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HomeMy WebLinkAboutMinutes City Council - 03/05/2002I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of March 5, 2002, which were approved by the City Council on March 19, 2002. WITNESSETH MY HAND AND SEAL, this 19th day of March 2002. Armando Chapa City Secretary SEAL T T lir ' T Tr MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 5, 2002 2:00 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 Jesse Noyola Mark Scott ABSENT John Longoria 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 Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. He called for a moment of silence in recognition of the passing of Mayor Emeritus Luther Jones. The invocation was delivered by Dr. Dan Trevino, Senior Pastor of Corpus Christi Baptist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 26, 2002. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-5). Council members requested that Items 2 and 5 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2002-072 Motion approving a supply agreement for black and galvanized pipe fittings in accordance with Bid Invitation BI -0032-02 with J.M. Supply Company, Corpus Christi, Texas based on low bid meeting specifications for an estimated annual amount of $31,702.28. The fittings will be stocked by the Warehouse and distributed to the Gas and Water Departments. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. T r r it Minutes - Regular Council Meeting March 5, 2002 Page 2 4. ORDINANCE NO. 024793 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 second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, repair of a frontloader tractor. Responding to Council Member Garrett, Mr. Mike Barrera, Procurement and General Services Manager, said that a new frontloader tractor costs approximately $225,000, so the city is saving about $100,000 by rebuilding it. City Secretary Chapa polled the Council for their votes as follows: 2. M2002-071 Motion approving the repair of a frontloader tractor and the purchase of a five-year full maintenance agreement from Holt Company of Texas, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0046-02 based on only bid for a total amount of $296,999.60. The frontloader is to be used by the Solid Waste Services Department. Funds have been budgeted by Solid Waste in FY 2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, renaming of Gypsy Park. He invited Don and Sandy Billish to join the Council in the front of the Chambers to read a proclamation honoring them for their work in redeveloping Gypsy Park on Padre Island with playground equipment, benches, and a gazebo. Mrs. Billish said that two years ago on March 6th they approached the Council with their vision for Gypsy Park and today it is a reality. She asked the members of the committee and supporters from Padre Island to stand and be recognized. Mr. Billish said they are now building the soccer field at that park, which is the last phase of the development. He thanked everyone involved for their assistance. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 024794 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 the "Don and Sandy Billish Park." Minutes - Regular Council Meeting March 5, 2002 Page 3 The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to the presentation on the day's agenda (Item 6) regarding fireworks regulations and enforcement in the City of Corpus Christi. Fire Chief J.J. Adame explained that the Fire Prevention Bureau was established in the Corpus Christi Fire Department on August 8, 1944. It is responsible for enforcing the fireworks ordinance. He said that the 1997 Fire Code, Chapter 20, Section 2005 of the city ordinance states that it is a violation to possess, distribute and ignite fireworks in the city limits of Corpus Christi. The act is punishable by a fine of up to $2,000 per incident per package. Chief Adame said the Fire Prevention Bureau consists of one assistant fire chief, four fire captains (prevention officers), six firefighter II's (prevention officers), one fire protection specialist, and one management aide. The division's responsibilities are to conduct inspections of commercial, institutional, educational, and multi -family dwellings, as well as hotels and motels, foster homes and daycare facilities. They also investigate complaints/concerns and fire causes in residential and commercial structures; and investigate suspicious vehicle and wild fires. They also present criminal cases to the District Attorney; issue parking violations; and provide community prevention presentations. The Fire Chief said that in the state of Texas, fireworks can legally be sold only two times a year outside the city limits: December 21 -January 1 and June 24 -midnight on July 4. He said the city also issues permits for fireworks celebrations in conjunction with Bayfest, 4th of July, Harbor Lights, and Buccaneer Days. He said Nueces County only has the authority to ban the use and sale of fireworks for specific reasons, such as in drought conditions. Chief Adame said according to the ordinance, fireworks stands have to be located at least 5,000 feet outside the city limit line. Chief Adame said the fire prevention response has been to schedule officers to work specific fireworks duty. In the past, they have had operations where a fire inspector outside the city limits radios police units inside the city limits advising them of potential violators. They also work with the Police Department to confiscate fireworks being ignited within the city limits and to cite the violators. They also respond to complaints and educate the public about the dangers of fireworks and the provisions of the existing ordinance. He said during this past season, there were 10 fireworks - related fires, most of which were brush fires within the city. Police Chief Pete Alvarez said staff has been discussing ways to deal with the fireworks problem more proactively. He said the Police Department does not have sufficient resources to answer all the fireworks calls they receive during New Year's and July 4th. Consequently, this year they plan to increase the number of personnel at the city limits lines where the fireworks stands are located and possibly post signs informing people of the laws. He said they will seek the public's voluntary compliance and aggressively enforce the law through fireworks confiscation and fines. 1 r • _ r rr Minutes - Regular Council Meeting March 5, 2002 Page 4 Mayor Neal asked if there are certain neighborhoods that are worse than others with regard to the use of fireworks. Chief Alvarez said the police are overwhelmed with calls on New Year's and July 4th and he believes it would be more effective to attack the problem at the source. The Mayor asked if the city can prohibit the sale of fireworks within the city's extra -territorial jurisdiction. City Attorney Bray replied that the city can and does prohibit them within 5,000 feet of the city limits. Council Member Kinnison asked if there are any other measures the county can take to assist the city with the fireworks problem. Chief Adame replied that state law gives the county very limited authority to ban fireworks; i.e., only under specific conditions such as a drought and sometimes only specific types, such as aerial fireworks. Mr. Kinnison also asked about fireworks use in the newly annexed beach areas. Chief Adame said that just as with any other area of the city, the Fire and Police departments will respond to complaints and patrol the beach areas. Mr. Kinnison asked about the large fireworks celebrations. The Fire Chief said the city and the state Fire Marshal's Office issue permits for those large events. Mr. Kinnison said residents living near Cole Park have expressed concern about noise levels at fireworks events there, and Chief Adame said they can further review those permits with regard to location and noise levels. Responding to Council Member Colmenero, the Fire Chief further discussed noise restrictions and violations for specific types of fireworks. He also said that when people ask where they can legally use fireworks, staff informs them that it must be outside the city limits but they must have permission if they are on private property. Chief Alvarez also explained in detail the departments' intentions to increase their enforcement efforts during the two fireworks sales periods. He added that traditions are hard to break and they will need the cooperation of the community. Council Member Noyola asked Chief Alvarez if he knew the amount of fireworks that have been confiscated in the last few years. He replied that he did not have that figure but there have not been that many citations because of a lack of resources and having to respond to other types of calls. Mr. Noyola asked if there were any grant funds for which the city could apply. Chief Alvarez said they can look for that type of funding if it is available. Council Member Garrett said that due to the extremely high volume of fireworks calls, it is impossible to enforce the ordinance by trying to respond to individual calls. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, Animal Control facility. Mr. Angel Escobar, Director of Engineering Services, said the project was structured to receive separate bids for construction of the following components: Base Bid "A" -main administration building; Base Bid "B" -kennels and related facilities; Base Bid "C" -Vector Control workshop and storage facilities, site work and landscaping; and Base Bid "D" -bid package consisting of Phases "A," "B" and "C" as one consolidated bid item. Mr. Escobar said that bid structure allowed for maximum participation by local contractors and the small business community; in addition, it was endorsed by the Mayor's Advisory Group for Major Project Construction. He added that the administration building will be about 7,500 square feet and the kennels will be about 12,000 square feet with 118 different kennels. Minutes - Regular Council Meeting March 5, 2002 Page 5 Mr. Escobar said staff reviewed the bids and is recommending awarding the total base bid ("D") to Southern Contracting Inc. plus Additive Alternate No. 1 to provide a security fence around the rear parking lot area. He referred to a sketch of the facility, which will be located at Holly Road and the City Service Center. He said staff is also recommending not building an access driveway on the far west side of the facility, which will allow the project to remain in budget and be completed by December 2002. Responding to Council Member Kinnison, Mr. Escobar said the lowest individual bid proposals for base bids "A," "B" and "C" were more expensive than the combined bid ("D"). He also referred to a memo to the Council dated March 5, 2002, in which he informed them that after bids were opened, it was called to staff's attention that Additive Alternates 3 and 5 were incorrectly submitted by Southern Contracting. However, since those two alternates were not recommended for award due to a lack of funding, it is a moot issue. He said staff corrected the bid tabulation to reflect the actual amounts on Southern Contracting's bid proposal. Mr. Kinnison asked how much money was saved by awarding the combined bid rather than the individual ones. Mr. Escobar replied that it resulted in a savings of $149,371. Council Member Colmenero commended staff for doing the additional work to break out the contracts. He also asked if the existence of the fence will allow the Animal Control facility to be expanded in the future. Mr. Escobar referred to the diagram, noting that accommodations have been made in the design for future expansion, and he discussed the building materials that will be used in the kennels for easier maintenance. Mr. Colmenero asked Dr. Nina Sisley, Director of Public Health, if the fewer number of kennels will affect the facility's operation. She replied that she did not think it would have an effect initially but it remains to be seen what the pet population will be in five years. She commented that the current Animal Control facility has an ongoing problem with ticks because of its dilapidated condition, which allows the insects to embed themselves in the kennels. Council Member Kelly said that while it is evident the current facility is antiquated and needs to be replaced, it appears the Animal Control staff have been unfairly criticized. He suggested that City Manager Garcia's letter dated February 19, 2002, to Ms. Lindsay Gardewin, an employee of PETA (People for the Ethical Treatment of Animals), be placed on the city's web site since it addresses many concerns that have been raised about the facility's operations. Mr. Garcia said some of the allegations made by Ms. Gardewin were that the city's euthanasia facility had not operated correctly for years, that it took several hours for animals to die, and generally that it was an inhumane process. Mr. Garcia said he informed Ms. Gardewin that the city's carbon monoxide gas chamber, which is seven or eight years old, is the largest and best type of manufactured chambers. He said the animals inside the chamber are not moving or breathing within the first two to four minutes of euthanization. Mr. Kelly noted that there are now volunteers (non -city employees) at the Animal Control facility who can easily verify the center's operations. Mr. Garcia added that the animals are separated by species in the chamber and the city has expanded the number and types of animals that are euthanized by lethal injection. Minutes - Regular Council Meeting March 5, 2002 Page 6 Mr. Kelly said many of the animal rights concerns were raised following the publication of a photograph in the local newspaper showing an animal control officer using a catch pole on a dog. He asked staff to discuss employees' qualifications. Mr. Jeff Beynon, Animal Control Supervisor, said each level of responsibility requires a different level of certification through the Texas Department of Health: entry-level kennel workers are required to have basic certification and field officers must have basic and advanced certifications. He said some of the city's field officers are also certified as instructors. He said his position of supervisor requires the basic, advanced and administrative certifications, and he is certified as a euthanasia technician and has taken the basic cruelty course. He said employees are given 18 months to receive their certifications. Mr. Beynon also discussed the circumstances surrounding the newspaper photograph. He said on that morning (September 9, 2001), the Animal Control workers were preparing to euthanize bite -case dogs, which are always handled on a snare. He said that in the past, the city has terminated Animal Control officers for having an animal in the snare for too long or holding it too tightly. Mr. Garcia pointed out that other animal shelters in Corpus Christi are selective but the city's facility is non-selective and has to take in every animal it is called to address because it is a public health issue. He said there is a huge problem with unwanted animals in Corpus Christi because of a lack of spaying and neutering; as a result, the city has to euthanize 14,000 animals a year. He said they need to focus more on the source of the problem --the pet owners. Mr. Garcia said the Council approved the hiring of an education specialist who will speak at schools teaching children about responsible pet ownership. Replying to Council Member Scott, Mr. Escobar said the fence will secure the facility's vehicles and equipment. Mayor Neal noted that while the city's new Animal Control facility will be state-of-the-art, the city will still be tasked with euthanizing unwanted animals due to health concerns. He said city staff will be conducting its business in the most humane way possible as required by law. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 7. M2002-073 Motion authorizing the City Manager or his designee to execute a construction contract with Southern Contracting Inc. in the amount of $2,303,629 for the Corpus Christi Animal Shelter and Vector Control Facility. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following: 8. City of Corpus Christi Project #3219, Nourishment of Corpus Christi Beach -2001, with possible discussion and action related thereto in open session; 10. Kelly Lewis v. City of Corpus Christi, No. 94-650, 94th District Court, Nueces County, rU Tr Minutes - Regular Council Meeting March 5, 2002 Page 7 Texas, with possible discussion and action related thereto in open session; and 11. The Vern Warner Living Trust v. City of Corpus Christi et al, Case No. 01-23646-C-11, Adv. No. 02-2008-C, United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. City Manager Garcia said they would not be discussing Item 9 (disputed claims of the City of Corpus Christi for utility service against Air Liquide) as it is posted on the agenda. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motion, which was seconded by Mr. Colmenero: 10. M2002-074 Motion authorizing the City Manager to execute documents settling Kelly Lewis v. City of Corpus Christi, No. 94-650, 94th District Court, Nueces County, Texas, in accordance with the recommendation of the City's attorneys. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Chesney and Longoria absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said there will not be a Council meeting on March 12, 2002 because some Council members will be attending the National League of Cities Congressional City Conference in Washington, D.C. However, there will be a Council retreat on Friday, March 15th, at the Museum of Science and History. He said issues to be discussed include the city's five-year forecast, capital improvement plan, redistricting, possible charter amendments, and Council goals and objectives. He said the March 19th meeting is scheduled to begin at 2 p.m. and will include the discussion about the marina proposals and the arena and convention center projects. Mayor Neal asked about a memo from Assistant City Manager Jorge Cruz-Aedo to the Council dated March 1, 2002, about the MetroCom billings to Nueces County. Mr. Cruz-Aedo said the amounts that were originally billed to the county omitted several pay periods that were not filed with the city's office. He said staff is determining what that amount is and it will be added to the outstanding amount through January 2002. He said that brings the amount, which is growing every day, to over $400,000. The Mayor said MetroCom began as a joint city -county venture in February 2001 and Nueces County has only made one $70,000 payment. He said that for over one year, the city has carried the MetroCom operation for the county. Mr. Garcia said Nueces County Judge Richard Borchard sent him a letter dated February 18, 2002, questioning the total amount due by the county as well as the late fees. Mr. Garcia said he has asked the City Attorney to research the MetroCom agreement because at some point they need to decide whether or not the city can continue with it. He said staff has requested a meeting of the MetroCom Committee and they also need to request a meeting of the Minutes - Regular Council Meeting March 5, 2002 Page 8 MetroCom Board, which consists of the Mayor and the County Judge. Mayor Neal requested a copy of the February 18th letter from Judge Borchard. Mr. Kinnison asked if the Judge's letter responded to the city's request that the county pay for everything they owed for MetroCom except the disputed portion. Mr. Garcia replied that the Judge's letter broadened the amount that they feel is in dispute and he did not include any payments with the letter. Mayor Neal asked if the County Commissioners were aware that the county has defaulted on the agreement. Mr. Garcia said all of the city's correspondence has been directly with Judge Borchard at the instruction of county staff members. Mr. Noyola said he thought Mr. Garcia should provide copies of the correspondence to the County Commissioners. Mayor Neal said that MetroCom is becoming a substantial budget issue for the city. Mr. Garcia said his concern is that the county will have off-loaded a major expenditure to the city and they refuse to pay for it. He said the problem is the MetroCom agreement calls for costs to be shared by the entities but they are not. He added that the city used to be reimbursed by the county for ambulance service and now it is not. Mayor Neal called for Council reports. Mr. Garrett read a statement from Mr. Chesney in which he and his family thanked everyone for praying for his father, who is in the hospital. Mr. Noyola asked why Rosalie Street does not have sidewalks, curbs and gutters. Mr. Garcia said that type of infrastructure is built by a developer when the original streets are created. The city provides street repairs after the subdivision is created. Mr. Escobar said sometimes such infrastructure is built using Community Development Block Grant funds but according to his records, the city does not have a filed application for a paving assessment for Rosalie Street. Mr. Scott asked if a press release could be written publicizing the public meeting on March 14th from 6:30 p.m. to 8 p.m. at Ethel Eyerly Senior Center in Flour Bluff regarding planned street improvement projects. Mr. Escobar said staff will provide the Council with a three-month calendar of upcoming events, including a public meeting on March 28th for the Cliff Maus street improvements as part of the Bond 2000 program. Mr. Scott said he will not be present at the March 19th meeting and he asked staff to look into a water pump problem in Billish Park on Padre Island. Mr. Scott also commented on Mayor Emeritus Luther Jones, to whom he said he owes a debt of gratitude for his support over the years. Mayor Neal said the Council received from staff a copy of Judge Borchard's February 18th letter. He asked if a meeting can be set up with the County Auditor or whoever has the authority to verify the MetroCom bills so they can reach an agreement about the amount that is owed. The Mayor called for petitions from the audience and there were none. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:57 p.m. on March 5, 2002. * * * * * * * * * * * * * A fl 1 1 m