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HomeMy WebLinkAboutMinutes City Council - 04/16/1996I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes e Regular Council Meeting of the City of Corpus Christi of April 16,1996, which were approved y the City Council on April 23, 1996. WITNESSETH MY HAND AND SEAL, this 23rd day of April, 1996 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 16, 1996 2 p.m. PRESENT Mayor Mary Rhodes Mayor Pro Tem Melody Cooper Council Members: Dr. Jack Best Betty Black Tony Heldenfels Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols City Staff: Deputy City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Rhodes called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Edward Seeger, Corpus Christi Metro Ministries, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper. 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 Rhodes called for approval of the minutes of the regular Council meeting of April 9, 1996, and there being no corrections, she proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 2, presentations and consideration of proposals for City Manager search services. Each representative of the two search firms said he would agree to leave the Council Chambers while the other representative gave his presentation. Mr. David W. Eisenlohr, President of Ralph Andersen & Associates, introduced Mr. Chuck Rohre, a Senior Consultant with that company. Mr. Eisenlohr went on to describe Ralph Andersen & Associates, which has been providing a variety of management consulting services and search support to the local public sector for 24 years. He also gave an overview of the search process, including determining the Council's expectations for the new city manager, and identifying, evaluating and presenting qualified candidates for the Council's selection. Lastly, he discussed the Minutes Regular Council Meeting April 16, 1996 Page 2 firm's Texas and national experience and its reputation. Responding to Council Member Betty Jean Longoria, Mr. Eisenlohr said if his firm was selected, he would be the lead consultant conducting the search and Mr. Rohre would provide office support. In reply to Mayor Rhodes, Mr. Eisenlohr said that if at the end of the search process the "short list" of candidates did not sufficiently meet the Council's expectations, then they would continue the search process until the Council was satisfied. Council Member John Longoria asked about other Texas cities that have worked with Ralph Andersen & Associates in the last six months. Mr. Eisenlohr said they included Galveston, Flower Mound, and Cedar Park, as well as Bryan and College Station in the last year. Responding to another question from Mr. Longoria, Mr. Eisenlohr said whether the firm solicits input from other groups in addition to the City Council was the Council's decision. Council Member Best noted that he had been a member of a former Corpus Christi City Council that had hired a former city manager. Replying to Dr. Best, Mr. Eisenlohr emphasized that his conversations with the Council were confidential. He briefly discussed additional aspects of the search process, including the salary of the new city manager. In reply to Council Member Black, Mr. Eisenlohr explained that the industry standard guarantee is that, if within the first year (for whatever reason), the city manager the firm has helped place does not work out, then the firm would repeat the search without charge for a professional fee -- they would ask to have their direct out-of-pocket expenses reimbursed. The next presentation was given by Mr. Norman C. Roberts, President of Norman Roberts & Associates Inc., who described his and his firm's experience and qualifications. He noted that he has 27 years of executive search experience, including recruiting a prior city manager for Corpus Christi. Mr. Roberts detailed his firm's strategy in recruiting candidates for a position, including emphasizing the thoroughness with which they conduct background checks of the candidates. He said the process also includes helping the Council negotiate terms of employment and other mechanics of the process. Mr. Roberts also stressed the fact that, if hired, he would be personally conducting the search for a new city manager, which he said he is very experienced in doing. He discussed his fine's success in recruiting and placing many women and minority candidates; their rate of rehire by different entities; and their intentional specialization in executive search. In response to Mayor Rhodes, Mr. Roberts also addressed the issue of a lack of qualified candidates, saying he would suggest that the time be extended or the specifications broadened, Minutes Regular Council Meeting April 16, 1996 Page 3 depending on the circumstances. He added that there would be no additional fee as long as they stayed within the parameters of the search. Dr. Best asked about the confidentiality issue, and Mr. Roberts replied that it was the firm's professional responsibility to maintain confidentiality while still reflecting the Council's ideas and thoughts in the profile. He added that he would recommend that the "short list" consist of at least five candidates to provide a choice, and he suggested that a general idea of the salary be discussed initially while allowing for future negotiation. Mr. Longoria asked about the firm's Texas experience in the last six months, and Mr. Roberts replied that his firm had done a lot of work for the San Antonio water system and he was currently conducting three searches for the city of El Paso. Replying to a question about the selection strategy, Mr. Roberts said the Council would establish the criteria for selecting the new city manager after his firm provides input gathered from community sources. Mr. Eisenlohr was asked to return to the Council Chambers to answer another question. Mayor Rhodes asked if Ralph Andersen & Associates offered other services in addition to executive search, and Mr. Eisenlohr said they provided consulting services as well. After both representatives had stepped out, Council Member Martin asked if the Council's action that day could be to approve by motion the award of a contract to one of the firms, with the terms of the contract to come back to the Council in a few weeks. City Attorney Bray said the Council could take that action. Mayor Rhodes commented that she liked the fact that Norman Roberts and Associates only engages in executive searches and not consulting work as well. She said both companies were excellent. Council Member Heldenfels echoed her comments. The Mayor added that their fees were practically identical, so cost was not a factor in selecting either firm. Mr. Martin made a motion to make the necessary authorization to hire Norman Roberts & Associates to conduct the city's executive search; seconded by Mr. Heldenfels. 2. M96-109 Motion authorizing the award of a contract to Norman Roberts & Associates Inc. for the recruitment of a new City Manager. A hand vote was taken and the foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting April 16, 1996 Page 4 Mayor Rhodes opened discussion on Item 3, recommended speed limit increases on state - maintained highways in Corpus Christi. Mr. Carl Crull, Group Manager for Public Works and Utilities, said that the repeal of the federal 55 mile per hour speed limit was the impetus for the review and modification of the speed limits on state highways. State law gives the Texas Transportation Commission exclusive authority to set speed limits on highway and expressway systems based on engineering and traffic investigations. He said that the Texas Department of Transportation (TXDOT) was proposing speed limit changes on those systems in Corpus Christi. Mr. Crull said city staff had reviewed TXDOT's proposals and agreed with them with two exceptions: the section of Crosstown Expressway from Padre Island Drive to IH -37, where a 60 mph speed limit (rather than 65 mph) would be more appropriate based on the type of traffic (commuter and short trips) and accident patterns; and the section of Padre Island Drive from Crosstown to Rodd Field Road, where staff is recommending maintaining the 55 mph speed limit (as opposed to 60 mph), particularly since this is a very high-volume and high -accident corridor. Mr. Crull said the city's Transportation Advisory Committee met on April 10, 1996 and voted 4-3 (with two members absent) that they support TXDOT' s speed limit recommendations in total. He said if the Council approved the proposed resolution, it would then be forwarded to TXDOT and ultimately to the Transportation Commission, which is scheduled to consider this issue during their April 25 meeting. Once the commission sets the speed limits, the Council would adopt the necessary ordinances for enforcement purposes. Mr. Tom Word, TXDOT District Engineer, acknowledged that this is a sensitive issue that needs to be carefully evaluated, and TXDOT feels it has done that. He said speed zoning is a technical, albeit emotional, issue and the law leaves little room for discretion. He said TXDOT believes that 60 mph is the lowest speed that the law would allow on South Padre Island Drive (SPID) from Crosstown to Rodd Field Road. He said TXDOT will continually work with the community and the City Council to evaluate how to better control problems that may arise. Mayor Rhodes expressed concem about individuals who are unfamiliar with the city's traffic patterns, particularly traveling from Crosstown onto SPID where traffic slows extremely quickly due to congestion at several intersections. Mr. Word pointed out that many people are already traveling 70 mph in several areas; he added that every major Texas city is experiencing the same problems. Council Member Heldenfels suggested that some signage is needed to warn motorists of the specific dangers they may experience in certain areas. Mr. Word said that was a good idea that TXDOT probably should evaluate. Responding to Council Member Best, Mr. Word explained that the law establishing a speed Minutes Regular Council Meeting April 16, 1996 Page 5 limit variation of up to 7 mph beneath the "85th -percentile" travel speed was passed by the Texas Legislature several years ago; he said most speed zoning across the country is established in the same manner. Dr. Best also expressed concern about excessive speed on SPID. Mr. Word said that a variety of solutions should be considered as a whole, including enforcement activities and modifications to design (such as the Southside Retail Area Transportation Study). Mayor Rhodes thanked Mr. Word for giving the Council the opportunity to review TXDOT' s recommendations before they were considered by the Texas Transportation Commission. Council Member McNichols said that most of the fatal and near -fatal accidents on that portion of SPID are related to excessive speed, and he said even more such accidents would occur there if the speed was increased. He said all the Council could do was to go on record saying the increased speed was poor judgment and should not be done. He added that he disagreed with both city staff and TXDOT about the speed on Park Road 22 (SPID) from Naval Air Station Drive to the west end of the JFK Causeway Bridge. Dr. McNichols said since that road has no inside shoulder and is an uncontrolled -access roadway, a speed increase there is a violation of public safety. Council Member Betty Jean Longoria said citizens seemed to be most concerned with a possible speed increase on SPID. She added that if the Crosstown extension was completed -- relieving congestion on SPID--then a later increase in speed on SPID could be considered. Council Member Martin raised the same concerns as Dr. McNichols had about Park Road 22. He also emphasized the need to enforce the speed limit laws, and asked that the Police Chief discuss that issue with the Council. Council Member John Longoria also commented on the section of SPID from Crosstown to Rodd Field Road, noting that there is the frequent danger of exiting traffic backing up onto the highway at some very congested intersections. Mr. Word said TXDOT would be further evaluating the Southside Transportation Study, saying there were some long term improvements that could be put in place that were not too expensive. Mr. Heldenfels said his father had built the portion of SPID to the JFK Causeway Bridge, and the width of the roadway was constrained by soil conditions on either side. Council Member Black said she supported staffs recommendation on SPID from Crosstown to Rodd Field, although traffic congestion usually dictates a slower speed. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting April 16, 1996 Page 6 3. RESOLUTION NO. 022539 Resolution stating the City of Corpus Christi's recommendations, as specifically shown on Attachment "A", to the Texas Department of Transportation for speed limits on State - maintained expressways and other highways in Corpus Christi, and acknowledging the City's concurrence with the speed limits recommended by the Texas Department of Transportation, with the exception of its speed limit recommendations for the Crosstown Expressway and the Padre Island Drive Expressway between the Crosstown Expressway and SH 357. The foregoing resolution passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, Martin, and McNichols voting "Aye"; Heldenfels and J. Longoria voting "No." * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 4, mission statement of the Drainage Utility Ad Hoc Committee. Group Manager Crull gave a brief history of the drainage utility, pointing out that in 1993 the Council passed a resolution that endorsed the concept of a drainage utility and basically directed the City Manager to take the steps necessary to begin the process of establishing that utility. Staff then researched the issue and told the Council last July that in order to establish the drainage utility, a public hearing needed to be held on whether or not a utility should be established, with a subsequent hearing on the rates and charges. On July 18, 1995 the Council adopted a resolution scheduling the public hearing; the Council also directed staff to hold a number of public meetings in the neighborhoods. Mr. Crull said that as a result of much public input at those meetings, the Council on September 12 voted to cancel the public hearing. At that Council meeting there was discussion about the establishment of the ad hoc committee, which was created on November 28, 1995. The staff provided the ad hoc committee members with a draft of a mission statement, and the members had much discussion about whether or not they should amend that mission statement to include language about whether or not the drainage utility should be established. Mr. Crull said the committee members have received much information from staff and he did not think their time had been wasted. At their April 4, 1996 meeting, the committee members raised questions about the mission statement and they voted to ask the Council for clarification. He added that the chairman, Mr. Willard Hammonds, was not able to attend the Council meeting but other committee members were present. Mayor Rhodes asked staff to explain why a drainage utility was needed at all. Deputy City Manager Hennings said staff first began discussing the concept of a drainage utility as a financing Minutes Regular Council Meeting April 16, 1996 Page 7 mechanism for the drainage program when Environmental Protection Agency (EPA) officials in Dallas urged staff to consider that approach in 1992. They said that in order to meet the requirements of a federal stormwater permit, the city needed to demonstrate its financial capacity to take on the additional expenses that the federal program was going to impose. He said EPA was promoting the formation of drainage utilities all across the country, and many cities have established them as a result. Mr. Hennings said that soon after the Council began grappling with the overall need for infrastructure improvements and capital improvement needs of the wastewater and water systems, the need for additional water supply, and the total financing needs of the city. Consequently, in 1993 the Council approved a financing plan which included: a 6% annual rate increase in water, wastewater and gas rates; the restructuring of the Choke Canyon debt with the federal government; and the establishment of the drainage utility concept to take over the financing requirements of the drainage program. Mayor Rhodes noted that she and staff made a presentation to the bond rating agencies, telling them that the Council had made the commitment to establish a drainage utility. She added that the Council wanted to establish a drainage committee that was as fair as possible --the business community had felt that the potential rate structures were unfair to them and the committee members were selected to give the Council input as to a fair rate structure. The Mayor said she hoped that the committee members would still be willing to help the Council determine fair rates. She added that they would not force anyone to serve on the committee if they were uncomfortable with the mission statement. The Mayor continued that the Council spent a great deal of time on the overall financing needs of the community, which is not getting any wealthier while the infrastructure needs are becoming more desperate. She then asked staff to delineate some of the projects that would be funded through the financing program. Mr. Crull said they included expansion of the Westside Wastewater Treatment Plant and a study to determine where an additional 7 million gallons per day in treatment capacity in the wastewater system should be placed. He noted that several treatment plants are approaching capacity and if that were to occur, the Texas Natural Resource Conservation Commission (TNRCC) or the Environmental Protection Agency (EPA) could tell the city that it could not issue any more connection permits in that particular service area. Mr. Crull said that needed drainage projects included: improvements to the Salt Flats drainage outfall; improvements to drainage ditches; and repair and replacement of curbs and gutters. Mayor Rhodes pointed out that drainage problems have often resulted in raw sewage entering people's yards and homes, particularly in some housing projects. Minutes Regular Council Meeting April 16, 1996 Page 8 Council Member McNichols asked if the capital improvement projects that need to be financed over the next five years can be met with existing revenue from the combined utility system, and Mr. Crull replied that they could not. Dr. McNichols pointed out that Corpus Christi's charter prohibits the transfer of revenues from any municipally owned utility (such as water, gas or wastewater) to any other department or purpose, unlike other cities, which rely on inter -departmental transfers. He added that the cap on utility rate increases also constricts this city's ability to maintain its infrastructure. Council Member Heldenfels said the staffs original proposal for the drainage utility had included projected revenues of about $9 million. He said he was not opposed to establishing the drainage utility as long as approximately $3 million that had been used from the water fund to pay for drainage needs was returned. Council Member Martin said he had been convinced of the need and benefits of a drainage utility, both from the standpoint of the availability of funds and the ability to determine where specific costs were occurring. He said staff's original proposal in 1993 included much lower projected needs than was presented in 1995. Mr. Martin said the Council was not satisfied with last year's proposal as discussed during the public meetings. He said the Council needed a different proposal, which it was not successful in receiving. As a result, the Council decided to utilize a citizen -based committee to make recommendations about the rate structure. Mr. Martin said that for whatever reason, the committee members asked if they could enlarge the mission statement that had been sent to them to consider the advisability of a drainage utility, possibly as opposed to other alternatives that they may suggest; he said whether they should have taken that action no longer mattered. He said he thought the Council needed to tell the committee members to be thorough in their work and to let them finish it. He said he did not think it would be helpful to give the committee members a new assignment or to alter their assignment. Mayor Rhodes urged the committee members to recognize that this is their opportunity to help the Council set the rate structures in a way that they think is fair. Council Member John Longoria concurred with Mr. Martin, saying he had faith that the committee members can bring back a rate structure and service plan that they need. He said the public meetings illustrated the many drainage problems that need to be addressed. Mr. Longoria added that whether or not a new mission statement is needed, he felt the committee had been tainted by some members who had been swayed by a small group of large property owners and wealthy people. He said that as a result, some committee members put their personal views and those of their friends in front of the needs of the whole community. He said the committee members should go back and try to remedy the drainage problems that are experienced throughout the city by bringing back a viable service plan. Minutes Regular Council Meeting April 16, 1996 Page 9 Council Member Betty Jean Longoria said that some people may not be aware of the city's many drainage problems because they are not personally affected. However, one of the housing projects that experiences many problems (Leathers) is located in her district, and the Housing Authority was forced to close down some of the units due to raw sewage backing up during heavy rains. She cited other areas in her district where drainage problems occur. Mrs. Longoria said she was open to the recommendations the committee members will make. Council Member Cooper said she had no doubt that the drainage utility was needed for certain essential services; she also felt there was no question that the rate structure proposed by staff was unfair to those with large square footages. She added that the mission of the ad hoc committee was to review the rate structure primarily, and she encouraged them to concentrate on how to develop an equitable system. She said the funds will have to come from somewhere --if not from a utility then from other forms of taxation. In calling for comments from the audience, Mayor Rhodes said she wanted the discussion to be limited to the motion in front of the Council, which was the mission statement of the committee. Mr. Steve Smith said Mr. Willard Hammonds, Chairman of the Drainage Utility Ad Hoc Committee, could not attend the day's meeting due to another commitment. Mr. Smith said the committee had worked on its mission statement for several months and questions were raised during their last meeting (April 4, 1996). He said the committee was asking the Council to tell them what the Council wants them to study. Ms. Brooke Sween -McGloin, a committee member, said that while concerns about money were important, the issue was also about protecting the community's assets, responsible stewardship of its resources, and improving the quality of life. She said that despite recent media reports to the contrary, the committee members have not voted against recommending the creation of a drainage utility district, although they have voted to ask the Council to clarify their mission. Ms. Sween - McGloin said she felt some committee members had no intention of establishing a drainage utility and had deliberately avoided any thoughtful consideration of the issues. She said the committee members had the opportunity to pursue creative, cost-effective solutions to drainage problems through different land use and management practices, for example. Mr. Jim Barnett, another committee member, said that one of the committee's first tasks was to approve the mission statement that had been provided. He said the members felt that if their approval of their mission was being sought, then their input was as well, and they ultimately approved an amended mission statement. Mr. Barnett quoted a 1993 Council -approved resolution, which said, "expressing the intent of the City Council to establish a drainage utility and pursue other potential funding mechanisms to pay costs associated with the water delivery and conveyance contract with the Lavaca-Navidad River Authority." He said that resolution gave the impression that Minutes Regular Council Meeting April 16, 1996 Page 10 the drainage utility was being formed to "free up" money for other uses. He said many committee members felt that the EPA requirements were a minor part of the total problem that the committee was charged with finding solutions to. Mr. Barnett continued that he had not heard anyone from the staff or Council say that the city does not have the funds, resources or capabilities to solve the drainage problems with the existing mechanisms. Mayor Rhodes said they had made that point very clearly --the city does not have the money it needs to solve its drainage problems. She added that there were two important components: the mandated EPA regulations, and some very badly needed capital improvement projects, which cannot be funded through existing means. Mr. Barnett said it was his opinion that that was not clearly conveyed at the outset. Council Member Black commended the committee members for their efforts. She said she thought the committee's mission was to determine a fair rate structure, and they should be asked to go back and finish the work they had begun. Council Member Best said the people of Corpus Christi needed to realize the constraints that were involved: the 68 cent tax cap, the 6% cap on raising utility rates per year, and increasing demands for more and better public services. He agreed that last year's proposed rate structure was unfair and that is why the committee was formed --to develop equitable drainage utility rates. He emphasized that there will be a drainage utility. Dr. Best added that the rate would mean another tax, but it was necessary in order to provide the quality of life that people want. Responding to Mrs. Longoria, Mr. Smith said the committee was asking the Council to vote on their request to clarify their mission. Dr. Best made a motion to instruct the committee to continue working on this issue and to return with a plan that is equitable to both large and small property owners to form a drainage utility district, including what fees should be charged. The motion was seconded by Mrs. Longoria. Mr. Martin said he did not have a problem with receiving a recommendation from someone, hearing their reasoning for it, and then making his own decision. He said there was no question that the Council's original intent in forming the committee was to have them recommend a rate structure. However, he said it was intriguing that a group of individuals may have a different conclusion, and he was interested in learning what that might be. Mr. Martin said they should submit an interim report about their findings. Dr. Best said if the committee members reported to the Council that they did not recommend the formation of a drainage utility, then they should identify alternate sources of revenue to solve the city's drainage problems. Mayor Rhodes pointed out that the committee was purposefully "stacked" with people whom the Council felt ought to have input into the process --big business Minutes Regular Council Meeting April 16, 1996 Page 11 interests and big landowners --because the rates as proposed would greatly affect them; the committee was not equally representative of the whole community. However, she continued, once the mission statement changed, then the committee's structure should have changed. Mr. Heldenfels said the committee should be allowed to finish its work, and if the Council does not agree with their recommendations, they could send them back with more instructions or form another committee. Mr. Longoria pointed out that the members seemed to want to continue with their work, and they were asking for direction from the Council. Mayor Rhodes said that once the Council voted on this issue, that has to be the Council's instruction; the Council has to speak with one voice and the committee and staff have to abide by that, even if there is dissension. She added that it is inappropriate for Council members to testify before their committee --there is a provision in the City Charter prohibiting that. Mrs. Longoria said she supported Dr. Best's motion. Mr. Bob Gulley, President of the Corpus Christi Mobile Home and R.V. Park Owners Association, said the Council should not appoint a committee and then "gag" it. He said he has thought for some time that the drainage utility was a "back door" way for the city to raise money for other projects. He questioned whether the Council had the authority to create revenue through a utility and then use the funds for different purposes; he said it was wrong to do so. He added that revenue should be raised from all citizens equally, and not just from large property owners. Mayor Rhodes reiterated that the revenue raised from the drainage utility would only go toward the projects that have already been identified, and there was nothing "back door" about the process. Mr. Jim Baxter, of Padre Staples Mall, said he and others believed that the amended mission statement should be allowed to stand, adding that maybe a drainage utility was not the solution. He acknowledged that there were many concerns about proper drainage, but it was only natural for people to react to the proposition of increased rates. Replying to Mr. Gulley's previous comment, the Mayor said rather than trying to "gag" the committee members, the Council wanted a full report from them. Mr. Leon Loeb, Managing Partner of Loeb and Company Ltd. (which owns much commercial real estate in Corpus Christi), said his company was not only concerned about their operating expenses but also about the growth and long-term viability of the community. He said this was the first time he had heard a public official admit that the drainage utility was a funding Minutes Regular Council Meeting April 16, 1996 Page 12 mechanism for the capital improvement program regarding other utility services. He said he has been concerned with what he called the lack of integrity with which the staffs proposals were put forth. He added that many of the properties which require drainage will not pay a drainage fee because they are not developed, which he criticized. He said he was disturbed by Council members' comments that a drainage utility would be established; he thought that public hearings needed to be held first. Mr. Martin referred to comments made by Mr. Gulley and Mr. Loeb, which he said may have been attributed to him but were erroneous. Mr. Martin emphasized that the drainage utility funds can only be used for drainage projects. The city is currently funding drainage projects with water, wastewater and gas funds, which are needed for water, wastewater and gas projects. He noted that all four kinds of projects (drainage, water, wastewater and gas) are part of the same capital improvement program. He said part of the committee's assignment is to first be convinced about what the drainage needs are so as to determine if funds are needed; and secondly, if drainage activities can continue to be funded out of existing activities (water, wastewater and gas). He said there were just as many people who could question why their taxes for water, wastewater and gas were being used for drainage activities. He said a city could establish a utility only for cost accounting, but not charge for it. Dr. McNichols said that a full-page ad placed in the April 15, 1996 Caller -Times was unconscionable; he said it was totally inappropriate to attack people who work hundreds of hours to improve this community. He added it was an attempt by special interests to sway public opinion. Ms. Dee Huber, 508 Flood Street, said her street is appropriately named. She said citizens would be more open to taxes if they could see the results. Mr. Fernando Morales, a member of the Drainage Utility Ad Hoc Committee, said he believed in enhancing the city's infrastructure. He said staff did an excellent job in providing the committee members with most of the information, but their obstacle was determining a rate for the drainage utility because they did not know how much everything would cost. Mr. J.E. O'Brien, 4130 Pompano, said he had attended some of the committee's meetings and he commended the members. He said this was another scheme to raise funds, and he cited several figures to support his view. Mr. Bill Brown, 5830 McArdle, said the newspaper ad was his and other citizens' First Amendment right to express their views, and not an attack on anyone. He said it was intended to raise public awareness about what they perceived was an attempt by the staff --not the Council --to muzzle the committee. He said the staff's proposed rate structure was overburdensome and unfair, and the committee should be allowed to work independently to draft their findings. Minutes Regular Council Meeting April 16, 1996 Page 13 Mr. Neil Trollinger, 337 Stages Dr., said he had attended the committee's April 4 meeting, and he urged the Council to let them continue with their revised mission statement. He suggested that the committee look into some of the write-offs on leaks and other adjustment figures in the Water Department. Mr. Roy Smith, co-owner of Padre Staples Mall, said he worked hard to establish that mall and he wants to keep it competitive; every time they receive an increase in taxes, they have to pass it to the consumers. He added that the Council members work hard in their positions. Mayor Rhodes suggested an amendment to Dr. Best's motion: that the committee members be instructed to devise a fair rate structure, as well as be allowed to include whatever else they want in their report. She said staff would have to provide the members with a clear list of which projects are needed. Both Dr. Best and Mrs. Longoria accepted Mayor Rhodes' amendment. The Mayor added that the people who testified before the Council also needed to testify before the ad hoc committee. Dr. Best asked if the committee could be given a time in which to bring back their recommendations. Mr. Smith said he could not speak for the committee, but their next meeting was scheduled for April 25, 1996. Mayor Rhodes suggested they discuss a time frame then. Mr. Martin said that he understood the committee's amended mission statement states that they are to decide whether a drainage utility is necessary; and if the Council elects to establish a drainage utility (not if they elect to recommend one), they are to decide what the rates should be. Mr. Smith said that was correct. Mr. Martin suggested that the committee's amended statement be allowed to stand, and Mayor Rhodes replied that that would change the primary focus; therefore, she let the motion stand. She assured the committee members that the Council would be open to anything else they want to include in their report. She added that she was sending the committee members back with their original mission statement, but she was leaving them the freedom to bring the Council other recommendations as well. Mrs. Black said the Council should put their trust in the committee members, saying they would not recommend something that is not good for the entire community. 4. M96-101 Motion to instruct the Drainage Utility Ad Hoc Committee to come back to the Council with a recommendation on an equitable drainage utility rate structure for city customers to include any other recommendations the Committee may make. Minutes Regular Council Meeting April 16, 1996 Page 14 A hand vote was taken and the foregoing motion passed by the following vote: Rhodes, Best, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Black not casting a vote. Mr. Longoria asked that staff provide to the committee a proposal of about $3 million to $4 million in order to give the committee some direction. Mr. Hennings replied that the members have all that information. Mrs. Longoria thanked Mr. Crull for his efforts. * * * * * * * * * * * * * Mayor Rhodes announced that the discussion on water supply issues was being postponed until next week. Mr. Hennings called the Council's attention to a memo from Mr. James Dodson, Regional Water Director, in the City Manager's transmittal, which included a schedule of possible actions related to the drought contingency plan if there is no rain. He said staff planned to bring that to the Council next week for discussion and action. City Secretary Chapa announced that the applicant of the zoning case on Item 7, Sonrisa Partners Inc. (Case No. 396-6), had requested a 30 -day postponement. She said she was opening the public hearing on that case, which would be tabled until the May 21, 1996 Council meeting. Council Member Martin said that when this happens, any cost associated with advising the public needs to be borne by the people requesting the extension. * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6, contract for engineering services for Phases 1 and 2 of the Gateway Project. Mr. R.H. Shackelford, Director of Engineering Services, said that in order to proceed with the Gateway Project, an engineering services contract must be executed for preparation of contract plans and specifications. The project is currently divided into two phases with two contracts per phase. The most urgent of these is Phase 1, Contract 1 (Westbound IH -37 reconstruction - Shoreline to US 181 Overpass), which must be designed and completed by April 1, 1997 in order to provide a cleared site for construction of the new federal courthouse. Mr. Shackelford said staff sent out requests for proposals to 28 local firms. Four proposals were received, and as a result of interviews and extensive deliberation, the Goldston Engineering team was selected as the most highly qualified. The team includes Bass & Welsh, Robert Gignac Landscape Architect, and other sub -consultants for public involvement, traffic engineering and graphics. The fee negotiated for the project, which includes both phases and four contracts, totals $368,750 ($334,000 for basic services and $34,750 for additional services). Minutes Regular Council Meeting April 16, 1996 Page 15 He said staff intends to authorize Goldston Engineering to proceed only with Phase 1, Contract 1; the engineering fees for that phase are $127,750. Future phases and contracts will be authorized only upon conclusion of negotiations for the site of the new federal courthouse. Council Member Martin asked if the $127,750 was at risk, and Mr. Shackelford said it could be less if staff did not go out for bids for the construction contract. Mr. Martin said there was no definitive approval of the projects or sources of funds, and he said the Council should be given that information at some point. Responding to Council Member McNichols, Mr. Shackelford said it was his understanding that the bulk of the funding for the Gateway Project would come from the sale of the land for the new federal courthouse. He added that other sources were: a Texas Parks & Wildlife Department grant for $500,000; Permanent Art Trust Fund allocation of $200,000; Downtown Management District commitment of $200,000; and Regional Transportation Authority funding of $300,000. Mr. Tom Utter, Group Manager for Development Services, said the U.S. General Services Administration (GSA) is moving forward with the design for site 2 (the north/south Shoreline Boulevard configuration). He said staff has had preliminary discussions with officials from the Greater Corpus Christi Business Alliance, which occupies a building on that site. He explained that the reason staff was expediting this project was due to GSA's expressed time constraints and need for a cleared site. Mr. Utter added that staff hopes to come back to the Council in the next 30 to 60 days with a funding scenario. In reply to Council Member John Longoria, Mr. Utter said GSA is investigating the possibility of building the federal courthouse on one area of the site, and the Alliance property would be an expansion area, so it is not known how quickly the plans would affect the Alliance. Mr. Longoria said he thought the Alliance needed to acknowledge the plans for the courthouse site, and the Council should approve the entire project as a whole. Council Member Heldenfels said his opposition to this project had nothing to do with Goldston Engineering's involvement in it. Mayor Rhodes called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.a. QRDINANCE NO. 022540 Ordinance appropriating a Texas Parks and Wildlife Department grant in the amount of $500,000 for the Gateway Project; amending Ordinance No. 022394 that adopted the FY 95- 96 capital budget to increase appropriations in the Park Capital Improvement Fund No. 291 by $500,000. Minutes Regular Council Meeting April 16, 1996 Page 16 An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 6.b. ORDINANCE NO. 022541 Ordinance transferring $190,000 from the Permanent Art Trust Account 111-000-243.61 for the Gateway Project; amending Ordinance No. 022394 that adopted the FY 95-96 capital budget to increase appropriations in the Park Capital Improvement Fund No. 291 by $190,000. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels voting "No." 6.c. M96-102 Motion authorizing the City Manager to execute the contract for engineering services for the Gateway Project with Goldston Engineering for a fee not to exceed $368,750. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * 7. POSTPONED * * * * * * * * * * * * * Mayor Rhodes opened discussion on Item 6.5 on the supplemental agenda regarding taxicabs. City Attorney Bray explained that the bankruptcy trustee had authorized the sale of the assets of Yellow Cab to a new cab company, Angel Industries Inc., which in the meantime, had made an application to the city to operate 35 cabs within the city. The Council had previously maintained the status quo for the owner -operators of 15 Yellow Cabs, allowing them to operate temporarily under the Branscum permit, which had basically been authorized by the trustee. Minutes Regular Council Meeting April 16, 1996 Page 17 He said staff was recommending in the interim (before staff comes back to the Council on April 30, 1996 to hopefully resolve all of it) that the Branscum temporary certificate be canceled and that the new company, Angel Industries, be allowed to operate those same owner -operator cabs under a temporary emergency certificate. Mr. Bray added that staff had received pending requests from five or six different cab companies for certificates of convenience and necessity to operate an additional 119 cabs; a hearing has been held on some of those requests but not all. He said staff would like to bring a recommendation to the Council at one time with respect to the necessity finding. Staff has also been in the process of receiving information from other cities that, in essence, no longer have a finding of necessity. He said the resolution being considered on the day's agenda was essentially a stop -gap measure with a recommendation to follow on April 30. Responding to Mayor Rhodes, Mr. Bray said the bankruptcy order is not final yet --there is a period of 10 days in which someone could file objections; if that occurs, a hearing would be held. Council Member Martin suggested an amendment to the resolution, with language to the effect of "...and such other transfers may be made by city staff consistent with any bankruptcy court rulings" (provided they are temporary). He also suggested that staff not hold any hearings on certificates of convenience and necessity if staff is planning to recommend deleting the requirement of convenience and necessity. Mayor Rhodes called for comments from the audience. Mr. Les Cassidy, an attorney representing Mr. Sterling Branscum, said his client opposed the resolution because the temporary permit they had been operating under only related to owner - operated cabs --cabs which are not assets of the bankruptcy estate. He said his client has spent over $11,000 in insurance to operate as well as purchased necessary equipment. He said Mr. Branscum has not been able to purchase the rest of the assets from Yellow Cab because of a bid submitted by another party. He said there were people present who wanted to remain employees of Branscum Transportation Service. Mr. Cassidy said it was not necessary to cancel his client's permit, even if the new application was approved. In reply, Mr. Bray said that on March 26, 1996, the Council approved a certificate of convenience and necessity to Branscum Transportation Service dba Yellow Taxi Cab Company to operate 15 cabs in the city until the bankrupt estate was resolved. The most important asset of the bankrupt estate was operating under the name "Yellow Cab," and the bankrupt estate has now determined who will be allowed to use that name. Mr. Bray said that while there was no perfect solution to this situation, staff's recommendation comes closest to the status quo. Mayor Rhodes asked how they should respond to Mr. Branscum, who has invested money Minutes Regular Council Meeting April 16, 1996 Page 18 in his company. Mr. Bray replied that the commitment was totally subject to the bankruptcy proceeding and was on a week -to -week basis. Mr. Martin said the bankruptcy trustee can determine the use of the name "Yellow Cab" but he cannot dictate to the owner -operators. He said that in order to maintain the status quo, the Council should just remove the dba Yellow Cab. Mr. Martin then asked: if Angel Industries Inc. requested that they operate as dba Yellow Cab, did they have the authority of the bankruptcy trustee to do that, and Mr. Bray said he thought they did. Mr. Hal George, a local attorney representing Padre Island Shuttle dba American Cab Company, gave several reasons why he opposed the proposed resolution. That action would authorize the issuance of a temporary emergency certificate of convenience and necessity to Angel Industries Inc. for the operation of a maximum of 15 cabs within the city through April 23, 1996. He said the issuance of the emergency certificate did not abide by the proceedings called for in the Code of Ordinances. Responding to Mr. Martin, Mr. George said his client, American Cab Company, is permitted for 12 cabs and they have an application pending for 25 more (the hearing has already been held). He said the granting of 15 permits to Branscum Transportation Service on March 26 was a violation of the city's ordinance and his client opposed it. Mayor Rhodes asked what would occur if the Council did not act on the recommendation during that meeting. Mr. Bray replied that Branscum's present permit would continue for 15 cabs dba Yellow Cab Company, for which they did not have the authority; in effect, the 15 owner - operators would not be able to operate. Mr. David Moore, 7838 Wolverine, said he and his partners in Angel Industries were the previous employees of Yellow Cab. He said all 15 owner -operators have signed letters of intent and are insured. He said they offered a fair price for the assets of Yellow Cab. Replying to Mr. Martin, Mr. Cassidy explained that he represented Branscum Transportation Service, which had the permits for 15 cabs. He said the 15 owner -operators were working for Branscum until the bankruptcy trustee said he was going to sell Yellow Cab to Angel Industries Inc., but they will work for whatever company gives them the best fee. Mr. George Puente, an owner -operator and part-owner of Angel Industries, said when it was leamed that Angel had bought Yellow Cab, Branscum Transportation went "off the air" for 24 hours, which is a violation of the ordinance. Mr. Sterling Branscum, President of Branscum Transportation Service, said the reason he shut down his cab service was because the bankruptcy trustee had informed his attorney of the sale, Minutes Regular Council Meeting April 16, 1996 Page 19 and he did not want to operate Yellow Cab under his insurance after the sale. He said he was the first person to submit a bid for the assets of Yellow Cab. Mr. Branscum also contested the price that Angel offered for Yellow Cab. He said he has been in compliance with the city's regulations and he has employees who want to continue operating. Mr. Bray suggested the following amendment to Section 2 of the proposed resolution: "That a temporary emergency certificate of convenience and necessity is issued for that company or companies which have contracts with those 15 owner -operated taxicabs which previously operated under the certificate of Branscum Transportation Service Inc., to operate those 15 owner -operated taxicabs within the City of Corpus Christi commencing this date and continuing through April 23, 1996, and on a weekly basis thereafter pending further action by the City Council; subject to compliance with all terms and conditions established in Chapter 57, Article II, Taxicabs, of the Code of Ordinances." Council Member Best made a motion to accept the amendment recommended by Mr. Bray; seconded by Council Member McNichols. Responding to Mayor Rhodes, Mr. Bray said he thought that only Angel had a contract with the 15 owner -operators; if a change in that situation occurred, the amendment would allow whichever company had a contract with those 15 owner -operators to temporarily operate. In reply to Dr. McNichols, Mr. Bray said the intention was to let those 15 owner -operator cabs continue to operate. He explained that the resolution previously adopted allowed them to operate under Branscum Transportation doing business as Yellow Cab, but since Branscum no longer had authority to do business as Yellow Cab, essentially they would have no authority to continue to operate, unless the proposed resolution passed as amended. Mr. Bray said they are trying as much as possible not to inconvenience anyone. In response to Mr. Martin, Mr. Bray said the staff's recommendation will be to delete the requirement for certificates of convenience and necessity. Mayor Rhodes called for a hand vote on the amendment to the resolution, and it passed. City Secretary Chapa polled the Council for their votes as follows: 6.5 RESOLUTION NO. 022545 Resolution canceling the Certificate of Convenience and Necessity issued on March 26, 1996 to Branscum Transportation Service Inc., dba Yellow Taxicab Company, Jack Sterling Branscum, President; and authorizing the issuance of a Temporary Emergency Certificate of Convenience and Necessity to that company or companies which have contracts with Minutes Regular Council Meeting April 16, 1996 Page 20 fifteen (15) owner -operator taxicabs for the operation of a maximum of fifteen (15) taxicabs within the City of Corpus Christi through April 23, 1996; subject to compliance with all terms and conditions established in Chapter 57, Article II, Taxicabs, of the Code of Ordinances; and continuing and deferring further proceedings. The foregoing resolution passed, as amended, by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. * * * * * * * * * * * * * Mayor Rhodes called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 8 through 16, and Council Members did not request that any items be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 8. M96-103 Motion approving a supply agreement with Gonzalez Tire Company, Corpus Christi, Texas for field tire repair service in accordance with Bid Invitation No. BI -0111-96 based on only bid for an estimated annual expenditure of $162,495. The term of the contract will be for twelve months with an 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 Maintenance Services and the Fire Department in FY 95-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 9. M96-104 Motion approving a supply agreement with Power Equipment International for truck brake pads and shoes in accordance with Bid Invitation No. BI -0143-96 based on low bid for an estimated annual expenditure of $17,000. The term of the contract will be for twelve months with an 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 Maintenance Services and the Fire Department in FY 95-96. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. Minutes Regular Council Meeting April 16, 1996 Page 21 10. M96-105 Motion approving a supply agreement with San Antonio Plumbing, Corpus Christi, Texas for approximately 22,700 black and galvanized pipe fittings, ranging in size from %2" - 4" in accordance with Bid Invitation No. BI -0165-96 for an estimated annual expenditure of $15,648.92 based on low bid. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in FY 95-96 by the Gas and Water Departments. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 11. M96-106 Motion authorizing the appointment of an ad hoc peer panel to the Municipal Arts Commission consisting of art specialists to review applications for the FY 1996-97 Performing Arts Subgrant Program. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 12. M96-107 Motion authorizing the City Manager or his designee to execute an engineering services contract with HARCO Technologies Corporation in the amount of $29,500 for a waterline condition survey and report for Holly Road Improvements, Phase II, from Everhart Road to Rodd Field Road. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 13. M96-108 Motion authorizing the award of a contract in the estimated amount of $84,000 to Collier, Johnson & Woods to perform the financial and compliance audit requirements for fiscal year ending July 31, 1996. The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. Minutes Regular Council Meeting April 16, 1996 Page 22 14.ORDINANCE NO. 022542 Ordinance amending Ordinance No. 021509 passed and approved on November 3, 1992 by amending Section 3 to adopt the final assessment roll and assessments levied against the owners of property abutting on Waldron Road from Purdue Road to South Padre Island Drive. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 15.a. ORDINANCE NO. 022543 Ordinance authorizing the City Manager or his designee to execute an Interlocal Agreement with the Regional Transportation Authority accepting $150,000 for the construction of a bus turn -around facility at the Corpus Christi Museum of Science and History. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 15.b. ORDINANCE NO. 022544 Ordinance appropriating the Regional Transportation Authority's contribution of $150,000 from the Museum Expansion/Bayfront Arts & Sciences Capital Improvement Fund No. 263 for the construction of a bus turn -around facility at the Corpus Christi Museum of Science and History. An emergency was declared and the foregoing ordinance passed by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. 16. FIRST READING ORDINANCE Amending the Code of Ordinance, Section 3-3, Banners, Etc. Over Public Streets. The foregoing ordinance passed on first reading by the following vote: Rhodes, Best, Black, Cooper, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Heldenfels absent. *********** Minutes Regular Council Meeting April 16, 1996 Page 23 Mayor Rhodes called for the City Manager's report and Council concerns and reports, and there were none. The Mayor then recessed the regular Council meeting at 5:40 p.m., prior to the public hearing on the FY96 Consolidated Annual Action Plan. * * * * * * * * * * * ** Mayor Rhodes reconvened the regular Council meeting and opened the public hearing at 6:10 p.m. regarding the City of Corpus Christi's proposed FY96 Consolidated Annual Action Plan (AAP), that is the application for funding for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG) Programs. The Mayor explained that because of the availability of funds, there would be several sets of recommendations which would provide funding of projects at 44%, 94.9% or full funding. She then described the process for recommendations for funding and stated that the Council would be using the Planning Commission's list of recommendations. She further stated that those projects that are not on the list probably would not receive funding at this time. Group Manager Utter stated that informational sheets had been provided for the public regarding recommended funding for the Consolidated Action Plan, with final adoption occurring at the May 14, 1996 Council meeting. Mr. Utter informed the Council that a previous application by The Our House/Ronald McDonald House had been declared ineligible for funding by HUD, but it had since been found to be eligible for funding In addition, conversations with the Senate Banking Committee indicated that the funding level would possibly result in 100% financing of the projects, which in turn would provide an additional $250,000 in grants. He stated that staff recommended that the additional funds be used to fund the Ronald McDonald House for $40,000 and the Coastal Bend Council on Alcohol and Drug Abuse for $25,000. He further stated that the remaining funds of the $250,000 be used for contingencies as has been done in previous years. Responding to Mr. Martin's concerns regarding the funding of the Ronald McDonald House, Mr. Utter replied that the Planning Commission had recommended funding of the project if it were eligible. At the Mayor's request, Mr. Utter identified and commented on projects that were not funded equally by both the Planning Commission and staff. Council Member John Longoria suggested that $35,000 from the 44% funding of the Housing Authority C.C. - Improvements be transferred to the 44% funding of the MBOC - Match. Minutes Regular Council Meeting April 16, 1996 Page 24 He stated that this would be in line with the other recommendations made by the Planning Commission and staff with Council approval on the recommendations. Mayor Rhodes stated that the Council needed to conduct the public hearing first before making changes to the list. Council Member Betty Jean Longoria inquired as to the approval of the recommendations, whether it would be the 44% or the 94.9% funding. Mayor Rhodes replied that the Council would need to approve both recommendations as well as approve the additional $250,000. Mayor Rhodes called for comments from the audience. Mr. Vic Menard, 1510 Dove, District Director of the American Association of Retired Persons (AARP), spoke about their request for funding of the design of the new Southeast/Southside Senior Center. He stated that the recommendation to the staff was to build a facility on the south side of Padre Island Drive, but that the recommendation by staff to the Planning Commission was to build on the southeast side of Padre Island Drive (near Airline and McArdle). He explained that there was a larger need for a location on the south side of Padre Island Drive because many senior citizens did not like to travel on South Padre Island Drive to reach area centers (Lindale and Ethel Eyerly). He further stated that the population growth in the area south of Padre Island Drive would result in the facility being utilized more frequently. He asked that the Council make a commitment to locate the facility south of Padre Island Drive. Mayor Rhodes recognized citizens who were attending the hearing in favor of the new facility. She stated that the funding would be used for the design phase only and that the location would be discussed at a later date. Responding to a concern by a citizen, Mr. Utter explained that the Senior Citizens' Advisory Board will conduct meetings before a determination is made as to the location of the new facility. Ms. Elsa Ciminelli, 3018 Daytona Drive, member of the Senior Community Services Advisory Committee and chairman of the Program Planning and Evaluation Subcommittee, outlined steps which would be taken to determine the best location for a new facility; she said the findings would be presented to the City Council. Ms. Sylvia Bowman, Director of LULAC Village Park Apartments located at 1417 Horne Road, asked for the Council's support for the construction of a playground/recreational area which would be utilized by children of all ages in the surrounding area. She stated that this was the first time in LULAC's 27 -year history to come before the Council to request funding for a project. Mr. Raaf Vasquez, President of the LULAC Apartments Board of Trustees, spoke on behalf of board members and staff, thanking the Council for their consideration of their request for funding. Minutes Regular Council Meeting April 16, 1996 Page 25 Council Member Martin asked for a brief description of costs associated with the LULAC project. Mr. Utter stated that the total cost of the project is estimated at $60,000 with staff recommendation for funding of $50,000. Mr. Martin then requested that a brief description of the costs be given for the remaining projects. Mr. Richard Gonzales, a resident of Corpus Christi, passed out two publications associated with the Corpus Christi Minority Business Opportunity Committee (MBOC). He said the publications had been favorably received. He then informed the Council that the 1992 Economic Census would show that the City no longer ranked in the top 10 out of 20 (but still in the top 20) for cities in the United States utilizing minority purchasing policies. He further commented on the request for funding for MBOC and minority businesses creating jobs for young people. Mr. Martin responded to Mr. Gonzales' statement regarding minority participation in contracts for the city. He stated that the city does maintain records and that the information is available upon request. Responding to Mr. Martin's inquiries regarding the funding for MBOC, Mr. Utter explained that the request is for a match ($35,000) to fund a project costing $100,000. He said that the application for funds from the Minority Business Enterprise Agency for $100,000 is not guaranteed and that the match would assist in funding approximately $65,000 to $70,000 of the project costs. A brief discussion ensued. Mr. Lamont Taylor, 1517 Van Loan, commented favorably on MBOC and their involvement in assisting minority and women -owned businesses to be recognized within the city. He commented that the program has identified over 5,000 minority-owned businesses and another 3,400 women - owned businesses. Mr. William Flemings, representing the Black Chamber of Commerce, stated that MBOC has helped many minority-owned businesses to succeed and to be identified in the community, which has resulted in the procurement of approximately $12.5 million in contracts. Mr. Manuel Villarreal, 4521 Stonegate Way, commented on the continuance of MBOC for providing assistance to minority businesseses and urged the Council to fund the program. He stated that information provided by the city does not indicate enough participation by minority businesses. Mr. Martin inquired about whether women were included in the definition of minority businesses under the federal guidelines. He stated that at the inception of the program, women were not included but the publication about MBOC that had been distributed had listed women as a minority. Mr. Utter replied that minority women were included but that women as a class alone were not. Mr. Gonzales stated that the publication included the federal definition. Mr. Utter then explained that the grant does not include women as a class as a minority, but that companies which Minutes Regular Council Meeting April 16, 1996 Page 26 are owned by 51% women are considered minority businesses and are eligible for other federally funded programs. Mr. Martin then requested a written explanation of the definition of minority- owned businesses. Mr. Don Smith, 405 West Clark, representing the Coastal Bend Council on Alcohol and Drug Abuse, and speaking on behalf of the Executive Director of the Council, stated that the Council had been in existence for 40 years and had recently purchased a building. He explained that the requested funds would be used for renovations to the building. He also commented on the services provided by the Council. He further stated that the Council had obtained other federal grants. Mr. Utter informed the Council that the Universal Little League was not on the recommended list for funding but that the League had submitted a request for funding. Mr. Moses Leyba, representing Universal Little League, explained to the Council that their request for funding included the construction of a Seniors League ballpark as well as restroom facilities. He asked that the Council consider their request. Mrs. Longoria inquired as to the necessity of a ballpark as opposed to the restrooms. Mr. Leyba stated that the children do go play elsewhere but that there is an immediate need for restroom facilities. Mrs. Longoria then suggested that staff investigate the possibility of constructing two centralized restroom facilities to accommodate the entire ballpark. She further stated that consideration be given to consolidating projects to be funded because of the limited amount of funds available. Mr. Leyba commented that the ballparks are not within close proximity to each other and that the construction of a centralized restroom would not be feasible. Mayor Rhodes suggested that the relocation of the concession stand and expanding the restrooms would be more cost-effective. Mr. Utter stated that the estimate submitted was for $60,000 to construct restroom facilities to meet ADA requirements. He further stated that staff felt that two other ballparks were more crucial for funding. Mrs. Rhodes stated that it would be difficult to fund a project without more detail, and that the organization contact staff to assist them in obtaining funds at next year's CDBG program. The Mayor then asked for clarification of the request. Mr. Leyba stated that the restrooms needed to be in compliance with the ADA standards and that the restrooms be located away from the concession area. Mr. Utter stated that the construction of restroom facilities with the $60,000 funding would be close. Council Member Martin commented on the funding for baseball leagues every year and stated that with the inception of the Community Progress Partnership, many organizations (youth sports) which will not receive funding through the CDBG process would possibly receive funding through the Partnership. He also suggested that at a later time, partial funds received for Planning Minutes Regular Council Meeting April 16, 1996 Page 27 and Administration be used to hire a person to perform assessment of needs for projects. Mrs. Longoria reiterated Mr. Martin's comments. She also stated that funding over the years has improved the ballpark. Mr. Carl Lewis, 1720 Hickory, Universal Little League coach, expressed his appreciation to the Council on their comments regarding requests for funding and added that he supported the League's efforts. He asked that the Council consider implementing a plan to consolidate the funding of all youth -related facilities. Mr. Martin stated that obtaining $4 million to $5 million would improve all youth sports facilities within the City and commented that a bond sale would generate the necessary funds to accomplish the improvements. Mr. Lewis stated that the Youth Sports Network has assisted with some funding, to which Mr. Martin commented that the Network funding, along with volunteers, has improved the fields but that major funding is needed to improve all facilities. Mr. Lewis further stated that the city should have a plan for improving all youth activities and the subsequent distribution of funds for improvements. Responding to Council Member Black's concerns, Mr. Utter stated that staff would assist the League in obtaining funds at next year's CDBG program as the Mayor had suggested. He also stated that Mr. Martin's proposal would also be examined. Mrs. Black then questioned the cost of the restroom facility. Mr. Utter explained that the request for $60,000 would only provide limited restroom facilities. Mrs. Longoria inquired if the Corpus Christi Independent School District (CCISD) girls athletes were utilizing the Universal Little League baseball fields. Mr. Utter replied that the recent issue pertained to the Greenwood Softball Complex. He stated that the staff had recommended funding the International Westside Pony League which is used by the fast pitch girls softball organizations. Mrs. Longoria also asked about plans between the city and CCISD for the use of the fields located at International Westside Pony League. Mr. Utter stated that CCISD does use the city's softball fields and are in the process of building fields at the area schools for girls' sports. Mr. J.R. Flores, vice president of the Westside Business Association, spoke about the membership of the Association and described their ongoing involvement in the Agnes Corridor Beautification Project. He stated that CDBG funds ($65,000) were being requested for the Gateway Project, which includes the Agnes/Laredo underpass. He commented that funds for the project (total cost of $210,000) have been committed by the Association ($5,000), Regional Transportation Authority ($70,000), and Texas Department of Transportation ($70,000). He also described the planned improvements to the area. Mr. Utter explained that the request was for $20,000 with an additional $50,000 for in-kind Minutes Regular Council Meeting April 16, 1996 Page 28 services from the city's Park and Recreation and Engineering Departments. Mr. Martin said the total request should reflect $70,000. Mr. John Wilson, Executive Director of the Ronald McDonald House, located at 3402 Fort Worth Street, expressed his appreciation to the Department of Housing and Urban Development and the Council for their approval to recommend funding for the facility after it was found to be eligible for funding. Mr. Wilson introduced Ms. Eva Casada, from Brownsville and a resident of the Ronald McDonald House, stated that her child is at Driscoll Children's Hospital and that without the House, she would be staying in the lobby of the hospital. She stated that she was very grateful for the facility's services. Mr. Manuel Flores, representing the girls' fast pitch programs at the International Westside Pony League and Colt League, thanked the Council for funding improvements to the area for the benefit of the children. Mr. Flores stated that he agreed with Mr. Martin's suggestion regarding improvements to all the parks. He commented on the differences in the playing fields for the boys and the girls. He also stated that the recommended funding of $65,000 would not be sufficient and requested full funding for $170,000 which would construct the regulation girls' playing fields. Mr. Chris Anderson, representing The Passage HIV/AIDS Housing Center, commented briefly on the grant proposals submitted for both the CDBG and ESG programs. He said that the organization was requesting assistance from the Council in obtaining additional HUD funds for the building of such facilities. Replying to Mayor Rhodes, Mr. Anderson said the additional funds were not related to the CDBG or ESG programs. Mr. Utter said staff would be available to assist in the preparation of a grant proposal. Mr. Anderson then discussed the application process for obtaining such funds. Rev. Ed Seeger, Executive Director of Corpus Christi Metro Ministries, commented on the organization receiving ESG funds for the last six years. He said this year's funding, if approved, would enable Metro Ministries to continue to assist persons in obtaining housing, employment, and food. He also commented on the many volunteer hours (approximately 500,000 hours) that are contributed by members of the community. Mr. Utter said Dr. Maria Luisa Garza of the Gulf Coast Council of La Raza, who could not attend the meeting, agreed to staff's recommendation of Metro Ministries receiving $75,000 with La Raza receiving $35,000. Mrs. Longoria made a motion to close the public hearing; seconded by Council Member Heldenfels and passed unanimously. Responding to Mrs. Longoria's inquiries, Mr. Utter replied that the funding request of $250,000 for the Senior Community Services Central Kitchen Renovation could be accomplished Minutes Regular Council Meeting April 16, 1996 Page 29 with $50,000, which the Planning Commission and staff recommended. Mayor Rhodes asked the Council if they would like to make changes to the 44% recommendation. Mr. Martin said he would like to eliminate funding for the Southmoreland Addition Street Improvements-Design/Phase II for $30,000 because there were no funds allocated for Phase I. He commented that the project should be done as a package and that the allocation for $30,000 would be wasted. Mr. Martin made a motion to eliminate the $30,000 from the Southmoreland Addition-Design/Phase II and to reallocate the funds; seconded by Mayor Rhodes and passed unanimously. Mayor Rhodes referred to the discrepancy of the recommendations for improvements to the Housing Authority ($35,000 - Planning Commission; $0 -staff) and the MBOC match ($0 - Planning Commission; $35,000 - staff). Mrs. Longoria made a motion to eliminate the Housing Authority recommendation and to allocate the funds to MBOC. Mayor Rhodes asked what would occur with the Housing Authority with the elimination of that funding. Mr. Utter replied that in discussions with Mr. Victor De La Cruz, Housing Authority Executive Director, a recommendation for $64,183 (94.9% funding) had been reached but that staff did not consider the 44% funding ($35,000) because it would not be adequate to accomplish the project. Mr. Martin again expressed concern about the operations of MBOC. He said he felt that funding was necessary but that the agency should address the issues brought before the Council. He inquired about the coordination of services with other agencies, such as the Greater Corpus Christi Business Alliance and the Small Business Administration. He stated that the city has been very involved in assisting minority businesses to obtain contracts through competitive bidding, and it was erroneous on the part of the publisher of the newsletter to state otherwise. Mrs. Longoria said an MBOC staff member should have made the presentation to address the various issues. Responding to Mr. Longoria, Mr. Utter explained that if the contract requires minority business participation and the contractors cannot meet the requirement, they are assessed a fine. Mr. Crull further clarified that provisions within the contract require the contractor to make a good faith effort in obtaining minority participation, and if he cannot do so, then staff can forgive the participation. If the contractor does not make a good faith effort and fails to meet the requirement, he or she can be assessed a penalty. He also stated that the contractors the city utilizes do satisfy or exceed the requirement. Mr. Longoria inquired if the information regarding minority participation was available, and Mr. Crull said that it was. Mrs. Longoria's motion to eliminate the Housing Authority recommendation by the Planning Minutes Regular Council Meeting April 16, 1996 Page 30 Commission and allocating the funds to MBOC passed unanimously. Following a discussion, Mr. Longoria made a motion to allocate the funds previously recommended for the Southmoreland Street improvements design ($30,000) to the Universal Little League's request for funding. Mayor Rhodes said staff would have to make a recommendation on the best way to use that funding. The motion passed unanimously. Responding to Mayor Rhodes, Mr. Utter said he thought the program would be funded at 95% or more. Mr. Martin discussed the Southeast/Southside Senior Center, saying that staff should not be biased in favor of a southeastern location for that facility. Mayor Rhodes commented that that issue would be considered later. Mr. Longoria made a motion to reallocate the funding for the Housing Authority ($64,183) to the Universal Little League, and then to accept the rest of the staff's recommendations as listed under the 94.9% funding. Mrs. Longoria seconded the motion. Mr. Utter commented that the Housing Authority's operating subsidy under the new housing act would be reduced 25%, and he emphasized the importance of security lighting and fencing. Mr. Martin said that if the Council approved funding for the LULAC Village playground, it would indicate that that was the highest need for a park that is not funded. He noted that the city has many parks that need improvements. Mr. Utter acknowledged that that was a difficult decision to make, but staff stood by its recommendation. He added that the city had parks that could be upgraded; however, over the years substantial CDBG funds had been allocated to city parks. Mayor Rhodes pointed out that under the 94.9% funding recommendation, the Coastal Bend Council on Alcohol and Drug Abuse would not receive funding. Mr. Longoria replied that if the city received 100% funding, that agency would receive a grant. The Mayor then reiterated Mr. Longoria's motion, and it passed by a hand vote of 5-4. Mayor Rhodes explained that if the city received 100% funding, staff recommended the following allocations: $40,000 to the Our House/Ronald McDonald House; up to $25,000 to the Coastal Bend Council on Alcohol and Drug Abuse; and the rest for contingency purposes. Mr. Utter said staff wished to amend its original recommendation so that the rest of the funds could be allocated to the Housing Authority, up to $64,183 which the Planning Commission and staff had recommended. The Mayor said she accepted Mr. Utter's amendment, and the motion passed. Dr. Best made a motion, seconded by Mr. Heldenfels, to accept staffs recommendation Minutes Regular Council Meeting April 16, 1996 Page 31 regarding funding of the ESG program. The motion passed unanimously. Dr. McNichols made a motion, seconded by Mr. Heldenfels, to accept the recommendations for funding of the HOME program. The motion passed unanimously. Mrs. Longoria made a motion to tentatively approve the Consolidated Action Plan as discussed and attached; seconded by Mr. Heldenfels. Assistant City Secretary Koenning polled the Council for their votes as follows: 21.b. M96-110 Motion tentatively approving the projects/activities of the FY96 Consolidated Annual Action Plan that is the application for funding for the Community Development Block Grant, HOME Investment Partnerships, and Emergency Shelter Grants programs The foregoing motion passed by the following vote: Rhodes, Best, Black, Cooper, Heldenfels, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye." * * * * * * * * * * * * * Mayor Rhodes called for petitions from the audience. Mr. Mondo Camilla and Ms. Becky Colombo announced an anti -gang rally that would be held at Texas Sky Festival Park on Saturday, April 20, 1996 from 2-6 p.m. They said the rally would also be in remembrance of D.J. Ramirez, who was a recent victim of gang violence. They also asked that Saturday be proclaimed as a day of peace in Corpus Christi, and they invited the Council to attend the rally. Mayor Rhodes said they could call her office and her staff would prepare a proclamation for that purpose. Responding to a question from Council Member Martin, Mr. Crull said that American Communication Services Inc., a fiber optic company, had submitted its plans and request for a building permit, but the other fiber optic company had not. Mr. Martin commented that the passage of an emergency ordinance on March 26, 1996 might not have been needed after all. There being no further business to come before the Council, Mayor Rhodes declared the Council meeting adjourned at 8:15 p.m. on April 16, 1996. * * * * * * * * * * * * * FY96 Tentatively Approved Projects/Activities CDBG PROGRAM (4414) 62,312,000 (94.914) 66,009,333 (100%) $5,257,333 700,000 700,000 700,000 750.00Q 75000 750 000 33,762,000 65,459,333 $ 6,709,333 FY96 CDBG Allocation Reprogrammed Funds Program Income from Rehabilitation Repayments TOTAL FUNDS AVAILABLE FOR FY96 CDBG PROGRAM 4 AGENCY/PROJECT NAME„ 44% Funding Level 94,9% Funding LKW 100% Fining Level PARKS & REC. FACILITIES 38 T.C. Ayers Basketball Cover 60,000 60,000 33 T.C. Ayers Parking Rehab. 15,000 15,000 31 Wiggins Playground 40,000 40,000 37 Joe Garn Outdoor Multi Purpose Court Rehab 32,000 32,000 32 Old Bayiew Cemetery -Improvements 35,000 35,000 70 UnNersal Little League - ADA Comp. Restrooms 30,000 64,183 64,183 71 WBA-Agnes/Laredo imp. 65,000 65,000 65,000 STREET IMPROVEMENTS 12 Southmoreland Addition St. Imp/Phase I 1,436,000 1,436,000 13 Southmoreland Add. St - Design/Phase II 30,000 30,000 49 Collection Sys. Rehab. (Souhmoreland) 330,250 330,250 CLEARANCE 6 Demolalon of Vacant Structures 200,000 200,000 200,000 7 Demo101oNReplacemenl 8 Relocation 70,000 70,000 70,000 5 Code Enforcement 87,000 87,043 87,043 PUBLIC FACILITIES 27 New Southeast /Southside Senior Center -Design 30.000 30,000 30,000 23 Ernest Carter Pavilion Design 10,000 10,000 40 Sr. Comm. Svs. Central Kitchen Renovation 50,000 50,000 59 Housing Authority of C.C. - Improvements 64.183 NEIGHBORHOOD FACILITIES - - 62 Nelghbomood Centers of C.C. - Addition 100,000 118,933 116,933 69 Tract 16 Improvements 44,248 44.248 65 Our House, McDonald Hous. 40000 57 Coastal Bend Council on Alco. 8 Drug Abuse 25.000 61 Lulac Villlage Playground 50,000 50,000 60 International Westside Pony League 60,000 60,E 54 Am. Little League ADA Imp. (Restrooms only) 60,000 60,000 60000 ADA COMPLIANCE/HANDICAP. ACCESS. • City Facilities • ADA Compliance ' 123,000 •• 395,200 " 395.200 HOUSING 9 Emergency Repair Grant Program 800.000 900,000 900,000 10 Rehab Services 622.000 622,000 622,000 11 Single Family Rehab Loan 1,000,000 1,000,000 1,000,000 2 Collection Services -Mortgage Servicing 50.000 51,476 51,476 63 NCCAA Weaherlsaeon Program 80,000 80.000 PLANNING & ADMINISTRATION:- 3 CDBG General Administration 365,000 365,000 365,000 41 Comprehensive Planning 50,000 50,000 170,817 4 MBOC - Match 35.000 35,000 35,000 8 Weed 8 Seed Program 75000 75,000 75,000 TOTAL 3762,000 6,459,333 6,709.333 City Facilities- ADA Compliance 9'S 1,20 , and 42 " City Facilties - ADA Compliance ti's 1. 17, 20, 25, 26, 28, 30,42, 43, and 44. Should 100% of FY95 CDBG funding levels be received, Housing Authority of CC will receiv 64,183, McDonald House - 340,000 and Coastal Bend Council on Alco. 8 Drug Abuse - 325,000 and the balance would placed in comprehensive planning for contingencies. 4adavcplaN96tally2.app FY96 ESG PROGRAM FY96 ESO Continuing Resolution Allocation (29%) FY96 ESO Allocation XB3%j S 58,000 2125,667 PROJECT/AGENCY >. 29% Funding Level 1 Corpus Christi Metro Ministries 58,000 63% Funding Level 75,1 2 Dos Mundoe Day 0 16,6 3 Gulf Coast of La Raza 0 35,0 4 Passage HN/ATOS Housing Center 6 Salvation Anny 6 Women's Shelter 7 Program Administration (5%) 0 Total FY96 HOME Continuing Resolution Allocation FY96 HOME Allocation FY96 HOME PROGRAM (M%) 58.000 6666,000 125,66 ..car 0 ACTIVITY 44% Raiding Level 31,505,633 84.8% Funding Levet CCCIC 1 HOMEBUYER ASSISTANCE FROORAM A deferred forgivable loan not to exceed 33,000 for down payment and closing cope expanse. 21,250 393,812 2 ADMINISTRATION TECHNICAL ASSISTANCE Planning, oversight, monitoring, evaluation, contracting, TA el. 69,500 150,786 COMMUNITY DEVELOPMENT CORP. (CDC) 3 New Construction Construction of new single family housing units. 600,000 500.000 COMMUNITY HOUSING DEVELOPMENT ORO (.CHDO) 4 NEW CONSTRUCTION 104,250 228,185 Low interest loans/gryBsto CHDO's for the purpose of constructing new rental housing units, and/or ACQUISITION AND REHABILRATION Financing to acquire and rehabilitate existing rental. 6 TENANT BASF ASSISTANCE Renal assistance fort amporary payment of mm 235.030 TOTAL 6The 1,606,.7 City of Corpus Christi will set aside at a minbnum the 16% us. by th00e .. required by 'ambitions /car by fb CNM Th. nN....r n...�.._ rum....... __. ng as necessary. yad/h/c /96tally.app