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HomeMy WebLinkAboutMinutes City Council - 07/23/2002I 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 July 23, 2002, which were approved by the City Council on August 20, 2002. WITNESSETH MY HAND AND SEAL, this 20th day of August 2002. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 23, 2002 - 2:07 p.m. PRESENT Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola ABSENT Mayor Samuel L. Neal Jr. Council Member Brent Chesney City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Secretary Armando Chapa First Assistant City Attorney Jay Reining Recording Secretary Rachelle Parry Mayor Pro Tem Scott called the meeting to order in the Council Chambers of City Hall. Council Member Noyola requested a moment of silence in remembrance of Leopoldo Luna, who passed away. The invocation was delivered by Council Member Colmenero and the Pledge of Allegiance to the United States flag was led by members of Youth Leadership Corpus Christi. 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 Pro Tem Scott called for approval of the minutes of the regular Council meeting of July 16, 2002. A motion was made and passed to approve the minutes as presented. Mayor Pro Tem Scott stated that Mayor Neal was not present because he was recovering from emergency surgery last weekend. Mr. Chapa said that Council Member Chesney called and said he could not be present because he had a death in the family and needed to attend the funeral. * * * * * * * * * * * * * Mayor Pro Tem Scott deviated from the agenda and referred to Item 36, a presentation regarding the Crime Control and Prevention District Canine Unit. Ms. Linda Bridges, President of the Crime Control District (CCD) Board, discussed the benefits of the CCD funding. She said the city has been able to hire 50 police officers, 40 of which have been placed in the following areas: eight in the Directed Patrol program; 10 in the Juvenile Enforcement Team; five in the Bicycle Unit; three in the Walking Motor Unit; two in the Traffic Safety Unit; one in Campus Crime Stoppers; one in Narcotics with a CCD -provided "drug" dog and vehicle; and 10 in the Patrol Division. She said the last 10 officers will be added when the police academy graduates in October 2002. Ms. Bridges said they were addressing the Council to demonstrate one of the projects funded by the Crime Control District, namely, the narcotics officer and the drug dog. She showed a video of Officer Alan Dial and the dog Falco in action, and then Officer Dial and Falco gave a live Minutes - Regular Council Meeting July 23, 2002 - Page 2 demonstration for the Council and audience members of how Falco searches for and identifies hidden drugs. Responding to Mayor Pro Tem Scott, Ms. Bridges said that $588,600 is the total seized value of the narcotics that Officer Dial and Falco have been responsible for or assisted in recovering. She said the board feels the canine program is a good investment for a low cost. Mayor Pro Tem Scott said there have been rumors that the city shifted over officers that were funded through the General Fund to the Crime Control District Fund and that additional officers have not been hired. Ms. Bridges replied that that is not true, saying that 40 additional officers have gone through the police academy and are now working in those areas she previously mentioned. Council Member Garrett said it is important to point out that the city has maintained the normal complement of cadets to accommodate the attrition rate (17 or 18 officers per year) while at the same time adding 10 new cadets for each police academy class. Ms. Bridges said the Crime Control District promised to fund 50 additional police officers to deal with crime in strategic areas of the city and by October that promise will have been kept. Mr. Garrett asked if there are any uniform police officers working behind a desk at this time. City Manager Garcia said there are probably some officers on light duty (injured officers working in less strenuous positions while they recuperate). Mayor Pro Tem Scott asked if the city has eliminated civilian positions and then filled them with police officers. Mr. Garcia said they have done just the opposite. Mr. Garrett asked about the police officer sitting behind a desk near the entrance to the Police Department on John Sartain Street. Commander Bryan Smith said that is a new position resulting from the need for additional security at the Police Department following the September 11, 2001 terrorist attacks. Mr. Garrett asked if any police officers are providing dispatch services at this time, and Cmdr. Smith said there are not any according to police policy. Council Member Noyola asked if the 50 total police officers will be working the city's streets, and Cmdr. Smith said they will be. * * * * * * * * * * * * * Mayor Pro Tem Scott called for consideration of the consent agenda (Items 2-34). City Secretary Chapa said that Council Member Noyola would abstain on Items 2, 19 and 26. Council members and audience members requested that Items 31, 32 and 33 be discussed. Mr. Chapa polled the Council for their votes and the following were passed: 2. M2002-213 Motion approving a supply agreement with Eddie Garza Security and Investigations of Corpus Christi, Texas, for uniformed guard security services for Corpus Christi International Airport (CCIA) in accordance with Bid Invitation No. BI -0087-02 based on low bid for an estimated annual expenditure of $377,387.50. The term of the contract is for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Aviation Department in FY2001-2002 and requested for FY 2002-2003. Minutes - Regular Council Meeting July 23, 2002 - Page 3 The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Neal and Chesney absent. 3. M2002-214 Motion approving a supply agreement for brass service fittings in accordance with Bid Invitation No. BI -0091-02 with Hughes Supply of San Antonio, Texas, based on low total bid meeting specifications for an estimated annual expenditure of $91,997. The fittings will be stocked by the Warehouse and distributed to the Water Department. The term of the agreement is twelve months with option 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 Water Department in FY2001-02 and requested for FY2002-03. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 4. M2002-215 Motion authorizing the City Manager or his designee to extend the contract with Clean Harbors Environmental Services for the household hazardous waste disposal services at the J.C. Elliott Landfill for up to twelve additional months, for an estimated twelve-month expenditure of $160,000. Funds have been budgeted by Storm Water Department in FY 2001-2002 and requested for FY 2002-2003. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 5. M2002-216 Motion approving the purchase of five butterfly valves from Puffer Sweiven of Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0126-02 based on low bid for a total amount of $44,244. These valves will be used by the Water Department. Funds are budgeted by the Water Department in FY 2001-2002. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 6. M2002-217 Motion approving the purchase of twenty (20) submersible pumps ranging from 5 horsepower to 47 horsepower from Peeco of Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0099-02 based on only bid for a total amount of $113,352.68. These pumps will be used by the Wastewater Department. Funds are budgeted by the Wastewater Department in FY 2001-2002. Minutes - Regular Council Meeting July 23, 2002 - Page 4 The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 7. M2002-218 Motion approving the purchase of 8,500 feet of 16" coated and wrapped steel pipe in accordance with Bid Invitation BI -0122-02 from Texas Pipe & Supply of Corpus Christi, Texas, based on low bid for a total of $153,000. The pipe will be used by the Gas Department. Funds have been budgeted by the Gas Department in FY 2001-2002. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 8. M2002-219 Motion approving the purchase of one (1) directional boring machine in accordance with Bid Invitation No. BI -0115-02 from Vermeer Equipment of Texas Inc. of San Antonio, Texas, based on low bid for a total of $198,875. The Gas Department will use the boring machine. Funds have been budgeted by the Gas Department in FY 2001-2002. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 9. M2002-220 Motion approving the purchase of one V2 ton pickup and the lease purchase of one' ton van in accordance with Bid Invitation No. BI -0094-02 from Padre Ford, of Corpus Christi, Texas, based on only bid for a total of $36,258. Funding is available from the FY2001-2002 Capital Outlay Fund. The pickup is a replacement and the van is a new addition to the fleet. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 10.a. ORDINANCE NO, 024953 Ordinance appropriating $20,086.19 from the Unreserved Fund Balance in the No. 6010 Trust Fund to purchase a fire safety house; amending the FY2001-2002 budget, adopted by Ordinance No. 024528, to increase appropriations by $20,086.19 in the No. 6010 Trust Fund. An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 10.b. M2002-221 Motion approving the purchase of one (1) fire safety house in accordance with Bid Invitation Minutes - Regular Council Meeting July 23, 2002 - Page 5 No. BI -0111-02, from Surrey Fire Safety House of Napoleon, Ohio, based on low bid for a total of $31,982. The Fire Department will use the fire safety house to promote fire safety. Funds are available through the Fire Safety House Trust Fund. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 11. RESOLUTION NO. 024954 Resolution authorizing the City Manager or his designee to execute a traffic signal agreement with the Texas Department of Transportation governing the installation, maintenance and operation of proposed traffic signals on IH -37 Frontage Road at McKinzie Road (F.M. 3386) and future traffic signals on frontage roads at interchanges with the state freeway system within the City of Corpus Christi. The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 12. M2002-222 Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing Company of Corpus Christi, Texas, for a total fee not to exceed $40,089 for the Health Department clinics' re -roof (Flour Bluff and Williams Dr.)-FY2002 project. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 13. M2002-223 Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing Company of Corpus Christi, Texas, for a total fee not to exceed $102,798 for the Gas Department Office re -roof FY2002 project. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 14. M2002-224 Motion authorizing the City Manager or his designee to execute a construction contract with C.W. Campbell Electric of Corpus Christi, Texas, for a total fee not to exceed $174,879 for the Gas Department Building electrical upgrade project. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. Minutes - Regular Council Meeting July 23, 2002 - Page 6 15. M2002-225 Motion authorizing the City Manager or his designee to execute a real estate sales contract in the amount of $150,000 plus closing costs for the fee simple acquisition of Lots 2 and 3, Block 3, Central Wharf and Warehouse Company subdivision of the Beach Portion, located at the corner of Kinney and Water Streets; and with a utility and temporary construction easement out of Lot 1 in the amount of $21,700 from the owner, Texas Television Inc., for use in the expansion of the Kinney Street stormwater pumping plant B, Project #2153, and for other municipal purposes. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 16.a. M2002-226 Motion approving the application from E.M. Marketing to temporarily close the following street sections in conjunction with the "Powerboat Shoot -Out" and related activities, August 23-25, 2002. a. The parking lane on southbound Shoreline Boulevard between Hughes Street and Power Street to be closed Monday, August 19, 2002 by no later than 9:00 a.m., b. The parking lane of northbound Shoreline Boulevard between Hughes Street and Power Street and from IH -37 to Twigg Street to be closed Tuesday, August 20, 2002 by no later than 9:00 a.m., c. The inside northbound and southbound travel lanes including median cross-over lanes of Shoreline Boulevard to be closed on Wednesday, August 21, 2002 by no later than 5:00 p.m. between Hughes Street and Power Street, d. Northbound Shoreline Boulevard (full street closure) between the north right-of-way of Power Street median cross-over and the south right-of-way of Hughes Street beginning at 5:00 p.m., Friday, August 23, 2002, e. Southbound Shoreline Boulevard (full street closure) between the South right-of-way of Hughes Street to the north right-of-way of Power Street , beginning at 5:00 p.m., Friday, August 23, 2002. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 16.b. M2002-227 Motion pursuant to Chapter 49 (Streets & Sidewalks), Division 2 (Temporary Closure of Streets) Section 49-17 (Conditions and requirements for permit) Paragraph (a) to allow the applicant for the "Powerboat Shoot -Out" event to charge an admittance fee of $10.00 for all persons above the age of 5 years old. Children under 5 years will be admitted free when accompanied by an adult. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Minutes - Regular Council Meeting July 23, 2002 - Page 7 Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 17. M2002-228 Motion authorizing the City Manager or his designee to execute subrecipient agreements for funds provided from the FY2002 Community Development Block Grant (CDBG) Program and FY2002 Emergency Shelter Grant (ESG) Program. a. Boys & Girls Club of Corpus Christi - $76,820 for improvements to the facility located at 3902 Greenwood Drive. b. Catholic Charities - Mother Teresa Shelter - $90,108 for improvements to a public facility located at 513 Sam Rankin Street. c. Corpus Christi Hope House - $10,292 for renovations to comply with ADA requirements and to improve the living conditions at the homeless shelters for the facility located at 630 and 658 Robinson Street. d. LULAC Village Park Apartments - $79,500 to fund the activity court cover/shelter to protect the community from weather elements located at 1417 Horne Road. e. Neighborhood Centers of Corpus Christi, Inc. - $60,025 for improvements to the Marguerite Neighborhood Center located at 2020 Marguerite Street. f. Nueces County Community Action Agency - $80,000 for minor repairs that will supplement their weatherization program. g. Westside Business Association - $35,000 to finalize the completion of Crosstown and Agnes Beautification Project. h. YMCA Corpus Christi - $15,400 for ADA improvements to their facility located at 417 S. Upper Broadway. i. Catholic Charities of Corpus Christi, Inc. - $15,000 for homeless activities. j. Corpus Christi Hope House, Inc. - $10,000 for homeless activities. k. Corpus Christi Metro Ministries, Inc. - $50,000 for homeless activities. 1. Gulf Coast Council of La Raza - $25,000 for homeless activities. m. Mary McLeod Bethune Day Nursery, Inc. - $10,000 for homeless activities. n. The ARK Assessment Center & Emergency Shelter for Youth - $15,000 for homeless activities. o. The Salvation Army - $20,000 for homeless activities. p. The Women's Shelter - $28,000 for homeless activities. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 18.a. M2002-229 Motion authorizing the City Manager or his designee to execute all documents necessary to accept and implement the FY2002 Consolidated Annual Action Plan for community planning and development programs that include the CDBG, ESG and HOME programs. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. Minutes - Regular Council Meeting July 23, 2002 - Page 8 18.b. ORDINANCE NO. 024955 Ordinance appropriating $8,059,842 in the Federal/State Grants Fund No. 1050 for the FY2002 Consolidated Annual Action Plan for Community Planning and Development Program projects/activities that includes 1) $5,901,842 composed of $4,950,000 for FY2002 Community Development Block Grant (CDBG) projects; $700,000 of program income; $251,842 of reprogrammed funds; 2) $173,000 for FY2002 Emergency Shelter Grants (ESG) activities; and 3) $1,985,000 for FY2002 Home Investment Partnerships (HOME) Program for projects/activities approved by the City Council on May 21, 2002. An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 19. M2002-230 Motion authorizing the City Manager or his designee to execute an agreement with M. Dee Koch, Ph.D. for psychological services for the Police and Aviation departments. The term is for three years at an hourly rate of $35.00 with an estimated annual cost of $80,000. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Neal and Chesney absent. 20. M2002-231 Motion approving the appointment of M E Allison and Company Inc. as financial advisor; RBC Dain Rauscher Inc. as senior underwriter, and J.P. Morgan Chase & Company as co - underwriter; and McCall, Parkhurst & Horton as bond counsel for the issuance of utility system revenue refunding and improvement bonds Series 2002. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 21. RESOLUTION NO. 024956 Resolution expressing official intent to reimburse costs of utility system improvements project. The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 22.a. M2002-232 Motion authorizing the City Manager or his designee to execute Attachment Nos. 03, 04 and 05 to Contract No. 7460005741-2003 with the Texas Department of Health in the amounts of $162,823 for tuberculosis elimination, $124,223 for immunization and $117,975 for the Minutes - Regular Council Meeting July 23, 2002 - Page 9 Office of Public Health Practice (OPHP). The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 22.b. ORDINANCE NO. 024957 Ordinance appropriating a grant from the Texas Department of Health in the amount of $162,823 for tuberculosis elimination, $124,223 for immunization and $117,975 for the Office of Public Health Practice (OPHP); adding $162,823, $124,223, and $117,975 to the No. 1050 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 23.a. RESOLUTION NO. 024958 Resolution determining the necessity for and ordering the improvement of the following highways in Corpus Christi, Nueces County, Texas: Azores Road from Caribbean to cul-de- sac and Catcay Road from Caribbean to cul-de-sac; specifying that certain of these improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a notice of proposed assessments with the Nueces County Clerk. The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 23.b. RESOLUTION NO. 024959 Resolution approving plans and specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas: Azores Road from Caribbean to cul-de-sac and Catcay Road from Caribbean to cul-de-sac; approving the Director of Engineering Services' project construction cost estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the September 10, 2002 City Council meeting; directing the City Secretary to arrange to publish notice of this public hearing and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 24.a. RESOLUTION NO. 024960 Resolution authorizing the City Manager or his designee to execute a subrecipient grant agreement with the Texas General Land Office for a Coastal Coordination Council Coastal Minutes - Regular Council Meeting July 23, 2002 - Page 10 Impact Assistance Program grant in the amount of $208,596 for the Oso Bay access and acquisition project, with the City's match being provided by the assignment of 53.81 acres of land by the Coastal Bend Land Trust. The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 24.b. ORDINANCE NO. 024961 Ordinance appropriating $208,596 from a Coastal Coordination Council Coastal Impact Assistance Program grant through the Texas General Land Office in the No. 1050 Federal/State Grants Fund for the Oso Bay access and acquisition project. An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 25.a. RESOLUTION NO. 024962 Resolution authorizing the City Manager or his designee to accept a $250,000 Title V Delinquency Prevention grant from the Criminal Justice Division of the Governor's Office to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at -risk youth, with a commitment to provide an in-kind match of at least 34% of the total grant budget. The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 25.b. ORDINANCE NO. 024961 Ordinance appropriating $250,000 in the No. 1050 Federal/State Grants Fund from The State of Texas, Office of the Governor, Criminal Justice Division for Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management. An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 26.a. RESOLUTION NO. 024964 Resolution authorizing the City Manager or designee to accept Amendment No. 01 for the Federal Aviation Administration multi-year grant Number 3-48-0051-25-98 in the amount of $245,128. The foregoing resolution passed by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Neal and Chesney absent. Minutes - Regular Council Meeting July 23, 2002 - Page 11 26.b. ORDINANCE NO. 024965 Ordinance appropriating $245,128 from Federal Aviation Administration grant Number 3- 48-0051-25-98 in the No. 3020 Airport Capital Improvement Fund for terminal building improvements, replace security equipment, and rehabilitate apron. An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Neal and Chesney absent. 27. ORDINANCE NO. 024966 Ordinance appropriating $132,485 from Paving Assessments in the No. 3530 Street Capital Projects Fund; transferring $26,242 to the No. 2010 General Obligation Debt Service Fund for the annual debt service payment; transferring $106,243 to the No. 1020 General Fund to reimburse the Collections Activity. An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 28. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year lease with Marbella Grill, Inc., dba Christian's House, for the use of City Property, to wit: Merriman- Bobys House in Heritage Park, to operate as a food service operation. The foregoing ordinance passed on first reading by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 29. ORDINANCE NO. 024967 Ordinance adopting ordinance affecting participation of City employees in the Texas Municipal Retirement System granting the additional rights authorized by Section 854.202 (g) of Title 8, Texas Government Code, as amended, to provide eligibility for retirement with 20 years of service credit at any age; prescribing the effective date for the ordinance; and allowing for a public hearing. The foregoing ordinance passed on second reading by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 30. ORDINANCE NO. 024968 Ordinance amending the Code of Ordinances by adopting a new Article III, Employee Classification and Compensation System of the Corpus Christi Code of Ordinances; repealing Sections 39-1, Rules and Regulations Goveming Employment of City Employees Generally; and 39-2, Classified Service and Exemptions; repealing Section 39-20, Minutes - Regular Council Meeting July 23, 2002 - Page 12 Modification of Group Hospitalization Plan of the City of Corpus Christi Code of Ordinances; repealing Ordinances 17728 approved by Council on July 27, 1983, as amended by Ordinance 18595 on August 13, 1985; repealing Ordinance 021706 approved by Council on July 27, 1993; repealing Ordinance 3658, Adoption and Administration of the Position Classification Plan for All Offices and Positions in the Classified Service, as amended; repealing Ordinance 8127, Administration of Compensation Plan for All Positions in the City Service, as amended; repealing all other ordinances and rules or parts of ordinances and rules in conflict with this ordinance. The foregoing ordinance passed on second reading by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. 34. ORDINANCE NO. 024972 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, to increase the technical construction code fee schedules; providing for an effective date of September 1, 2002. The foregoing ordinance passed on second reading by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. ************* Mayor Pro Tem Scott opened discussion on Item 31, utility rates. Mr. J.E. O'Brien, 4130 Pompano, said he thinks it is outrageous that the city staff has included this item on the consent agenda. He questioned how the Council can continue increasing utility rates that hurt business and the "little people." He said last year the Combined Utility System had net income of almost $18 million and the preceding year it was almost $26 million. He said if they continue raising the utility rates, their future is questionable. Council Member Colmenero asked why this item was placed on the consent agenda. City Manager Garcia said that several ordinances including this one require two readings. He said the first reading of this item occurred last week when staff made a presentation and the Council had a full discussion on it. Once the Council approves an item on first reading, it proceeds to the second reading where it is placed on the consent agenda as a matter of course. He noted that there were several Council meetings which dealt specifically with the utility rate increases and this proposal (5% increases) is less than what staff originally proposed (6% increases). Council Member Kinnison said that while the Council has not had to raise taxes, they have struggled each year with staff's requests to raise the utility rates. He asked Mr. Mark McDaniel, Director of Management and Budget, to explain the purpose of the rate model. Mr. McDaniel said that last year staff began using this sophisticated rate model which was developed by an outside firm. He said it amounts to a huge spread sheet that has a tremendous amount of variables and is very Minutes - Regular Council Meeting July 23, 2002 - Page 13 complex. It accounts for everything from gallons consumed to all operating expenses as well as debt on any capital improvements. He said it also takes into account the unappropriated fund balance that needs to be maintained to cover any future debt obligations, particularly as the rating agencies look at upcoming bond issues. He said the goal is to keep the unappropriated fund balance at about 25% of operating expenditures. Mr. Kinnison said that essentially the rate model is a cash flow model. He added that while he understands the concept and can accept 5% increases in light of the projected reductions in water revenues, he would like staff to examine the rate model in great detail before the capital budget comes before the Council in November 2002. He said he thinks there are some issues that need to be resolved that they can agree on. Council Member Noyola asked if the utility rates can be amended in the future. Mr. McDaniel said the Council can amend the rates at any time. However, he pointed out that water and gas rates in particular are subject to seasonal fluctuations and, for consistency, staff recommends that the Council review the rates once a year. Mr. Garcia explained that the city builds up its reserves in order to pay for the multi-million dollar projects contained in the capital improvement program (CIP). He said that way the city does not have to impose huge rate increases when those projects need to be funded. Council Member Longoria said he does not like these rate increases any more than anyone else because he is a consumer also. He said that utilities projects are an area of the budget the Council will have to continue educating themselves and the public about, particularly since they are not as popular as a new baseball park, for example. However, they represent basic needs that citizens have that cost millions of dollars. He said he would like the city's Public Information Office to disseminate information about the upcoming capital improvement projects. Mr. Colmenero commented on the importance of planning ahead and maintaining a consistent cash flow to fund the necessary projects. Council Member Garrett said the Council takes none of these rate increases lightly. He said that one year in the 1980s the city did not have a rate increase, which resulted in a large increase the following year. Mr. McDaniel agreed, saying that there used to be wide fluctuations in the utility rates and it was not until recent years that better planning has allowed for more moderate increases. Mayor Pro Tem Scott commented that the city is spending a lot of money on such things as water supply needs but many citizens are not aware of that and need to be better informed. City Secretary Chapa polled the Council for their votes as follows: 31. ORDINANCE NO. 024969 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates; providing an effective date. The foregoing ordinance passed on second reading by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. Minutes - Regular Council Meeting July 23, 2002 - Page 14 Mayor Pro Tem Scott opened discussion on Item 32, private ambulance services. Mr. J.E. O'Brien said he can recall only one other time in 23 years that a rate increase was put on the consent agenda, at which time city staff was taken to task by the Council. He said Item 32 proposes raising some fees and he would like the Council to consider whether they are necessary in light of a possible increase in valuations and resulting increase in revenues. Mr. Michael Saski, Director of Operations for Advance EMS, urged the Council to oppose Item 32. He said private ambulance providers are currently dealing with such hardships as the steadily rising cost of professional medical insurance and decreased revenue through the Medicare system. He said staff is proposing an increase in the number of inspections, which would cause private units to be out of service much more often and are redundant. He discussed the services that private EMS companies provide, such as CPR training and emergency standby coverage of sports events and mass casualty incidents. He said they are asking for a year to work with city staff to develop a mutually agreeable proposal. Mr. Douglas Alexander, Director of Operations for Elite Ambulance Service, said he supports Mr. Saski's comments and also asked the Council to vote against Item 32. Mr. Jack Gordy, 4118 Bray, said he does not own any ambulance services but he is asking the Council to vote against Item 32. He added that many times private ambulances do not get paid for the services they provide to the city and there is a difference between ambulances and taxis. Mr. Craig LeBlanc, of Southern Cross Ambulance, said he is opposed to Item 32 for a different reason than that previously stated. He said he believes the intent of this ordinance is to give control of the entire non -emergency sector of EMS over to the Fire Department. And while he does not believe this action will bankrupt any companies, he said he would like the Council to direct staff to prepare a request for proposals for private companies to bid on. He said several cities have decided to privatize their EMS services because the private companies can provide better service than municipalities. He also asked the Council to consider delaying this action for at least one year. Mr. Jesse Garza, 1605 Harvard, said he is opposed to Item 32 and he believes that private ambulance companies can provide services to the city. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said this argument was raised about 18 years ago and he questioned whether this was an attempt to drive private ambulance operators out of town. He said the union does not agree to enter into any type of private ambulance work unless it is negotiated at the table. He said the city only has seven ambulances to provide EMS services. Council Member Kinnison said this is not an attempt to increase the city's revenues but rather it is based on cost -recovery. Responding to questions from Mr. Kinnison, Mr. John Murray, EMS Director, said that currently the state inspects every ambulance service every two years; staff is proposing that there be an annual inspection as well as spot inspections. He said staff believes the private ambulances should be required to provide the services they say they will provide. He said the Minutes - Regular Council Meeting July 23, 2002 - Page 15 only real change is in the fee structures and moving the responsibility from the Health Department to the Fire Department. Mr. Kinnison said he would like staff to address the concern of one of the private providers that their vehicles not be forced out of service for an extended period of time. In reply to another question from Mr. Kinnison, Mr. Reining said that in 1986 the Council superseded all the specific insurance requirements in all the various ordinances where basically the Risk Manager sets the insurance rates. He said coverage changes regularly, including what is covered in any one year under a specific policy. He said he thinks Section 17-15 provides the guidance the Risk Manager needs to follow in setting those insurance rates. A brief discussion ensued. Mr. Kinnison questioned whether the private companies would really want to take on the city's clients since many of them do not pay. He also asked staff to look into the possibility of allowing private ambulance operators the opportunity to opt out of being used as a back-up for the city's ambulance services, which means they would not have to pay the new fees. Council Member Colmenero reiterated that this proposal is based on a cost -recovery basis. Responding to a question from Mr. Colmenero, Mr. Murray said the new Medicare structures are being phased in over a period of years, including specific provisions that allow private companies to charge more for their service than if it is a non -911 call. Mr. Garcia pointed out that the private companies have contract arrangements with the hospitals and nursing homes so their guarantee of payment is much higher than when the Fire Department's EMS units respond to emergency calls. He noted that the city is the health care provider of first resort for many poor people in the community. Mr. Colmenero expressed concern that staff has not been communicating with private operators. Mr. Murray said staff met with most of the private providers several weeks ago and they were called to tell them about the proposed ordinance. Mr. Colmenero suggested that the city develop some sort of cooperative working arrangement with the private providers. Fire Chief J.J. Adame noted that the city responds with advanced life support to all medical calls and he does not advocate lessening that level of service. Council Member Kelly asked if the level of inspections will remain the same and Dr. Ardys Boostrom, Acting Director of Public Health, replied affirmatively. She said the issue is that the Health Department staff providing the inspection service are registered sanitarians who work in food, septic system and daycare inspections. Additional training is required for them to provide ambulance inspections and they feel the Fire Department staff would be better suited to do so. She said the Health Department is not currently recovering the cost they are charging, which is $100 for the inspection. Mr. Garcia said the Health Department makes $3,000 a year for conducting inspections. Mr. Murray said staff used the taxicab ordinance as a template in developing the ambulance ordinance but there are significant differences, such as a cap on the road use fee. Mr. Kelly asked how long an ambulance inspection takes. Mr. Murray replied that it takes a minimum of one hour due to the large quantities of supplies and equipment that are carried. Mr. Kelly asked if there are any records of non-compliance for either city or private ambulances. Mr. Murray said the city is meeting the Health Department's standards and have never had any delay in Minutes - Regular Council Meeting July 23, 2002 - Page 16 obtaining their permits. Responding to Council Member Noyola, Mr. Murray said the total projected revenue from these proposed changes is slightly more than $13,000. He said the former Director of Public Health, Dr. Nina Sisley, requested that the responsibility for permitting Corpus Christi ambulances be reassigned but she did not specify a particular department. Mr. Noyola commented on the services provided by private ambulance companies and the proposed fee increases, which Mr. Murray further explained. Mr. Garcia said the base ambulance ordinance goes back to 1958 and the last time the fees were amended was in 1985. Mr. Noyola said the city should have been slowly increasing the fees over the years rather than all at once. Council Member Garrett asked how much the city uses the private ambulances for back-up in an average month. Mr. Murray said it is about 11/2 times per month. He said the dispatch records indicated a total of 22 times in the last 18 months. Mr. Garrett said the private ambulances get paid well for providing services at sporting events. Responding to Mr. Kinnison, Ms. Lee Ann Dumbauld, Director of Finance, explained the current insurance requirements for professional services and regular contracts, adding that Risk Management has not looked at ambulance permits in the past. Mr. Kinnison asked staff if they are ready to implement this ordinance if it is approved, and Ms. Dumbauld replied affirmatively. Mr. Kinnison then made a motion to amend Item 32 to give any operators of private ambulance services the opportunity to opt out of being used as a back-up for the city's ambulance services. He said those operators should be allowed to stay under the current license fee while those who wish to provide back-up services for the city would be subject to the new license fee. Mr. Kelly seconded Mr. Kinnison's motion to amend. He said that sounds like a reasonable compromise because it allows operators to continue under the current system. In reply to Mr. Garrett, Mr. Garcia said the inspection requirement would be the same for all ambulances but the fee would be different depending on whether a private company wishes to be called to provide back-up services to the city's ambulances. Mr. Garrett said he was concerned that all of the private companies will opt out of providing back-up services to the city. Mr. Colmenero said he would still like to see more opportunities for the city and the private sector to work together and he requested copies of the ambulance equipment lists. Mr. Noyola asked if the city has a higher inspection standard than the state. Mr. Murray said they do because the city inspects every year with one spot inspection during that year while the state inspects only every two years. He said a company would not be able to operate until they correct any deficiencies that are identified. Dr. Boostrom said there are eight service companies that are currently fairly stable with 24 ambulances and 101 attendants. Mayor Pro Tem Scott asked for staff's response to Mr. Kinnison's motion to amend. Mr. Garcia said staff can accommodate those changes. Mr. Scott said he cannot imagine the Council supporting a privatization initiative without extensive conversations with city staff and the private sector. Mr. Garcia explained that privatizing the existing Fire Department ambulance service has not Minutes - Regular Council Meeting July 23, 2002 - Page 17 been an option and staff has never considered that. He said they have considered broadening the services they provide with their existing ambulance service and other things, although they would not do it with firefighters and could not do so without Council approval. He said it is important for the city to have a reserve capacity to respond to major incidents. City Secretary Chapa polled the Council for their votes on Mr. Kinnison's motion to amend Item 32 and it passed as follows: Scott, Colmenero, Garrett, Kelly, and Kinnison voting "Aye"; Longoria and Noyola voting "No"; Neal and Chesney absent. Mr. Chapa polled the Council: 32. ORDINANCE NO. 024970 Ordinance amending the Code of Ordinances, Chapter 57, Vehicles for Hire, Article IV, Ambulance Service, to change the designation of the permit officer and the responsible department, update a statutory reference, adjust fees, establish street use and reinspection fees, clarify insurance requirements and application information, and repeal provisions regarding delivery of a body; providing for an effective date. The foregoing ordinance passed on second reading, as amended, as follows: Scott, Colmenero, Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola voting "No"; Neal and Chesney absent. * * * * * * * * * * * * * Mayor Pro Tem Scott opened discussion on Item 33, access line service fee. Mr. J.E. O'Brien said there are many charges and fees assessed on everyone's telephone bills and he questioned whether another 40 cent charge is needed. He said about five years ago when the Council decided to eliminate the 50 cent surcharge for the Council of Governments (COG), they increased the phone rate by about $1.30 and citizens were told the 50 cents would be reduced from that amount. He said by passing this action today, this Council is going back on the word of the Council five years ago and the net result is citizens will save 10 cents. Mr. Kinnison asked staff to respond to Mr. O'Brien's comments. Mr. McDaniel explained that there are two separate issues. There is a fee the city collects through the franchise fee for rental of the city's right-of-way. During that time period, there were double-digit increases in telecommunications fee revenue. Now staff is asking for the Council to adopt a 40 cent 911 service charge fee, which is a totally different item. He said that fee was previously collected by the COG for a regional program at 50 cents per telephone line. He said the city felt its share of the revenue was not being put back into the community so they successfully brought a lawsuit. Mr. Kinnison asked if the city is fully recovering its costs for the 911 service and Mr. McDaniel said they are not, which means that the city is subsidizing the cost with other revenue sources. He added that staff surveyed 21 cities and there were one or two cities charging less than 40 cents. City Manager Garcia said most of them charge between 70 and 80 cents per phone line. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 23, 2002 - Page 18 33. ORDINANCE NO. 024971 Ordinance adopting a monthly forty -cent local exchange access line service fee to provide for the purchase, installation, and maintenance expenses, including some required personnel, of 9-1-1 service in the City of Corpus Christi, Texas. The foregoing ordinance passed on second reading by the following vote: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal and Chesney absent. * * * * * * * * * * * * * Mayor Pro Tem Scott referred to Item 35, and a motion was made, seconded and passed to open the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas: Birmingham Street from Airline Road to Lyons Street and Lyons Street from Airline Road to end of street. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 35.b. ORDINANCE NO. 024973 Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas: Birmingham Street from Airline Road to Lyons Street and Lyons Street from Airline Road to end of street; imposing assessments totaling $126,514.51 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. An emergency was declared and the foregoing ordinance passed: Scott, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Neal, Chesney and Kelly absent. 35.c. M2002-233 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,024,912.74 with Salinas Construction of Pleasanton, Texas for the following: Birmingham Street from Airline Road to Lyons Street and Lyons Street from Airline Road to end of street. The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Neal, Chesney and Kelly absent. * * * * * * * * * * * * * Mayor Pro Tem Scott called for a short recess. Upon reconvening, he referred to the presentation on the day's agenda (Item 37), Bond Issue 2000 quarterly report No. 5. Mr. Angel Minutes - Regular Council Meeting July 23, 2002 - Page 19 Escobar, Director of Engineering Services, said that of the 46 different projects, 29 construction contracts have been awarded equaling about $18 million. He said 16 projects have been completed and another nine projects are pending their "punch lists." Mr. Escobar then reviewed the projects in the following categories: public health and safety, park and recreation/museum, streets, seawall, and arena. Mr. Scott asked about the irrigation project for South Guth Park. Mr. Escobar said it is pending completion in the next 30 days. Responding to Council Member Colmenero, Mr. Escobar said the convention center is being constructed in the same time sequence as the arena. Mr. Colmenero also asked about the Horne Road expansion project. Mr. Escobar said the city's construction will occur much later than that by the Regional Transportation Authority. He added that the senior center projects have been completed. Council Member Garrett asked about the traffic light project at 19th and Morgan and Mr. Escobar said it is an upgrade. Mr. Garrett asked if those lights will be synchronized with nearby intersections. Mr. Escobar said the synchronization is being addressed through ground rules between the city and the Texas Department of Transportation. Council Member Noyola said there needs to be a left turn light at 19th and Morgan and Mr. Garrett said that will be corrected. Council Member Kelly asked about the completion date for the new signalization of the last four intersections. Mr. Escobar replied that bids will be received in October 2002 and construction will start the following month with completion in June 2003. Mr. Kelly commended staff for keeping up with all the projects and maintaining the schedules. Council Member Noyola asked about the street resurfacing project on South Staples from Gollihar to Williams. Mr. Escobar said staff is waiting for the Gollihar, Ayers and Up River Road projects to be bid to see where they stand financially. He said there may be a deductive change order for the Alameda project which may be used. Mr. Noyola also asked about street improvements on Cliff Maus Road (FM 665 to Rockford Road). Mr. Escobar said Central Power and Light is now relocating their utility lines and road construction will start in late September. Mr. Noyola said flashing lights are needed at the four-way stop in that location. Council Member Kinnison said these quarterly reports are helpful in continuing to inform the Council and the public about the status of the bond projects. He noted that these are just the beginning of the infrastructure improvements that need to be made and the Council plans to go back to the voters in 2004 to approve more projects. He also asked about the synchronization of key traffic lights. Mr. Escobar said they are working to obtain the equipment to start that process. Mayor Pro Tem Scott asked when the contract will be awarded for the arena project. Mr. Kevin Stowers, Assistant Director of Engineering Services, said staff should receive final plans and advertise the project in September with the award scheduled in October 2002. Mr. Scott said the successful completion of these projects will also positively impact the economic development ballot issues in November 2002 by restoring citizens' faith in city government. * * * * * * * * * * * * * Minutes - Regular Council Meeting July 23, 2002 - Page 20 Mayor Pro Tem Scott opened discussion on Item 38, second reading of the budget ordinance. He called for comments from the audience. Mr. J.E. O'Brien said he opposes the adoption of this budget because this is the worst budget process regarding any public input he has seen in 23 years. He said the city has had a substantial valuation increase, which results in increased revenues. He suggested that the city consider taking the following actions: increasing the over 65, disability, and homestead exemptions from S50,000 that inflation has been eroding; allowing a discount for the early payment of taxes; and possibly reducing the tax rate. He said it would be prudent for the city to reinstitute an internal auditor position and he added that the budget needs a lot more work. Mr. Jose Marroquin said the Council does not consider the public because the time period for them to speak changes. He said the city has a large fund balance in the Combined Utility Fund and the Council still approved 5% utility rate increases. He also discussed the increase in revenues from the increased valuations. Council Member Kinnison said the exemptions for over 65, disability and homestead total about $1.262 billion, which is over 10% of the gross value of all the property in the city. Mr. McDaniel agreed, saying the major piece of that is the over 65 exemption followed by the homestead exemption. Mr. Kinnison said the $50,000 exemption amount is also near the top of the list compared to other cities, and Mr. McDaniel said in his experience it is. Mr. Kinnison added that the same people who tell the Council how important it is to give city employees a raise are the same ones who complain when the Council uses the increased revenues from the valuations for that purpose. Mr. Kinnison said he agrees that the budget public hearing should be scheduled at a specific time. However, he said the reason there has not been very much public comment about the budget is because the city's financial condition has improved tremendously over a very short period of time. In addition, the city has had three upgrades in its bond rating and has gone from having practically no money in reserves to over $10 million. Mr. Kinnison said in order for the Council to pass the budget, they need to first amend it to include the additional revenue from the increased valuations. Mr. McDaniel explained that staff budgeted a 4.5% increase while the final number was 4.95%. He said in the General Fund that equates to an additional $157,652 and staff recommends using $50,000 to help pay for the November 2002 election with the balance to be added to the General Fund contingency. Mr. McDaniel said staff is also asking staff to roll forward $20,000 in the Maintenance Services Fund that had been earmarked for a skate park that will not be able to be used by the end of the fiscal year. He said the debt service portion of the increase in the tax roll is $63,105, which will go to the Debt Service Fund. Mr. Kinnison made a motion to amend Item 38 as stated by Mr. McDaniel, seconded by Council Member Colmenero. Mr. Kinnison thanked the Budget Director and his staff for being very responsive to the Council's questions and requests, which is a great improvement over past years. Mr. Colmenero commented on the many ways in which the city's financial situation has changed for the better, while at the same time acknowledging the $200 million to $300 million worth of public works that have to be done. Minutes - Regular Council Meeting July 23, 2002 - Page 21 Mayor Pro Tem Scott also commented on how things have changed over the last three years and he complimented Mr. McDaniel and staff for their efforts. He also asked if there is a change in the revenue projections of Reinvestment Zone No. 2. Mr. McDaniel said it is basically the same -- about a 5% growth. City Secretary Chapa polled the Council for their votes on Mr. Kinnison's motion to amend Item 38 as stated by staff. The motion passed as follows: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria and Noyola voting "Aye"; Neal and Chesney absent. Mr. Chapa then polled the Council: 38. ORDINANCE NO. 024974 Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1, 2002 to be filed with the County Clerk; appropriating monies as provided in said budget. The foregoing ordinance passed on second reading, as amended: Scott, Colmenero, Garrett, Kelly, Kinnison, Longoria and Noyola voting "Aye"; Neal and Chesney absent. * * * * * * * * * * * * * Mayor Pro Tem Scott called for petitions from the audience. Mr. J.E. O'Brien wished Mayor Neal a speedy recovery and said he hopes he will become a strong advocate of some citizens' proposed charter amendment for a strong -mayor form of government. Mr. O'Brien, President of the Corpus Christi Taxpayers Association, announced that they have concluded their petition drive to change the form of government. He said Mr. Bill Kopecky will be submitting to the City Secretary 479 separate petitions that contain nearly 9,600 signatures, of which they have verified 8,295 names. He said they should have ample signatures for a successful petition drive and a place on the November ballot and are anticipating a successful election. Mr. Bill Kopecky said the petitions were gathered entirely by volunteers. He said he wanted to refute the accusation that they have been misleading the people about this issue. He said they explained that this is to start the process to move toward a strong -mayor -council form of government, which would not be effective until April 2005. He said should the issue pass (and they think it will), this will give the Council the opportunity to appoint a Charter Review Commission consisting of citizens to make all the other changes necessary to implement a strong -mayor form of government. Mr. Jack Gordy said that on July 10, 2002 he requested a copy of the Attorney General's opinion saying there could not be a choice on the ballot for the location of a baseball stadium but he did not receive it. He said that on July 16th the City Attorney discussed the location issue in relation to the ballot and the next day Mr. Gordy requested a copy of any legal document that exists that prohibits this City Council from giving the people a choice of location for the baseball stadium on the ballot. He said as of this morning staff has not found that information. He said every week the Council is given bad information and he urged them to start asking more questions. Council Member Minutes - Regular Council Meeting July 23, 2002 - Page 22 Noyola asked staff to provide citizens with the information they request if it is available. Mr. Craig LeBlanc said that last weekend he relocated his boat to the city's marina. He said the harbor master and his staff were very courteous, helpful and efficient and he encouraged the Council to recognize their efforts. Mr. Jose Marroquin said the city has an excessive amount of debt and the city is not in good financial shape. Council Member Longoria said that multi-million dollar projects are accomplished by borrowing the funds and not with cash. In the same way, very few people are able to pay cash for a house, for instance. Council Member Kinnison said he believes the bond rating agencies' opinion about the city's financial condition. He added that he hopes each Council member takes the petition on the strong - mayor form of government very seriously and works to inform the public about the issue. He said there was a reason Corpus Christi changed to a Council-manager form of government and he invited people to investigate the problems being experienced by cities with strong -mayor governments. Mayor Pro Tem Scott asked what happens next with the strong -mayor petition. City Secretary Chapa said his office will begin the verification process immediately. They have already obtained the list of registered voters from Nueces County to determine how many registered voters there are in the city limits minus the "suspense" voters, resulting in the percentage of signatures that will be required for the petition. He said that approximately 7,000 to 7,200 signatures will be required for the petition to be valid. He said it should take his office about 10 to 12 work days to verify the signatures. If the petition is determined to be valid, on August 20, 2002 the Council will amend the election ordinance to include a charter amendment containing the verbiage from the petition. Mr. Chapa added that the ordinance can be amended up to 45 days before the November 5th election. Mayor Pro Tem Scott opened discussion on Item 39, Municipal Court judges compensation study. He announced that the Council would go into executive session under Texas Government Code Section 551.074 regarding the evaluation of Rodolfo Tamez, Chief Municipal Court Judge, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Council Member Longoria, Chairman of the Municipal Court Committee, made the following motion, which was seconded by Council Member Noyola. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 39. M2002-234 Motion authorizing the new salary ranges for the Presiding Municipal Court Judge and the Municipal Court Judges as recommended by the compensation study and increasing the Year 1 salary of the Presiding Judge by 10% and the Municipal Judges by 5%. Minutes - Regular Council Meeting July 23, 2002 - Page 23 The foregoing motion passed by the following vote: Scott, Colmenero, Garrett, Kelly, Longoria, and Noyola voting "Aye"; Neal, Chesney and Kinnison absent. Mayor Pro Tem Scott recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation (Item 40). * * * * * * * * * * * * * Upon reconvening, City Secretary Chapa announced that the executive session regarding Jon Harwood et al v. City of Corpus Christi, No. 00-4149-G, 319' District Court, Nueces County, Texas, had been withdrawn. Mayor Pro Tem Scott called for the City Manager's report. Mr. Garcia noted that the city is celebrating its sesquicentennial on September 9, 2002 and staff was requesting that the regularly scheduled Council meeting of September 10th be moved to September 9th instead. Mr. Garrett made a motion to move the Council meeting of September 10, 2002 to September 9, 2002. The motion passed. Mr. Garcia also noted that Wednesday, September 11, 2002 is the first anniversary of the terrorist attacks in New York City and the Pentagon. He said a memorial service is being planned to begin at the time the attacks began that morning. The City Manager said the next Council meeting will be held on August 20, 2002 with a joint meeting of the Crime Control Board. Mayor Pro Tem Scott called for Council reports. Mr. Garrett noted that a public hearing is scheduled on August 20th regarding the wrecker ordinance. He asked if city staff are planning to meet with the wrecker company representatives before that time. Mr. Garcia said staff is developing a very detailed draft ordinance and they plan to advise the representatives of those proposals. Mr. Garrett also asked if city staff periodically check the quality of the lunches served at the senior centers. He said he has received complaints about the food at Lindale Senior Center. Mr. Dan Whitworth, Director of Park and Recreation, said the menus are developed by a nutritionist and prepared at the Central Kitchen and delivered to the sites. He said staff will look into that issue. Dr. Boostrom said the Health Department checks all food establishments in the city for safety issues. Mr. Noyola asked staff to talk to Texas Department of Transportation officials about the need to mow the grassy areas on the highway medians and rights-of-way. He added that the sand traps at Lozano Golf Course need more sand in them and he said he heard that 60 new pull carts had been purchased and were all sent to the Oso Golf Course, while the older carts were sent to Lozano. Mr. Whitworth said he would look into that. Mayor Pro Tem Scott said the Council wished Mayor Neal a speedy recovery and he encouraged citizens to participate in the National Night Out on August 6th. He reiterated that this is the most successful budget the city has had in about 15 years and staff deserve a great deal of credit. He said they are leading up to an ambitious fall schedule with the November election. He said he hopes the citizens agree that they are moving in the right direction. There being no further business to come before the Council, Mayor Pro Tem Scott adjoumed the Council meeting at 6:30 p.m. on July 23, 2002.