORDINANCE NO. 024781 Ordinance waiving the requirement of Code of Ordinances Section 49-17, Conditions and Requirements for (Special Events Street Closing) Permit that street closings approved by the City Council for special events shall be open to the public. 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. M2002-063 Motion authorizing the City Manager or his designee to execute a construction contract with Mendez Construction Company Inc. for a total fee not to exceed $141,000 for the Gas Department pole building replacement project FY 2001. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8. RESOLUTION NO. 024784 Resolution authorizing condemnation proceedings by the City to condemn Parcel 4, T Minutes - Regular Council Meeting February 26, 2002 Page 3 comprised of fee simple title to 275 square feet together with a 550 -square foot temporary construction easement out of Lot 8, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, from the owners, George F. Merzbacher Jr. and Betty Bell Merzbacher Roseburg, to construct drainage improvements in connection with the Jester Street minor storm drainage improvements, Project 2106, and for other municipal purposes. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.a. ORDINANCE NO. 024785 Ordinance amending Ordinance Nos. 024503 and 024668 to allow for the abandoning and vacating of a 6,511 -square foot portion of the 50 -foot wide street right-of-way on Purl Place, north of the Robert Drive street right-of-way. 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." 9.b. ORDINANCE NO. 024786 Ordinance abandoning and vacating a 6,511 -square foot portion of a 27 -foot wide street and two 11.5 -foot wide sidewalk easement rights-of-way on Purl Place, north of the Robert Drive street right-of-way; requiring the 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. 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." 10. RESOLUTION NO. 024787 Resolution exempting Homestead Estates Subdivision from payment of water and wastewater acreage fees pursuant to Sections VB.S(K) and VB.6(I) of the Platting Ordinance, as requested by Robert Payne and Rick Ramon, owners/developers. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11. RESOLUTION NO. 024780 Resolution supporting efforts to ban off-road recreational vehicles from stated -owned riverbeds and four-wheel drive vehicles from the tidal flats in the state's bays and estuaries. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting February 26, 2002 Page 4 Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12.a. M2002-064 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $1,500 and execute a contract with the Corporation for National 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." 12.b. ORDINANCE NO. 024788 Ordinance appropriating a grant of $1,500 from the Corporation for National 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." 13.a. M2002-065 Motion authorizing the City Manager or designee to accept a grant from the U.S. Bureau of Reclamation for $20,500 to purchase Learning to Be WaterWise kits. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13.b. ORDINANCE NO. 024789 Ordinance appropriating $20,500 from the U.S. Bureau of Reclamation in the No. 1050 Federal/State Grants Fund for the purchase of Learning to Be WaterWise kits. 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. FIRST READING ORDINANCE Ordinance amending Section 55-147(a) of the Code of Ordinances, City of Corpus Christi, regarding affirmative defenses for discharges in violation of industrial wastewater pretreatment standards and providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 1 Minutes - Regular Council Meeting February 26, 2002 Page 5 15. ORDINANCE NO. 024790 Ordinance authorizing the City Manager or his designee to execute Amendment No. 2 to the lease agreement between the Buccaneer Commission and the City of Corpus Christi, authorized by Ordinance No. 023917 on January 18, 2000, to adjust the amount payable for police services, add a late payment fee and clarify procedures for resolving disputed claims. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 16. ORDINANCE NO. 024791 Ordinance changing the name of Bush Avenue to Friendship Drive between West Point Road and South Padre Island Drive. 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 3, Packery Channel restoration. City Secretary Chapa explained that an appropriation ordinance is being added which will be Item 3.a. and Item 3.b. is the motion listed on the agenda. Council Member Noyola made a motion to amend to include the appropriation ordinance, seconded by Council Member Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 3.a. ORDINANCE NO. 024781 Ordinance appropriating $7,500 from revenues from Reinvestment Zone No. 2 in the Reinvestment Zone No. 2 Fund No. 1111; and amending Ordinance No. 024528 which adopted the FY 2001-02 budget by increasing both revenues and appropriations by $7,500 in the No. 1111 Fund for Engineering Services for the Packery Channel partnering, technical review, and U.S. Corps of Engineers consultation. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett abstaining. 3.b. M2002-060 Motion authorizing the City Manager or his designee to execute an amendment for engineering services with Shiner, Moseley and Associates in the amount of $15,000 for the Packery Channel partnering, technical review and U.S. Corps of Engineers consultation. 11 Minutes - Regular Council Meeting February 26, 2002 Page 6 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett abstaining. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, purchase of chiller units. City Secretary Chapa said the item needs to be amended to change the word "lease" to "lease/purchase." Council Member Colmenero made a motion to amend Item 4 as stated, seconded by Council Member Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: 4. M2002-061 Motion approving the lease/purchase of two chiller units from York International c/o Lewis Mechanical Sales, Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0060-02, based on best bid, for a total amount of $95,400. The units will be installed at the Frost Building. Funds are budgeted in the No. 1020 General Fund for improvements to the Frost Bank Building in FY2001-2002. The foregoing motion passed, as amended, 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. The first presentation (Item 19) was regarding the Comprehensive Hazard Emergency Response Capability Assessment Program (CHER-CAP) exercise. Mr. Juan Ortiz, Emergency Manager, explained that the Local Emergency Planning Committee (LEPC) will be conducting a chemical exercise along Nueces Bay Boulevard from 9 a.m. to 11:30 a.m. on February 28, 2002. Other participating entities are Nueces County, CITGO Refining East Plant, and Flint Hills Resources East Plant. Mr. Ortiz said the objective of the exercise is to evaluate several factors: initial notification of the incident; integration of response resources; clarification of roles and responsibilities; evaluation of emergency plans; dissemination of information to the public; and activation of the Emergency Operations Center. Mr. John Sendejar, LEPC Administrator, described the actions that have been taken to inform the community about the chemical drill, including a media summit, community public service announcements, newspaper notifications, community newsletters, and briefings for schools and elected officials. Mayor Neal asked if the telephone notification system will be used. Mr. Sendejar replied affirmatively, explaining that this will be the first time that all five notification tools are used simultaneously in the area. Mr. Ortiz noted that the exercise was originally scheduled to occur on September 19, 2001 but was postponed because of the terrorist attacks of September 11, 2001. Responding to Council Member Colmenero, Mr. Sendejar said the information about the drill Minutes - Regular Council Meeting February 26, 2002 Page 7 will be going out to the entities which are contracted to run the EAS system (television "crawler"). Council Member Scott asked what will be visible during the drill. Mr. Ortiz said there will be some smoke and alarms and area emergency response vehicles will be mobilized. He added that Oak Park Special Emphasis School will be participating by implementing its "shelter -in-place" plan. Council Member Garrett asked about AM radio announcements. Mr. Ortiz said the AM station has been phased out due to interruptions from a station in Mexico and a contract has been made with 89.5 FM. * * * * * * * * * * * * * The second presentation (Item 20) was the FY 2001-02 second quarter budget/performance report. Mr. Mark McDaniel, Director of Management and Budget, explained that the report includes enhanced comparative data and explanations for major variances. Using a computer presentation, Mr. McDaniel first reviewed the General Fund year-to-date revenues for this fiscal year compared to the revenues for the same time last fiscal year. With regard to sales tax revenues, the city's budget is on target (3% projected growth), while many other major Texas cities are experiencing difficulties because they had projected much larger growth that has not materialized. He also discussed other General Fund revenues and expenditures. He discussed the issue of "drag -up" pay, which is being centrally budgeted. Mr. McDaniel said the Enterprise Fund revenues are somewhat lower compared to last year because of wetter months and lower natural gas prices. He said the Airport Fund is only about $150,000 behind in revenues as a result of the September 11th events and that department has been very prudent with its expenditures, which are down $70,000. He added that the city has applied for reimbursements from the federal government for some of those expenses. With regard to the Special Revenue Funds, Mr. McDaniel said the Visitor's Facility Fund looks out of balance for the current year but that is because of the way staff treats reimbursements, which are now classified as a revenue as opposed to an offsetting expenditure. He added that staff budgeted very conservatively for hotel occupancy tax revenues and, as a result, they are on target. Mayor Neal asked how reimbursements from other governmental entities are reflected in the General Fund reconciliation. Mr. McDaniel replied that it is now carried as a revenue (p. 25 in the quarterly report). He said the timing of the reimbursements is very irregular and staff monitors them in more detail by department. Mayor Neal said that is an accrual of items that have been billed, not necessarily funds received. Council Member Garrett asked how staff is handling drag -up pay for retirees. Mr. McDaniel said staff is keeping running totals on the larger departments, principally the Fire and Police departments, regarding not only the total drag -up amount but the time the position is vacant (the salary savings). He said to date staff has not moved any funds over from the amount the Council budgeted for drag -up pay. City Manager Garcia noted that in previous years the departments were responsible for budgeting their own drag -up but now it is budgeted centrally using a more statistical basis rather than relying on individual retirees' decisions. Minutes - Regular Council Meeting February 26, 2002 Page 8 Council Member Colmenero asked about franchise fees. Mr. McDaniel said that page 20 of the report includes detailed information on the types of franchise fees paid. He added that additional Municipal Court revenues should be reflected next month. Council Member Kinnison said Mr. Garcia has been forwarding information to the Council about the financial difficulties other Texas cities are experiencing, while Corpus Christi's budget is on target. He complimented staff for their efforts on the budget, which was also reflected in the favorable management letter from the auditors. Mr. McDaniel said staff was able to do that because of the Council's long-term perspective. Mr. Garcia agreed, saying the Council has been very disciplined in preparing the budget. Mayor Neal recessed the Council meeting to read the day's proclamations and to swear in the new board and committee members. * * * * * * * * * * * * * Upon reconvening, Mayor Neal referred to the third presentation (Item 21), quarterly Risk Management update. Assistant City Manager Jorge Cruz-Aedo compared the revenues and expenditures for the first two quarters of the fiscal year (August 2001 -January 2002) for the city's health care programs: Citicare (including Citicare-Basic), Citicare Q -Plus, Citicare Fire and Public Safety Citicare. He said in an effort to increase stabilization of the Citicare and Citicare Q -Plus plans, a 2%-3% premium increase may be necessary in FY 2002-03. The city increased premiums for the Citicare Fire plan by 26.93%, effective on the payroll date of March 15, 2002. City Manager Garcia said Citicare Fire had not experienced any increases or plan changes over the last few years while civilian employees had. Public Safety Citicare members experienced a 16.38% premium increase effective on the payroll date of November 13, 2001. In addition, plan design changes were made per the recent labor agreement between the city and the Corpus Christi Police Officers Association. Mr. Cruz-Aedo said final changes are being made to align the plan year to the city's fiscal year, which is being accomplished by holding two enrollment periods in 2002 with deductible and out-of-pocket costs to be carried over through July 31, 2003. In addition, the city is finalizing plans to offer employee -option dental and vision benefits. He said staff is preparing a request for proposals (RFP) for pre-certification/utilization services, which are currently being provided by the Spohn network. Upon receipt of the proposals, staff will evaluate them and forward a recommendation to the Council. He said the city will also be implementing a software upgrade that will facilitate the electronic open -enrollment process. Mr. Cruz-Aedo noted that the current health contracts will expire July 31, 2003, which necessitates several upcoming actions. In the spring of 2002, staff will retain an independent consultant to evaluate the city's health insurance program. This summer they will draft RFPs for a medical network provider, prescription network, third -party administrator, and stop -loss coverage, which will be issued in the fall. City staff will then evaluate the proposals and in the spring of 2003, they will present recommendations to the Council for approval of the contracts. Council Member Kinnison said the last time the Council considered the health care contracts was during an election season and it appears the Council will do so again in 2003. Mr. Cruz-Aedo -7- Minutes - Regular Council Meeting February 26, 2002 Page 9 said staff plans to bring a recommendation to the Council next spring so the contracts can be implemented on August 1, 2003, for the new plan year. Mr. Garcia said one of the differences the last time was that the city was making a radical change in the plan --going from a fully insured plan to a self-insured one. He said staff is not anticipating making a major change in the plan this time. Mr. Cruz-Aedo said they want to ensure that staff has enough time to evaluate the proposals. Council Member Chesney questioned why staff is planning to retain an independent consultant to evaluate the city's health insurance program. Mr. Cruz-Aedo replied that that was not done the last time and it probably would have been wise to do so. He said there are a number of different avenues that can be taken with regard to health care and a consultant would be beneficial. Mr. Chesney questioned hiring a consultant and issuing an RFP, rather than using a straight bid process for these contracts. Mr. Garcia commented on the complexity of the heath care industry, saying that if the city went with a straight low bid they would have an HMO. However, he said, those are not the services that city employees expect. He pointed out that police and firefighters want different programs than civilian employees. Mayor Neal said the Council sits as the board of directors of the city's insurance company and he thinks the city should hire a consultant to help staff design the best possible plan. Council Member Scott said he thinks the program is well-run and he encouraged staff to continue to educate the Council on the many different options available. Council Member Colmenero said he thinks the Council should have a more active role in defining the plan. Responding to Council Member Longoria, Mr. Cruz-Aedo said the consultant can help staff define the type of health care plan that will be offered so the proposals can be accurately compared. He said other cities have paid similar consultants $25,000 to $35,000 for a full 12 months of advice to the city, which he said is worth the investment since the city's program is in the $16 million range. The Mayor said at the end of this spring, the Council needs to make the decision to either remain self-insured or go back to the fully insured option. Mr. Garcia said whatever decision is made, there will be a company which is pleased with it and many more which are not. Council Member Noyola asked if the employees had been surveyed about their preferences. Mr. Cruz-Aedo replied that they have not been recently but it will be an integral part of the process. He added that he thinks the police and fire employees are very satisfied with their programs. Mr. Kinnison asked about the prescription network. Mr. Cruz-Aedo said that currently it is bundled with the third -party administrator agreement, which makes it difficult to make changes to the prescription plan. For that reason, staff may recommend separating them. Mr. Garcia added that there are several options --including mail -in prescriptions and internet purchases --that staff would like to explore. Mr. Kinnison suggested that staff communicate with the employees about the plans. Mr. Cruz-Aedo then continued with his computer presentation regarding workers compensation. He said it takes a long time for those claims to work through the system. He said staff is working to minimize claims by enhancing the safety program, including identifying injuries by irr Minutes - Regular Council Meeting February 26, 2002 Page 10 frequency and department; performing monthly trending analyses of injuries; and implementing corrective actions based on those trends. He said staff will also hold training sessions with specialized education for departments based on a safety assessment and evaluate current safety policies and update them as needed. Another objective is to develop an employee incentive wellness program to encourage participation in exercise, nutrition and health classes. He said the city plans to offer discounted fees to local fitness centers as part of the program. Mayor Neal asked if the city has a trained safety consultant on staff. Mr. Cruz-Aedo said the city currently employs a specialist in the safety area and plans to hire another one. The Mayor emphasized the importance of such employees. Mr. Cruz-Aedo said staff is also considering hiring a nurse -practitioner to assist with reviewing workers compensation claims. The Mayor said the city also needs to have some kind of incentive program for safe employees. Mr. Cruz-Aedo then discussed the general and auto liability claims. He said the objectives to minimize those claims include: evaluating policies and procedures regarding vehicle usage and accident avoidance; enhancing the random drug and alcohol screening programs that are currently in place; evaluating the claims management process through an actuarial study (which is underway); and aggressively litigating cases as appropriate. He said staff is working together to decrease costs, claims and employee injuries. Mr. Noyola asked if the city offers a long-term disability program for its employees and Mr. Cruz-Aedo replied affirmatively. In response to another question from Mr. Noyola, the Assistant City Manager also discussed differences in workers compensation benefits and long-term disability. Mr. Scott asked if money had been borrowed a few years ago to assist the Risk Management fund. Mr. Cruz-Aedo said that occurred several years ago but it has been repaid. Mr. Garrett asked if the city still recognizes employees with long safety records and Mr. Cruz-Aedo said they do. Mr. Garcia added that there are consequences to employees who do not utilize safe methods at work. Mayor Neal commented on the professionalism of the Budget and Risk Management presentations. * * * * * * * * * * * * * Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 17. Case No. 0102-01, Jeanette's Flowers & Gifts Inc.: A change of zoning from "R -1B" One - family Dwelling District to `B -1A" Neighborhood Business District on a 0.918 acre out of the Frederick and Webb Tracts, located on the southwest corner of Krejci Lane and Old Robstown Road. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes: Minutes - Regular Council Meeting February 26, 2002 Page 11 17. ORDINANCE NO. 024792 Amending the Zoning Ordinance upon application by Jeanette's Flowers and Gifts Inc. by changing the zoning map in reference to 0.918 acres out of the Frederick and Webb Tracts from "R -1B" One -family Dwelling District to `B -1A" Neighborhood Business District; 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 referred to Item 18, and a motion was made, seconded and passed to open the second of two City Council public hearings on the city's proposed 2002 annexation program, which is five parcels of land containing 519.32 acres as follows: Jones. Walter and Texas General Land Office beach frontages: Publicly and privately owned lands comprising approximately 44.16 acres and 9,618 feet of Gulf Beach frontage, from the south -most property line of Padre Balli County Park to a point 500 feet south of the south -most property line of the Lawrence Jones property. The width of the strip extends westward from the City limit line on the Gulf of Mexico shoreline, being the 1.37 -foot line above mean sea level based on United States Geological Survey and Geodetic Survey datum of 1929, to a point along the vegetation line approximately 200 feet west of and generally parallel to the 1.37 foot line above mean sea level Gulf of Mexico shoreline. Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of Gulf Beach frontage. Packery Channel Park: Publicly and privately owned lands comprising approximately 50.01 acres and including Nueces County Park No. 2 (Packery Channel Park). Nueces County land south of Mustang Island State Park: Publicly owned (Nueces County) tract of land comprising 221.00 acres and 4,211 feet of Gulf Beach frontage generally surrounded by the existing city limits and out of the William Bryan Survey 606, between the east right-of-way line of State Highway 361 and the existing city limit line along the Gulf of Mexico shoreline, being the 1.37 foot line above mean sea level based on United States Geological Survey and Geodetic Survey datum of 1929. Beach -front property north of Zahn Road: Privately owned tract of land comprising approximately 9.23 acres and 2,009.79 feet of Gulf Beach frontage abutting the city limits on the Gulf of Mexico shoreline, being the 1.37 -foot line above mean sea level based on United States Geological Survey and Geodetic Survey datum of 1929 and extending approximately 200 feet westward and between county -owned land and state -leased land at J.P. Luby Surf Park. There were no comments from the audience. Mr. Chesney made a motion to close the public hearing, which was seconded and passed. * * * * * * * * * * * * * Minutes - Regular Council Meeting February 26, 2002 Page 12 Mayor Neal referred to the fourth presentation (Item 22), status of the negotiations with the Corpus Christi Firefighters Association. Deputy City Manager Noe first gave background information, noting that in FY 2000-01 the city was forced to make several budget reductions, including a reduction in force and forgoing pay increases. He said the Corpus Christi Police Officers Association (CCPOA) elected to execute a two-year contract with a "reopener" in FY 2001-02 on wages and health insurance. The Corpus Christi Firefighters Association (CCFFA) elected to go without a new contract, utilizing the "evergreen" clause to continue operating under the existing contract. Mr. Noe said the initial meeting for the CCFFA negotiations was held on July 30, 2001 and proposals were exchanged on August 16th. On November 15th the parties reached impasse, which is covered under the current agreement. On December 19th the parties had a one -day mediation session with a federal mediator. Mr. Noe said the three outstanding issues are wages, trust contribution and health insurance. He noted that the CCPOA elected to accept changes to their health insurance benefits and the savings that the city accrued from those changes were given back to the police officers in the form of wages. He said city staff has been discussing a similar plan with the firefighters. The Deputy City Manager discussed the last formal proposals that were exchanged. He said the CCFFA requested a 6% increase in wages; a trust contribution of $150,000 per year; and maintaining current health insurance benefits with a 26.93% increase in premiums. The only difference in the city's proposal was regarding wages, offering a 3% increase effective on August 1, 2001 and a 2.25% increase effective March 1, 2002. Mr. Noe noted that the 3%/2.25% increase was exactly what the police officers received, offset in cost by four -tenths of 1% on an annual basis as a result of the insurance savings. Mr. Noe said the next step in the impasse procedure is fact-finding: a fact -finder has been selected and a hearing is being scheduled. He said pursuant to the contract, each party is allowed to submit two items, which do not have to be the same two that were bargained on. He said each party takes a position on those issues and the fact -finder is instructed to select one of the two positions, which is then forwarded to the Council, whose decision is final. He said the CCFFA members are currently circulating a petition requesting an 8.5% pay increase which, if approved, would require an additional $1 million (approximately) to be retroactive to August 1, 2001, which is the equivalent of 1.29 cents on the tax rate He said if the assumption is made that the group which bargained to an agreement --the CCPOA--is entitled to the same consideration, it would require an additional $1.4 million, or 1.78 cents on the tax rate. In addition, an 8.5% increase for the civilian employees would cost $2.24 million (2.86 cents on the tax rate). He said while the city's budget is balanced, the reserve is only $6.8 million --still not what the rating agencies would like the city to have. He said the city's recommendation for the firefighters is based on what staff thinks is affordable within the current budget structure. Responding to Mayor Neal, Mr. Noe said the CCFFA's proposed 8.5% pay increase would not impact on their contract at all. The Mayor asked about the fact-finding time line and an election Minutes - Regular Council Meeting February 26, 2002 Page 13 schedule. Mr. Noe said it depends on the fact -finder's schedule, but it could take one or two months to get the actual recommendation from the fact -finder. With regard to an election, City Secretary Chapa said he has been told that the petitions are supposed to be submitted by February 28th. He said at that point the Council has three options: grant the petitioners' request outright for a firefighters' pay increase; develop an alternate proposal which would be mediated; or call an election for the next available election date, which is May 4th. City Attorney Bray pointed out that the City Secretary's Office will need enough time to validate the signatures and verify that they meet the minimum number in order for the Council to decide which of the three alternatives to choose. He said March 19th is the 45th day before the May 4th election, which is the deadline for calling an election under the Texas Election Code. In reply to Council Member Scott, Mr. Chapa said he did not budget for an election on May 4th, which will cost approximately $100,000. Mr. Noe said that amount would have to come out of the General Fund. Mr. Kinnison asked about the ballot language. Mr. Bray said the statute requires that the ballot language simply say, "Adoption of the proposed minimum salaries of (amount) applicable to (positions)." He said he has not seen the petition but based on what he has heard, the ballot would state a salary increase of 8.5% applicable to the specific firefighter positions. Mr. Kinnison asked if the ballot could include what funding mechanism would be used; i.e., a tax increase that would be voter -approved. Mr. Bray said the Council cannot change the statutory language for presentation on the ballot. He said staff is looking into whether there is a way to separately put something like that on the ballot. Mr. Kinnison said if the firefighters receive a raise, it should be extended to all city employees. Mr. Garcia said the City Attorney is also looking into how this will affect the tax cap. He said staff will probably recommend that if the voters want to approve the firefighters' pay raise that they also approve an increase in the tax cap. He said if that is not done, it will adversely affect the city's bond rating and limit its ability to fund additional, necessary capital improvements. Responding to Council Member Noyola, Mr. Noe reiterated that the CCFFA asked for a 6% wage increase in their proposal and staff proposed 3% on August 1, 2001 and 2.25% on March 1, 2002. He said the difference between the CCFFA's 6% request and the city's current position is about $368,000 on an annual basis. He added that the city reached an agreement with the CCPOA for the 3%/2.25% increase, and he questioned how negotiating a different agreement with the CCFFA will impact future labor negotiations. Mr. Garcia added that he would never recommend settling with the second labor group for more than what the first group agreed to. Mr. Scott went through the figures Mr. Noe presented regarding the impact of an 8.5% pay increase for all city employees and he asked how that would affect the city's bond rating. Mr. Noe said if the tax rate is too close to the cap set in the Charter, it would affect the city's ability to finance additional debt in the future. He said since the rating agencies rate the city's existing debt as well, it may also be adversely affected. Minutes - Regular Council Meeting February 26, 2002 Page 14 Mayor Neal said if the Council cannot ask for a referendum to raise taxes, it will be the Council's responsibility to decide how to pay for the firefighters' pay increase if it is approved by the voters. He said in order to fund the increases, the Council would have to reduce the city's unallocated fund balance down to a very dangerous level or make a management decision to go ahead and raise taxes in the face of political risk and possibly exceeding the tax cap. The Mayor said the bigger issue is that Corpus Christi is the only major city in Texas that is not experiencing a financial crisis right now because it has managed to increase its unallocated fund balance. However, if Corpus Christi's economy experiences any down turns, the Council will be discussing cutting services and employees rather than giving raises. He said he is not against a reasonable pay increase, but the people who signed the petition have not been asked how the pay raise will be funded. Mr. Scott said he does not want the public debate to be one of "for us or against us." Mr. Kinnison emphasized that the voters need to understand the financial impact of a pay increase. Responding to Mr. Noyola, Mr. Noe said there is no way the fact -finder will be able to make a recommendation before March 19th. Mr. Noyola urged the parties to continue negotiating. Mr. Longoria asked if other items can be placed on the May 4th ballot. Mr. Bray said it depends on if there is specific statutory authority to place a particular item on the ballot. Mayor Neal called for a brief recess. * * * * * * * * * * * * * Upon reconvening, the Mayor opened discussion on Items 23-26 pertaining to new and upgraded traffic signals. Assistant City Manager Ron Massey explained that in the 2000 bond program, $2.13 million was approved for traffic signal work ($1 million each for new signals and signal upgrades and $130,000 for signal synchronization). He said the first phase of new signal construction is almost completed and there is $368,000 left for the second phase. Mr. David Seiler, Traffic Engineer, said the Phase I traffic signal improvement projects (four new signals and three flasher locations) incorporated the following intersections: Staples at Lipes, Staples at Timbergate, Rodd Field at Saratoga, Kostoryz at Sunnybrook, Carancahua at Coopers Alley, Ocean at Cole Park, and Everhart at Shea Parkway and Schanen. Mr. Seiler then discussed the priority grouping of signal candidates for Phase II. He said staff considered such factors as traffic volume, turning movements, conflicts, traffic accident experience (including fatalities), pedestrian - related factors, and street system considerations. Mr. Seiler said the Priority 1 group consists of the following intersections (ranked in order of staff's recommendation): Saratoga at Long Meadow, Everhart at Congressional, FM 624 at County Road 69, Old Brownsville at Cliff Maus, and Shoreline at Twigg. He said the Transportation Advisory Committee approved the recommended intersections on January 28, 2002. Mr. Seiler then discussed the priority factors for each of the five recommended signal locations. He said that in addition to the $368,000 of remaining bond funds, American Bank is contributing $50,000 toward the signalization of Saratoga at Long Meadow. In addition, staff plans to reuse some of the signal hardware removed from some of the signal upgrade projects. He said based on the total available Minutes - Regular Council Meeting February 26, 2002 Page 15 funds, staff is recommending deferring the signal project at Shoreline and Twigg at this time. He said the total construction estimate is $418,000. Council Member Longoria said the intersection of Ayers Street and Ocean Drive includes a continuous far right lane going north, and he suggested that when the Shoreline/Twigg signalization is undertaken that it also include continuous travel in the far right lane. Mr. Seiler said that configuration will be incorporated into the Shoreline/IH-37 intersection as well. Council Member Scott questioned the need for a traffic signal at Shoreline and Twigg. Mr. Seiler said that intersection has been on his master plan for a long time. It will provide for a more synchronous flow along Shoreline Boulevard and serve as a more pedestrian -friendly crossing location. A brief discussion ensued and Mr. Massey said that when additional funds become available, staff will make a new recommendation based on the needs at that time. Mr. Scott said he thinks a signal at McArdle and Nile should be a higher priority. Council Member Chesney said he agrees that Shoreline and Twigg should not be included in the top five list of priorities but the intersection of Aquarius and Park Road 22 should be. Mr. Seiler said the project to raise the JFK Causeway will change the configuration of that intersection. Council Member Kinnison asked for a more definitive construction schedule as it becomes available. Mr. Seiler said staff will bring back contract recommendations in May. Mr. Kinnison also acknowledged American Bank's financial assistance for the Saratoga/Long Meadow intersection. Council Member Colmenero suggested that staff look at other locations for signal improvements as well as innovative ways to fund them. Council Member Kelly commented on the very fast travel speed occurring on FM 624 (Northwest Boulevard) and he spoke in favor of the signal at FM 624 and CR 69. Council Member Garrett questioned the need for a signal at Ayers and Blevins, which is close to a signal at Ayers and Tarlton. Mr. Seiler replied that it is very questionable whether a traffic signal should be removed from an intersection that currently satisfies traffic signal warrants because of a possible liability issue. He added that they are two offset "T" -intersections that operate as one intersection. Council Member Noyola said the signal at Old Brownsville and Cliff Maus has been needed for a long time. Mayor Neal called for comments from the audience on Items 23-26. Mr. Jose Marroquin, 2433 Allencrest, said that a traffic signal is badly needed at the intersection of Arlington and Clemmer, which has experienced numerous accidents. Mr. Colmenero said he has discussed that issue with Mr. Seiler. Assistant City Secretary Juarez polled the Council for their votes as follows: 23. M2002-066 Motion to approve staff recommendation for locations of new traffic signal improvements, Phase 2, funded by 2000 Bond Program funds. Minutes - Regular Council Meeting February 26, 2002 Page 16 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 24. M2002-067 Motion authorizing the City Manager or his designee to execute a signal construction supply contract in the amount of $1,160,490 with V.C. Huff Inc. for the construction of upgraded traffic signal and new synchronization improvements funded by the approved 2000 Bond Program (Bond Issue 2000 Projects 35 and 36). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25. M2002-068 Motion approving the purchase of traffic signal equipment from the following companies for the following amounts, in accordance with Bid Invitation No. BI -0020-02, based on low bid, low bid meeting specifications, only bid, and best bid for a total of $219,755.80. Funds have been budgeted by the Street Department in FY2001-2002. Paradigm Traffic System Texas Highway Products Fort Worth. Texas Round Rock. Texas Items 1, 8, 9 & 10 Item 13 $115,642 $4,500 Control Technologies Inc. Naztec, Inc. Tomball. Texas Sugarland. Texas Items2,5,6,7, 11 & 12 Items3&4 $74,738.80 $24,875 Grand Total: $219,755.80 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 26. M2002-069 Motion approving the purchase of steel traffic signal structures from Baker Machine & Welding, Victoria, Texas, based on low total bid in accordance with Bid Invitation No. BI - 0019 -02 for a total of $75,523.25. These steel traffic structures, which include 25 masts and 25 mast arms, will be used by the Traffic Signals Division of the Street Department (Bond Issue 2000). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting February 26, 2002 Page 17 Mayor Neal opened discussion on Item 27, renaming of Gypsy Park. There were no comments from the audience. Council Members Scott and Chesney commented on the dedication of Don and Sandy Billish, saying they were glad they could be recognized in this way. Assistant City Secretary Juarez polled the Council for their votes as follows: 27. FIRST READING ORDINANCE Ordinance waiving the 60 -day waiting period and publication of legal notice; renaming the park at 15601 Gypsy Street on Padre Island from Gypsy Park to "Don and Sandy Billish Park." The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Colmenero and Noyola absent. ************* Mayor Neal opened discussion on Item 28, lease for copiers. Mr. Cruz-Aedo gave a brief history of the copier contracts at City Hall. He said that on November 2, 2001, an RFP for a copy system at City Hall was issued to 16 local vendors and on November 9th a pre -proposal conference was held for interested bidders. On November 20th an amendment was issued and November 27th was the closing date of the RFP. In November and December several staff meetings were held to evaluate the proposals. He said of the four received, IKON Office Solutions and Braswell Office Systems offered the most advantageous proposals. IKON gave a demonstration on January 7, 2002, and two days later Braswell gave their demonstration to staff. Mr. Cruz-Aedo said that on February 1st, a nine -member city staff committee recommended awarding a lease to IKON for an estimated three-year expenditure of $502,848. Mayor Neal called for public comment. Mr. John Carlson, President of Braswell Office Systems, said that while the RFP process was very detailed and thorough, it appears that IKON had an opportunity to convince the committee members that their "tandem" (two -copier) solution would be better or equal to the Xerox DocuTech (the company's publishing machine), which is currently being used in the city's print shop. He said he does not know of any validation that IKON's two -machine process can accomplish the same results as Xerox's existing system. He said there has been a drastic change to the architecture of printing in the print shop. He said that cost -based comparisons are inequitable because Xerox and IKON have two totally different systems. Mr. Carlson discussed in detail the structure of the evaluation, which included the following criteria and the maximum points to be allocated for each: proposed copier system, 30 points; project understanding, 20 points; company profile, 20 points; and pricing, 30 points. He also addressed what he said were Xerox's supposed deficiencies by explaining how the DocuTech machine is a superior product and will meet the city's needs. He said city staff did not have the correct information when they made their recommendation. Ms. Beverly Caldwell said that Xerox brought in an analyst support team to evaluate the Minutes - Regular Council Meeting February 26, 2002 Page 18 city's needs and devise a solution. She discussed how their proposal, which consists of a software front-end, would assist specifically in the preparation of the weekly agenda packets. She also emphasized that Xerox, which has a guarantee of total satisfaction, provides industry -standard equipment. Ms. Ann Marie Delasi said that during their initial discussions with city staff, Xerox staff encouraged them to look into a network -copier -printer total solution. She said according to an independent study, Xerox products are more productive on the network than the competition. Council Member Scott asked about the DocuTech Publishing System's rating. Mr. Carlson replied that Braswell proposed 135 copies per minute. Ms. Caldwell added that the DocuTech can be run up to 4 million impressions per month. Mr. Dan Besaw, branch sales manager of IKON Office Solutions, said the company's core values are its customers, employees and integrity. He said they answered the city's RFP and gave their best recommendation to meet the city's needs. He said IKON has a machine that performs the same tasks as the DocuTech and is rated for over one million copies per month. However, he said the city does not need a machine with that much capacity. In fact, the more the city puts the copiers on the network, the less volume the print shop will have. He questioned why Xerox is not currently performing the tasks it recommended in its proposal. Ms. Pam Morgan, account representative for IKON, emphasized her company's expertise in customer service. She also commented favorably on the RFP process. She added that according to the evaluation criteria, IKON had the highest rating for project understanding. Ms. Norma Allsup, also of Xerox, said that about 17 months ago she met with Mr. Mike Barrera, the city's Procurement and General Services Manager, in which they discussed networking the DocuTech; however, she said Mr. Barrera decided not to do that. She emphasized that Xerox is available to provide service, technology and training. Mayor Neal asked if the RFP was clear, and Mr. Cruz-Aedo said it was very clear. He reiterated that the evaluation committee, which consisted of department directors and office workers, reached a consensus that the IKON proposal was the best recommendation for the city. Responding to Council Member Kelly, Mr. Besaw said that IKON has several tandem systems in operation throughout Texas and the United States which produce over 400,000 copies per month. Mr. Kelly also asked if Xerox is recommending the same system the city has already. Ms. Allsup said they are, with major enhancements in the software capabilities and open architecture. Mr. Kelly asked staff if they are satisfied that the IKON system will better suit the city's needs. Mr. Cruz- Aedo said that Mr. Ogilvie Gericke, Director of Municipal Information Systems, was asked to serve on the evaluation committee to ensure that the copier system would be compatible to the city's computer system. He added that this recommendation best meets the city's requirements for the next three years and it happens to cost less than the current contract. In reply to Mr. Scott, Mr. Cruz-Aedo said staff was very specific in the RFP and in the pre- bid conference. He added that staff has tested the IKON machines to ensure that they will do the job. Minutes - Regular Council Meeting February 26, 2002 Page 19 He noted that each city prepares their Council agendas differently. Mr. Barrera said that without considering the cost of the print shop equipment (Xerox's DocuTech and IKON's tandem machines), Xerox's proposal was higher in cost for the rest of the copier equipment. Council Member Noyola asked if the IKON equipment will change the way the Council agenda packets are produced. Mr. Barrera said the Council will not see any changes to their packets. Mr. Noyola said he has talked to some of the employees on the committee and he agrees with the recommendation of IKON. Council Member Colmenero asked about the software. Mr. Cruz-Aedo said Xerox has now come back and said they are offering open architecture, which the city prefers over proprietary software. However, he said that was not a factor when the committee made their recommendation because they were just considering the base proposals. Mr. Colmenero also asked about networking, and Mr. Gericke replied that the city's existing computer infrastructure will accommodate both types of machines. Mr. Cruz-Aedo said staff intends to begin transitioning into networking. Mr. Barrera added that if the Council approves staff's recommendation, the city is required to give the current vendor a 30 -day notice. Council Member Chesney reiterated that he does not like RFPs and he used the example of an item from last week's meeting (EMS accounts receivable collections) in which the current vendor's track record was a large factor in staff recommending them. He said this week staff is not emphasizing the track record of the company they are recommending. Mr. Chesney said he also received conflicting information from Mr. Cruz-Aedo about Xerox's open architecture structure. Mr. Cruz-Aedo replied that when he and Mr. Chesney discussed the issue, it was his understanding that Xerox's application was closed architecture, which was not something the city was looking for. He said when staff evaluated the proposals, it became clear that open or closed architecture was not going to be part of the criteria and he tried to correct his earlier comments through a memo. A brief discussion ensued. Mr. Chesney asked if the recommendation is less or the same as what the city currently has. Mr. Barrera said there are different ways of rating machines but IKON's tandem system has the same basic capacity as the current DocuTech. However, he said the city did not ask for an "equal or better" system but rather whether the proposal can perform the tasks required. He said he is convinced that IKON can do so. Mr. Barrera pointed out that he did not tell any of the proposers which machines the city wanted to use --it was up to each company to devise a solution for the city's needs. Mr. Bray added that each proposer knew the evaluation criteria up front, including how much weight would be given to cost. Mr. Chesney asked why staff would recommend a three-year contract with a company with which the city does not have a track record. Mr. Barrera said that while IKON has not done any work for the city previously, staff checked their references and they are a proven company. In addition, the committee felt that a three-year contract would be more economically feasible than a one-year contract and not as lengthy as a five-year contract to accommodate rapidly changing technology. -r- Minutes - Regular Council Meeting February 26, 2002 Page 20 Council Member Longoria commended staff, particularly Mr. Cruz-Aedo and Mr. Barrera, for their efforts in this process. Council Member Kinnison said staff has spent about 100 hours conducting these evaluations and the cost difference is approximately $325,000. He said he has been speaking with Mr. Cruz-Aedo and the committee members about this issue over the last month and he is very satisfied with staffs recommendation. City Secretary Chapa polled the Council as follows: 28. M2002-070 Motion authorizing the City Manager or his designee to enter into a three-year lease with IKON Office Solutions, Corpus Christi, Texas for copiers in accordance with Request for Proposals No. BI -0015-02 for an estimated three-year expenditure of $502,848. Funds have been budgeted by the Print Shop in FY2001-2002 and will be requested for all subsequent budget years. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 310 Norton St., discussed delinquent accounts in the Utility Department. He said one of the companies has run up about $248,000 and a downtown hotel has about $50,000 in delinquent charges and neither of them have had their city utilities disconnected. He said the top ten delinquent accounts total about $471,446 but if an individual's account is delinquent, it is shut off. He said the Council needs to find out why this is being allowed to happen. Mr. Gordy also questioned an attorney located across from Driscoll Hospital with very large business signs. Council Member Scott said he forwarded the sign issue to staff. Council Member Kinnison asked staff to also follow up on the delinquent accounts issue. Mr. Cruz-Aedo said that following an open records request, staff provided the list of delinquent accounts to a citizen. He said many of the accounts, particularly the largest commercial account referred to by Mr. Gordy, are in dispute. He said staff has been working to resolve that with the company, which is staying current with its monthly bills. The dispute is over an adjustment that was made to their account where the city increased the amount it had charged in previous months. However, the city books the disputed amount. He said only one of the top ten delinquent accounts has been turned over for delinquent collections and faces a shut-off. He said no accounts receive special consideration --everyone works through the same basic process --but additional steps are taken with commercial accounts, such as an apartment complex. Mayor Neal asked if there is a time frame for resolving the delinquent accounts. Mr. Cruz- Aedo said there is, saying staff has been working with the one company for about a year trying to resolve it and now they may have to take legal action. He said the disputed amount is not being paid but the current monthly amounts are being paid in a timely manner. Minutes - Regular Council Meeting February 26, 2002 Page 21 City Manager Garcia said the issue has to do with how the city calculated the amount due, which is relatively sophisticated based on the service the city provides. He said it is becoming a legal issue in how much liability the city is willing to assume for the actions it is proposing to take. Mr. Cruz-Aedo said the $247,000 was one adjustment over several years. Mr. Garcia said due to confidentiality issues, this discussion should be held in executive session. Mr. Garrett asked if some of the delinquent accounts have already been paid and Mr. Cruz-Aedo said they have been. In response to Mayor Neal, he said the city has 85,000 accounts. Mr. Jose Marroquin, 2433 Allencrest, referred to a particular customer's account, saying he is still very concerned that the city shut off her service for an outstanding amount of $52. He also said the city should not allow the number of delinquent commercial accounts that have occurred. Mr. J.E. O'Brien, 4130 Pompano, said that according to the city's financial statement of July 31, 1996, the Utility Department had accounts receivable in excess of $9 million. Five years later in 2001 those accounts receivable had increased to over $18 million. He also referred to the customer discussed by Mr. Marroquin and the list of delinquent accounts, including that the Corpus Christi Country Club owes the city over $8,000. He said he thinks it would be prudent for the Council to request an investigation and an outside audit of all delinquent accounts in the Utility Department. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said the petition regarding the firefighters' pay raise will be turned into the city tomorrow with about 14,000 signatures that can be verified as registered voters. He said the requested 8.5% increase is not retroactive to August 1, 2001; if approved, it would take effect on June 1, 2002. He said it is a one- time salary increase that will not happen every year. He said that previously the firefighters were not willing to accept zero pay raises and waited until the city was able to become more financially stable. He said they have three options: settle the contract with City Manager Garcia; go to fact-finding; or take the issue to the voters. Mr. Torres said they disagree about the tax increase, saying that if any type of increase is warranted, it will be very limited. Council Member Kinnison asked if the voters approve the firefighters' pay increase, whether it would be in addition to what is worked out on the contract or whether it would totally replace everything contractually. Mr. Torres replied that it would be a one-time salary increase. He said this July it will be three years since the firefighters had a pay raise and two years since they began operating under the "evergreen" clause. He added that the union would prefer to settle this issue with the City Manager and if that does not work, they will have to go to fact-finding. If that is not successful, they may have to take it to the voters. In response to Mayor Neal, Mr. Torres said the 8.5% pay raise would not be in lieu of an approved contract. He said anything that is presented to the Council by the fact -finder still has to be taken to the union members to be ratified. The Mayor asked what would happen if the fact -finder recommended a 7% pay increase. Mr. Torres said the firefighters will not take an 8.5% and a 7% increase, reiterating that their first option is to settle with the City Manager. Mayor Neal pointed out that fact finding cannot be accomplished before March 19th, which is the deadline for calling the May 4th election. A brief discussion ensued and Mr. Torres said the firefighters are taking a request ._,. Minutes - Regular Council Meeting February 26, 2002 Page 22 for an 8.5% increase to the fact -finder, so basically it is the same. Council Member Kelly asked if the dispute with the firefighters is worked out some time after the petition is filed with the city, whether the election will be held regardless of an agreement with the firefighters. Mr. Bray replied that he is not completely sure the issue can be withdrawn; he will have to look at the Election Code. He added that if the voters approve a pay raise, it is binding. He reiterated that the deadline to call the election is March 19th. Mr. Noe stated that under the statute, once the Council receives the petition they have an opportunity to present an alternative proposal to the petitioners in the form of a settlement. He said if the settlement is rejected, the item goes on the ballot. Mr. Bray said part of the process is also the length of time to get the signatures counted and then a period of time for the Council to make a counter -proposal if it wants to. Mr. Kelly asked if the firefighters have the right to pull their own petition, and Mr. Bray said he needs to research that question. Mr. Garcia said there are many reasons for the city to continue to try to reach an agreement with the firefighters. He said Mr. Torres pointed out that the firefighters' requested 8.5% increase is not retroactive. However, the city has been negotiating an amount that would be retroactive to the period when the last contract expired. He said the firefighters would be giving up substantial lump - sum payments in favor of an 8.5% increase in the future. He said there are major financial issues involved and staff would not put the city in a position of double jeopardy. Council Member Colmenero said the Council has an opportunity to analyze this situation. Council Member Kinnison questioned how staff plans to proceed because a major stumbling block is that the city does not want to give a better deal to one union than it did to another union. Mr. Garcia said he believes there are opportunities for discussion and many ways to approach this situation while still maintaining the integrity of the city's negotiations with the police officers. * * * * * * * * * * * * * Mayor Neal announced the executive session (Item 29), pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi Project #3219, Nourishment of Corpus Christi Beach - 2001, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said the Council's next meeting will be held March 5th and they will not meet March 12th due to the National League of Cities Congressional City Conference in Washington, D.C. He discussed items planned for the March 5th meeting, which will begin at 2 p.m. He said on March 19th there will be a joint meeting with the Airport Advisory Board, followed by the regular Council meeting. Mr. Longoria said he will be out of town on March 5th and it was decided to move the discussion about the skate park to March 26th. Minutes - Regular Council Meeting February 26, 2002 Page 23 In his report, Mayor Neal said he distributed to the Council a copy of the new resources guide from Youth Opportunities United. He said they have asked that the document be distributed through the courts, particularly the new juvenile court and the Juvenile Assessment Center. The Mayor also said he received a letter about HB 1445 from the Executive Director of the Texas Municipal League. Mr. Garcia replied that staff has looked at HB 1445, which basically encourages cities and counties to coordinate their land use regulations in the extra -territorial jurisdiction (ETJ). He said that currently the city is the only entity that effectively regulates the land use in the ETJ; the county does not have a Planning Department per se. Mr. Noe said city and county staff met last week to discuss things they can do to improve the level of service to the development community. Mayor Neal called for Council concerns and reports. Mr. Chesney said he appreciates staffs efforts in allowing the volunteer program at the Animal Control Facility. He asked if the staff hours can be adjusted to ensure that someone is available to answer the phone until 6 p.m. to accommodate citizens. Mr. Garcia said staff will check into that. Mr. Chesney said he also wants to make sure that citizens' questions during the January 31, 2002 town hall meeting were adequately addressed. He said town hall meetings will be held in District 4 on March 25th and April 1st. Mr. Chesney also complimented Gas Department staff for fixing a gas leak at his home and the firefighters in battling the fire at the Omni Hotel. Mr. Garrett said he has also received favorable comments about the improved situation at the Animal Control Facility. He said it appears that work has stopped on the Ennis Joslin (Spur 3) project. Mr. Angel Escobar, Director of Engineering Services, said he will provide information. Mr. Garrett also urged people to be patient as construction intensifies on the JFK Causeway. Mr. Scott asked about the timing on the Frost Bank building. Mr. Garcia said the hold up was ordering the chillers, which were approved at this meeting. He said the move -in date for the departments in the upper floors is now mid-May while the one-stop business center on the first floor will open later. Mr. Scott also asked about signage on that building. Mr. Garcia said he and Mr. Mike Carrell have had several discussions but have not yet reached a satisfactory conclusion. Mr. Scott also asked about the city -county health department and Mr. Garcia said that representatives of the health district have cancelled several meetings with city staff. He said staff was told to contact the health district representatives again in late March. Mr. Colmenero said there are recurring stormwater and wastewater problems at the intersection of Vaky and Swantner. He also complimented the Fire Department for their efforts during the Omni Hotel fire. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:44 p.m. on February 26, 2002. * * * * * * * * * * * * *