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HomeMy WebLinkAboutMinutes City Council - 04/30/2002I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of April 30, 2002, which were approved by the City Council on May 14, 2002. WITNESSETH MY HAND AND SEAL, this 14th day of May 2002. SEAL rot,o6__() Armando Chapa City Secretary PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison John Longoria Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 30, 2002 - 1:20 p.m. City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Secretary Mary Juarez Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall and he gave the invocation. The Pledge of Allegiance to the United States flag was led by third grade students from Carroll Lane Elementary. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of April 23, 2002. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointment was made: Oil and Gas Advisory Committee Robert J. DeLeon * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-20). Assistant City Secretary Juarez stated that Items 13 and 14 were withdrawn. Council members requested that Items 4 and 15 be discussed. There were no comments from the audience. Ms. Juarez polled the Council: 3. M2002-115 Motion approving a supply agreement with Carus Chemical Company Ottawa, Illinois for approximately 70 cycle bins of potassium permanganate in accordance with Bid Invitation No. BI -0069-02 based on low bid for an estimated annual expenditure of $338,026.50. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY 2001-2002 by the Water Department. Minutes - Regular Council Meeting April 30, 2002 - Page 2 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5.a. M2002-117 Motion accepting a restricted $10,000 donation from the Blanche Moore Foundation for the Corpus Christi Magic Blanche Moore Baseball Team, and a $7,500 donation assistance to the baseball field at Moody High School. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5.b. ORDINANCE NO. 024849 Ordinance appropriating $10,000 from the Blanche Moore Foundation in the No. 6010 Trust Fund -Youth Sports to fund the Corpus Christi Magic Blanche Moore Baseball Team; and appropriating $7,500 from the Blanche Moore Foundation in the No. 6010 Trust Fund -Youth Sports; amending the FY 2001-2002 Budget, adopted by Ordinance No. 024528, to increase appropriations by $17,500 in the No. 6010 Trust Fund -Youth Sports. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.a. M2002-118 Motion authorizing the City Manager or his designee to accept a grant from the Texas Commission for the Arts in the amount of $3,846 and to execute contracts and all related documents to fund a Youth Arts Education Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.b. ORDINANCE NO. 024850 Ordinance appropriating a grant in the amount of $3,846 from the Texas Commission for the Arts in the No. 1050 Federal/State Grants Fund for a Youth Arts Education Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7.a. M2002-119 Motion authorizing the City Manager or his designee to accept grants totaling $7,500 from the Texas Book Festival. Minutes - Regular Council Meeting April 30, 2002 - Page 3 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7b. ORDINANCE NO. 024851 Ordinance appropriating $7,500 from the Texas Book Festival in the No. 6010 Trust Fund to purchase library materials for the Central, Parkdale and Northwest Libraries; amending the FY 2001-2002 Budget, adopted by Ordinance No. 024528, to increase appropriations by $7,500 in the No. 6010 Trust Fund -Library. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.a. M2002-120 Motion authorizing the City Manager or his designee to accept a grant in the amount of $54,303 and execute a contract with the Corporation for National Service for the continuation of the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.b. ORDINANCE NO. 024852 Ordinance appropriating a grant in the amount of $54,303 from the Corporation for National Service in the No. 1050 State and Federal Grants Fund for the continuation of the Retired and Senior Volunteer Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.a. RESOLUTION NO. 024853 Resolution determining the necessity for and ordering the improvement of the following highway in Corpus Christi, Nueces County, Texas for the Woodlawn Drive Street Improvements: Woodlawn Drive from South Padre Island Drive (SPID)West Bound Frontage Road to McArdle Road specifying that certain of these improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a Notice of Proposed Assessments with the Nueces County Clerk. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting April 30, 2002 - Page 4 9.b. RESOLUTION NO. 024854 Resolution approving plans and specifications for improvements to the following highway in Corpus Christi, Nueces County, Texas for the Woodlawn Drive street improvements: Woodlawn Drive from South Padre Island Drive (SPID) west -bound frontage road to McArdle Road; approving the Director of Engineering Services' project construction cost estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the June 11, 2002 City Council meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10. M2002-121 Motion authorizing the City Manager or his designee to execute a construction contract with Kone, Inc., of San Antonio, Texas, in the amount of $54,462.67 for the QEI Elevator Repairs -Multiple City Projects - 2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.a. M2002-122 Motion approving the reimbursement application submitted by Braselton Land Ventures, Inc. owner and developer of The Park at Dunbarton Oaks, Subdivision (who will complete construction of the full street), for reimbursement of developer's contribution for in lieu of half street construction of Patti Drive as was required by the development of The Village at Dunbarton Oaks Unit 1 Subdivision and approved by City Council Ordinance No. 024154 on August 22, 2000. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.b. ORDINANCE NO. 024855 Ordinance appropriating $45,445.57 from the Street Trust Fund, Village/Dunbarton Oaks Unit 1 Subaccount No. 6010-263033, to pay Braselton Land Ventures, Inc's request for reimbursement in accordance with the Platting Ordinance, to fund construction of half street (with supporting public utility infrastructure) required by development of The Village at Dunbarton Oaks Unit 1 Subdivision, said construction having previously been deferred for cash in lieu of construction during platting. Minutes - Regular Council Meeting April 30, 2002 - Page 5 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12. ORDINANCE NO. 024856 Ordinance abandoning and vacating a 1,018 -square foot portion of a five-foot wide utility easement out of Lot 17, Block 3, Lantana Subdivision; requiring the owner, Mr. Johnny Singh to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13. WITHDRAWN nauce dutl.orizhig tl,c City Mdudgci Oi llts dcsigiic., to CAC.,UL., d USc Ii 14. WITHDRAWN �dinancc appropriating $36,790.19. th. CDIIG D%Sin Itinn L11.41 Piugiaui Imimi.. 111 tln O. 1050 Fcd...al/State Grautb Fund. 16. RESOLUTION NO. 024858 Resolution approving the submission of a grant application in the amount of $496,762 to the Texas Automobile Theft Prevention Authority (ATPA) to continue the Motor Vehicle Theft Enforcement Grant within the Police Department. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17.a. RESOLUTION NO. 024859 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $9,800 from the Texas Department of Public Safety Division of Emergency Management for the purchase of audiovisual and computer equipment for the Emergency Operations Center, with a City match of $9,800 in the No.1020, Emergency Management Fund, and a total project cost of $19,600. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting April 30, 2002 - Page 6 17.b. ORDINANCE NO. 024860 Ordinance appropriating a grant in the amount of $9,800 from the Texas Department of Public Safety Division of Emergency Management in the No. 1050 Federal/State Grants Fund for purchase of audiovisual and computer equipment for the Emergency Operations Center. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 18. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year lease with Corpus Christi United Little Miss Kickball, a non-profit organization, and an affiliated member of Little Miss Kickball International Inc., a non-profit corporation, for the use of a portion of Bill Witt Park for its kickball program and in consideration of Corpus Christi United Little Miss Kickball maintaining the premises and improvements. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 19. ORDINANCE NO. 024861 Ordinance equalizing the single -member districts for the election of City Council members in accordance with the City Charter; providing for submission of the reapportioned districts for preclearance from the U.S. Department of Justice. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 20. ORDINANCE NO. 024862 Ordinance amending Section 12-75(a) of the Code of Ordinance to remove limitations on the size of vessels that can be hauled out for repair on the L -Head. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, police database information. Responding to Council Member Garrett, City Manager Garcia said that video imaging is one component of the agreement but it also entails sharing information about sexual offender databases. Mr. Garrett asked if the city will put into use the $85,000 worth of equipment that it purchased and Mr. Garcia replied affirmatively. Assistant City Secretary Juarez polled the Council for their votes as follows: Minutes - Regular Council Meeting April 30, 2002 - Page 7 15. RESOLUTION NO. 024857 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Nueces County to share mug shot database information and sex offender database information. 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, modular workstations for the Fire Department. Responding to Council Member Chesney, Mr. Michael Barrera, Procurement and General Services Manager, explained that in order to ensure that the city was receiving the best value for the product, he went to two local vendors in addition to the vendor participating in the cooperative purchasing group. He said staff believes the recommendation is in the best interest of the city. City Manager Garcia said that cooperative purchasing groups meet the state's bid requirements because their prices are lower than what the city could receive as a competitive bid. In reply to additional questions from Mr. Chesney, Mr. Barrera said that G.F. Office Furniture, which is under the state contract, does not have a local store in Corpus Christi but rather a factory representative. He said if the city had contracted with them, it would have needed a separate contract for the installation of the furniture. Consequently, staff felt a turn -key proposal was more feasible and they are recommending awarding the contract to Corporate Express of Texas Inc. Mr. Garcia acknowledged that Corporate Express' proposal is higher than G.F. Office Furniture's but it also includes installation, warranties and service. He said if the workstations prove to be satisfactory, staff intends to purchase more of them. A brief discussion ensued. Assistant City Secretary Juarez polled the Council for their votes as follows: 4.a. RESOLUTION NO. 024848 Resolution authorizing the Procurement and General Services Manager or his designee to participate in the U.S. Communities Purchasing and Finance Agency purchasing program when in the best interests of the City of Corpus Christi. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney voting "No." 4.b. M2002-116 Motion approving the purchase of twenty-one workstations from Corporate Express of Texas Inc., Corpus Christi, Texas in accordance with the U.S. Communities Government Purchasing Alliance for the total amount of $46,208. The furniture will be used by the Fire Department. Funds have been budgeted by the Fire Department in FY 2001-2002. Minutes - Regular Council Meeting April 30, 2002 - Page 8 The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney voting "No." Mayor Neal recessed the Council meeting to read the day's proclamations. * * * * * * * * * * * * * Upon reconvening, Mayor Neal referred to the presentations on the day's agenda. The first (Item 21) was by the Arts and Cultural Commission (ACC) on their recommendation for the selection of art for the arena/convention center project. Using a computer presentation, Mr. Chuck Anastos, commission chairman, said that on August 28, 2001, the Council directed the ACC to prepare a request for proposals (RFP) for art for the arena and convention center projects. An art selection panel was formed, consisting of ACC members and a voting member of the architectural team. In addition, RFPs were submitted to 10 artists. The panel met on several occasions and "short- listed" three artists, who were asked to submit additional information about their proposals regarding durability, maintenance and individual design elements. Mr. Anastos said the ACC selected the proposal by local artist Mr. Michael Manjarris, which consists of a sculpture garden featuring the works of six artists from different cultural and ethnic backgrounds. He said the works of art will create a physical and visual link between the arena, convention center, Arts and Sciences Park and the Watergarden. He said the selection panel felt that featuring six artists --rather than just one --will broaden the appeal of the sculpture garden. He said the artists' works will draw more tourists to Corpus Christi and provide educational opportunities for people. Other benefits of the works of art include their intrinsic value, accessibility and permanence. Mr. Anastos then discussed the six artists included in the proposal: Luis Jimenez, Mel Chin, John Buck, Charmaine Locke, Michael Manjarris and James Surls. Council Member Scott noted that this art selection process has already begun and he asked what the ACC expects of the Council. Mr. Anastos replied that he believes commissions are established to do the groundwork for the Council and he said this selection process was carried out very carefully. He said the members felt that public art is not meant to adorn a building and should be enjoyed by everyone at any time, without them having to buy a ticket to enter a building to view the art. He said the ACC feels this proposal reflects that belief. Mr. Scott asked if there is supposed to be a relationship between the architecture of the building and the art work. Mr. Anastos said they believe the buildings (arena and convention center) should stand on their own; however, the sculpture garden can link those and the other facilities into a public space. In addition, there is an effort to have another artist in the multi-million dollar range to place a piece in that area on a temporary basis for five years. Mr. Anastos said the siting of the art pieces in the sculpture garden will be done by a team of architects, staff and others. Council Member Kelly asked how city staff feels about the proposed sculptures. Mr. Tony Cisneros, Director of Park and Recreation, said staff places trust in the ACC and the art selection process and their perspective is that significant pieces of art will be added to the city's inventory. He said there is a separate line item for maintenance of the art work. Mr. Anastos reiterated that a member of the architectural team served on the art selection panel. He added that the proposal will Minutes - Regular Council Meeting April 30, 2002 - Page 9 not require the relocation of any streets. Council Member Kinnison said that when this process started, city staff had a different idea about incorporating art into the new arena and renovated convention center. Deputy City Manager Noe said that at one time there was a discussion about that possibility but the Council elected to move forward with the RFP process and this is the outcome of the RFP. He discussed budget implications, noting that since the pieces have not been sited, staff does not know what the potential infrastructure costs will be of the sculpture garden (including walkways and landscaping). He said those costs are not included in the cost of the art itself. Mr. Anastos added that the ACC anticipated the need for private funds to develop the infrastructure to connect the pieces and that process has already started. In addition, the ACC has taken on the responsibility of funding an endowment for the maintenance of all permanent art in the city's collection. In response to Mr. Kinnison, Mr. Anastos said four of the pieces in the proposal have already been created and the other two are in the design phase. Mr. Kinnison asked if the ACC considered staff's recommendation to incorporate art into the building's design. Mr. Anastos said the members were very cautious when they began this process but they did not agree with the Engineering Department staff's point of view that the art had to be integrated into the building in the form of carpet, tile and other elements. He said he does not believe that is art; rather, it is beautification of the building, which is the architect's responsibility. He said the ACC feels this is a once-in-a-lifetime opportunity to bring several pieces of art to Corpus Christi. Council Member Colmenero asked about the scope of the fundraising efforts. Mr. Anastos said all fundraising is being done through the artist and local private patrons. He added that the ACC did not feel that a water -related art piece was warranted since the works will be placed near the Watergarden. Responding to other questions from Mr. Colmenero, Mr. Cisneros further discussed maintenance issues and Mr. Noe said at this point there is no money set aside for art inside the arena. Mr. Garcia said the reason this art project exists is because of the arena and convention center and it will have to be integral to those two buildings. Mayor Neal said the Council direction is to proceed to the next level in this process. * * * * * * * * * * * * * The second presentation (Item 22) was regarding the utility rate model options for the capital improvement program (CIP). Mr. Mark McDaniel, Director of Management and Budget, said this is the first full year staff is using the utility rate model, which is proving to be a very valuable --yet fluid --tool. He said the reeningeering effort in the utilities departments has allowed for minimal or no rate increases in the last three years. However, additional funding is required in order to construct the capital improvement projects previously presented to the Council. Mr. McDaniel explained that since January 2002, staff has updated the assumptions for the model in the following ways: updated operating expenditure and debt service estimates for FY 01-02 and beyond; used 2.5% (instead of 3%) average annual cost increases; maintained funding of the water supply projects through a separate raw water charge; and deleted funding for long-range stormwater projects and for utility and stormwater improvements associated with future bond issues. Minutes - Regular Council Meeting April 30, 2002 - Page 10 He added that a rate increase of 1.4% is required solely for the current debt/operation and maintenance. Responding to Mayor Neal, Mr. McDaniel said the model is designed for 12 years. The Budget Director then discussed Option A -annual 3% rate increases, which allow for funding of short-range projects and only some priority one long-range projects. In addition, it does not include any funding for stormwater projects in the long-range CIP; the working capital falls below 25% in FY 2005-06 and goes negative in FY 2009-10. City Manager Garcia said the working capital reserve is vital to the city's financial health. In response to Council Member Noyola, Mr. Garcia said the Council directed staff to develop Option A as opposed to staff's original recommendation of annual 6% increases. He said the long- range stormwater projects were deleted because there was insufficient funding for them with 3% rate increases. Mr. McDaniel said if all the stormwater and priority two and three projects were added back in, the new rate would be about 5% instead of 6%. He said that is possible due to adjustments that were made to the model. Mayor Neal said they cannot let the working capital fall below 25% and under Option A they would have to begin eliminating some priority one projects in FY 2005-06. Mr. Noyola asked how they were able to hold the rate increases down to 2% the last two years. Mr. Garcia said that due to reengineering efforts, the city was able to cut millions of dollars in operating expenses and those savings are now depleted. Mr. McDaniel said the city also did not have as much debt at that time. He said the city is at the point where it cannot cut costs anymore. Mr. Garcia pointed out that some of the priority one projects are already underway and one of the challenges is that sometimes the construction bids come in over the engineers' estimates. Mr. McDaniel then discussed Option B, a "calibrated" rate increase, which would allow for funding of the short-range projects and all of the priority one long-range projects. However, it still would not contain any funding for long-range stormwater projects. Under this scenario, the working capital would remain above 25% with a positive balance. Mr. Garcia noted that a rate increase of 3% or less also impacts the ability to do voter -approved street projects because the associated utility work (on a one-to-one basis) will have to come from the General Fund rather than utility reserves. Mr. McDaniel summarized the priority one projects as follows: water - $18.2 million; wastewater - $114.8 million; and gas - $1.4 million. He also discussed the impact to an average utility customer of Option A (3% rate increase) in the first year. Using the community average of 7,000 gallons of water and 3 mcf of gas (with an estimated 3% increase in the raw water charge), the current bill would be $92.71 and the new bill would be $94.49, a $1.78 increase (or 1.92%). The impact to an average customer under Option B would be an increase to $95.03 (or 2.51%). Responding to Council Member Chesney, Ms. Valerie Gray, Stormwater Superintendent, said staff has identified 39 projects for a total cost of $66 million. She said staff is proceeding with the stormwater master plan and will prioritize the projects after those results are evaluated. Mr. Chesney said there are multiple street and stormwater projects that need to be constructed and he asked what other communities are doing to address the problem. Assistant City Manager Ron Massey said a survey was conducted of other cities and, for example, Houston is considering a $4 per month charge on properties to fund stormwater projects related to last year's extensive flooding there. Minutes - Regular Council Meeting April 30, 2002 - Page 11 In reply to other questions from Mr. Chesney, Mr. Garcia said part of the problem is that the city has not passed on the cost of an adequate stormwater drainage system to developers. He said their position is that they would not be able to build because the cost would be prohibitive. He added that all of the inner city or built-up neighborhoods that currently experience drainage problems are a result of homes being built in areas with inadequate drainage. As a result, constructing stormwater projects in those areas is very expensive. Mayor Neal said the lack of adequate stormwater systems is a huge issue in cities all over Texas. He said part of Corpus Christi's problem is that for years the stormwater costs have been included in the water rates, rather than dealing with the need for a stormwater utility, which is a politically controversial concept. Council Member Garrett said it would be very popular for the Council to say they will not increase the utility rates, but they are not helping the community by doing that because the need for improvements continues to exist. Mr. Garcia said that Corpus Christi's water rate is somewhat high compared to other cities because the stormwater costs are included, which is misleading. Council Member Scott complimented staff for what they have done so far to address current drainage problems and he said it is important to address future problems. He said the issue is how development proceeds, taking into account drainage needs as well as housing costs. Mr. Angel Escobar, Director of Engineering Services, said one of the first steps in the master plan will be the development of the design criteria manuel, including criteria pertaining to ditches. Mr. Scott said it is impossible to build streets that do not flood at some point. Responding to Council Member Kelly, Mr. Garcia said staff is recommending 5% rate increases. Mr. Kelly said that cutting out the stormwater projects is not a viable option. Mr. Escobar said staff is looking at private participation in constructing drainage ditches. In reply to other questions from Mr. Kelly, Ms. Gray said stormwater policies have not been finalized since the master plan is still underway. Mr. Kelly asked about acreage fees and Mr. McDaniel said they are also called impact fees and there is legislation addressing that concept. Additional discussion ensued. Mr. McDaniel said an increase in the rates today is more valuable than an increase later because of the compounding effect and the time value of money. In reply to Council Member Kinnison, Mr. McDaniel said the rate model contains a limited amount of "pay-as-you-go" projects in the gas portion. He said staff has tried to balance that payment method with debt service financing in the model. He also explained what projects can be constructed with 6% and 5% rate increases. Mr. Kinnison said this Council is dealing with problems that have resulted from deferred maintenance while recognizing the strain that utility rate increases places on citizens, particularly those on fixed and low incomes. Mayor Neal pointed out that the city has long-term water needs that the water rates have to finance, and he feels that the stormwater system should bear its own costs, either as a charge or as a separate utility. Mr. Kinnison said that putting the stormwater projects in a bond election gives the citizens an opportunity to vote for them while also changing the character of how they are funded. Ms. Gray said there are three types of drainage: the kind associated with development; with existing neighborhoods; and in conjunction with street projects (utility relocations). Minutes - Regular Council Meeting April 30, 2002 - Page 12 Mr. Garcia reiterated that in order to maintain the program staff outlined, they are recommending a 5% rate increase for next year, which will be part of the upcoming budget discussion. There was concurrence of the Council for staff to proceed in that direction. * * * * * * * * * * * * * The third presentation (Item 23) was the Bond Issue 2000 fourth quarterly report. Mr. Escobar noted that the report will be available on the city's web site. He said the total amount of projects awarded (including Items 24 and 25 on the day's agenda) is $15.5 million. In addition, about 13 park and recreation projects are scheduled to be completed by the end of May 2002. He then delineated the status of the projects in the following categories: Public Health and Safety, Park and Recreation, Public Facilities, and Streets. Mr. Escobar and Mr. Noe responded to Council members' questions about the public safety training facility, seawall repairs, specific street projects (including McArdle Road), and the new arena (which is scheduled to go out for bids in November 2002 and be completed by September 2004). Mayor Neal and Council members commended staff for their efforts, saying that this bond program has been very well managed and is proceeding expeditiously. ************ * Mayor Neal opened discussion on Item 24, seawall reconstruction project. There were no comments from the audience. Responding to Council Member Longoria, City Manager Garcia said the city is not in litigation with Fugro South Inc. but there is an issue they hope to resolve with them. City Attorney Bray said that generally the city has a policy to not contract with companies with which it is in litigation. City Secretary Chapa polled the Council for their votes as follows: 24.a. M2002-123 Motion authorizing the City Manager or his designee to execute a construction contract with Laughlin Environmental Inc. of Houston, Texas, in the amount of $6,127,099.50 for the seawall reconstruction project pilot program and Contract B-1. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 24.b. M2002-124 Motion authorizing the City Manager or his designee to execute an engineering materials testing and inspection contract with Fugro South Inc. of Corpus Christi, Texas, in an amount not to exceed $49,700 for the seawall reconstruction project pilot program and Contract B-1. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting April 30, 2002 - Page 13 24.c. M2002-125 Motion authorizing the City Manager or his designee to execute an engineering services Amendment No. 7 with Shiner Moseley and Associates Inc. of Corpus Christi, Texas, in an amount not to exceed $127,100 for additional construction inspection and management services for the seawall reconstruction project pilot program and Contract B-1. 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 25, resurfacing of Alameda Street. There were no comments from the audience. Council Member Garrett asked how many bids had been received for this project. Mr. Escobar said there were three bids and Bay Ltd. submitted the low bid, which was $99,000 below the engineer's estimate. City Secretary Chapa polled the Council for their votes: 25. M2002-126 Motion authorizing the City Manager or his designee to execute a construction contract with Bay Ltd. of Corpus Christi, Texas, in the amount of $1,296,999.70 for street resurfacing on Alameda Street from Parade Drive to Ennis Joslin Road. 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 26, financial policies. City Manager Garcia said these policies set the parameters for each budget year. Mr. McDaniel pointed out that Section 4 changes the fund balance level from 5% to 10%. He said that at the close of FY 2000-01, the General Fund unreserved fund balance was at 8.8% whereas two years before the balance was 2.7%. He added that staff still does not know the impact of the new accounting requirements but they will keep the Council informed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 26. RESOLUTION NO. 024863 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. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting April 30, 2002 - Page 14 Mayor Neal recessed the Council meeting for the annual meetings of the quasi -city corporations: Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation and Corpus Christi Industrial Development Corporation (Items 29, 30 and 31). * * * * * * * * * * * * * Upon reconvening, Mayor Neal called for petitions from the audience. Mr. David McBride, 3906 Pyle Dr., said the Council has been given misinformation about the issue of the public access studio at Time Warner Communications. He told the Council that there will continue to be such a studio, even if supporters have to seek assistance from foundations. He noted that he and Ms. Mary Beth Nelson have obtained several signatures in support of it. Mr. Rene Saenz, 6022 Sweet Gum St., said he will contact the American Civil Liberties Union regarding the public access studio to see if they have a case. He told the Council that they typically ignore the people who have put them in office. He said they will continue to criticize the Council and push a slate of people to run against them in the upcoming election. In addition, he said many people are considering a petition to call for all single -member Council districts. Council Member Chesney said he has asked Mr. Saenz to provide him with information about the public access studio and he has not yet done so. Mr. Chesney said he believes threats are inappropriate and unnecessary. Ms. Mary Beth Nelson, 2721 Erie Dr., asked if the Council is willing to meet with the public access proponents. Mayor Neal and other Council members said they could do so. Ms. Nelson said there are several precedents against shutting down the public access studios and, if that occurs, the city will face a civil liberties suit. She said that can be averted through discussion with the parties. Mr. Jose Marroquin, 2433 Allencrest, said that if the public access studio is closed, it will have the effect of shutting off the public access channel. He said State Rep. Jaime Capelo told him he supports the public access studio and he also signed a petition to that effect. Mr. Marroquin said the public has the right to know the truth and the Council should do what is right for the people. Mr. John Marez, 6925 SPID, said eight of the nine current Council members have appeared on his show ("South Texas Politics") and other shows originating from the public access studio. He said it would be very difficult to do that if he taped the show out of his living room. He said such programs are important in educating the community, particularly with live, phone-in debates. Mr. Roland Garza said he has utilized public access television, which is a necessary alternative to the controlled environment on the media channels. He said people are disenfranchised and uninformed about politics. Ms. Suzie Canales with Citizens for Environmental Justice said that public access is critical to get all of a story out. She distributed information to the Council about the high rates of birth defects in Nueces County. She questioned if the reason why the public access studio is being closed Minutes - Regular Council Meeting April 30, 2002 - Page 15 is because the Council does not want them to have a forum. Mr. J.E. O'Brien, 4130 Pompano, said the city now has a high-priced public relations person to get the city's message out to the public. He said most people who use the public access channel do not have access to high-priced consultants and personnel. He referred to the draft minutes of the April 4, 2002, Water/Shore Advisory Committee, saying that a statement in the minutes regarding public comment does not correspond with information provided to the Council by Mr. Noe. Mr. Jerome Bradford, 4805 Hamlett Dr., spoke in favor of maintaining the public access studio. He said that public debates are very important and he and the Council serve the people by providing them with information. Council Member Noyola asked how much the city pays to have the Council meeting televised on cable television. Mr. Garcia said the city does not pay anything. City Secretary Chapa said that originally all of the audio and video equipment in the Council Chambers was installed by TCI Cable but it was replaced using city funds and some funds from the franchise with ClearSource. Mr. Noyola said the public access proponents told him that Time Warner told them the Council can resolve this issue in their favor. However, he said he was told last week that the public access studio is part of Time Warner's facility and the city has nothing to do with it. Mr. Garcia replied that the public access channel is a requirement of the franchise agreement and that requirement has not changed --the channel will continue to be accessible to people who want their programs shown on it. He said he believes that Time Warner has indicated that the studio will no longer be provided. He reiterated that the city has nothing to do with that decision. Mr. Noyola asked how the public was originally granted permission to use the studio. City Attorney Bray said it was the result of an agreement in 1981, which expired in 2001. He said the city is using short-term extensions until negotiations for the new agreement are completed. Mr. Noyola said since many people work during the day, they use the public access studio in the evening for their live television shows. He urged staff to negotiate to keep the public access studio open. Council Member Colmenero said he is familiar with the regulated environment of the Federal Communications Commission and he said they need to consider how all four of the access channels (public, government, education, and religious) relate to access to the studio itself. He said it is possible a solution can be arrived at involving Del Mar College and Texas A&M University -Corpus Christi, which also has a studio. Mr. Colmenero also commented on the need to maintain decorum in the Council Chambers. He added that public access changed with the cable deregulation act. Council Member Kinnison requested information on the status of the franchise negotiations. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 27, marina operations and development project. City Manager Garcia said he will be leading the negotiating team as requested by several Council members. He also referred to the proposed stakeholders (page 270 of the agenda material), who will be used as a sounding board as they proceed through the negotiations. Deputy City Manager Noe said Minutes - Regular Council Meeting April 30, 2002 - Page 16 that almost all the groups requested to be involved in the process and received a presentation on the proposals. Mayor Neal said the Council has received requests from the Regional Transportation Authority, Planning Commission and the Committee for Persons with Disabilities to be part of the stakeholders group. Council Member Noyola said that the chairman of the Water/Shore Advisory Committee is listed as both a member of the negotiating team and the stakeholders group. There was consensus to remove the chairman from the negotiating team but retain him as a stakeholder. Mr. Noyola also suggested that the Corpus Christi Taxpayers' Association be added. Council Member Colmenero asked that the Corpus Christi Beach Association be included (specifically the Corpus Christi Beach Boardwalk Subcommittee). Council Member Longoria said that Plan Our Waterfront is not really an organized group and he questioned whether it should be included. City Secretary Chapa pointed out that Plan Our Waterfront had submitted an appointment of a campaign treasurer by a specific -purpose committee. Responding to Mr. Noyola, Mr. Noe said the regattas are organized by the Bay Yacht Club and the Corpus Christi Yacht Club and Judge Blackmon organizes the Sea Scouts. Council Member Kinnison expressed concern about the large size of the stakeholders group and he suggested that the four at -large appointments be eliminated. Council Member Chesney disagreed, saying that not everyone who is concerned about the community is a member of an organization. Council Member Scott suggested eliminating the business associations because their focus is on activities in their part of the community. Mr. Kinnison made a motion to eliminate the Westside, Northwest and Padre Island business associations from the stakeholders group; seconded by Mr. Longoria. The motion failed to pass by the following vote: Colmenero, Kinnison, Longoria, and Noyola voting "Aye"; Neal, Chesney, Garrett, Kelly, and Scott voting "No." Mr. Longoria made a motion to eliminate the four at -large positions. The motion was seconded and it passed by the following vote: Colmenero, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Neal, Chesney, Garrett, and Scott voting "No." Mr. Longoria made a motion, seconded by Mr. Garrett, to add the following organizations to the stakeholders group: Regional Transportation Authority, Planning Commission, Committee for Persons with Disabilities, Corpus Christi Taxpayers Association, Corpus Christi Beach Association, and Corpus Christi Association of Realtors. The motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal made a motion to allow him to appoint four at -large citizens to the stakeholders group; seconded by Mr. Scott. Mr. Noyola made a substitute motion to allow each Council member to appoint a citizen to the stakeholders group. Mr. Chesney said it is important to allow citizens to be part of the process. Mr. Kinnison said he does not want duplication in the stakeholders group. Mr. Noyola's substitute motion died for lack of a second. The Mayor's motion passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting April 30, 2002 - Page 17 There were no comments from the audience. Mr. Chapa polled the Council for their votes: 27. M2002-127 Motion authorizing the creation of an ad hoc committee to provide input to the City's team in negotiations with Landry's Restaurants Inc. on the development of the master plan for the City's marina operations and development project. The committee will be comprised from the following categories: Bay Yacht Club Corpus Christi Yacht Club Downtown Management District Corpus Christi Convention and Visitors Bureau Corpus Christi Regional Economic Development Corp. Corpus Christi Chamber of Commerce Hispanic Chamber of Commerce Black Chamber of Commerce Port of Corpus Christi Hotel, Motel, Condominium Association Coastal Bend Restaurant Association Water/Shore Advisory Committee Corpus Christi Regional Transportation Authority Planning Commission Corpus Christi Taxpayers' Association Committee for Persons with Disabilities Corpus Christi Association of Realtors Corpus Christi Beach Association Plan Our Waterfront (POW) Public At -Large (4 to be appointed by the Mayor) Westside Business Association Northwest Business Association Padre Island Business Association The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 28, legal services agreement with Fulbright & Jaworski. City Manager Garcia distributed to the Council background information about the firm, including the resumes of the partners who will be providing the services. He said during this process, staff heard concerns from both the Council and the public that the city provide a first-class negotiating team. He said that Fulbright & Jaworski is a national firm with extensive expertise in negotiating public/private partnerships and in representing area municipalities. He said staff is anticipating the negotiating costs to be about $75,000 for the Landry's contract and $25,000 for the South Wharf project being proposed by Mr. Leon Loeb. Minutes - Regular Council Meeting April 30, 2002 - Page 18 Council Member Garrett said there are about 800 attorneys in Corpus Christi and he asked if any of them were considered. Mr. Garcia replied that he does not think there is a local firm whose credentials and capabilities match the Fulbright & Jaworski firm. He said staff wanted a firm that had considerable experience in the area of large public/private partnerships. He said he believes a local firm would bring fewer resources and less experience than the firm staff is recommending. Mr. Garcia added that the city employs many local attorneys in several areas, including labor issues, personal liability, and contract issues. Council Member Chesney asked if staff had researched the qualifications of the local firms. Mr. Garcia said staff knows there are many local attorneys who negotiate real estate deals and they did not go through an RFP process. He reiterated that staff believes Fulbright & Jaworski is the best firm in this area to negotiate these large-scale projects. Council Member Kinnison said he did not think local firms have as much experience with public/private endeavors as Fulbright & Jaworski. Council Member Longoria said he thought staff had done enough due diligence for this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 28. M2002-128 Motion authorizing the City Manager or his designee, subject to the availability of funds, to execute a legal services agreement with Fulbright & Jaworski, LLP, to represent the City in its negotiations with Leon Loeb on the South Wharf Project and Landry's Restaurants Inc. on the City's marina operations and development project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the executive session (Item 32), pursuant to Texas Government Code Section 551.071, regarding City of Corpus Christi Project #3219, Nourishment of Corpus Christi Beach - 2001, with possible discussion and action related thereto in open session. He noted that Item 33 regarding Larry Young et al vs. City of Corpus Christi was withdrawn. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia thanked Mr. Jim Davis and the Maintenance staff for preparing the sixth floor conference room for the Council's joint meeting earlier in the day with the Corpus Christi Convention and Visitors Bureau. Mr. Garcia said the May 14th Council meeting (which will begin at 2 p.m.) will include the public hearing for the Consolidated Action Plan; presentations on financing options for stormwater improvements; solid waste services management plan; and the park and recreation summer programs The May 21st meeting will begin at 2 p.m. and the May 28th meeting will begin at noon with a joint meeting with the Corpus Christi Economic Development Corporation, followed by the regular meeting. Mayor Neal called for Council concerns and reports. Minutes - Regular Council Meeting April 30, 2002 - Page 19 Mr. Noyola asked about the status of the health department consolidation. Mr. Garcia said city staff tried several times to schedule a meeting of the interested parties but they were unsuccessful. As a result, staff is not anticipating receiving funds from the hospital district during the next fiscal year. He said that and other factors are leading to a challenging budget preparation process. Mr. Noyola also asked staff to check into the lighting situation at American Little League ball park. Mr. Kinnison announced a town hall meeting on Monday, May 13th at Villa of Corpus Christi South, 4834 Yorktown Boulevard. Mr. Scott asked about the Governor's desalination plan. Mr. Garcia said staff is sending a letter to the state and determining with whom they should meet about the issue. Mr. Scott also reported a hole in the pavement on Alameda Street. Mr. Escobar said it is not a problem with the pipes or the manhole and it has been corrected. Mr. Scott asked about the traffic lights on Ayers at the intersections of Tarlton and Blevins. Mr. Massey said those lights control traffic for two offset side streets. Mr. Garcia said staff will provide additional information. Mr. Scott also commented on the positive data provided by the Convention and Visitors Bureau and he suggested that the media be informed about the strength of the city's tourism. He referred to activities in San Antonio related to the PGA, and Mr. Garcia said that issue was placed on that city's ballot. Mr. Kelly commended Mr. Massey, Mr. Escobar and staff for answering questions from citizens about the Omaha Street improvements project during a recent meeting. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:08 p.m. on April 30, 2002. * * * * * * * * * * * * *