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HomeMy WebLinkAboutMinutes City Council - 05/11/1999I 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 May 11, 1999, which were approved by the City Council on May 18, 1999. WITNESSETH MY HAND AND SEAL, this 18th day of May, 1999. rmando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 11, 1999 2:06 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Javier D. Colmenero Melody Cooper Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia City Secretary Armando Chapa Assistant City Secretary Mary Juarez Assistant City Attorney Alison Gallaway Assistant City Attorney Lisa Aguilar Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. John Roberts, St. John's United Methodist Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of April 27, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 3 on the day's agenda, a resolution honoring Eugene Urban Sr. Mr. Angel Escobar, Acting Director of Engineering Services, noted that Gene Urban and his brother, Larry, co-founded Urban Engineering in 1965. Mr. Escobar said Mr. Gene Urban was instrumental in engineering numerous infrastructure projects and subdivision projects. He said Mr. Urban had a very progressive outlook toward development in the city and he worked closely with city staff to solve problems. Mr. Escobar also listed several of Mr. Urban's accomplishments, including his in-depth involvement in the city's wastewater and water systems. Mr. Michael Gunning, Acting Director of Planning and Development, referred to a map which illustrates the 94 residential and commercial subdivisions in the city which Urban Engineering has planned and constructed. He said Mr. Urban was also involved in many civic activities. Minutes Regular Council Meeting May 11, 1999 Page 2 Mayor Neal read the resolution honoring Mr. Urban, who died on April 11, 1999, at the age of 68. Council Member Gonzales made a motion to approve the resolution, seconded by Council Member Scott, and passed unanimously. Mr. Chuck Urban said their family is honored and appreciative of the staff's outpouring of respect for the work that their father enjoyed doing so much. 3. RESOLUTION NO. 023628 Resolution honoring the life and community service of Eugene C. Urban Sr. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Cable Communications Commission Hector T. Morales Coastal Bend Health Facilities Development Corporation Erika Escobedo Clarence Hinnant C.C. Downtown Management District Bert Quintanilla Diane DeCou Ethics Commission Garry Bradford (Reappointed) David Longoria (Reappointed) Greater Corpus Christi Business Alliance Steve Woemer Human Relations Commission Oscar Hinojosa Sr. Sandra Terrell -Davis Water Conservation Advisory Cline. James Naismith (Reappointed) Jim Parker (Reappointed) Ford Patton (Reappointed) Mickey Garza (Reappointed) Gene Dressen (Reappointed) Don King (Reappointed) Mark Smith (Reappointed) Pedro Anaya Fred Homan Leo Trevino Michael Womack Mike Bertuzzi Allen Shifley Dr. David McNichols* Council Member Javier Colmenero* (*Ex -Officio) Transportation Advisory Committee Stewart Sher (Reappointed) Harold Palmer (Reappointed) Michael McCain (Reappointed) (More appointments on the next page) Minutes Regular Council Meeting May 11, 1999 Page 3 Senior Community Services Ester Oliver (Reappointed) Edna Cox (Reappointed) Gloria Farias (Reappointed) Helene Fennessy (Reappointed) Gay Nell Harper (Reappointed) Advisory Committee Roberto Gonzales (Reappointed) William Kirshner Ophilia Gamez Clarence Hinnant * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Mike Baker, 4641 Gayle Circle, said he has received information that the Park and Recreation Department is still planning to convert the second floor of the Sidbury House at Heritage Park into offices. He said this transaction is to take place quietly this summer because the city did not purchase the RTA building. Mr. Baker said such an action would degrade that tourist attraction. He added that the Grande -Grossman House's lease is up shortly and he questioned why that house cannot be considered for office space. In response to Council Member Scott, City Manager Garcia said there are no plans and there have not been any plans to use the second floor of the Sidbury House for office space. Mrs. Pat Suter, 1002 Chamberlain, commended the Park and Recreation Department staff for their efforts in cleaning up Hans Suter Park. She also thanked Pharaoh Valley, the Bays Foundation, the Audubon Outdoor Club, and the Bird Club, as well as the Police Department for sending patrols to the park to monitor illegal activity. Mr. Phil Rosenstein informed the Council that the Senior Citizens Coed Softball Team will again be participating in a game at the Astrodome in Houston. He invited the Council members and public to the team's last few practice sessions. Mr. Rosenstein also announced that the Senior Orchestra planned at the Capitol Rotunda in Austin, and Sen. Carlos Truan proclaimed the group Goodwill Ambassadors of Texas. Mr. George Balli, founder of the Tejano Academy of Fine Arts, briefly described the organization, which is an outreach program that utilizes the arts to divert young people's time to positive endeavors. He referred to a building on the comer of Brewster and Mesquite Streets, which has been used by the Bilingual Theater Company since 1989. He said the building was supposed to be used by that group on a temporary, non-exclusive basis; however, he said the children in the Tejano Academy of Fine Arts have been denied use of the building by the occupants. Council Member Betty Jean Longoria requested a report from staff on the concerns raised by Mr. Balli. Mr. Cecil Henry, 5118 Cavendish, said he was very angry about a column he read in the May 9, 1999 issue of the Corpus Christi Caller -Times regarding a discussion held at the Council's retreat last week about the public comment portion of the Council meetings. Mr. Henry commended Minutes Regular Council Meeting May 11, 1999 Page 4 Council Member Cooper for questioning why the public comment portion of the meeting is shown in a wide-angle shot from the rear of the Chambers. He questioned why the rest of the Council did not support Ms. Cooper in her stand to speak out for the public in Corpus Christi, adding that the Council was elected to take care of the public's interests. Mr. Edward May, 8214 Argonne, said he is a member of the Tejano Academy of Fine Arts. He also referred to the building on Mesquite which is being used by the Bilingual Theater Company, reiterating that the Tejano Academy has not been able to use the facility. He said more needs to be done to help the children in the community. Council Member John Longoria said two issues need to be addressed by staff in their report on this issue: the ongoing conflict between the two theater groups, and the actual condition of the building. Mr. J.E. O'Brien, 4130 Pompano, said the remarks attributed to the City Manager in the May 9th newspaper column about public comments cannot go unchallenged. He said the actions of the Mayor and Council in not considering a reprimand or outright firing of the City Manager indicate concurrence with his statements. He said the Council has indicated their support of the upcoming Nueces County bond proposals, even though many of their constituents are opposed. Mr. O'Brien also said that during a recent meeting of the Water/Shore Advisory Committee, the staff liaison refused to respond to committee members' questions regarding the bait stand on the L -Head. Mr. O'Brien said the voters' actions on the bond election should send a message to City Manager Garcia. Mr. Scott St. Onge, 6073 Rio Vista, questioned whether children can be restricted from the areas in local video stores which display "cable -ready" adult videos. Mayor Neal asked what the city's ordinance states about that issue. City Manager Garcia replied that he does not believe it is addressed but staff will research it. Mr. St. Onge also referred to an incident in which a person was playing his car stereo very loudly. The City Manager said the city has a noise ordinance, and Council Member Gonzales agreed that it is often violated. Mr. R.F. Hasker, 1813 Wallace, said he assumed the comment made in the newspaper column about public comments at Council meetings was made by an overzealous reporter rather than the City Manager Mr. Hasker went on to object to the statements made in the column, asking whether the members of the public who address the Council are any less citizens than others who appear during the Council meetings. He also commended Ms. Cooper for raising the issue. Ms. Cruz Colomo, 6138 Camwood, also said that Ms. Cooper stood up for citizens during the discussion about public comments. She said the public officials have a duty to listen to the citizens, who have a right to say what they please. Mr. Jose Marroquin, 2433 Allencrest, said he was dissatisfied with a comment that was attributed to the City Manager about citizens who address the Council. He said it is no wonder that the City Council did not conduct a rate hearing on Central Power and Light when he requested it last year. He said only one Council member spoke for citizens, who have a right to address the Council. Minutes Regular Council Meeting May 11, 1999 Page 5 ************* Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 4-8. Council members requested that Item 7.c. be withheld for discussion. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes and the following were passed: 4. M99-125 Motion authorizing the City Manager or his designee to execute a twelve month maintenance agreement with Hewlett Packard Company in the amount of $29,544.32 for hardware and operating system maintenance based on sole source. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M99-126 Motion authorizing the City Manager or his designee to execute a construction contract with J.M. Davidson Inc. of Corpus Christi, Texas in the amount of $18,550 for the O.N. Stevens Water Treatment Plant clearwell nos. 1 & 2 hatch repairs/replacement - 1999. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M99-127 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $28,325 for the Cayo del Oso Bridge guardrail repair. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.a. M99-128 Motion authorizing the City Manager or his designee to execute a shared cost agreement with the Halaj Properties which will provide $25,246.50 to the City for the reconstruction of curb and gutter for the 44th Street curb and gutter replacement project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting May 11, 1999 Page 6 7.b. ORDINANCE NO. 023629 Ordinance appropriating $25,247 from Halaj Properties shared cost agreement in the No. 3480 Stormwater Capital Improvement Project Fund for the 44th Street curb and gutter replacement project; amending Ordinance No. 023474, which adopted the FY98-99 capital budget, to add $25,247 to the stormwater program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. ORDINANCE NO. 023630 Ordinance appropriating $722,296 in passenger facility charges in the No. 4621 Passenger Facility Charges Fund to reimburse the City for approved passenger facility charges funded projects, previously paid from airport capital reserves, bonds, interest, and operating funds; amending the FY 98-99 capital budget, adopted by Ordinance 023474, by adding $722,296 to the airport program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7.c., 44th Street curb and gutter replacement. Responding to Council Member Scott, Mr. Escobar said this project consists of 690 linear feet, which equals $51.02 per linear foot for the improvements (curb and gutter, driveways, pavement repair, and other subsidiary items). Assistant City Secretary Juarez polled the Council for their votes as follows: 7.c. M99-129 Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction and Paving, Inc., in the amount of $35,202.50 for the 44th Street curb and gutter replacement project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting May 11, 1999 Page 7 Mayor Neal opened discussion on Item 9, bond sale. He noted that the Council had received a proposal from Mr. Bill Kopecky about funding options for the repair of Wesley Seale Dam in lieu of selling the bonds. Mr. Jorge Garza, Assistant City Manager for Administrative Services, said staff has analyzed Mr. Kopecky's proposal, which he said would require that the Council amend the payment arrangement that was established about 10 years ago for Choke Canyon. He said currently there is approximately $28.3 million in the Choke Canyon Fund, and about $3.2 million is transferred into it each year from the Water Fund. Mr. Garza went on to say that if Mr. Kopecky's proposal was adopted, it would affect the amount of interest earned on the Choke Canyon Fund. In addition, it would require that the monies in the Choke Canyon Fund be replaced when the payments to the Bureau of Reclamation are resumed. Another issue is that the rating agencies may not look favorably on the city using the Choke Canyon Fund because they know it was set aside for the city's large debt. He added that this proposed bond sale involves an interest rate of 4.9% while the Choke Canyon Fund earns 6% to 6.3%. City Manager Garcia said staff's life cycle analysis of Mr. Kopecky's proposal amounted to $151 million, while the city's proposal totals to $113 million. Mr. Bill Kopecky, 3609 Topeka, said the interest earnings will have to be discounted because, as of July 31, 1998, the city has built up a $800,000 obligation to the Internal Revenue Service for arbitrage payments. He added that while under his proposal the city would lose interest income, it will gain interest payments on the Wesley Seale Dam. He said in an amended proposal he made dated May 10, 1999, he addressed the issue of present value, which he explained. He added that he did not perform a full economic analysis because it would require him to analyze the cost benefits, and he has not seen a calculation of benefits for the repairs on the Wesley Seale Dam. City Manager Garcia replied that even if the present value alternatives are calculated, Mr. Kopecky's proposal has a $3 million present value cost since it is substantially back loaded. Mr. Kopecky said he has not seen the city's figures, therefore he cannot address that issue. Mr. Kopecky also stated that when the Choke Canyon Fund was initiated in 1987, it was anticipated that the Choke Canyon Dam would provide raw water for the foreseeable future. However, the goal of keeping level payments has been removed with the addition of the debt for the Mary Rhodes Pipeline, LNRA annual payments, and the LNRA pumping stations. In addition, he said the utility fund has $125 million invested. Mr. Jeff Leuschel, McCall, Parkhurst, & Horton, bond counsel to the city, clarified that the Choke Canyon Escrow Fund is not subject to the rebate provisions of the Internal Revenue Code—those payments are not derived from a tax-exempt bond issue. With respect to the capital reserve, the rating agencies require coverage in excess of a one-to-one payment, and reductions of the city's capital reserve could cause the rating to be reviewed and perhaps lowered. He said there is a combination of market influences and legal covenants that the city has made that requires it to have the additional coverage. Minutes Regular Council Meeting May 11, 1999 Page 8 Mr. J.E. O'Brien said he thinks Mr. Kopecky's reasoning and presentation on this issue deserves consideration by city staff, especially on future issues. He said the city's current debt is overwhelming and continues to increase, although revenue bonds are not classified as debt. However, he added, over the coming years the citizens in this community will have to pay $1 billion. Mr. O'Brien also questioned whether this item should be passed on an emergency basis, and he referred to a portion of the Preliminary Official Statement with regard to the water rates. Mayor Neal pointed out that the raw water cost is the same for all customers. Council Member Garrett asked Mr. Garza if he is convinced that staffs proposal is in the best interest of the city, and Mr. Garza replied affirmatively. He added that every time the city has a need for a large amount of funds, staff analyzes whether or not the Choke Canyon reserve can be used. For example, staff recommended that the reserve be used to pay for the Garwood water rights, but the City Council did not choose that option. City Manager Garcia added that part of the reason the city retains financial advisors, bond counsel, and underwriters is to ensure that they explore every possible financing option. Mr. Kopecky reiterated that he has not seen the figures referred to by staff, and he said he does not believe that his proposal would affect the city's bond rating at all. He said if a person whose primary interest is selling bonds, they will not look favorably on a "pay-as-you-go" program for any capital improvements. Council Member Scott asked why this item is being considered as an emergency item. Mr. Garza replied that this is a negotiated bond sale and the bonds were priced on May 6th and they have to be closed on May 11th; otherwise, the underwriters will have a major concern about selling the bonds and in future sales the city may have a problem obtaining underwriters. Council Member Gonzales said he wanted to be able to compare the city's figures with Mr. Kopecky's proposal, and he expressed concern about the emergency approval of this item. The City Manager explained again the way the bond market works with regard to bond sales, which he said will always be emergency items. Mr. Garcia pointed out that this issue first came to the Council on January 26, 1999, and staff again reviewed it with the Council on March 91h and April 13th; this is the final step in the whole process. Mr. Michael Harty, Acting Director of Finance, distributed copies of the Preliminary Official Statement to the Council. Mayor Neal said there is a philosophical difference in approaching debt. Mr. Kopecky said this bond sale also includes a refinancing of the city's commercial paper program. Dr. Gonzales reemphasized his desire to compare the figures being discussed. In response to Council Member Colmenero, Mr. Garcia briefly described the issuance costs. The Mayor suggested that this item be deferred until later in the Council meeting so that staff would have the opportunity to discuss it with Mr. Kopecky. (See pages 13 & 14 of the minutes.) Minutes Regular Council Meeting May 11, 1999 Page 9 Mayor Neal opened discussion on Item 10, several Weed and Seed grants. He called for comments from the audience and there none. Responding to Council Member John Longoria, Mr. Tony Cisneros, Director of Park and Recreation, said this item involves the monies that were allocated in January 1999, which is actually the FY 98 monies. He said staff is working with the Department of Justice to reallocate unspent monies from prior year funding in the program. Mr. Longoria suggested that the Weed and Seed Committee and the 78415 Committee be combined so that it can be more community-based. He also suggested that staff consider placing caps on the amount of money that is allocated and reviewing the timing of the allocations; Mr. Cisneros said they will consider those ideas. Council Member Betty Jean Longoria asked if the H -E -B Tennis Center would qualify for any of these grants. Mr. Cisneros replied that these grants are intended for programs and not for improvements to facilities. He said staff would have to review how the tennis center's demographics fit into the Weed and Seed requirements. Assistant City Secretary Juarez polled the Council for their votes as follows: 10.a. M99-130 Motion authorizing the City Manager or his designee to execute an agreement with the Boys and Girls Club of Corpus Christi to provide $48,420 from the FY98 Weed and Seed Program to implement a Teen Program with a special emphasis on gang prevention. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.b. M99-131 Motion authorizing the City Manager or his designee to execute an agreement with South Texas Institute for the Arts to provide $20,000 from the FY98 Weed and Seed Program to implement a Prevention through the Arts program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.c. M99-132 Motion authorizing the City Manager or his designee to execute an agreement with Avance to provide $30,420 from the FY98 Weed and Seed Program to implement a Fatherhood Program, Literacy Program, and Early Childhood Development Program. Minutes Regular Council Meeting May 11, 1999 Page 10 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.d. M99-133 Motion authorizing the City Manager or his designee to execute an agreement with The National Conference for Community and Justice to provide $2,423 from the FY98 Weed and Seed Program to implement an Anytown Leadership Camp. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.e. M99-134 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $14,470 from the FY98 Weed and Seed Program to implement a Northside Basketball program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.f. M99-135 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $18,100 from the FY98 Weed and Seed Program to implement a Youth Recreation Transportation program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.g. M99-136 Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $15,760 from the FY98 Weed and Seed program to implement a Fit for Life program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10.h. M99-137 Motion authorizing the City Manager or his designee to execute an agreement with the Park Minutes Regular Council Meeting May 11, 1999 Page 11 and Recreation Department to provide $15,725 from the FY98 Weed and Seed Program to implement a Summer Swim program at Joe Garza Pool. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." *********** Mayor Neal opened discussion on Item 11, air quality research projects. He called for comments from the audience and there were none. Assistant City Secretary Juarez polled the Council for their votes as follows: 11.a. M99-138 Motion authorizing the City Manager or his designee to execute a contract amendment with Texas Natural Resource Conservation Commission increasing the grant for air quality planning and research from $283,750 to $450,750. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11.b. ORDINANCE NO. 023634 Ordinance appropriating the additional $167,000 from the Texas Natural Resource Conservation Commission Rider 17 Funding in the No. 1050 Federal/State Grants Fund for air quality research and planning. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11.c. M99-139 Motion authorizing the City Manager or his designee to execute a contract with the Texas Experimental Engineering Station for Texas A&M University -Kingsville in the amount of $283,250 for air quality monitoring and modeling projects and development of an emissions inventory for the Nueces County and San Patricio County areas. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting May 11, 1999 Page 12 11.d. M99-140 Motion authorizing the City Manager or his designee to execute a contract amendment with Texas A&M University -Corpus Christi in the amount of $47,000 for small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, proposed resale of foreclosed properties. He called for comments from the audience and there were none. Assistant City Secretary Juarez polled the Council for their votes as follows: 12. RESOLUTION NO. 023635 Resolution authorizing resale of ninety-seven properties shown on the attached and incorporated Exhibit A which were foreclosed upon for failure to pay taxes, for a minimum opening bid amount equal to 25% of the most recent appraised value for properties valued under $10,000 and 30% of the most recent appraised value for properties valued at $10,000 or higher. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, speed limit revisions on Holly Road and Cimmaron Boulevard. Assistant City Secretary Juarez said there was a mistake on the agenda for Item 13.c. She said the correct sentence should read "Cimmaron Boulevard from 30 mph to 40 mph between Yorktown Boulevard to the south end of Cimmaron Boulevard." She said the ordinance itself is correct. The Mayor called for comments from the audience, and there were none. Ms. Juarez polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 53, Section 53-254, Schedule V --Increase of State Speed Limit in Certain Zones by increasing speed limits on sections of Holly Road and Cimmaron Boulevard as follows: Holly Road from 35 mph to 40 mph, between Everhart Road and Staples Street; Holly Road from 35 mph to 45 mph, between Staples Street and Minutes Regular Council Meeting May 11, 1999 Page 13 Rodd Field Road; and Cimmaron Boulevard from 30 mph to 40 mph between Yorktown Boulevard to the south end of Cimmaron Boulevard. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal returned to the discussion regarding the bond sale. A representative of the underwriters said they could wait a few more hours but the issue would need to be decided that day. Mr. Kopecky said that early on city staff should have discussed with the Council whether it was at all feasible to pay cash for the Wesley Seale Dam repairs. Mayor Neal said he did not mind deferring this issue for a brief time during the meeting, but if it will not change the proposal he said he was prepared to call for the vote and continue the philosophical discussion in the future. Dr. Gonzales said it was not a matter of philosophy but of getting the information before the Council. Assistant City Secretary Juarez polled the Council for their votes as follows: 9.a. ORDINANCE NO. 023631 Ordinance authorizing the issuance and sale of $47,740,000 City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 1999; ordering other matters relating to the subject. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9.b. ORDINANCE NO. 023632 Ordinance appropriating $26,235,000 in Utility System Revenue Refunding and Improvement Bonds, Series 1999 bond proceeds, in the No. 4083 Utility System 1999 Capital Improvement Project Fund to pay for repairs to Wesley Seale Dam. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting May 11, 1999 Page 14 9.c. ORDINANCE NO. 023633 Ordinance authorizing issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Council Member Kinnison said he understands the nature of the bond sale process and the need for emergency items; however, he said he is concerned when a proposal from someone making an honest effort is not evaluated properly. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said that during the Council retreat the members made several suggestions for changes in the structure of the meetings; specifically in having one meeting per month dedicated to presentations. However, that process will not begin until June since notices for public hearings have already been sent out for the May meetings. Mr. Garcia also said the May 1 8th meeting will begin with a workshop session at noon to discuss several major items, including status reports of the Council priorities; a general overview of the budget process; and a report by the Greater Corpus Christi Business Alliance on the results of their retreat. Mr. Garcia also noted that the Administrative Analysis Committee needs two more Council members. Mayor Neal said he wished to appoint Council Members Kinnison and Scott to that committee. Mr. Garcia said the committee will be meeting May 12th at noon. The City Manager also announced a planning and zoning seminar that will be held on May 28`h in Richardson, Texas. The City Manager said that out of the Council retreat came several suggestions that the Ethics Commission take action in two specific areas: an amendment to the Ethics Ordinance that deals with the appointment to independent agencies; and a lobbyist registration provision. He noted that the Council would have to approve both recommendations. Mayor Neal called for Council concerns and reports. Council Member John Longoria referred to a memo from the City Manager regarding increasing the fee on parking tickets. Mr. Garcia said it dealt with a state law allowing municipal courts to charge a $3 administrative overhead fee on top of existing fines to deal with the Minutes Regular Council Meeting May 11, 1999 Page 15 administrative cost of processing traffic tickets. He said several Council members expressed concern about that issue so he instructed the Director of Municipal Court to bring that item to the Council for their consideration. Mr. Longoria suggested that staff first bring it to the Council's Municipal Court Committee or the Administrative Analysis Committee. Mr. Longoria said he also thought another member was needed on the Municipal Court Committee, and he said there is brush around Yeager Elementary that still has not been picked up. Mr. Garcia said he will check on the status of the brush collection in that area. Council Member Garrett referred to a letter about a young girl who was injured, which he forwarded to the City Manager. Council Member Scott distributed information from the City of Lubbock about an alternative they have implemented for their large debris collection. Mr. Scott also asked for an update on the litigation involving the construction of City Hall. Mr. Garcia said a closed session discussion item is scheduled for May 18'. Mayor Neal recessed the regular Council meeting until 6 p.m. * * * * * * * * * * * * * Mayor Neal reconvened the Council meeting for the public hearing on the Community Development Consolidated Annual Action Plan. Mr. Tom Utter, Assistant City Manager for Development Services, said the Consolidated Annual Action Plan consists of the Community Development Block Grant (CDBG) program, the HOME program, and the Emergency Shelter Grant (ESG) program. He noted that the total funds available for the FY99 CDBG program is $5,752,078, which consists of the following: FY99 CDBG allocation -$4,929,000; reprogrammed funds -$73,078; and program income from the Rehabilitation Program -$750,000. In addition, the FY99 ESG allocation is $175,000; and the FY99 HOME allocation is $1,789,000. Mr. Utter noted that the Planning Commission held their public hearing on the Consolidated Annual Action Plan on March 10, 1999 and they made their recommendations on March 17, 1999. He said every application for funding received by the city is included in a large binder which was forwarded to the City Council. Mr. Utter added that a summary listing of the funding requests (included after these minutes) gives a brief description of each project and the amounts (if any) recommended by both the staff and the Planning Commission, with a separate column for the Council's recommendations. Mr. Utter then introduced Mr. Norbert Hart, Director of Housing and Community Development, and members of his staff who were present at the Council's public hearing. Minutes Regular Council Meeting May 11, 1999 Page 16 Referring to the summary of projects, Mayor Neal then called for public comment from those opposed to the Planning Commission's and staff's recommendations for funding. Mr. Abel Alonzo, 1701 Thames, said he believes that funding for ADA compliance should come from the General Fund rather than the CDBG program, which should be used to fund non- profit organizations. Council Member John Longoria spoke favorably about Item 8-CDBG Summer Clean -Up Program. Mr. Utter noted that Item 14 -Emergency Home Repair program is one of the most utilized programs. Ms. Elsa Ciminelli, a senior citizen advocate, referred to Item 25 -New Southside Area Senior Center. She said that while she would like to see more senior centers opened, their immediate need is for a new central kitchen to accommodate the more than 1,000 meals a day that are prepared. She described the inadequate facilities of the existing kitchen. Responding to Mayor Neal, Mr. Utter briefly described Item 28 -Rehabilitation Loan Servicing and Delinquent Payment Collection, and Item 31 -Single Family/Commercial Rehabilitation Loan Program. Mr. Vic Menard, Chairman of the Park and Recreation Advisory Committee, referred to Item 35 -Youth Sports Complex on State School Property. He said that while this project is a wonderful concept which he would support in the future, the advisory committee recommended Item 7 -Area Neighborhood Parks Improvements as their first priority. He said the parks included in this item are all in CDBG-eligible areas and have many needs. Mr. Longoria suggested that the Council work off of the "Staff Recommendation" column when considering funding amounts. There was consensus of the Council to do so. There were no public comments in opposition to the ESG and HOME funding recommendations. Mayor Neal then returned to the summary list of CDBG projects and called for public comment on the items which did not have a recommendation for funding. Mr. Phil Rosenstein and Mr. Vic Menard referred to Item 24 -New Senior's Central Kitchen Development, which they said is greatly needed. Mr. Errol Summerlin, Executive Director of Coastal Bend Legal Services, discussed Item 38, which is that organization's request for funding to rehabilitate their deteriorating main office. He said they have verification that 100% of their client community is income eligible; they also serve elderly persons. Mr. Utter said the issue has been whether the organization serves 51% low income clients from the City of Corpus Christi. He said Mr. Summerlin assured staff that he has the figures Minutes Regular Council Meeting May 11, 1999 Page 17 to verify that they meet that requirement. Ms. Veronica Trevino, Executive Director for Communities in Schools, explained why the organization requested CDBG funding (Item 39). She said they are proposing a collaborative effort among Communities in Schools, CCISD, and the Volunteer Center to rehabilitate the Republic Building located at 3105 Leopard Street in Census Tract 6. Mr. O.K. Smith, a member of the Board of Directors of the Volunteer Center, said their clients are largely indigent, including adults and youth. He described how their organization qualifies for CDBG funds. Ms. Robin West also addressed Item 39. She said several studies have indicated that there is a need for collaborative efforts to assist children and families, which this proposal would provide. Mr. Jack Stine, Executive Director of Corpus Christi Hope House, said that since 1986 Hope House has provided long-term and short-term shelter for pregnant women with children who are homeless. He said they are also a 24-hour emergency shelter with a pantry. He said Item 41 consists of a request to replace leaky roofs and deteriorated windows. Ms. Anne Dunn, Director of the Council on Alcohol and Drug Abuse -Coastal Bend, addressed Item 44, their request to purchase a vacant lot adjacent to the main office to establish a youth activities and learning center. She said they have 22 different programs and they have the only adolescent outpatient licensed treatment program for indigent children in Corpus Christi. Ms. Ann Wardle, Executive Director of HIV/AIDS Housing Center (The Passage), discussed Item 47, their request for funds for phase one of their renovation and expansion project. She said they provide 24-hour nursing care seven days a week for people who would otherwise not have a place to go or be cared for. Mr. Victor De La Cruz, Executive Director of the Housing Authority of Corpus Christi, referred to Items 48-55. Despite renovations that have been made in the Housing Authority's units, a year ago a consultant determined that it would cost $80 million to bring the apartments up to standard. He said this proposal includes curb cuts, renovating elevators, and security fencing. Responding to Mr. Longoria, Mr. Utter said that Housing Authorities are created by cities and it is each city's responsibility to appoint the board, which operates the Authority as somewhat of an autonomous agency. He said there are efforts in Washington, D.C., now to place the Housing Authority more directly under the city. He added that there is no financial liability other than if the Housing Authority's actions caused H.U.D. to sanction the city's CDBG funds. Ms. Lena Coleman, Executive Director of the RC Foundation Inc., said Item 60 is their request for funding to renovate the old Harlem Theater as a youth learning center; targeted Minutes Regular Council Meeting May 11, 1999 Page 18 participants include Boys and Girls Scouts and NAACP youth. Ms. Coleman emphasized the need for such a center in the middle of the northside, which she said will bring families together and help youth develop skills for the future. She said she was bewildered that neither staff nor the Planning Commission recommended funding for the foundation's proposal, and she asked the Council to consider it. Mr. Marlon Griffin also addressed Item 60, saying there are many people in the northside community who are at risk. He said the proposed learning center will assist them. Rev. William Pullam, Pastor of St. John First Baptist Church, said he supports the RC Foundation's plans to renovate the old theater. Mr. Benjamin Mostafa said he is the former owner of the old Harlem Theater. He said he had several offers from people to purchase the building for use as a bar or nightclub, but instead he donated it to the RC Foundation for use as a learning center. He said the center will help reduce the crime rate in that area. Mr. Bob Allen described how as a younger person he was given an opportunity to straighten out his life. He said the proposed learning center under Item 60 can help other people as well. Mr. Al Hoelscher, owner of H&H Construction in Sinton, said he became involved with the RC Foundation after reading about Mr. Terry Mills' efforts to build the center. He said it is easy to forget the existence of the northside and the members of that community need a place to congregate and learn. He said many people are willing to donate their time and money to the project. Mr. Terry Mills referred to blueprints of the proposed center, which he said can help address the problems of youth crime, teenage pregnancy and other problems. He said the center will include a library, computer lab, certified GED instructors, and minor medical services. Mr. Errol Summerlin encouraged the Council to fund the RC Foundation's proposal, saying that some street projects can be delayed to do so. Mr. Homero Villarreal, a newspaper editor, said his newspaper has been studying the development of the RC Foundation and their project. He said it would provide many services for the multi-ethnic community there. Ms. Lily White discussed Item 61 -Tract 16 Neighborhood Council, which is a request for new construction and renovations to their present facility. She said they serve low-income citizens, including youth and senior citizens. Responding to Council Member Betty Jean Longoria, Mr. Utter reviewed the CDBG projects that have been funded on the northside (census tracts 4 and 5) since 1990, including T.C. Ayers Minutes Regular Council Meeting May 11, 1999 Page 19 Recreation Center, Oveal Williams Senior Center, and the Brooks Chapel Early Childhood Development Center. Ms. Coleman expressed concern about why the projects on the northside were highlighted and not the projects in the other areas of the city. Mrs. Longoria said that a comprehensive plan for the northside is being developed and that concerns have been raised about the condition of the old Harlem Theater, specifically a petition that has been submitted by residents who do not want it renovated. Sister Patrick Bruen, Director of Catholic Social Services, addressed Item 1 of the ESG program. She said she was disappointed that they were not recommended for funding of their homeless prevention project, which provides to citizens their first month's rent, security deposits, and payments to prevent foreclosures. Mr. Errol Summerlin of Coastal Bend Legal Services said Item 2 of ESG would provide funds for essential services and homeless prevention by emphasizing community legal education. He emphasized that ESG funds can be applied toward homeless prevention. Ms. Ann Wardle, of HIV/AIDS Housing Center, asked the Council to consider their requests for both HOME and ESG funding. She said their ESG request is for renovations to the facility, essential services, homeless prevention, and operation and maintenance. Rev. Ed Seeger, Director of Metro Ministries, noted that the organization was the brainchild of the Mayor and City Council in the early 1980s in order to address the problem of homelessness. He also described the many programs operated by Metro Ministries and how the funds are used. Ms. Shirley Esparza, Residential Coordinator of the Women's Shelter (Item 10 of the ESG Program), said they serve 65 women and children at one time in a safe environment. She said they also provide their clients with resources for self-sufficiency. Mr. Michael Keith, Outreach Advocate Coordinator for the Women's Shelter, said the ESG funds help women get out of abusive situations. Referring to the RC Foundation's project, Mr. Al Hoelscher said H&H Construction has engineers on staff who have donated their time to see that the reconditioning of the building will meet city codes and standards. Responding to Council Member Garrett, Mr. Hoelscher said the building is 12,000 square feet. A woman said the RC Foundation project is worthwhile and will bring people of all ethnic origins together. She said there is a church in Sinton that is waiting to volunteer their time to the project. Mr. Longoria made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mayor Neal then called for Council comments and consideration of funding proposals. Minutes Regular Council Meeting May 11, 1999 Page 20 Regarding Item 62 -West Oso ISD, Mr. Longoria verified with Mr. Utter that $500,000 has been set aside for the permanent construction of a health facility there. He proposed taking the recommended funding for Item 62 in the amount of $143,876 and disbursing it as follows: $30,000 to Item 36 -Zavala Senior Center/Joe Garza Site Beautification; $40,000 to Item 44 -Council on Alcohol and Drug Abuse; and $73,876 to Item 56 -International Westside Pony League. He said he would like the Park and Recreation Director to oversee the allocation of the funds for Item 56. Mrs. Longoria asked about Item 24 -Senior's Central Kitchen. Mr. Utter said staff supports taking the funding of $78,000 from Item 25 -Southside Area Senior Center and placing it in Item 24 since the senior citizen groups have said the kitchen is their first priority. Mr. Utter said staff requests that some of the funding be used to determine where to locate the new kitchen. Mrs. Longoria also referred to Item 34-T.C. Ayers Multi -Purpose Court and Site Improvements. Mr. Cisneros said that a temporary asphalt overlay will be provided so the facility can be used during the summer and a permanent concrete surfacing is planned for the entire area. Mr. Colmenero asked if there were any other funding sources for ADA compliance. Mr. Utter said the only other source is the General Fund, which means that some other projects would not be able to be funded. He noted that all of the city's new facilities are ADA compliant and these projects involve retrofitting older facilities. Mr. Utter also described the administrative fees associated with the programs. Referring to the ESG Program, Dr. Gonzales proposed taking $5,000 each from Item 5 -Metro Ministries, Item 6 -Dos Mundos Day School, and Item 7 -Gulf Coast Council of La Raza, and adding that $15,000 to Item 10 -Women's Shelter. Mr. Scott suggested that instead of taking the $5,000 from Metro Ministries that it be taken from Item 9 -Salvation Army. He also agreed with Mr. Menard's suggestion about taking the $300,000 for Item 35 -Youth Sports Complex and applying it to Item 7 -Area Neighborhood Parks Improvements. Mr. Utter also discussed conditional elements of the Youth Sports Complex and Item 30 -Sidewalk Improvements. Mr. Kinnison questioned Item 23 -Minority Business Opportunity Committee. Mr. Utter said the Council's CDBG guidelines apply to applicant agencies outside the city; however, MBOC is a city -operated activity. He added that the current MBOC program has been very successful. Mr. Kinnison said he feels it is significant that the federal funding for MBOC has ended, and he feels their application should reflect more results and plans for the coming year. Mr. Garrett referred to Item 37 -Boys & Girls Club, and he asked if the youth athletic areas are currently air conditioned; Mr. Utter said they are not. Mr. Garrett suggested taking $20,000 each from Item 37, Item 40-C.C. Arts Foundation, and Item 45 -Fighting to Rid Gangs in America Foundation and putting it into Item 60 -RC Foundation. Mr. Longoria said there are concerns and Minutes Regular Council Meeting May 11, 1999 Page 21 problems associated with the old Harlem Theater. Mr. Utter said the building was judged by the city's Code Enforcement Department to be substandard and the former owner was notified last year. He said the building was then transferred to the RC Foundation in November, and the case is scheduled to go before the Building Standards Board at the end of May. In addition, the Texas Historical Commission has said the building is potentially eligible for historic designation, which complicates matters in terms of using public funds for demolition. Mr. Garrett said he would withdraw his funding proposal until some questions can be answered about the foundation's building; Ms. Cooper also expressed concern about the condition of that facility. Mr. Garrett said they tried unsuccessfully to accomplish a similar project with the old Tower Theater. Ms. Coleman replied that they have a builder who is committed to ensuring that the building will meet city codes. Mr. Hoelscher added that he believes the facility can be rehabilitated. A brief discussion ensued. Mr. Colmenero proposed the following: taking $22,000 from Item 3 -ADA Compliance and breaking it down to $12,000 for Item 23-MBOC, and $10,000 for Item 36-Zavala/Joe Garza. A brief discussion followed about Item 5 -ADA Upgrade to City Hall Restrooms and Item 3. Mayor Neal said he would like to find some money for Item 60 -RC Foundation. Mr. Longoria pointed out that the City Council's policy states that they would not make any capital grants without sufficient evidence of financial capacity of the agency to operate the program. Dr. Gonzales said it would not be feasible to just "throw" money at that project since it is so large; he said he would rather wait until the comprehensive plan for that area is completed. Mrs. Longoria said she agreed with Dr. Gonzales and she is concerned about the petition that was submitted by the residents about not wanting the building to be renovated. She added that she wanted to continue working with the RC Foundation on this project. Mayor Neal then went through each item for which the Council members had made proposals so they could tentatively adopt them. Mr. Colmenero made a motion, seconded by Mrs. Longoria, to take $22,000 from Item 3 and give $12,000 to Item 23 and $10,000 to Item 36; the motion passed unanimously. Mr. Scott made a motion, seconded by Ms. Cooper, to move the $78,000 from Item 25 to Item 24; the motion passed unanimously. Mr. Longoria made a motion, seconded by Mrs. Longoria, to place the following condition on Item 35: If the city does not receive the award of $500,000 from the Texas Park and Wildlife Department outdoor recreation grant, Items 7 and 30 will be funded equally for $150,000, and that conditional funding for Items 13 and 21 be deleted. The motion passed unanimously. Mr. Longoria also made the following motion, seconded by Mr. Kinnison: taking $143,876 Minutes Regular Council Meeting May 11, 1999 Page 22 from Item 62 and disbursing it as follows: $30,000 to Item 36, $40,000 to Item 44, and $73,876 to Item 56. The motion passed unanimously. Regarding Item 60, Ms. Coleman said she did not want to take funding away from the other organizations and she is committed to working with others to achieve their goal. Mayor Neal then referred to the ESG Program. Mr. Longoria made a motion, seconded by Ms. Cooper, to take $5,000 each from Items 5, 6, and 7, and of that $15,000 to give $5,000 to Item 1 -Catholic Social Services and $10,000 to Item 10 -Women's Shelter. The motion passed unanimously. The Mayor noted that there were no changes to the recommendations for the HOME Program funding. Mr. Longoria then made a motion, seconded by Mr. Scott, to approve the funding recommendations as stated by the Council. The motion passed unanimously. Mr. Longoria also suggested that the Council review their CDBG policy. Mayor Neal said a new five-year plan will need to be adopted. (Formal ratification by the City Council of the FY99 Consolidated Annual Action Plan is scheduled for the May 18, 1999 meeting. The list of projects and approved funding amounts is included as part of these minutes.) * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 8:50 p.m. on May 11, 1999. * * * * * * * * * * * * *