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HomeMy WebLinkAboutMinutes City Council - 08/27/2002I 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 August 27, 2002, which were approved by the City Council on September 9, 2002. WITNESSETH MY HAND AND SEAL, this 9th day of September 2002. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 27, 2002 - 1:25 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney Javier D. Colmenero* Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attomey James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Mark Haas, Holy Trinity Orthodox Church, 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 August 20, 2002. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Conununity Youth Development (78415) Steering Committee Dick Leonard (Reappointed) Kimberly Rhodes (Reinstated) Sharon Williams (Reappointed) Emmelinda Figueroa Verla Varino (Reappointed) ************* Mayor Neal called for consideration of the consent agenda (Items 3-13). Council members requested that Items 7, 9, 10 and 12 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following passed: 3. M2002-270 Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Engineers and Contractors of Corpus Christi, Texas, in the amount of $336,800 for the Broadway Wastewater Treatment Plant standard rate trickling filter arms replacement, structural and handrail repairs. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Minutes - Regular Council Meeting August 27, 2002 - Page 2 Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 4. M2002-271 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Virginia Gonzalez, in the amount of $58,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs, price differential payments and incidental expenses for replacement housing, for the purchase of fee simple property rights for Parcel 10, being all of Lot 13, Block 5, Mount Vernon Subdivision, with street address of 4902 Prinston Drive, necessary for the McArdle Road Street Improvement Project, Phase 3, Project No. 5146 and for other municipal purposes. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 5.a. M2002-272 Motion authorizing the City Manager or his designee to accept a grant offer from the U.S. Environmental Protection Agency for Vulnerability Assessments and related security improvements for the City's Water Utilities System. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Cohnenero absent. 5.b. ORDINANCE NO. 024984 Ordinance appropriating grant proceeds in the amount of $115,000 from the U.S. Environmental Protection Agency into the No. 1050 Federal/State Grants Fund for a Vulnerability Assessment of the City's Water System. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 5.c. M2002-273 Motion authorizing the City Manager or his designee to execute Amendment No. 16 in the amount of $115,000 to the engineering services contract with Freese and Nichols of Austin, Texas, for a Vulnerability Assessment of the City's Water System. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 6. RESOLUTION NO. 024985 Resolution authorizing the City Manager or his designee to execute a Landscaping easement Minutes - Regular Council Meeting August 27, 2002 - Page 3 with Texas Television, Inc., permitting Texas Television, Inc. to landscape and maintain landscaping at their expense, on a 20 -foot wide strip of land located on the east side of city property described as the Kinney Street Pumping Plant located at the comer of Kinney Street and West Shoreline Boulevard. The foregoing resolution passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 8.a. M2002-275 Motion authorizing the City Manager or his designee to accept a grant in the amount of $121,490 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the continued operation of the Interlibrary Loan Referral Center located at the Corpus Christi Public Library. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 8.b. ORDINANCE NO. 024987 Ordinance appropriating $121,490 from the Texas State and Archives Commission in the No. 1050 Federal/State Grants Fund for the continued operation of the Interlibrary Loan Referral Center located at the Corpus Christi Public Library. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 11.a. M2002-278 Motion authorizing the City Manager or his designee to execute Attachment No. 01 and the attached general provisions to Contract No. 7460005741A-2003 with the Texas Department of Health for a renewal grant in the amount of $22,500 for laboratory analysis of bay water samples. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 11.b. ORDINANCE NO. 024990 Ordinance appropriating $22,500 in the No. 1050 Federal/State Grants Fund from the Texas Department of Health for bay water sample laboratory analysis. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. Minutes - Regular Council Meeting August 27, 2002 - Page 4 13. ORDINANCE NO. 024991 Ordinance amending the City Code of Ordinance, Chapter 36, by adding new Section 36-10, Animals in Cole Park, prohibiting a person from allowing an animal within their custody or control to enter the KidsPlace Playground located within Cole Park; providing for penalties; and providing for an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, South Texas Library System grant. The Mayor asked Mr. Herb Canales, Director of Libraries, to explain this item. Mr. Canales said that Corpus Christi serves as a major resource center along with nine other major libraries in the state. He said the city has to go through an annual recertification process and, upon approval by the state, is then able to provide library services to a 26 -county area. Mayor Neal asked how this year's funding compares to previous years. Mr. Canales said it is basically the same amount. The Mayor commended Mr. Canales for his leadership. City Secretary Chapa polled the Council for their votes: 7.a. M2002-274 Motion authorizing the City Manager or his designee to accept a grant in the amount of $753,411 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the continued operation of the South Texas Library System located at the Corpus Christi Public Library. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 7.b. ORDINANCE NO. 024986 Ordinance appropriating $753,411 from the Texas State and Archives Commission in the No. 1050 Federal/State Grants Fund for the continued operation of the South Texas Library System located at the Corpus Christi Public Library. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, interconnection of cable operators for public, education and government access channels. Responding to Council Member Noyola, City Manager Garcia said that during previous discussions about the public access issue, there were concerns that the users would have to provide two tapes of their programs (one each for Time Warner and Grande Minutes - Regular Council Meeting August 27, 2002 - Page 5 Communications). However, the use of the interconnection means that users are only required to provide one tape of their programs, which are then shared by the two cable companies. Council Member Scott said he thought this was advantageous for all involved. City Secretary Chapa polled the Council for their votes as follows: 9. M2002-276 Motion approving the interconnection between Texas Cable Partners L.P. (Time Warner) and Grande Communications, Inc. (formerly ClearSource) to cablecast the public, education and government access channels. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, snacks for Latchkey sites and recreation centers. He said he wanted to discuss this item because many times the city gets little credit for working with the Corpus Christi Independent School District and others to provide these se rvices. Mr. Dan Whitworth, Director of Park and Recreation, said that over the last several years the city has been able to obtain funding for its summer food program through the federal Child and Adult Care Food Program. This is an expansion of that program for use in the city's 28 Latchkey and five recreation sites. Mr. Whitworth said that Ms. Maureen Mahoney has been a good representative on the state board for the city and this program. City Secretary Chapa polled the Council for their votes: 10.a. M2002-277 Motion to accept a grant from the Texas Department of Human Services in the amount of $283,084 for the Child and Adult Care Food Program (CACFP) to provide after school snacks to youth enrolled in after school enrichment programs for FY2002-2003. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. 10.b. ORDINANCE NO. 024988 Ordinance appropriating a grant in the amount of $283,084 from the Texas Department of Human Services to operate the Child and Adult Care Food Program in the No.1050 Federal/State Grants Fund providing for after school supplements (snacks) for youth enrolled in approved after school enrichment programs for FY2002-2003. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. Minutes - Regular Council Meeting August 27, 2002 - Page 6 10.c. RESOLUTION NO. 024989 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for the After School Snacks - Child and Adult Care Food Program. The foregoing resolution passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor N eal o pened d iscussion o n I tem 12, j oint e lection a greement. C ouncil M ember Kinnison asked about the methodology used to allocate costs between the city and the county for this type of an election. City Secretary Chapa replied that it is a proration system based on the actual precincts used by the city jointly with the county and Del Mar College. He said the city basically pays for one-third of the costs of the use of those precincts. The city also pays some costs associated with the election publication and a 10% administrative fee. In addition, the city pays for all of the city's ballots. He said the city's total share will be slightly over $100,000. Mr. Kinnison asked if the city has any input on the selection of the early polling places. Mr. Chapa said the county has the authority to select the polling places both for early voting and election day. He said the city can ask them to consider certain mobile sites but it is up to them. He added that 50% of the election costs will be paid out of the General Fund through the City Secretary's Office budget and the other 50% will come out of the Crime Control District budget. He said City Hall will be a permanent early voting site for the November 2002 election. Mr. Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 024983 Resolution approving the Joint Election Agreement between the City of Corpus Christi and Nueces County. The foregoing resolution passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal recessed the regular meeting to read the day's proclamations and to swear in the newly appointed board and committee members. He then reconvened the meeting and referred to the presentations on the day's agenda. The first presentation (Item 14) was regarding the work of the Juvenile Enforcement Team (JET). Police Commander Jesse Garcia explained that the JET team is supervised by himself, Capt. Ken Starrs and Lt. William Breedlove. He said the unit focuses mostly on juvenile and gang -related criminal activity. He showed a video of the JET team's responsibilities and noted that the Crime Minutes - Regular Council Meeting August 27, 2002 - Page 7 Control and Prevention District (CCD) provides 10 officers for the JET team. Cmdr. Garcia said the team's responsibilities include: safe streets task force; Terra Genesis; street gang activity; gang list and TXGang data base; Texas Violent Gang Task Force (statewide and regional levels); tattoo removal program; and graffiti investigation. He said the JET team's role is to take back the streets. He said they advocate a zero -tolerance approach to all gang -related activity, starting with graffiti and working up. He also discussed the JET team's efforts to stop prison gang activity and he noted that communication is key to that effort. The Police C ommander said the CCD -funded officers are utilized on the JET team as follows: special saturation deployments; intelligence gathering and major crime investigations; apprehension of violent gang members; and front line defense. He said the results of their enforcement efforts for 1998-2002 are 2,534 misdemeanor arrests; 1,309 felony arrests; and 317 weapons seized. Cmdr. Garcia said that without the 10 CCD -funded officers, the JET team would be restricted to gathering intelligence with no resources to actively pursue leads and arrest suspects. Mayor Neal thanked Cmdr. Garcia and all those involved with the JET team, including Police Chief Pete Alvarez and Cmdr. Bryan Smith, CCD coordinator. In response to Council Member Noyola, Cmdr. Garcia said it is important to continue to monitor gang activity and to swiftly prosecute those who participate in it. He said it will never be completely eradicated but every effort needs to be made to control it. Mr. Noyola asked if an ordinance can be enacted to prevent known gang members from gathering together. Cmdr. Garcia said there are specific statutes under which gang members can be arrested but not just for fraternizing. City Attorney Bray agreed, saying there are serious constitutional limitations involved. City Manager Garcia said the JET team has been instrumental in reducing the rampant gang activity that occurred three years ago. He said Corpus Christi is a safe community to live in and the JET team and the Crime Control District have been key in providing that level of security. Council Member Garrett said the JET team has had a huge effect on the gang activity in Corpus Christi and he asked how the CCD has benefitted the JET team other than providing funding for the officers. Cmdr. Garcia said the CCD purchased five vehicles for the team. Mr. Garrett also asked how the unit works with CCISD. Cmdr. Garcia said the police unit works closely with the school district and offers assistance whenever needed. Council Member Scott said the JET team and the Crime Control District have made a significant difference in the community. Council Member Kelly said they need to emphasize how bad the crime situation could or would be without the officers' efforts. * * * * * * * * * * * * * The second presentation (Item 15) was made by Ms. Daiquiri Richard, executive director of the Beautify Corpus Christi Association (BCCA). She announced that Corpus Christi is the recipient of the 2002 Keep Texas Beautiful Governor's Community Achievement Award. She explained that the city has received $265,000 for landscaping projects along state -maintained roadways. The awards Minutes - Regular Council Meeting August 27, 2002 - Page 8 have been sponsored by Keep Texas Beautiful since 1969 and funded by the Texas Department of Transportation (TXDOT) since 1986. Ms. Richard said that Corpus Christi received the award for its community activities, such as education efforts (teacher and student training) and various clean-up events (trash bag distributions during parades and seven community clean-ups). She said the events would not be possible without the participation of several city departments, including Solid Waste, Stormwater, Office of Environmental Programs and the Mayor's Office. She then showed a brief video of the BCCA's efforts. Ms. Richard said the association will be collaborating with TXDOT on the landscaping projects and, as a result, was able to pool the grant award with other resources for a total of $900,000 worth of projects for Corpus Christi. She then reviewed the proposed landscaping sites and responded to Council members' questions. The Council also commended Ms. Richard and city staff for their ongoing clean-up efforts. * * * * * * * * * * * * * The third presentation (Item 16) was regarding the Park and Recreation Department's Latchkey program. Mr. Whitworth said the program, which is offered in three school districts, touches the lives of almost 2,000 young people every year. He said that Latchkey provides recreational child care that develops a participant's self-esteem and positive self-image. The program's goals are to offer a safe, supervised environment and quality recreational experiences that enhance each child's leisure skills both today and in the future. Mr. Whitworth explained that all 33 Latchkey sites are located at elementary campuses and that a sign -in and sign -out procedure is enforced. He said all staff members are certified in standard first aid and infant, child and adult CPR; in addition, the staff -to -child ratio is one to 20. Mr. Whitworth said the monthly cost for the first child in Latchkey is $80 with $65 for the second child. He added that three scholarship programs are available. He discussed some of the structured recreation activities (including drama, art, games and special events) and noted that the program is licensed by the Department of Protective and Regulatory Services. He said the Latchkey budget for FY 2002-03 is $1.6 million, which is self-funded through participant fees. Mr. Whitworth then recognized the Latchkey staff who were present at the meeting. Mayor Neal agreed that the program is every effective and Council Member Scott said his children benefitted from their participation in Latchkey. Mr. Whitworth said the staff are always looking for ways to improve the Latchkey program. * * * * * * * * * * * * The fourth presentation (Item 17) was made by Mr. Jeffrey Kaplan, Director of Solid Waste Services, regarding the landfill expansion plans. He explained that on May 21, 2002, the Council heard a presentation by Mr. Tim Bratton of Gershman, Brickner and Bratton Inc. (GBB) aimed at assisting the city with overall landfill development operations. The plan included three scenarios: expansion of the J.C. Elliott Landfill to the existing adjacent 92 acres; construction and operation of the Cefe Valenzuela Landfill by the city; and construction and operation of the Cefe Valenzuela Minutes - Regular Council Meeting August 27, 2002 - Page 9 Landfill by a private contractor. He said staff has prepared a draft of the request for proposals (RFP) for the Valenzuela Landfill and it is currently being reviewed by the city's Legal and Engineering departments. With regard to the Elliott Landfill, he said staff has met with the city's engineering consultants, Texas Natural Resource Conservation Commission (TNRCC), U.S. Navy, and the Federal Aviation Administration to resolve any outstanding issues. He said they have received estimates for the permitting, potential engineering and land acquisition involved in that process. He said staff estimates that the permit process could be completed in mid -2005. Mr. Kaplan said the RFP for the Valenzuela Landfill, which is based on a public-private partnership, will include the following elements: experienced developer, operator and supplier of municipal solid waste (MSW); credit for supply of MSW and industrial waste; methodology for waste acceptance; welcomes additional proposals for existing landfill operations and expansions; includes consideration of transfer station at Elliott Landfill; and encourages creative cost, cash flow, and pricing proposals along with greater waste volumes. He said the cost for staff to prepare the RFP is negligible and the estimated cost for the city to construct the Valenzuela Landfill is $13 million. Mr. Kaplan also discussed the cost estimates for the Elliott Landfill expansion: permitting, $1.2 m illion t o $ 1.5 million; land acquisition, $ 500,000; 1 egal c onsultation, $ 750,000 t o $ 1.5 million; and construction, $3 million, for a total of $5.45 million to $6.5 million The Solid Waste Services Director said the current action plan is to release the Valenzuela Landfill RFP on September 6, 2002 with responses due back to staff by October 11, 2002. Staff will seek approval to negotiate with the successful bidder from October 28 -December 1 with a contract to the Council for final approval in late December 2002 or early January 2003. He said staff is also finalizing the investigation of the Elliott Landfill expansion in order to compare it to the proposals submitted in the RFP process by the end of the year. He said both projects are scheduled to meet the time line for the existing capacity of the Elliott Landfill in 2005. *Council Member Colmenero arrived at the meeting. Responding to Council Member Kinnison, Mr. Kaplan said the consultant has given staff a great deal of material and he will be available on an as -needed basis during the RFP process. He said there is the potential of constructing three to five additional cells adjacent to the Elliott Landfill, which would extend its life to 2015 to 2020. Mr. Kinnison asked if staff intends to recommend constructing both the Elliott expansion and the new Valenzuela Landfill. Mr. Kaplan replied that at some point in time the city will need the Valenzuela Landfill. The issues that need to be addressed in the next three months are the proposals that will be made and possible difficulties that may be encountered during the permitting process. City Manager Garcia commented that Mr. Kaplan and his staff have done an outstanding job of getting new contracts that bring in a lot more waste than normal into the landfill, which in turn reduces the life of the cells. Mr. Kinnison questioned why businesses would want to respond to the Valenzuela RFP when that landfill will be delayed for years. Minutes - Regular Council Meeting August 27, 2002 - Page 10 Mr. Kaplan replied that several businesses have indicated that they are interested in the expansion of the Elliott Landfill in concert with the development of the Valenzuela Landfill. In addition, it is in the city's best interest to look at both options and determine how the city can utilize the time line and cost factors before the end of the year. Mr. Kinnison asked if staff has factored in another landfill source and Mr. Kaplan said they have discussed several issues, including the cost of bringing waste to that site (possibly $250,000 in additional operating expenses) and liabilities associated with acquiring the site. He said other considerations are the use of a transfer station and the issue of assets. Mr. Kinnison expressed concern about proceeding with both the Elliott and Valenzuela landfills with regard to dual capacity. Mr. Garcia said there may be an advantage to building the necessary infrastructure at the Valenzuela Landfill (roads, monitoring systems, etc.) well in advance of the first cell being constructed so the resource will be readily available when it is necessary. Mr. Kaplan pointed out that an expansion permit is not as complicated as a new landfill permit. However, there are surrounding businesses and neighborhoods that have to be considered in the expansion of the Elliott Landfill and if the permit is denied, the city should not risk not having a place to deposit its waste when Elliott reaches its capacity. Council Member Scott asked how many tons of waste are currently processed at the Elliott Landfill. Mr. Kaplan said that at the last meeting the Council approved several amendments to the disposal contracts that staff hopes will bring another 60,000 tons of waste. He said the landfill's historical volume is about 480,000 tons per year. He said the consultant had said 500,000 tons was a viable amount and the city already has 80% of that volume. He said staff has taken an aggressive approach to securing waste disposal contracts, which he explained. Responding to another question from Mr. Scott, Mr. Kaplan said the resulting rates for the new landfill will depend on how the project is financed. He said the purpose of the RFP is to see whether another entity can operate the landfill in a more cost-efficient manner than the city. Mr. Scott e xpressed c oncern a bout t he c osts a ssociated with having t o t ravel farther t o g et t o t he Valenzuela Landfill. He questioned whether the city should reduce the tonnage going to the Elliott Landfill by utilizing an existing, privately owned landfill. When considering the Elliott, Valenzuela and El Centro (located near Robstown) landfills, Mr. Kaplan said that the Elliott Landfill is central to the current and projected flows of waste for the next 15 years. He said the key to keeping the costs down is the use of a transfer station at the Elliott Landfill He said that large volumes of waste could be transported to the Valenzuela Landfill, which will be a 24-hour facility geared to that type of operation rather than the current larger, "open -face" Elliott Landfill where many smaller haulers take their waste. Mr. Kaplan further discussed the impact of other communities' landfills, which are basically profit centers. Mr. Scott requested additional information about the costs associated with a transfer station. Mr. Garcia said staff needs to know what a private company would charge to operate the landfill and once staff obtains all the necessary information, they can make a recommendation to the Council. In reply to another question from Mr. Scott, Assistant City Manager Ron Massey briefly described the waste hauler contract amendments that were approved. Mayor Neal said that Corpus Minutes - Regular Council Meeting August 27, 2002 - Page 11 Christi is in a unique position because it has an option about what to do with its waste 25 years from now. He said the Council is poised to make some important decisions if city staff can bring back the critical information, including timing issues. Mr. Kaplan said that when he came to Corpus Christi about a year ago, the city was in a severe waste crisis which has since been turned around. He said the goal is to get close to or equal to the city's historic tonnage, additional discussion ensued. Council Member Noyola asked about the size of the Valenzuela Landfill. Mr. Kaplan replied that it has the potential of lasting the city 100 years or longer. He said there are at least 500 usable acres with a buffer zone around it. He said the cost to begin to open the first cell is about $13 million (which includes infrastructure costs). He said the idea is to spread those costs over time so the operating costs do not increase. Mr. Lawrence Mikolajczyk, Assistant Director of Solid Waste Services, said the Cefe Valenzuela Site Selection Committee was created in 1992 and they made their recommendations in 1994. He said staff proceeded with the permit application, which was completed in 1999, the same year the property was purchased. Responding to Council Member Colmenero, Mr. Kaplan reviewed the elements of the request for proposals. Mr. Colmenero asked staff to further explore the automation issue and the buffer zone that will be created around the Valenzuela Landfill. Mr. Kaplan agreed, adding that scale house operation is one key factor in automation. Council Member Longoria referred to the waste hauler contracts. Mr. Kaplan said there was a 50/50 mix on the Lost volume of waste between inside and outside city limits haulers. He said the city now sits in a very competitive position to haulers in this area, particularly compared to a year ago. He said the city will try to maintain that edge. Mr. Longoria said there is a cost involved with the transfer station. Mr. Kaplan said that a known factor is the more volume a company gets, the more the costs are kept down. * * * * * * * * * * * * * The fifth presentation (Item 18) was the quarterly update on the reengineering effort. Mr. Massey said the reengineering "theme" is effectiveness (doing the right things), efficiency (with as few resources as practical) and economy (at the lowest reasonable total cost). And the reengineering vision is optimization, which consists of organization, practices and technology. He said one of the tenets of reengineering is to flatten the organization's structure by incorporating self-directed, multi - skilled workers (teams). Mr. Massey said to date staff has reengineered the plant operations in the Water and Wastewater departments and they are in the process of developing a multi -skilled workforce. To do so, they have coordinated with the Waters Group and the Human Resources Department, identified broadband skill sets, developed a training/certification program, and are in the process of cross - training. Mr. Massey then reviewed the impact on overtime costs in the water production side. He said there is a savings of $3,500 per pay period or $175,000 per year. Minutes - Regular Council Meeting August 27, 2002 - Page 12 Mr. Massey said another important element of reengineering is the continuing improvement of work practices. He said staff set city standards for work priority, status, type, asset condition, etc. In addition, they built performance measures into the work management system and developed detailed 30 -day work plans and schedules. He said they also started continuous improvement activities (job plan refinement). He also discussed technology upgrades that are underway, including developing a link between the work management system (Maximo), GIS, financial system, and SCADA. He said eventually Maximo will be linked to a customer call center. The Assistant City Manager said the plan is to complete the reengineering of the distribution and collection systems of the Water and Wastewater departments and then move on to Stormwater, Gas and Solid Waste. He said next month staff will bring a recommendation to the Council to continue to use EMA consultants in the reengineering effort. Council Member Garrett said that initially he had questions about the reengineering program but now he appreciates staff's efforts. Mayor Neal said the city has come a long way in that regard. * * * * * * * * * * * * * The sixth presentation (incorporating Items 19, 20, 21 and 22) related to the city's water supply (including the status of the Wesley Seale Dam), water rights and the Rincon Bayou project. Dr. Ron Waters, an associate with Freese & Nichols Inc., discussed the Wesley Seale Dam repairs that were completed in March 2001, saying that since then the dam has been closely monitored. He said the real test came in July 2002 when a huge rain event occurred and all 27 of the dam's flood gates had to be opened for the first time in years. Dr. Waters showed pictures of that event, when approximately 50,000 cubic feet per second went through the dam's south spillway. (He said the north spillway does not operate except for hurricane -type floods.) Dr. Waters concluded that the dam passed with flying colors. Mayor Neal pointed out that the monitors allow the city to continue to gauge the clam's performance. Dr. Waters agreed, saying the money was well spent. The second element of the water presentation was made by Mr. Max Castafieda, Water Resources Management Advisor. He discussed the demand projection of the Coastal Bend Regional Water Plan (CBRWP) in the areas of steam electric, manufacturing, municipal and combined. He discussed the sources and methodologies used by the CBRWP versus those used by the city. He also reviewed the 2002 demand using both a growth rate model and a linear regression model. City Manager Garcia pointed out that for years the state has used the concept of "firm yield" to calculate the amount of water the city has available. However, firm yield assumes the city will draw down every drop of water in its reservoirs, which will never occur. He said a more accurate term is "safe yield," which assumes a four- to six-month supply of water in the event of a severe drought. Mr. Castafieda said the total reservoir supply amount (2002) under firm yield is 229,500 acre-feet and 195,432 acre-feet under safe yield. He said due to sedimentation in the reservoirs, the supply is projected to decrease in 2060 to 220,517 acre-feet under firm yield and to 188,120 acre-feet under safe yield. Minutes - Regular Council Meeting August 27, 2002 - Page 13 Mr. Castaneda said staff examined where demand and supply intersect, which depends on whether a firm yield or safe yield assumption is used. He said that with a firm yield/higher demand assumption, demand overcomes supply in 2036 and the same occurs in 2047 with a lower demand. Under a safe yield/higher demand assumption, demand overcomes supply in 2025 and it occurs in 2030 under a lower demand assumption. He said those projections also assume there will be no other sources of water, such as Garwood or desalination. Mr. Castaneda said the future actions include: continue to use multiple projection methodologies; compare the city's projections to the Texas Water Development Board's and other available projections; update projections on a one-year planning cycle with minimum effort; optimize existing water supply sources; and continue to develop future water supply sources. Mayor Neal asked if the city effectively refined its water management plan since the Lake Texana water began to be used. Mr. Ed Garafia, Water Superintendent, replied affirmatively. Mr. Garcia said that from a strategic perspective, there is an argument being made statewide that Corpus Christi has solved its water problems for the next 60 years and may even have excess capacity. However, he said these figures show—in a very straight -forward way—that the city has a relatively secure water supply for the next 20 years only. He said it takes 10 to 20 years to completely develop a new water supply, which is why Corpus Christi needs to start planning now. The third element of the water presentation was regarding the water rights p ermit a nd freshwater inflows. Mr. Massey said that Special Condition 5(b) of the Choke Canyon Reservoir Water Rights Permit #3358 basically states that once the reservoir fills, the bays and estuaries have to receive 151,000 acre-feet annually of freshwater inflows. He also reviewed the key dates and events for the inflow requirements over the years. Mr. Massey said the current agreed order includes the following elements: applies 54,000 acre-feet per annum and 500 acre-feet per month credit for return flows; replaces the required monthly release with a monthly target set as the amount of reservoir system inflow or estuary inflow target, whichever is lowest; monthly targets are reduced when salinity is in the desirable range; and credits for excess pass-throughs in one month are caned to the next month. He added that the Nueces Estuary Advisory Committee is charged with assisting the commission in monitoring the implementation of the agreed order and making recommendations for changes as needed. Mr. Massey also reviewed how changes to the agreed order have benefitted the city. Mr. Scott asked if the Garwood water supply is included in staff's supply and demand projections and Mr. Massey said it is not. Mr. Kinnison said that would mean the city has additional time to pursue the Garwood water. Mr. Garcia said the city began the process of acquiring the Garwood water rights about 10 years ago and although the city now has them, they do not yet have a way of using them. Mr. Massey pointed out that the difference between Lake Texana and Garwood is that Lake Texana already had a reservoir in existence; however, with Garwood there will be environmental and permitting issues involved. Responding to another question from Mr. Kinnison, Mr. Garcia said if the city is going to need the Garwood water anytime within the next five to 10 years, they need to continue the process Minutes - Regular Council Meeting August 27, 2002 - Page 14 in order for that to happen. Mr. Kinnison said he agrees with continuing the process but he does not expect to see the capital costs for the construction of the Garwood pipeline anytime in the near future. Mr. Garcia said that funds for design and right-of-way acquisition will need to be appropriated in the future. He added that with reasonable planning, Corpus Christi can always stay ahead of when the demand and supply lines intersect. Council Member Kelly said the city needs to be very careful not to do anything that would compromise its position in the state legislature with regard to its water rights because eventually they will be needed. Mayor Neal said the longer the city waits, the more expensive the projects will be. The fourth element of the water presentation was an update on the Rincon Bayou project. Mr. Massey showed a map of the Nueces Delta and Estuary generally and the Rincon Bayou specifically. He noted that periodic flood events which inundate the delta are important to estuary productivity; however, the construction of the reservoirs in the watershed has reduced the frequency and magnitude of those flood events. Mr. Massey said the objectives of the Rincon Bayou project were to increase the opportunity for freshwater inflow into the Upper Nueces River Delta and to monitor the resulting changes in estuary productivity. To do that, the Bureau of Reclamation overflow channel was reconstructed and a pipeline will be built with completion scheduled in June 2003. It is proposed to be located from a point upstream of the Calallen Saltwater Barrier Dam to a point downstream of the Nueces River Overflow Channel. He said the advantage is that the water will not mix with any saltwater until it joins the estuary. He then reviewed how the naturally occurring flood events were drastically reduced once the city's two reservoirs were built. Reopening the channel allowed for freshwater inflow flooding events to reoccur. Mayor Neal thanked staff for the comprehensive water presentation. He then called for a brief recess. Upon reconvening, he noted that Item 23, a discussion regarding the election date for pro- posed charter amendments, was being withdrawn. s*********ssr Mayor Neal opened discussion on Item 24, taxes to be levied. He called for public comment. Mr. J.E. O'Brien, 4130 P ompano, s aid h e m et with M s. Lee Ann D umbauld, Finance Director, regarding the question he had raised at the last meeting regarding additional revenue sources. He said he thinks the Truth in Taxation laws do not include property taxes. He said the city's budget includes an interfund transfer from the General Fund of $2.5 million to pay some of the debt. He said he intends to look into whether the other revenues includes property taxes and, if so, should that not be part of the published calculation. He urged the Council to consider adopting the effective tax rate rather than the proposed rate. Ms. Dumbauld said that in the detail for that particular fund, there is a long list of all of the funds and items that contribute to it, including the General Fund contribution. She said it has to do with the city's cost -allocation plan. Minutes - Regular Council Meeting August 27, 2002 - Page 15 City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 024992 Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2002, and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, approving the 2002 tax levy. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. M2002-279 Motion approving the 2002 Tax Levy of $54,282,374 based upon the adopted tax rate of $.6441745 per $100 valuation in accordance with Section 26.09(e) of the Texas Property Tax Code. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 26, golf study. He called for public comment. Mr. Bill Kopecky, 3609 Topeka, said his comment was not on this specific contract but rather that staff is calling it a professional services contract. He said there is a section of the Texas Government Code (Chapter 2254) which is very specific about what can be called a professional services contract; i.e., it has to deal with the profession that is registered in the state of Texas. He said he did not know how this company was registered. City Attorney Bray said there are other professional services beyond the statute, which just regulates those particular professions. He said this contract is clearly for professional services. Council Member Kelly said he understands that staff is recommending changing the second tier of the contract which would have called for National Golf Foundation Consulting Inc. (NGF) to explore locations for a third golf course. Instead, the company will be asked to suggest improvements to the city's existing golf courses. City Manager Garcia said the original contract called for the company to conduct a feasibility study, which resulted in the report recently given to the Council, and then to give more detail on the location and layout of a third course. However, the consultant recommended not proceeding with a third course and instead upgrading the existing facilities. Consequently, the second portion of the contract is no longer relevant and staff is recommending modifying it to change the scope of services. Minutes - Regular Council Meeting August 27, 2002 - Page 16 Mr. Kelly asked if the modified services have already been paid for. Mr. Garcia said the city contracted for the total amount so it is budgeted but NGF has only been paid $15,000 out of the $23,000 contracted. He said should the Council decide not to use the company's services, the city would negotiate a termination of the contract. However, staff feels the services would be useful in designing the improvements needed at the courses. Mr. Kelly said he thought the consultant's information was outdated and inaccurate and he did not talk to all the stakeholders interested in a third golf course. As a result, Mr. Kelly saidhe has misgivings about paying the consultant for additional services and he does not know why city staff cannot provide those services. Mr. Garcia said they could use city staff; however, NGF has national experience in designing golf courses. He said in the past staff have attempted to make additions to the golf courses that have not been successful, including a driving range at the Oso golf course. Council Member Scott said he is hesitant to do any more business with NGF, adding that he does not think they believe in the city's future. Council Member Noyola said he does not want to spend any more money studying this issue. He said he told staff a long time ago that the existing courses need to be improved, which is exactly what the consultant said. In addition, staff needs to communicate with the golfers themselves and the members of the Greens Committee since they are the ones who play the courses. He said he does not support this proposal. Council Member Kinnison said they are talking about spending $8,000 to get this issue off dead center where it has been for the last three years. He said that while some people may argue with the consultant's recommendations, his data was conservative. He said the consultant admitted that even if some of the data was different, it did not change his assessment that a third course will not be economically viable. Council Member Colmenero said that while he was not pleased with the consultant's report, he believes the Park and Recreation Department needs good tools to improve the golf courses. Council Member Chesney said he also did not like the message but he did not find as much fault as others did. He said he thinks they need to move forward rather than starting over. Responding to Mr. Chesney, Mr. Whitworth said staff is proposing having the consultants evaluate both courses and provide a prioritized, costed estimate of improvements that are needed while minimizing any adverse impact on revenue flow at both courses while the improvements are being made. Mr. Scott asked when the work is supposed to be completed. Mr. Whitworth said the contract allows for 30 days, which could get extended if they have to go back through the Greens Committee. He said NGF will have someone on site during this process. Council Member Longoria asked if an additional nine holes will be examined and Mr. Whitworth replied affirmatively. He added that this contract does not call for design and development of any of the improvements. City Secretary Chapa polled the Council for their votes: 26.a. M2002-280 Motion authorizing the execution of an amendment by the City Manager or his designee to Section 2 (Term) of the Professional Services Agreement between the City of Corpus Christi Minutes - Regular Council Meeting August 27, 2002 - Page 17 and National Golf Foundation Consulting, Inc., of Jupiter, Florida. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Scott voting "Aye"; Kelly and Noyola voting "No." 26.b. M2002-281 Motion authorizing the execution of an amendment by the City Manager or his designee to Section 6 (Optional Service) of the Professional Services Agreement between the City of Corpus Christi and National Golf Foundation Consulting, Inc. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Scott voting "Aye"; Kelly and Noyola voting "No." 26.c. M2002-282 Motion authorizing the execution of an amendment by the City Manager or his designee to Section 9 (Expense Reimbursement) of the Professional Services Agreement between the City of Corpus Christi and National Golf Foundation Consulting, Inc. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Scott voting "Aye"; Kelly and Noyola voting "No." * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. John Holmgreen, 520 S. Chaparral, said he was representing Plan Our Waterfront (POW), which filed petitions with 11,665 signatures. He said this is a strong, widespread and continuing effort consisting of many young families who have a commitment in the community and want to ensure their voices are heard. He said it is POW's intent to focus on the development of the marina and the Council should pay attention to any developer that rejects out of hand the sort of public scrutiny that would have to apply to its development. Council Member Kinnison said he hopes there is a tremendous effort made both on the part of the Council and the POW group to provide citizens with only factual information prior to the November 5th election. Mr. Holmgreen said if the POW members have any questions, they will continue to ask them. Council Member Scott said he is concemed about some of the written information he has seen during solicitation of signatures for the petition, such as the issue of public access and gambling in the marina. Mr. Holmgreen said that POW has not taken a position on the gambling issue. He said he would like to see the information to which Mr. Scott was referring and said the elected officials need to ensure that the city provides information when it is requested. Mr. Holmgreen added that POW members are not against economic development in the marina. Rather, they feel it should be at the right place, for the right price and to the right extent. Council Member Chesney said he feels Minutes - Regular Council Meeting August 27, 2002 - Page 18 the city should have disclosed more information about the proposal when it was requested. He agreed that they need to proceed and get the facts to the public. Mr. Lewis Lovelace, 1549 Casa Grande, asked that the city build some steps to reach the shoreline below Airheart Point next to Dr. Mintz's property. Council Member Longoria said the public still has access to that area. Mayor Neal asked staff to look into Mr. Lovelace's request. Mr. Gene Guernsey, 14230 San Felipe, said he was speaking on behalf of the Corpus Christi Chamber of Commerce Board of Directors, which unanimously passed a resolution opposing a strong -mayor form of government. He said they are opposed to it because a strong mayor hires department heads based on political connections rather than expertise and professional skills. He said that under the Council-manager form of government, the day-to-day administration of the city remains stable throughout elections. Mr. Jack Gordy, 4118 Bray, said the city gave the public access studio equipment to Ms. Beverly Winters, whom he said does not have any interest in public access. He said the public access users do not know how to contact her or where the studio is located. He questioned whether the city entered into an agreement with Ms. Winters. Mr. Mark McDaniel, Director of Management and Budget, said there is no agreement with Ms. Winters. He said the city issued a request for proposals and received two from people willing to provide studio services using the Time Warner equipment. He said city staff is evaluating Ms. Winters' bid and then the Council will have to authorize any agreement staff may recommend. Responding to Council Member Noyola, Mr. McDaniel said that neither the city nor Ms. Winters have actually come into possession of the equipment. Mr. Garcia reiterated that the city does not currently have a relationship with Ms. Winters. Mr. John Bell said the public access studio was operating until August 23, 2002 and the transition is taking place at this time. Mr. Noyola asked staff to inform the Council when the city receives the equipment and Mr. Kinnison said they need to expedite this issue. Ms. Billie Wilkerson, 910 Susan, said she spoke to Ms. Susan Cable, the Director of the city's E -Government Services, who said the city is in negotiations. Ms. Wilkerson said their proposal was taken out of consideration because they did not have a building, even though they formed a non-profit group. Ms. Wilkerson said Ms. Winters stated that she is not interested in letting other public access participants use the equipment. She said the Council should consider the public. Mr. John Bell, 13750 Primavera, said that for years he has supported bond issues and is a member of Forward Corpus Christi. However, he said he is forming Citizens Against a Strong Mayor because the last thing the city needs is that form of government, which creates a strong dictator. He said there would be no checks and balances and no limits on the mayor's authority. He said it would abolish the Council-manager form of government which has been in operation for over 50 years. Mr. Abel Alonzo, 1701 Thames, said he will support Mr. Bell's effort because he believes a strong -mayor form of govemment will be more costly for the taxpayers. He said he attended the Cable Communications Commission meeting last night and he criticized Ms. Mary Beth Nelson's Minutes - Regular Council Meeting August 27, 2002 - Page 19 comments, saying she does not represent all the public access users. Mr. Bill Kopecky reiterated that the word "strong" is not in their charter amendment; rather, it is a "mayor -Council" form of government. He said they hope the Council appoints a charter revision commission, which would have two years to prepare proposals before the government would go into effect in 2005. He said some of the cities with mayor -Council forms of government are St. Petersburg, Florida, Tulsa, Oklahoma, and Spokane, Washington. He said he believes the current practice of department head appointments involves cronyism and he has more trust in the people of Corpus Christi to elect a mayor. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 27, construction manager at risk services. City SecretaryChapa said Council Members Kelly and Longoria had filed disclosure affidavits and would abstain from discussing or voting on this issue. Mr. Kevin Stowers, Assistant Director of Engineering Services, said this is the first time a construction manager at risk has been utilized by the City of Corpus Christi. With regard to project development, he said the city first had to select or designate the project architect or engineer. The city hired Thompson, Ventulett & Stainback to design the facility and staff is currently reviewing the final cost estimates. Receipt of the final plans and specifications is scheduled for next week. Mr. Stowers said that in May the city issued a request for proposals for a construction manager utilizing procedures recommended by the Major Projects Committee and by state statute. He said the RFP needed to contain general project information, including project site, scope, schedule, selection criteria and estimated budget. He said the city also requested information about the applicants, including experience, past performance, personnel, safety and other appropriate factors. He said that on June 26, 2002, the city received proposals from 10 applicants and, following the prescribed process, a seven -member committee selected the firm of Moorhouse-Beecroft, joint venture, as the recommended construction manager at risk. He further discussed the criteria that was used in the selection process and previous projects performed by the selected firm. Mayor Neal called for public comment. Mr. Ernest Garza, Chairman of the Hispanic Contractors Association of South Texas, said he met with city staff about his concerns. He said they are asking that the line item on the local and minority participation be split up and monitored to determine how much work is being done by those companies. He said they are seeking to receive an equitable share of the construction work. Mr. Angel Escobar, Director of Engineering Services, said that city staff monitors minority participation on a yearly basis and they provide that information to the Council. He said in FY2001- 02, $7.8 million or 22.96% of the completed construction projects went to the MBE participation groups. Council Member Noyola said the city needs to work with minority groups. Council Member Chesney requested additional information about minority participation. City Manager Garcia said the disparity study which was completed a few years ago concluded that Minutes - Regular Council Meeting August 27, 2002 - Page 20 minorities have been utilized in the city's contracting in direct proportion to their availability in the workforce. In other words, a disparity did not exist historically and, as a result, the city could not implement programs that targeted minorities. Mr. Stowers pointed out that staff prepared a data base of all local construction firms and support and supply groups and an outreach effort was made. He said Moorhouse-Beecroft scored very well with their local and minority participation program. Council Member Kinnison asked if that issue will be monitored and Mr. Escobar said it will be. Mr. Kinnison pointed out that by law the city is governed by low bid. Mr. Noyola said this contract does not strictly involve low bid. Additional discussion ensued. Mr. Roland Barrera said the Regional Transportation Authority has exceeded 30% of DBE's and they require a certification program accepted by the federal government. He said he believes Mr. Escobar and his staff are doing a better job than has been done in the past with regard to minority participation. He said projects such as this are an opportunity to cultivate small businesses. He said he met with Mr. Moorhouse and he believes they will do a fine job. Mr. Barrera said he serves on a state board and referred to an open records request about this issue, of which he still has some concems. He said they need to further refine the process. Mr. Abel Alonzo said he has always been concerned about inclusiveness and he encouraged people to put their differences aside and work together on these projects to improve the city. Mr. Manuel Ugues, CEO of the Coastal Bend Minority Business Council (CBMBC), reiterated the importance ofworking together. He said Mr. Moorhouse is sincere in wanting to work with the minority and small business communities. He said the CBMBC will continue its outreach program to businesses. Mr. Burt Moorhouse, 5826 Bear Lane, acknowledged the support of city staff and of the CBMBC. He said they are committed to having an inclusive process. Mr. Sam Beecroft, 144 Ropes, commended the Council and staff for finding the best team to design this facility. He said they are very proud to be associated with this project and will do justice to the design. Mr. Escobar said the city accepts certification programs from the state of Texas, TXDOT, the RTA and Del Mar College. Mr. Noyola and Mr. Scott congratulated Mr. Moorhouse and Mr. Beecroft, adding that they are glad a local company was selected. Mr. Chapa polled the Council for their votes as follows: 27. M2002-283 Motion authorizing the City Manager or his designee to execute a contract for construction manager at risk services with Moorhouse-Beecroft, Joint Venture of Corpus Christi, Texas, for the convention center expansion and renovation project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting August 27, 2002 - Page 21 Kinnison, Noyola, and Scott voting "Aye"; Kelly and Longoria abstaining. * * * * * * * * * * * * * Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. Upon reconvening the Council meeting, he called for the City Manager's report. Mr. Garcia said the next Council meeting will be held on September 9th, which is the 150t anniversary of the city. He reviewed the sesquicentennial events planned for September 7-9. In addition, a municipal memorial service will be held on September 11th commemorating the people who died on that day last year during the terrorist attacks in New York City, the Pentagon and Pennsylvania. Mayor Neal asked staff to schedule executive sessions on key issues, such as the baseball stadium and Landry's. He then called for Council concerns and reports. Mr. Chesney referred to comments he made previously about the POW petition and announced a Friends of the Park meeting on September 4th in City Hall and an upcoming town hall meeting in District 1. He commended staff for planning the sesquicentennial events. Mr. Noyola thanked Ms. Elaine Motl for coordinating the powerboat races last weekend. Mr. Scott passed on a request he received for some speed humps and he referred to articles about difficulties other cities are experiencing. He commented on Corpus Christi's clean beaches. He also complimented POW for their efforts and he asked if gambling will be an issue in the marina. Mr. Garcia said the city does not have a final agreement with Landry's but they have discussed several issues, one of which is gambling. He said gambling is currently prohibited in the marina and if it ever became an option, it would be up to the City Council. Mr. Scott also asked about public access on the T -Heads and Mr. Garcia said Landry's is also concerned about maintaining access to all three marina areas. Mr. Scott suggested that the district representatives on the Council meet with their constituents on a specific day to explain the issues on the November ballot. Mr. Scott and Mr. Kinnison agreed that the powerboat races were a big success. Mr. Kinnison referred to several letters to the editor and a POW article about the marina use and the baseball stadium. Mr. Garcia said what is covered by the land lease is only the restaurant pads; the rest of the area would be covered by a management agreement. With regard to the baseball stadium, Mr. Garcia said it would be the obligation of the 1/8th cent sales tax to pay off any bonds that are issued to finance that. However, if the baseball stadium is not built, the land will not be acquired. Mr. Garcia added that he has never been involved in a project that has had so much public participation as the Landry's process. Mr. Kinnison said he would not perform any accounting services for Landry's. Mr. Kelly said a September 11th commemorative ceremony will be held at 7 p.m. at Wildcat Stadium involving local military and churches. Mr. Longoria pointed out areas where manholes need to be leveled. Mr. Garrett said repairs need to be made to the road in front of the HEB driveway and on Wooldridge Road between Airline and Rodd Field. Responding to Mayor Neal, City Secretary Chapa said he hopes to have the POW petition verified within 12 working days, prior to the September 17ih meeting. There being n o further business to come before the Council, the Mayor adjoumed the Council meeting at 8:00 p.m. on August 27, 2002.