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HomeMy WebLinkAboutMinutes City Council - 05/15/2001I 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 May 15, 2001, which were approved by the City Council on May 22, 2001. WITNESSETH MY HAND AND SEAL, this 22nd day of May, 2001. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 15, 2001 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney* Javier D. Colmenero Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. David Pantermuehl, St. Paul United Church of Christ, and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. 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 May 8, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: (*Council Member Chesney arrived at 2:07 p.m.) Landmark Commission Sharon Brower (Reappointed) Deborah Douglas (Reappointed) Terry Orf (Reappointed) Susan Abarca Bunny Tinker Myron Grossman Commission on Children and Youth Paula Rosenstein (Reappointed) D'yan Lopez (Reappointed) Barry Abels Rene Gonzalez John C.B. LaRue * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-12). Council members requested that Items 4 and 5 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes - Regular Council Meeting May 15, 2001 Page 2 3. M2001-176 Motion approving the purchase of two hydraulic track excavators from Crescent Machinery, Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0122-01, based on low bid, for a total of $57,510. The excavators will be used by the Wastewater and Water Departments. One item is a replacement and the second is an addition to the fleet. Funds are available through the FY00-01 Capital Outlay Fund. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.a. M2001-180 Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley and Associates, Inc., in an amount not to exceed $148,600 for the J C Elliott Landfill Sector 9 Liner Improvements and Phase 2 Final Cover System. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.b. M2001-181 Motion authorizing the City Manager or his designee to execute a contract with Trinity Engineering Testing Corporation for a fee not to exceed $187,498 for Quality Control Testing, Soil and Liner Evaluation Report/Geomembrane Liner Evaluation Report/Ballast Evaluation Report and Final Cover System Evaluation Report for the J.C. Elliott Landfill Expansion Sector 9 Liner Improvements and Phase 2 Final Cover System. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7.a. M2001-182 Motion approving the application from the Corpus Christi Offshore Racing Association to temporarily close the following street sections in conjunction with the East-West Powerboat Shoot -Out and related activities, June 1-3, 2001: a) Northbound Shoreline Boulevard (inside lane and parking lane) from the north right-of- way of the old Belden Street median crossover to the Barge Dock entrance, beginning 9:00 a.m. May 28, 2001 until 6.00 p.m. May 30, 2001, and from 6:00 p.m. June 4, 2001 until 12:00 p.m. June 5, 2001; b) Southbound Shoreline Boulevard (inside lane and parking lane) from the south right-of- way of Hughes Street to the north right-of-way of Power Street, beginning 9:00 a.m. May 28, 2001 until 6:00 p.m. May 30, 2001, and from 6:00 p.m. June 4, 2001 until 12:00 p.m. June 5, 2001; Minutes - Regular Council Meeting May 15, 2001 Page 3 c) Northbound Shoreline Boulevard (full street closing) between the north right-of-way of the old Belden Street median crossover and the south right-of-way of Hughes Street, beginning 6:00 p.m. May 30, 2001 until 6:00 p.m. June 4, 2001; d) Southbound Shoreline Boulevard (full street closing), between the south right-of-way of Hughes Street to the north right-of-way of Power Street, beginning 6:00 p.m. May 30, 2001, until 6:00 p.m. June 4, 2001; e) Northbound Shoreline Boulevard (sidewalk area) between the Barge Dock and Mann Street, beginning 6:00 p.m. May 30, 2001 until 12:00 p.m. June 4, 2001. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7.b. M2001-183 Motion pursuant to Chapter 49 (Streets and Sidewalks), Division 2 (Temporary Closure of Streets) Section 49-17 (Conditions and requirements for permit) Paragraph (a) to allow the applicant for the "East-West Powerboat Shoot -Out" Event to charge an admittance fee of $10.00 for all persons above the age of 15 years and $5.00 for children between the ages of 5 and 15 years. Children under 5 years will be admitted free. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.a. M2001-184 Motion authorizing the City Manager or his designee to accept the Summer Food Service Program Grant from the Texas Department of Human Services to provide summer lunches and snacks to citizens ages one to eighteen at Summer Youth Recreation Programs throughout the community. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.b. RESOLUTION NO, 024447 Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with Corpus Christi Independent School District to provide summer food services for the Summer Recreation Programs. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.c. ORDINANCE NO. 024448 Ordinance appropriating a grant in the amount of $361,823 from the Texas Department of Minutes - Regular Council Meeting May 15, 2001 Page 4 Human Services in the No. 1050 Federal/State Grants Fund to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.d. RESOLUTION NO, 024449 Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with Corpus Christi Independent School District to provide transportation services for the Summer Recreation, Weed and Seed and Youth Recreation Programs for a fixed rate of $2.42 per mile. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.a. M2001-185 Motion authorizing the City Manager or his designee to accept funding in the amount of $12,647 from the Flour Bluff Independent School District E=MC2, 215` Century Grant Program to provide a structured summer recreation program, contingent upon approval of the Interlocal Governmental Agreement with Flour Bluff Independent School District. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.b. ORDINANCE NO, 024450 Ordinance appropriating $12,647 from the Flour Bluff Independent School District E=MC2, 215t Century Grant Program in the No. 1050 Federal/State Grants Fund to provide recreational programs at Flour Bluff Junior High School. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.c. RESOLUTION NO. 024451 Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with Flour Bluff Junior High School for the City to provide a structured summer recreation program to school age youth 12 to 16 years of age in consideration for the payment of $12,647 and use of Flour Bluff Junior High School facilities. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting May 15, 2001 Page 5 Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.a. M2001-186 Motion authorizing the City Manager or his designee to accept funding in the amount of $13,321 from the West Oso Independent School District E=MC2, 21' Century Grant Program to provide a structured summer recreation program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.b. ORDINANCE NO. 024452 Ordinance appropriating $13,321 from the West Oso Independent School District E=MC2, 21" Century Grant Program in the No. 1050 Federal/State Grants Fund to provide recreational programs at West Oso Junior High School. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.c. RESOLUTION NO. 024453 Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with West Oso Junior High School for the City to provide a structured summer recreation program to school age youth 12 to 16 years of age in consideration for the payment of $13,321 and use of West Oso Junior High School facilities. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11. M2001-187 Motion authorizing the City Manager or his designee to submit an application to the U.S. Department of Housing and Urban Development (HUD) for $1,000,000 for a three-year Lead -Based Hazard Control in Privately -Owned Housing Grant Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12.a. RESOLUTION NO. 024457 Resolution authorizing the resale of twenty-four (24) properties shown on the attached and incorporated Exhibit "A" which were foreclosed upon by Nueces County for failure to pay ad valorem taxes, for a minimum opening bid amount equal to 10% of the most recently Minutes - Regular Council Meeting May 15, 2001 Page 6 appraised value for properties valued under $10,000 and 15% of the most recently appraised value for properties valued at $10,000 or higher, rounded to the next ten dollar increment. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12.b. RESOLUTION NO. 024458 Resolution authorizing the resale of sixty-eight (68) properties shown on the attached and incorporated Exhibit "A" which were foreclosed upon by Nueces County for failure to pay ad valorem taxes, for a minimum opening bid amount equal to 25% of the most recently appraised value for properties valued under $10,000 and 30% of the most recently appraised value for properties valued at $10,000 or higher, rounded to the next ten dollar increment. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, purchase of rotary mowers. Council Member Chesney said he was concerned that this proposal violates the Council policy regarding the use of local businesses. He noted that the proposal was to award the bid to a company from New Braunfels while four Corpus Christi companies had also submitted bids. City Manager Garcia replied that there are state law provisions which specifically preclude the city from eliminating non -local companies from submitting bids. In addition, there are regulations which require the city to use the lowest bidder. City Attorney Bray said there was not a great deal of flexibility on this type of contract. Mr. Chesney requested the state regulations on that issue. Mr. Mike Barrera, Procurement & General Services Manager, said the Council policy specifically refers to requests for proposals, which is a different process than bid invitations, which are regulated by state statute. He said the majority of the purchases that his department makes are under a bid structure, which require advertisements. Mayor Neal agreed that the Council needs to be provided with that information. Council Member Kelly said he wants to know when the state law supersedes the Council's policy. Council Member Scott said the Council has been very supportive of local businesses in recent years. City Secretary Chapa polled the Council for their votes: 4. M2001-177 Motion approving the purchase of three 72 -inch self propelled rotary mowers from Jones Equipment & Turf, Inc., New Braunfels, Texas in accordance with Bid Invitation No. BI - 0121 -01, based on low bid, for a total of $29,481. The mowers will be used by the Wastewater Department. All items are replacements. Funds are available through the FY00- 01 Capital Outlay Fund. Minutes - Regular Council Meeting May 15, 2001 Page 7 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, advanced funding agreement. Responding to Council Member Colmenero, Mr. Kevin Stowers, Assistant Director of Engineering Services, said this expenditure does not affect the year 2000 funds. Mr. Angel Escobar, Director of Engineering Services, said staff will be bringing other TXDOT-related projects to the Council in the near future. City Secretary Chapa polled the Council for their votes as follows: 5.a. M2001-178 Motion authorizing the City Manager or his designee to increase the Advanced Funding Agreement in the amount of $46,255.27 with the Texas Department of Transportation for the S.H. 358 Illumination Project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. 5.b. M2001-179 Motion authorizing the City Manager or his designee to increase the Advanced Funding Agreement in the amount of $25,458.25 with the Texas Department of Transportation for the Holly Road Phase 2 Project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was made by the Arts and Cultural Commission (ACC) regarding the "percent -for -art" ordinance. Mr. Ronnie Sepulveda, Multicultural Services Manager, introduced Dr. Linda Avila, ACC chairperson. Using a computer presentation, Dr. Avila noted that the following upcoming projects fall under that ordinance: convention center, street improvements, park and recreation renovations, museum improvements, general improvement projects, seawall improvements, and the multipurpose arena. Mr. Sepulveda said that upon review of the projects, the ACC recommended omitting the street, park and recreation/museum and general improvement projects from the required allocation, while retaining the convention center, arena and seawall projects. Dr. Avila said the purpose of the percent -for -art ordinance, which was approved by the Council in March 1987, is for the city to accept responsibility for expanding the opportunities for Minutes - Regular Council Meeting May 15, 2001 Page 8 the citizens to experience art in public places; to recognize the substantial economic benefits from the provision of cultural amenities; and to encourage the inclusion of works of art in private developments in the city. She discussed the role of the Arts and Cultural Commission and the city with regard to the ordinance. She said the city is responsible for including the percent -for -art allocation in all city construction projects over $50,000. Dr. Avila noted that currently there are 32 pieces in the city's art collection, 22 of which were paid for by the percent -for -art funds. In addition to the construction cost criteria, Mr. Sepulveda said that qualifying construction projects include new construction or remodeling of a building, parking facility, park, arterial street, sidewalk, or any portion thereof. With regard to the arena and convention center projects, the ACC suggested that the architectural firm and the development committee recommend the names of specific artists which will be submitted to the Council for their final approval. He said the ACC also discussed the seawall project and suggested that requests for proposals be issued to artists with environmental art expertise; the Council will have final approval of the artist selection. Council Member Kinnison said he was surprised that the 1.25% allocation from the budgets of the new construction projects equated to a possible $1.4 million in funding. He said he has some concerns about the Council making a commitment to the policy at that time because there is a question about what will be the actual construction costs. Mr. Sepulveda said there would be no funding taken away from the seawall project because the monies are already included. Mr. Escobar confirmed that the seawall budget includes $1.5 million worth of architectural enhancements. Dr. Avila said there were many projects, such as major street improvements, that were theoretically eligible for the art allocation but the ACC decided to forego them in order to devote the monies to construction. A brief discussion ensued. Mr. Sepulveda discussed the importance of hiring an artist soon enough so that he or she can work with the architects in designing an art piece that works in conjunction with the project, particularly the arena and the convention center. Responding to Council Member Scott, Dr. Avila said the ACC members discussed environmental art projects that could be incorporated into the seawall project at a low cost. She said one of the commission members has talked to the arena architects about possible recommendations of artists for that project. In reply to Council Member Longoria, Mr. Dan Whitworth, Assistant Director of Park and Recreation, said the Community Cultural Plan which the Council adopted in 1995 did not change the 1987 ordinance (which is still in its original form), but public art and public space was one of the issues that was discussed by the citizens involved in the process. Mr. Longoria agreed with Mr. Kinnison that at this time there are still questions about exactly how much the arena will cost. He said he understands the importance of public art while at the same time when funds are limited, they have to be reasonable about what can be accomplished. Council Member Colmenero said the Council needs to be responsive to the citizens' intentions in approving the 2000 bond projects. He said he commends the artistic vision the ACC Minutes - Regular Council Meeting May 15, 2001 Page 9 members are promoting, particularly with the arena and convention center projects. Mr. Sepulveda said that including a well-known artist's piece of art in the new projects will bring additional tourists to Corpus Christi. * * * * * * * * * * * * * The second presentation (Item 14) was the quarterly update on the airport reconstruction project, which includes the terminal, commercial apron, and land side/roadway. Mr. Dave Hamrick, Acting Director of Aviation, used a computer presentation to discuss the milestones that have occurred in the three projects. In the terminal, the contractor has completed the north side flat -work and next week they will begin the second level of construction. Regarding the commercial apron, the Phase 1 bid award is on the day's agenda, while the city has received verbal notification of a $1 95 million Federal Aviation Administration grant award for Phase 2. In addition, staff is preparing for the release of 100% of the construction documents. Mr. Hamrick said that with regard to the terminal project, currently change orders have been maintained at 1.9% of the construction bid award of $16.5 million. He said staff expects to bring proposed modifications to the Council by mid-June, such as two additional escalators and a new public address system. The new terminal is scheduled for occupancy in May 2002. Mr. Hamrick also responded to Council members' questions. Mr. Doug Ellis, Project Manager with DMJM Aviation, used computer diagrams to further illustrate the progress that has been made to date on the terminal construction, passenger loading bridges and apron lighting, terminal apron improvements, lift station and sanitary sewer relocation, and roadway and parking lot improvements. Mr. Richard Maxwell, the project architect, showed photographs of the construction. Mr. Hamrick and Mr. Garcia responded to the Council. Mayor Neal called for a brief recess. Upon reconvening, he opened discussion on Item 17 regarding the terminal apron improvements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. M2001-188 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $1,141,497.80 with Bay, Ltd. for the Corpus Christi International Airport Terminal Apron Improvements Phase 1 Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly absent. * * * * * * * * * * * * * The third presentation (Item 15) was the quarterly update on the city's Risk Management program. Mr. Jorge Cruz-Aedo, Director of Financial Services, explained that the city has four health Minutes - Regular Council Meeting May 15, 2001 Page 10 insurance plans: Citicare, Citicare Q -Plus, Citicare Fire, and Public Safety Citicare. He said the city serves as the program administrator, Entrust is the claims administrator, Spohn Health Network is the network administrator, and Duran Insurance Brokerage is the advisor. Mr. Cruz-Aedo discussed several financial aspects of the insurance program. He said the total cash flows for all four plans from August 2000 through March 2001 are $9.9 million in contributions and $9.4 million in health care costs, for a net income of $457,939. He also delineated the cash flows of the four specific plans. Responding to Council Member Kinnison, Mr. Cruz-Aedo said the actuary is taking a very aggressive position on where he thinks the city will end up financially with the insurance plans. He noted that normally, actuaries review at least 24 months of historical data, while the city has only accumulated 22 months of data since it became self-insured. He agreed that the actual numbers are not as bad as the actuary is projecting. City Manager Garcia added that the city is experiencing positive results from changes that were made in the plan. Mr. Cruz-Aedo further described the criteria that the actuary used for his analyses and his recommendations. Mr. Cruz-Aedo noted that reserves are presently not being funded, while the industry standard is 20% to 25% of claims costs. He explained that two or three plan participants reaching the individual stop -loss cap would create a financial hardship for the plan. He said no plan or rate adjustments have occurred for Citicare-Fire since August 1999 and for Public Safety Citicare since March 2000, but costs for those two plans are trending upward. He said no program or plan changes are being recommended for Citcare and Citicare Q -Plus at this time; however, staff needs to negotiate some plan design changes with the police and fire unions that will help staff set rates that can be implemented on August 1, 2001. In reply to Mr. Kinnison, Deputy City Manager Noe said the city budget for FY2001-02 is being prepared based on the current premium cost distribution between the employee and the city. Council Member Kelly questioned the use of the actuary's figures to calculate costs since they vary so much from the actual cash flow figures. Mr. Noe said staff is following the recommendation of the city's outside auditors to utilize actuarial figures and he discussed the importance of building up reserves in the health care plan. Mr. Kelly said it appears that staff can make a few more administrative changes to save money but eventually the actual cost of health insurance is going to outstrip the city's ability to economize, thereby impacting either the employees' costs or the level of benefits or both. Mr. Cruz-Aedo described the other Risk Management programs: workers' compensation administration, general/auto liability administration, purchased insurance, and safety programs. He said the estimated liability for workers' compensation claims is approximately $5 million and for general/auto claims it is $8.5 million. Mr. Cruz-Aedo and Mr. Garcia further discussed workers' compensation issues and the city's safety programs. Responding to Council Member Garrett, Mr. Garcia and Mr. Noe said staff has been providing the representatives of the fire and police unions with information about the city's health Minutes - Regular Council Meeting May 15, 2001 Page 11 insurance financial situation and they will provide copies of the actuarial studies. He said staff is ready to begin the negotiations with the unions. With regard to Citicare, Mr. Cruz-Aedo said if there are no plan changes, some increase will probably be required by August 1st as part of the budget process. In reply to Council Member Longoria, Mr. Cruz-Aedo described the safety program and other plan issues. Mayor Neal asked staff to consider making the insurance plan year coincide with the city's fiscal year, which is August 1 -July 31. Mr. Garcia said that during their retreat the Council also discussed the possibility of changing the city's fiscal year to coincide with the federal government's fiscal year. * * * * * * * * * * * * * The fourth presentation (Item 16) was regarding the status of the Broadway Wastewater Treatment Plant diversion project. In a computer presentation, Mr. Escobar described the Oso - Greenwood implementation plan, which was approved by the Council in 1997. He said the plan recommended eight phases to improve wastewater operations throughout the city, but more specifically in the Oso -Greenwood implementation area. He said the recommendation of expanding the Greenwood plant from 6 MGD (million gallons per day) to 8 MGD has been completed. Mr. Escobar said the eight phases are as follows: Phase 1, Carolyn Heights area diversion to Greenwood plant - in design; Phase 2, collection system for Sewer Planning Area 30 (Phase 1) - complete; Phase 3, expansion of Greenwood plant from 8 MGD to 16 MGD - pending; Phase 4, Broadway flows diversion/lift station/force main - preliminary design; Phase 5, Broadway plant demolition and site clearance - pending diversion; Phase 6, regulated flow diversion force main from Williams or Wooldridge lift station to Greenwood - future project; Phase 7, Greenwood expansion from 16 MGD to 20 MGD - future project; and Phase 8, lift station and force main south of Oso Creek - future project. Mr. Escobar said since the approval of the 1997 plan, several circumstances have changed which necessitate reviewing the plan's proposals. For instance, the 1997 plan anticipated diversion amounts of 6 MGD while the preliminary design is calling for a capacity of 8 MGD; utilizing a dual force main instead of a single one; and constructing a new Broadway lift station rather than making improvements to the existing one. Consequently, the plan's original diversion cost estimate of $5.4 million has been increased to approximately $16.9 million. And the estimated cost of the Greenwood plant expansion requirements to treat the additional Broadway flows went from $16.5 million in 1997 to $36 million to $42 million today. The total estimated cost of the diversion project was $22.4 million in 1997 and now it is $53 million to $59.9 million. Mr. Escobar said that every year staff has updated the cost estimates in the capital improvement plan (CIP), and the FY2000-01 CIP budgets $47.1 million for Phases 3, 4 and 5 of the diversion project. He said other aspects of the project are the permit and right-of-way acquisitions, contracts for design and construction, and CIP yearly funding limitations. He said the earliest possible completion date is in mid -2008 while a more realistic date is late 2009 to close and Minutes - Regular Council Meeting May 15, 2001 Page 12 demolish the Broadway plant. Mr. Garcia said it is not just a question of closing the Broadway plant, it also involves shifting that capacity to another plant which has much higher treatment standards. In response to Council Member Colmenero, Mr. Escobar said that Item 18 on the day's agenda is needed to meet the plant's daily operations, including the daily parameters for discharge. He said the plant was built in the 1930s and despite renovations and additions, much of the equipment is very old. Responding to Council Member Scott, Mr. Escobar said that options to the 1997 diversion plan are to construct a new covered plant at the Broadway plant site or at another location, or to rehabilitate the existing facility. Mr. Foster Crowell, Wastewater Superintendent, added that the Broadway plant utilizes an older treatment process while the city's other wastewater plants use a more modern treatment process. However, the Broadway plant has been maintained to stay within the required permit parameters. Mr. Garcia pointed out that many things have changed since the 1997 plan was approved and staff is recommending revisiting that plan. Council Member Garrett asked what was the original purpose of the diversion project. Mr. Escobar said that in 1997 the question was whether the city was going to build a southside wastewater treatment plant or increase the capacity of the Oso plant. During that discussion, it was pointed out that the city could save up to $900,000 a year in operation and maintenance costs by closing the Broadway plant and diverting those flows to the Greenwood plant. Mayor Neal said one of the issues that was not fully considered in the development of the 1997 plan was the problem of inflow and infiltration in the downtown area. In response to Council Member Longoria, Mr. Escobar said the city owns an additional 40 acres south of the Greenwood plant that is available for a future expansion. The Mayor called for consideration of Item 18, engineering services for equipment at the Broadway plant. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. M2001-189 Motion authorizing the City Manager or his designee to execute an Amendment No. 3 to an engineering services contract in the amount of $43,010 with Govind and Associates, Inc. for the Broadway Wastewater Treatment Plant lift station and diversion to Greenwood Wastewater Treatment PlanllNueces River Delta (digester blowers and air diffusers replacement project). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Minutes - Regular Council Meeting May 15, 2001 Page 13 Mayor Neal opened discussion on Item 19, RTA street improvements. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19.a. ORDINANCE NO. 024454 Ordinance appropriating $331,625 from the Regional Transportation Authority in the No. 3530 Street Bond Fund for Special Projects 2000 Street Improvement Program; amending the FY00-01 Capital Budget adopted by Ordinance No. 024162 by adding $331,625 to the Street Capital Improvement Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 19.b. M2001-190 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the engineering contract in the amount of $49,090 for a total fee not to exceed $98,180 with Shiner, Moseley and Associates for the Regional Transportation Authority (RTA) Miscellaneous Street Improvements. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, financial policies. Mr. Mark McDaniel, Director of Management and Budget, said these policies are the same as those in effect the last three years, although Section 4 has been modified because the five percent fund balance goal in the General Fund is expected to be reached by the end of the current fiscal year. In addition, a new section has been added to address the new Governmental Accounting Standards Board requirements of Statement 34, which should maintain and strengthen the city's bond rating. Council Member Kinnison said he was interested in finding out what other cities' fund balance goals were, adding that five percent equates to about 2.6 weeks of operational funds. Mr. McDaniel said the industry standard is between 10% to 15% depending on each city's circumstances. Mr. Garcia said the city's budget has been stabilized and staff is recommending a rebuilding process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 20. RESOLUTION NO. 024455 Resolution reaffirming and amending financial policies adopted by Resolution No. 023319 and providing a policy to maintain the fund balance for the General Fund at an adequate level. Minutes - Regular Council Meeting May 15, 2001 Page 14 The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, anti juvenile delinquency grant. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 024456 Resolution authorizing the City Manager or his designee to submit a Letter of Intent to the Robert Wood Johnson Foundation for a grant in the amount of $250,000 to develop networks between justice systems, social services, and habilitation services to better serve juvenile offenders and their families. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. * * * * * * * * * * * * * Mayor Neal deviated from the regular agenda and opened discussion on Item 25, Animal Control Advisory Committee composition. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 2 Administration, Article IV Miscellaneous Boards, Commissions and Committees, Division 8, Section 2-115 and 2-116, by modifying the composition of the Animal Control Advisory Committee; providing for an effective date. The foregoing ordinance passed on first reading as follows: Neal, Colmenero, Garrett, Kirmison, Longoria, and Noyola voting "Aye"; Chesney, Kelly, and Scott voting "No." Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Ms. Rose Garza, a member of the Corpus Christi Metro Ministries Board, thanked the Council for their preliminary award of funds to that organization during the public hearing last week for the Consolidated Annual Action Plan. She said Metro Ministries' facilities are in dire need of repair and they provide much-needed assistance to homeless people. Minutes - Regular Council Meeting May 15, 2001 Page 15 Mr. R.F. Hasker, 1813 Wallace, said there are many questions about where people will park once the new arena is built. Council Member Longoria said there will be a presentation next week about that project and it will show that there will be sufficient parking. Mr. Jack Gordy, 310 Norton St., said some city facilities are not flying the proper size of United States flags. He also asked how long the city intends to give the Regional Transportation Authority to stop violating the city ordinance, state law, and federal law regarding advertisements on bus benches in state rights-of-way. Mr. J.E. O'Brien, 4130 Pompano, said if the Council's reason for moving the public comment portion to 5:30 p.m. was to accommodate the working public, it should not be long before the Council decides to begin their meetings at 5:30 p.m. as well. He said historically retreats have always been referred to as "workshops," and he quoted from the City Charter regarding Council workshops. He said that during the Council retreat held on May 7, 2001, the Council changed its policy regarding public comment; therefore, it appears that the Council violated city policy and the City Charter. He said the Council could correct that action by scheduling an agenda item to officially change the Council policy regarding public comment. Mr. Jose Marroquin, 2433 Allencrest, said he is against the elimination of the public access cable channel because it would stifle his constitutional right of free speech. He said if that occurs, he will boycott Time Warner and file a complaint. Council Member Noyola said he was wrong to comment last week about possibly eliminating that channel, adding that it is not fair to punish all the users of that channel because of comments made by one person. Council Member Longoria said the comment last week was that the option of eliminating the channel exists but none of the Council members indicated that they were going to take that action. Mr. Joe De La Garza also referred to unwelcome comments made on a specific public access cable channel program. He said he was told that the Felix Longoria Chapter of the American G.I. Forum indicated that one individual would no longer represent the chapter. He said that chapter should not be involved in politics and he objected to derogatory comments that were made about people involved in volunteer church activities. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, Consolidated Annual Action Plan. There were no comments from the audience. Council Member Noyola referred to an alternate funding proposal that was tentatively approved last week. He made a motion to change the funding amounts as follows: instead of $100,000 going to the Manshiem project and $200,000 going to the Coastal Bend Community Foundation (CBCF), $200,000 would go to the Manshiem project and $100,000 would go to the CBCF. Council Member Longoria said there is a question whether the Ballet Nacional and CBCF projects will be eligible for the funds, which will be determined by the U.S. Department of Housing and Urban Development. Council Member Chesney seconded Mr. Noyola's motion. Minutes - Regular Council Meeting May 15, 2001 Page 16 Mr. Longoria suggested that Mr. Noyola's motion instead target any funds that become available through the possible ineligibility of the two projects he mentioned. Council Member Kinnison pointed out that at this time the Manshiem project only needs $105,000. Following additional discussion, Mr. Kinnison made a motion that the first $100,000 of any reprogrammed or ineligible funds would go to the Manshiem project (thereby doing away with the alternate motion adopted last week). Mr. Colmenero seconded Mr. Kinnison's motion. Mr. Noyola and Mr. Chesney concurred with the altemate motion. Council Member Scott expressed support for the Timon's Ministries project, which was not funded. There were no comments from the audience. City Secretary Chapa polled the Council and Mr. Kinnison's motion to amend Item 22 passed unanimously. Responding to Mr. Longoria, Mr. Norbert Hart, Director of Housing and Community Development, said the city is required to set aside a minimum of 15% of the funding for Community Housing Development Organizations. Mr. Chapa polled the Council for their votes as follows: 22.a. M2001-191 Motion adopting the FY2001 Community Development Block Grant (CDBG), Emergency Shelter Grants (ESG), and the Home Investment Partnerships (HOME) Programs. The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 22.b. RESOLUTION NO. 024459 Resolution adopting the City of Corpus Christi Consolidated Annual Action Plan (AAP) for Community Planning and Development Programs for FY2001; authorizing the City Manager or his designee to submit the Consolidated/Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the Consolidated/Annual Action Plan if required by the U.S. Department of Housing and Urban Development. The foregoing resolution passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal referred to a letter sent to the Council by Mr. Juan Valdez, President of the Rose Shaw Special Emphasis School PTA. He said this action indicates that the Council supports that organization and their project, as well as similar projects. * * * * * * * * * * * * * Mayor Neal opened discussion on Items 23 and 24 regarding Packery Channel. City Manager Garcia explained that the purpose of these proposals is to give the city flexibility to expedite the Minutes - Regular Council Meeting May 15, 2001 Page 17 Packery Channel dredging project. Mr. Cruz-Aedo pointed out that while the amount of the bonds will be $10.5 million, this reimbursement resolution is limited to $1.05 million. He said incidental expenses for the project, such as those incurred under Item 24 (for $22,000) would initially come from the General Fund until the monies are available in the tax increment financing (TIF) fund, at which time the General Fund would be reimbursed. Responding to Council Member Kinnison, City Attorney Bray said the TIF is a legal entity which is governed by state law. He said the TIF board will develop the project plan and the ultimate financing plan after they receive the final monetary figures from the U.S. Army Corps of Engineers. He added that since the city is the local sponsor of the project, bond counsel has advised that the city should pass a reimbursement resolution. Mr. Kinnison expressed concern about the city incurring other expenditures to be reimbursed when the TIF has not yet approved a plan and does not have funding to make the reimbursement. Mr. Garcia assured the Council that given the controversy and Council interest in Packery Channel, no monies will be spent without Council approval, even amounts less than $15,000. In addition, there will be a budget jointly prepared by the Corps and city staff which will have to be approved by the Council. City Secretary Chapa announced that Council Members Garrett and Kelly would abstain from discussing or voting on Items 23 and 24. Council Member Chesney asked if the monies will soon be available in the TIF in order to reimburse the city for expenses incurred. Mr. Noe replied that a separate fund will be created to account for the revenues from the TIF. He said the appraisal district has indicated that monies should be available from the values of the properties in the TIF. Mr. Garcia added that whether or not the bonds are issued, the monies will be accruing in the TIF now that the Council created that entity. Mr. Chesney discussed the importance of being fiscally responsive to citizens. Council Member Scott said this is not a tax increase. Property owners inside and outside the TIF boundary will pay the same tax rate; the only difference is if property in the TIF increases in valuation, that incremental amount will go to the TIF. Mr. Stowers said staff is anticipating only having minor incidental expenses at this time in regard to Packery Channel. Mr. Scott noted that a ground breaking ceremony was recently held for a $2.5 million development project inside the TIF boundary. Responding to Council Member Longoria, Mr. Garcia said staff told the Corps of Engineers that the city wished to facilitate the pace of the Packery Channel project. The Corps replied that due to their federal processes, it would be more expedient if the city was responsible for the title services. Mr. Garcia added that the Packery Channel project is completely independent of what the developer is doing. He said he believes that the bonds will be privately placed to the developer and if the developer decides not to buy them, staff believes there will still be a market for the bonds, which will be backed by the TIF revenues. A discussion ensued. Minutes - Regular Council Meeting May 15, 2001 Page 18 Mr. Chesney asked why the Council has to approve the $1.05 million reimbursement resolution at this time. Mr. Cruz-Aedo said the IRS requires that the resolution include the full amount of the potential bond sale, which is $10.5 million. He said staff limited the city's exposure amount in the resolution to 10% of the bond amount, or $1.05 million. Mr. Garcia reiterated that staff anticipates the amount spent will be significantly less than $1.05 million. Mayor Neal called for public comment on Items 23 and 24. Mr. Jack Gordy questioned why interest will not be charged on the $22,000 for the title searches. Mr. Cruz-Aedo replied that interest is not charged when using general obligation bond funds because both sources involve taxes. Mr. R.F. Hasker said some Council members asked very good questions but the answers were not very conclusive. He added that those questions should have been brought up before the TIF was finalized. He asked if there is a limit as to how far the city will go with regard to Packery Channel. Mr. Cruz-Aedo said that as previously stated, the resolution limits the amount to $1.05 million and staff will bring every disbursement to the Council for their approval. Mr. Hasker also commented on Item 24, questioning whether the city is doing the Corps' work by providing the title services. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 024460 Resolution expressing official intent to reimburse costs of the Packery Channel Improvements Project. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining. 24. M2001-192 Motion authorizing the City Manager or his designee to execute a contract with First American Title Insurance Company of Texas for an amount not to exceed $22,000 for title services associated with the Packery Channel Restoration Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 26, dog restraints. Responding to Council Member Kelly, Dr. Nina Sisley, Director of Public Health, said there are two different proposed amendments to the Code of Ordinances regarding tethering of dogs in yards and in the back of trucks. She said the problem with tying a dog around a tree is that it gets Minutes - Regular Council Meeting May 15, 2001 Page 19 tangled up and cannot reach water, food or shelter. In addition, the Animal Control Division has picked up dogs that have died from choking to death after being tied up. Mr. Kelly asked if the city's existing ordinance regarding animal cruelty would be applicable. Dr. Sisley said an animal control officer would have to actually witness the cruelty occurring in order for that ordinance to apply. In reply to Council Member Colmenero, Dr. Sisley said the Animal Control Advisory Committee members were the ones who brought these proposed amendments forward. Council Member Chesney also asked about the animal cruelty ordinance. Mr. Jeff Beynon, Animal Control Supervisor, said that state law requires there be a "culpable state of mind," meaning that the city would have to prove that the cruelty was intentional. He said currently there is an effort in the state legislature to have that phrase removed. Mr. Chesney expressed concern about over- regulation by the government. Council Member Kinnison asked if there was any documentation about incidents involving dogs not being properly tethered in a truck. Mr. Beynon said that is difficult to document because if an accident occurs from a dog being thrown or jumping from a truck, the owner often leaves the scene because he is legally liable for that accident occurring. He said the Police Department is in favor of this amendment for safety reasons and they will be enforcing it. He said a serious accident occurred about four months ago when a dog went through the windshield of a car following a truck, which resulted in a major accident. In addition, the owner of the dog left the scene. Council Member Scott said he owns a dog but he is concerned about the continued intrusion by the government in people's private lives. Council Member Longoria said the government regulates many aspects of people's lives, such as how fast they can drive, and he does not feel this is an intrusion but rather a way to protect animals. In reply to another question from Mr. Colmenero, Mr. Beynon said the city already requires that a dog be kept in a fenced yard or, if there is no fence, to be tied up. He said this amendment would require that a dog be tethered in a different way --with a cable and a run. Dr. Sisley said many dogs are tied up 24 hours a day. Council Member Noyola asked how many reports the city has received of dogs dying from being tied up. Mr. Beynon replied that Animal Control investigates five to 10 cases a week and about five dogs a month die from thirst or choking. Mayor Neal called for public comment. Ms. Susan Thiem, a member of the Animal Control Advisory Committee, said they are not trying to impose on people's lifestyles. She said that as Mr. Beynon explained, the cruelty laws do not apply in these cases and these amendments are an effort to prevent cruelty to dogs and prevent accidents. She added that compared to other cities, Corpus Christi is far behind the times in its treatment of animals. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting May 15, 2001 Page 20 26.a. FIRST READING ORDINANCE Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 6, Animal Control, Article I in General; Section 6-2 Definitions and Article IV Care and Keeping of Animals by adding new Section 6-39, regarding the restraint of a dog by means of a tether; providing for an effective date. The foregoing ordinance passed on first reading as follows: Neal, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Chesney, Kelly, and Scott voting "No." 26.b. FIRST READING ORDINANCE Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 53, Traffic, Article I in General, by adding new Section 53-16, regarding the restraint of a dog in an unenclosed motor vehicle; providing for an effective date. The foregoing ordinance passed on first reading as follows: Neal, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Chesney, Kelly, and Scott voting "No." * * * * * * * * * * * * * Mayor Neal announced the executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following: Item 27 - City of Corpus Christi v. William Riddick et al, No. 95- 7104-G, 319th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session; and Item 28 - Carol Kinney et al v. Nueces County et al, Civil Action No. C-01-200, United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal made the following motions, seconded by Council Member Kinnison: 27. M2001-193 Motion authorizing the City Manager to employ the law firm of Canales & Simonson to represent the City in City of Corpus Christi v. William Riddick et al, No. 95-7104-G, 319th District Court, Nueces County, Texas, at an hourly rate not exceeding $150, subject to certification and appropriation of funds. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 28. M2001-194 Motion authorizing the City Manager to employ the law firm of Canales & Simonson to 1 Minutes - Regular Council Meeting May 15, 2001 Page 21 represent individual police officers and to employ the Law Offices of Jorge Rangel to represent the City of Corpus Christi and the Police Chief in Carol Kinney et al v. Nueces County et al, Civil Action No. C-01-200, United States District Court for the Southern District of Texas, Corpus Christi Division, at an hourly rate not exceeding $150, subject to certification and appropriation of funds. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia announced that the new exhibit at the Museum of Science and History will open on May 18th. On May 22nd there will be a joint meeting at noon with the Convention and Visitors Bureau as well as several items on the regular Council meeting agenda. Mayor Neal called for Council concerns and reports. Mr. Scott asked about the status of the street name change ordinance. Mr. Garcia said staff will give the Council a detailed presentation that proposes changes to the process. Mr. Kelly apologized for not being able to attend the police officers' memorial ceremony. Mr. Longoria asked about the status of the public restrooms on the T -Head. Mr. Noe explained that Landry's Restaurant will provide temporary public restrooms at their expense for three years, even during the period that they are remodeling the former Lighthouse Restaurant. Mr. Chesney requested the model of the Friends of the Museum plan because he would like to find a way to establish a "Friends of the Park" plan. He thanked staff for their speedy responses to his previous requests. Mr. Garrett asked staff to investigate a problem with grease traps of restaurants near the Alameda Apartments at Alameda and Eldon. Mayor Neal asked staff to provide information in their packets about the condemnation process that the city uses with regard to eminent domain. He also requested a list of the current condemnation projects and their status. There being no further business to come before the Council, the Mayor adjourned the Council meeting at 7:53 p.m. on May 15, 2001. *************