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HomeMy WebLinkAboutMinutes City Council - 03/27/2001I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of March 27, 2001, which were approved by the City Council on April 10, 2001. WITNESSETH MY HAND AND SEAL, this 10th day of April, 2001. Armando Chapa City Secretary SEAL T MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 27, 2001 2:35 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Betty Jean Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison John Longoria Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Attorney Jay Reining Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Ron Boggs, Mt. Olive Lutheran Church-LCMS, following which the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of March 20, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jesse Hix said he has had a problem communicating with members of the Corpus Christi Police Department. Mayor Neal said they will ask Cmdr. Bryan Smith, Coordinator of the Crime Control and Prevention District, to contact Mr. Hix. Mr. Roland Garza, of the Felix Longoria Chapter of the American GI Forum, said that organization will launch a series of campaigns to draw attention to the concerns of city employees, particularly regarding collective bargaining. He said they have sworn affidavits delineating retaliation, sexual harassment and low morale. Mr. Trian Serbu, 14310 Playa del Rey, said the Packery Channel proposal is still the original developer's plan for Lake Padre to provide access from his seagate across the public beach to the Gulf of Mexico. He said this proposal is not a viable boat pass and will not constitute an increase in available jobs. He said there is nothing preventing the developer from proceeding with plans to develop that area without Packery Channel. Council Member Scott said the project the city is supporting includes maintaining the channel to the Intercoastal Waterway and bulkheading the Minutes - Regular Council Meeting March 27, 2001 Page 2 residential property. Mr. Scott said studies have shown that the least expensive way to renourish the beach in front of the seawall is to use the dredge material from Packery Channel. Mr. Buck Sosa said he worked as a Corpus Christi firefighter for 32 years and served as president of the local firefighters association. He said if collective bargaining worked for police and fire employees, it should work for other city employees too. He urged the Council to allow city employees to use "dues checkoffs" so they can have someone represent them. Mr. J.E. O'Brien, 4130 Pompano, said the bond rating agencies have said that the city's growth has averaged 3.8% per year for the last five years, which he says refutes claims that growth in this community has been nonexistent. He said the Combined Utilities Fund last year had over $25 million in net income and if costs are reduced, the Council should consider reducing utility rates or providing rebates to ratepayers. Mayor Neal pointed out that the average growth in the state was 22.8% so Corpus Christi did not experience robust growth. Mr. Scott added that the net taxable assessed values in Corpus Christi went up 1.9% while the Consumer Price Index increased 2.3%. Mr. David Perry, 14126 Cutlass, asked if anything had been done concerning the restrictions upon his commercial property on Palmira Street. Mayor Neal said the issue Mr. Perry is referring to was brought before the Planning Commission, which recommended it to the Council. The Council in turn considered it in a public hearing and subsequently approved it. He said they are well aware of Mr. Perry's concerns. Mr. John Nelson, 7125 Cano Lane, said the Council proposes developing a residential area and calling it economic development. He said Corpus Christi's job market pays very poorly. Mayor Neal said the tax increment financing zone, which is the proposed financing mechanism for the Packery Channel project, does not include residential construction. Mr. Jack Gordy, 310 Norton St., said "Corpus Christi Yes" is illegally placing political signs in the rights-of-way and the Council is allowing it to continue. Mr. Jim Kolter, 13705 Tajamar St., commended the Council for the forward-looking approaches they are using to meet the city's challenges. He asked what the alternative will be if the tax increment financing zone is not approved by the voters, including what the plan will be for the seawall on Padre Island. He said there is a cost if nothing is done. Mr. Abel Alonzo said that contrary to what the opposition says, the Packery Channel issue is about jobs and the people who will be most affected are Hispanic youth. Mr. Mike Zepeda said there are a number of city employees who want the city to allow them to deduct union or association dues from their paychecks. He said he has been promoting this issue for 30 years and he questioned why the employees have not been allowed to take advantage of it. * * * * * * * * * * * * * Minutes - Regular Council Meeting March 27, 2001 Page 3 Mayor Neal deviated from the regular agenda and opened discussion on Item 20, high priority transportation corridors. City Manager Garcia introduced Mr. David Cich, Executive Director of the Economic Development Council for the City of Alice. He referred to a presentation scheduled on March 29th for the Texas Transportation Commission by the Alice and Jim Wells County Transportation Committee and the Robstown Area Development Commission. He said they are proposing a special funding designation to support the development of relief routes along Phase I high-priority corridors of the Texas trunk system for rural communities under 50,000 in population. Mr. Cich explained that the Phase I high-priority corridors provide for a network of four -lane divided highways to connect key points, including Mexican ports of entry, truck routes, deepwater ports, military installations, and tourism and recreation areas. All of those points exist along the Hwy. 44/59 corridor connecting the Port of Laredo to the Port of Corpus Christi. Mr. Cich said plans are underway by the Laredo District Office of the Texas Department of Transportation to expand Hwys. 59 and 44 to a four -lane divided highway from Laredo to San Diego in 10 -mile sections starting in the near future. He said development of relief routes in Alice and Robstown will eliminate critical bottlenecks that currently hinder the free flow of freight traffic from port to port. He then described the congestion that travelers currently experience on Hwy. 44 through Alice and Robstown caused by several traffic lights, excessive traffic, and railroad traffic, which will increase over the years. Mr. Cich said the proposed relief routes will provide an alternative for hazardous cargo, improve safety in the populated areas, and reduce air pollution in Alice and Robstown caused by idling vehicles. The routes will also provide an uninterrupted free flow of traffic from port to port. He also listed the legislators and communities pledging support for this proposal. Council Member Scott thanked Mr. Cich and others for their efforts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. RESOLUTION NO. 024410 Resolution to the Texas Transportation Commission expressing the City of Corpus Christi's strong support for the Commission to designate a special funding category to support the completion of studies and construction of relief routes on the Phase 1 High Priority Corridors of the Texas Trunk System for rural cities less than 50,000 population and to provide immediate priority for funding for development of the Alice and Robstown relief routes along the high-priority corridors, and that funding also be considered for the cities of San Diego and Freer as second priorities. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, a presentation on the status of the convention T Minutes - Regular Council Meeting March 27, 2001 Page 4 center and arena projects. City Manager Garcia explained that a meeting was held last week between the design team and the stakeholders (impacted entities) to review key issues in the development of these two very important projects. Mr. Kevin Stowers, Acting Assistant Director of Engineering Services, introduced Mr. Andrew McLean of Thompson, Ventulett, Stainback & Associates, Mr. Robert Fatovic of Arquitectonica, and Mr. Raymond Gignac of Gignac & Associates. Mr. Gignac said the architectural firms have been charged with programming the facilities and developing a master plan for the area. He said the design issues to be considered include the cost of the facilities, ingress, egress, building location and relationship to the bay. Using a computer presentation, Mr. McLean reviewed three options for the location of the arena in relation to the expanded convention center: Option 1 proposed placing the arena on city - owned property on Brewster Street with the future expansion of the convention center running in a westward direction; Option 2 considered placing the arena on city -owned property with the convention center expanding south onto privately owned property; and Option 3 proposed locating the arena on privately owned property south of the convention center with the center's future expansion to the west on city -owned property. Mr. McLean then discussed in more detail Option 3, which is the option being recommended by the stakeholders group because of its synergism with the convention center, its location right on the bay, and the shared use of the loading docks, which saves money. Mr. Fatovic described design options for the arena itself, which would consist of 8,000 fixed seats and 1,500 to 2,000 moveable seats. Mr. Fatovic, Mr. McLean and Mr. Gignac then responded to Council members' questions. Mr. McLean added that a parking study is currently being conducted and should be completed soon. Deputy City Manager Noe said the next presentation will include more detailed information about the projects' budgets and the possibility of acquiring land to locate the arena on the area bounded by Chaparral, Resaca and Shoreline. He added that SMG, the firm hired by the city to manage the arena, will be actively involved in updating the figures for operating expenses and revenues. Mr. Angel Escobar, Director of Engineering Services, pointed out that the recommended proposal saves the majority of the existing parking in that area. There was consensus of the Council to direct the design teams to continue with plans for Option 3. Mr. Garcia said they would begin negotiations with the landowner regarding that property. * * * * * * * * * * * * * Mayor Neal announced the following executive sessions: Item 30 -pursuant to Texas Government Code Section 551.072 regarding the purchase, exchange, lease, or value of real property in connection with acquisitions necessary for the Rincon Bayou Project; and Item 31 -pursuant to Texas Government Code Section 551.071 regarding the L -Head Baitstand lease, with possible discussion and action related thereto in open session. The Council went into executive session. Minutes - Regular Council Meeting March 27, 2001 Page 5 The Council returned from executive session. There were no comments from the audience on Items 28.a. or 28.b. City Secretary Chapa polled the Council for their votes as follows: 28.a. RESOLUTION NO. 024412 Resolution recognizing public necessity of and authorizing acquiring fee simple title to 67.3 acres of land in connection with the Rincon Bayou water diversion project in San Patricio County, Texas, and acquiring said title by eminent domain or otherwise, said 67.3 acres being out of the Victoriano Juares and Pedro Villareal Grant, A-32, San Patricio County, Texas, and more particularly described in that certain deed dated August 21, 1912, recorded in Volume 43, Page 372 of the Deed Records of San Patricio County, Texas. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 28.b. RESOLUTION NO. 024413 Resolution recognizing public necessity of and authorizing acquiring fee simple title to 11.183 acres of land, more or less, located in San Patricio County in the Victoriano Juares and Pedro Villareal Grant, A-32, in connection with the Rincon Bayou water diversion project in San Patricio County, Texas, and acquiring said title by eminent domain or other- wise, said 11.183 acres being more particularly described in Exhibit "A" attached hereto. The foregoing resolution 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 15, University Beach Park project. Assistant City Manager Tom Utter explained that previously Texas A&M University -Corpus Christi (TAMU-CC) and the Texas General Land Office had entered into a contract for the construction of a beach park in Corpus Christi Bay immediately across Ocean Drive from the university. However, there were legal issues in transferring the use grant of state land to TAMU-CC and timing problems in completing the project before the funding expires in late September. Mr. Utter said the parties met with city officials and the following proposed resolutions were drafted. They would allow the City of Corpus Christi to assume the role of the local government entity to accept the use grant while stipulating that TAMU-CC would continue to be responsible for the operation and maintenance of the beach, which would be open to residents as well. Mayor Neal called for comments from the audience. Mr. Ray Hayes, from TAMU-CC, expressed the university's appreciation to city staff and the Council for allowing this project to continue to the benefit of all involved. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 27, 2001 Page 6 15.a. RESOLUTION NO. 024404 Resolution authorizing the City Manager or his designee to execute on behalf of the City of Corpus Christi an agreement with the Texas General Land Office related to the University Beach Park. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 15.b. RESOLUTION NO. 024405 Resolution authorizing the City Manager or his designee to execute on behalf of the City of Corpus Christi an agreement with Texas A&M University -Corpus Christi related to the University Beach Park. The foregoing resolution 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 19, Rodd Field Public Improvement District. Mr. Utter explained that Rodd Field Village, which was annexed by the city in 1989, was part of the old Rodd Field, a Naval airfield, which had its own sewer and water systems and streets. When the property was sold, almost all the lots were not platted and, as a result, the owners cannot build or expand their businesses. Mr. Utter said staff worked with the property owners to design the public improvement district and to date, owners of 73% of the acreage and 81% of the value of the properties have committed to the project. Mr. Utter said that with one exception, this proposal is exactly the same as what was proposed in the original annexation plan. The exception is that this proposal calls for a minimum pavement width of 24 feet as opposed to the original plan, which had a 30 -foot street width. He said this plan will allow for basic city services to be constructed. Council Member Kinnison referred to a proposed substitute resolution distributed to the Council which states that "the City Manager is directed to rely on the Rodd Field Village annexation service plan and not the current requirements in the city's Platting Ordinance and street and utility construction standards, specifications, and detail sheets." Mr. Kinnison said there are many property owners who plan to continue developing that area and he said it is time to fulfill the promise that was made a long time ago. There were no comments from the audience. Mr. Kinnison made a motion to substitute the resolution to which he referred, seconded by Mr. Longoria. Responding to Dr. Gonzales, Mr. Utter further explained the improvements contained in the annexation plan. He said if those improvements were constructed today from the ground up, staff estimates they would cost about $6.5 million. However, they are proposing following the Minutes - Regular Council Meeting March 27, 2001 Page 7 original annexation service plan at an approximate cost of $700,000. Mr. Utter said if the Council approves this action, it will start the public improvement district process which will have to come back to the Council for the actual assessment followed by construction in about 12 months. The motion to submit the substitute resolution passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 024409 Resolution setting the level of public improvements within the proposed Rodd Field Public Improvement District. The foregoing resolution passed, as substituted, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 10, contract with Terra -Genesis Housing. There were no comments from the audience. Council Member John Longoria introduced Mr. Ron Anderson, Executive Director of Terra -Genesis, which has made many improvements to that housing area. Mr. Anderson said they began improving Lexington Manor Apartments about seven years ago. He noted that Terra -Genesis is the HUD grantee and the Police Department is the sub -grantee. He said the funds will be used for additional policing in the neighborhood, for additional undercover services, and surveillance equipment. Other grant funds will be used by the District Attorney's Office for the prosecution of drug-related crimes which occur in that area. City Secretary Chapa polled the Council for their votes as follows: 10.a. RESOLUTION NO. 024400 Resolution authorizing the City Manager or his designee to execute a contract with Terra - Genesis Housing Inc., a HUD grant recipient, for the Corpus Christi Police Department to provide supplemental police services within the patrol area that surrounds the Lexington Manor Apartments, for a period of 24 months and not to exceed $95,500. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. 10.b. ORDINANCE NO. 024401 Ordinance appropriating $95,500 from Terra -Genesis Housing Inc. for supplemental police patrol within the patrol area that surrounds the Lexington Manor Apartments in the No. 1020 General Fund -Police Department, amending Ordinance No. 024130 which adopted the Minutes - Regular Council Meeting March 27, 2001 Page 8 FY2000-01 Budget by increasing both revenues and appropriations by $95,500 in the No. 1020 Fund. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and Scott voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, a presentation about the Clean Texas program, a voluntary leadership program of the Texas Natural Resource Conservation Commission. Mr. Rob Borowski, Coordinator of Clean Texas, said the program offers benefits and incentives to members who commit to improving the environment and sustaining a quality of life for future generations. He said there are three membership levels of Clean Texas: Leader, Partner and Advocate. Mr. Borowski said that in the Leader level, the following commitments are made: set environmental improvement goals with community support; establish internal and community -wide environmental programs; create a system to ensure compliance and continuous improvement; and provide community communications and sustainability practices. The Partner level, in which the City of Corpus Christi participates, encompasses the first two commitments and the Advocate level involves promoting the Clean Texas program and supporting a community environmental outreach program. Mr. Borowski also responded to Council members' questions. * * * * * * * * * * * * * The third presentation (Item 4) was the quarterly update on the water utility reengineering effort. Using a computer presentation, Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said they have adopted a reengineering theme called "Em which stands for "effectiveness, efficiency, and economy." He said the reengineering effort continues to focus on three areas. employees, costs and rates and a city-wide "springboard." Mr. Massey said that with regard to employees, the city is working to reengineer the utilities within the confines of the current compensation plan through the use of skill -based pay, more formal in-house training, and additional pay to field staff for training. He said keys to long-term improvements include a new compensation/classification plan and shift -differential pay. In the second focus area of costs, Mr. Massey said that departmentally controlled costs are only a portion of the total budget. For example, in the water department, other costs include fees and charges, debt service, and water purchases. He said that if the water or wastewater departments were privatized, only the departmentally controlled costs would be affected as follows: $18.1 million (36%) for the water department and $12.7 million (48%) for the wastewater department. However, with reengineering, the whole department budget is affected. Mr. Massey said that factors impacting operation and maintenance (O&M) costs include changes in demand, new regulatory requirements, and significant changes in input prices (such as Minutes - Regular Council Meeting March 27, 2001 Page 9 electricity). He said in order to effectively reengineer, staff needs to better define "base -line" conditions and to track factors driving O&M costs. Mr. Massey said the most important tool to manage and reduce O&M costs is a computerized maintenance management system (CMMS), which will improve maintenance practices, planning and scheduling of work, performance measurement, and cost tracking. Regarding the third focus area, serving as a springboard, Mr. Massey said the water utility reengineering lessons can be applied to other city departments. He said CMMS is an important tool for the entire city as it will improve work practices and help control costs. Responding to Mayor Neal, Mr. Massey said in order to implement CMMS, staff will need to select a fully integrated software package and reengineer certain work practices. He said staff is determining what the cost for that will be. The Mayor also asked about optimum staffing levels. Mr. Ed Garafia, Water Superintendent, said that of the 195 authorized positions, 135 are currently filled. He said they are staffing the department on base load conditions rather than peak conditions and, when necessary, they will augment staffing levels with temporary employees. Mr. Foster Crowell, Wastewater Superintendent, said the Wastewater Department's current staffing is 153 while they are authorized for 197. He said since there are six treatment plants, they will not be able to lower that number much more until SCADA and instrumentation are installed. He said since the city does not offer competitive salaries, it is difficult to attract certified employees from the private sector. City Manager Garcia said a new compensation and classification system would allow the city to broaden the salary ranges and job classifications; staff plans to make a recommendation on this issue in a few months. Mayor Neal encouraged staff to continue their efforts while keeping in mind previous comments regarding the inability to live on minimum wage. Council Member Garrett requested a comparison of utility costs from two years ago to today, and Mr. Garafia said staff will provide that information. Mr. Garrett also asked if a classification study can be done internally. Mr. Garcia replied that staff had initially considered contracting out that study; however, they are looking at different options and will bring them back in the near future. Council Member Colmenero asked whether CMMS or the compensation study would be pursued first. Mr. Massey replied that they would like to implement both of them in similar time frames. Mr. Garcia added that they are both key budgetary issues. ************* Mayor Neal called for consideration of the consent agenda (Items 5-18). City Secretary Chapa noted that Items 10 and 15 were approved by the Council earlier in the meeting. Council members requested that Item 14 be withheld for discussion. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following were passed: Minutes - Regular Council Meeting March 27, 2001 Page 10 5. M2001-112 Motion approving the purchase of thirty-eight computers, two servers and two projectors from Microtek Sales, Corpus Christi, Texas to be used by the Corpus Christi Public Libraries, in accordance with the State of Texas Cooperative Purchasing Program for a total of $90,072. Funds are available through the Telecommunication Infrastructure Fund (TIF) Grant. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria. J. Longoria, and Scott voting "Aye." 6. M2001-113 Motion approving the purchase of a DTM for AS/400 (document generation tool) from H.T.E., Lake Mary, Florida, based on sole source, to be used by the Utilities Business Office for a total amount of $35,354. Funds are budgeted under the Utilities Business Office operating budget, FY00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.a. M2001-114 Motion authorizing the City Manager or his designee to execute a construction contract in an amount not to exceed $215,525 with A. Ortiz Construction and Paving, Inc. for the Rolled Curb and Gutter Replacement FY2000-01 Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7.b. M2001-115 Motion authorizing the City Manager or his designee to execute an engineering/construction management contract in an amount not to exceed $22,240 with Engineering and Construction Management Services, Inc. for the Rolled Curb and Gutter Replacement FY2000-01 Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. M2001-116 Motion authorizing the City Manager or his designee to execute Change Order Nos. 2 and 3 to increase the escrow amount with the Texas Department of Transportation in the amount of $96,847.09 due to higher bid prices and the relocation of a proposed multiple box culvert T Minutes - Regular Council Meeting March 27, 2001 Page 11 away from a historical landfill area as part of the McArdle Road Improvements, Phase 2 (Weber to Carroll Lane) construction contract in accordance with the Advanced Funding Agreement. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. M2001-117 Motion authorizing the City Manager or his designee to execute Change Order No. 7 with Haas -Anderson Construction Company for a total fee not to exceed $108,800 for a total restated fee not to exceed $4,790,675.09 for waterline rehabilitation. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. ORDINANCE NO. 024402 Ordinance authorizing the City Manager or his designee to consent to the sublease of a certain portion of the premises (currently under lease to Signature Flight Support Corporation) to Ocean Air Center, LLC, subject to the terms of the Master Lease with Signature Flight Support Corporation. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.a. M2001-118 Motion authorizing the City Manager or his designee to accept a grant of $1,000 from the Texas Division of Emergency Management for television public service announcements during the 2001 Hurricane Season. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.b. ORDINANCE NO. 024403 Ordinance appropriating $1,000 from the Texas Division of Emergency Management in the No. 1050 Federal/State Grants Fund for television public service announcements during the 2001 Hurricane Season. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting March 27, 2001 Page 12 13. M2001-119 Motion authorizing the City Manager or his designee to execute a master lease purchase agreement with Banc of America Leasing for a one-year term with a renewal option of one year. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16. ORDINANCE NO. 024406 Ordinance authorizing the City Manager or his designee to execute a five-year concession services with Prince Catering at both the Oso Beach Municipal Golf Course and the Gabe Lozano, Sr. Golf Center in consideration of Prince Catering paying 17% of monthly gross sales or $2,500 per month, whichever is greater, at each facility. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 17. ORDINANCE NO. 024407 Ordinance authorizing the City Manager or his designee to execute a five-year lease agreement with the Gulf Coast Gem and Mineral Society ("Lessee") at the Kiwanis Recreation Center in consideration of lessee providing lapidary classes and workshop programs ("Programs") to the public and payment to the City of 35% of all revenues generated from these programs. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 18. ORDINANCE NO. 024408 Ordinance authorizing the City Manager or his designee to execute a ten-year lease with Oso Pony Baseball League for the use of a portion of South Guth Park in consideration of Oso Pony Baseball League maintaining the premises and improvements and operating a baseball program. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 14, cable franchise renewal. Council Member Kinnison asked City Manager Garcia to ensure that this issue is expeditiously concluded. Minutes - Regular Council Meeting March 27, 2001 Page 13 Responding to the Mayor, Mr. Garcia said that originally the parties initiated the informal process for the cable franchise renewal. However, due to different circumstances, they are now moving into the formal process, which is much more intensive legally. In reply to Council Member Colmenero, Mr. Reining explained that the reference in the agenda item to AT&T Broadband Cable Services is a description of motion M98-404 and not who the current permittee is, which is Time Warner. Mr. Garcia added that Time Warner has a different set of corporate policies and negotiating parameters and they are trying to maintain consistency throughout their system. However, some of those issues were not in the city's agreement and that has caused delays in the franchise renewal process. City Secretary Chapa polled the Council for their votes as follows: 14. M2001-120 Motion amending Motion M98-404, as amended, which authorized a professional services agreement with Adrian Herbst, Bailer Herbst Law Group, P.C., to authorize legal services in connection with the formal process of cable renewal for AT&T Broadband Cable Services, not to exceed $52,800 for legal services in connection with the formal process, excepting only services for matters that could not be anticipated. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, appropriation of the bond proceeds. Deputy City Manager Noe said this is a companion item to last week's action in which the Council authorized the issuance of the bonds. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 024411 Ordinance appropriating $30,800,000 from the proceeds of the sale of the Corpus Christi General Improvement and Refunding Bond, Series 2001 in the following funds and authorizing any rebate and arbitrage that may be accrued during the term of the bond issue: Fund 3358, "Public Health and Safety 2001 CIP Fund," in the amount of $5,330,000 for the purpose of public health and safety improvements including Animal and Vector Control Facility, Fire/Police Training Facility, improvements to the Fire Stations, construction of Mustang Island Fire Substation, and Health Department major roof repairs; Fund 3288, "Park and Recreation 2001 CIP Fund," in the amount of $4,424,000 for the purpose of improvements to Park and Recreation facilities including renovation to four senior and six recreation centers, youth outdoor sports facilities, renovation/development of existing parks, and the H.E.B. Tennis Center Pavilion; Fund 3261, "Museum 2001 CIP Fund," in the amount of $270,000 for the purpose of T Minutes - Regular Council Meeting March 27, 2001 Page 14 improvements to the Corpus Christi Science and History Museum fire suppression and heating air condition systems; and Fund 3540, "Street 2001 CIP Fund," in the amount of $20,776,000 for the purpose of street improvements, street resurfacing and relating improvements for various streets, neighborhood street reconstruction, sidewalk accessibility improvements for the disabled, traffic signal improvements at congested intersections with high accident rates, and the City's share of cost participation in State Highway Department projects. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Items 22-27, Bond 2000 projects. Mr. Escobar referred to a time line to discuss in detail the schedule of the bond projects and he responded to Council members' questions. He pointed out that all the projects include ADA improvements. The Mayor said that about $20 million in construction work is being accomplished with about $11 million in bond monies, which Mr. Noe and Mr. Cruz-Aedo explained. The Mayor added that of the utility projects, about $5 million is for stormwater projects, which is currently supported by the water rates. Mr. Longoria commended staff for acting quickly in initiating these projects. Mrs. Longoria said the public needs to be made more aware of the successful implementation of these projects. She commented favorably on the improvements to Home Road and she asked about the set-aside monies for art in public places. Mr. Tony Cisneros, Director of Park and Recreation, said staff will recommend to the Council and committees that they exempt the overlay projects and street projects from the set-aside requirement. Mr. Colmenero further asked about the Horne Road project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 22. M2001-121 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $319,630 with Govind and Associates Inc. for the street improvements at Horne Road from Ayers Street to Kostoryz Street. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 23. M2001-122 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $459,300 with Bass and Welsh Engineering for neighborhood street reconstruction at the following sites: Laguna Shores Road, Azores Road, Catcay Drive, and Jamaica Drive. Minutes - Regular Council Meeting March 27, 2001 Page 15 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 24. M2001-123 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $398,314 with Coym, Rehmet and Gutierrez Engineering Inc. for neighborhood street reconstruction at the following sites: Woodlawn Drive, Birmingham Street, Lyons Street, Brookdale Drive, Whiting Drive, and Annaville Road. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 25. M2001-124 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $229,195 with Govind and Associates Inc. for the street improvements at McArdle Road, Phase 3 from Everhart Road to Holmes Drive. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 26. M2001-125 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $95,485 with Naismith Engineering Inc. for the street improvements at Cliff Maus Road, Phase 1A, from FM665 to just south of Rockford Road and guardrails/pedestrian bridges/school zones. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Kinnison asked if the funding for art in public places is a Council policy, and Mr. Garcia replied that it is. Mr. Kinnison suggested revisiting that issue. Mr. Chapa polled the Council for their votes on Item 27 as follows: 27. M2001-126 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $293,050 with Naismith Engineering Inc. for the street improvements at Yorktown Boulevard from Lake Travis Drive to Weber Road. 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 March 27, 2001 Page 16 Mayor Neal opened discussion on Item 29, fireworks display. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29. ORDINANCE NO. 024414 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Old Concrete Street, LTD, for the right to stage a fireworks display in conjunction with a performance with the Corpus Christi Symphony Orchestra at the adjacent Concrete Street Amphitheater; and establishing a fee of $460. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal asked City Secretary Chapa to provide a report on the status of early voting for the April 7, 2001 election. Mr. Chapa stated that as of March 26, 2001, there were 5,733 voters and at this same time in 1999 there were 2,968, which is a considerable increase. He said 40% of the early vote came out of District 4 and half of those were from Precinct 40 on Padre Island. The Mayor then called for the City Manager's report. Mr. Garcia reminded the Council about the April 3rd rededication of Wesley Seale Dam, and he said there will be a joint meeting with the Convention and Visitors Bureau on April 17th at noon. Mr. Garcia said the FY2001-02 budget process has begun and staff has targeted May 22nd for the initial submission to the Council. Mayor Neal said the Council received information regarding the $750 million in public and private construction projects that are ongoing or being initiated. He then called for Council reports. Mr. Garrett asked how long the parking lot near Harbor Playhouse will be torn up. Mr. Garcia said staff will provide a report. Mr. Garrett also reported several problems with the escalator at the convention center. Dr. Gonzales asked about a clean-up program scheduled for April 7th. Mayor Neal said it is the "Don't Mess with Texas Trash-Off'which is a state-sponsored event in which local organizations participate. Dr. Gonzales said April 7th is also Election Day and he urged people to go out and vote. Mr. Colmenero reported traffic concerns at the intersection of Del Mar and Brownlee. He also referred to a letter from Goodwill Industries which he forwarded to Mr. Garcia. Mrs. Longoria thanked staff for quickly addressing a concern at the airport. Mayor Neal asked staff to inform the Council about volunteer Adopt -a -Park activities when they occur. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:20 p.m. on March 27, 2001. *************