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HomeMy WebLinkAboutMinutes City Council - 09/09/2002I 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 September 9, 2002, which were approved by the City Council on September 17, 2002. WITNESSETH MY HAND AND SEAL, this 17th day of September 2002. Armando Chapa City Secretary SEAL 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 9, 2002 - 2:50 p.m. City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett, and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of August 27, 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: Corpus Christi Downtown Management District Mark Adame (Reappointed) Dottie Clower (Reappointed) Richard King III (Reappointed) Gordon Landreth (Reappointed) Brad Lomax (Reappointed) George Placke (Reappointed) Dan Richter (Reappointed) Ted Stephens (Reappointed) Charles Thomasson (Reappointed) Nueces County Community Action Agency Mayor Loyd Neal (Reappointed) Council Member Javier Colmenero (Reappointed) Council Member John Longoria (Reappointed) Sister City Committee Yalee Shih (Reappointed) Mufid Abudiab (Reappointed) Ann Jaime (Reappointed) Melody Cooper (Reappointed) Wayne Bennett (Reinstated) Valerie Vargas Ballesteros George A. Garcia Mary H. "Bebe" Morris Sharon L. Phillips Animal Control Advisory Committee Cheryl Martinez * * * * * * * * * * * * * Minutes - Regular Council Meeting September 9, 2002 - Page 2 Mayor Neal opened discussion on Item 3, acceptance of sculpture/fountain. City Manager Garcia explained that the Regional Transportation Authority (RTA) wished to commemorate the city's sesquicentennial with the donation of the sculpture. Ms. Linda Watson, RTA Director, introduced the following RTA board members: Mike Rendon, Julio Garcia Jr., Vicky Garza and Abel Alonzo. Ms. Watson explained that in 1987 when the Six Points transfer station was constructed, the RTA added a piece of public art created by renowned sculptor Danny O'Dowdy. However, since then the RTA's ridership has increased and they need to address ADA issues. Consequently, more room is needed at the transfer station and the RTA decided to donate the sculpture to the city. Ms. Garza and Mr. Garcia also presented the Council with a commemorative plaque and photograph. Council Member Scott asked if the water fountain aspect of the sculpture will be reinstated once the artwork is relocated. Ms. Watson said the RTA and the Arts and Cultural Commission are donating $22,000 for the piece to be renovated and repaired so it can function as a fountain. Mr. Rendon said some people have suggested that the sculpture be displayed at the airport. There were no other public comments. City Secretary Chapa polled the Council for their votes as follows: 3. M2002-284 Motion authorizing the City Manager or his designee to execute documents to accept "Bromeliad," a sculpture/fountain from the Regional Transportation Authority. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 4-22). City Secretary Chapa announced the following abstentions: Council Member Kelly on Items 14 and 15; Council Member Scott on Item 21; and Council Member Noyola on Items 20, 21 and 22. He also said that Item 10 needed to be amended. Council members requested that Items 5, 6, 7, 12, 15 and 17 be discussed. There were no comments from the audience. Mr. Chapa polled the Council for their votes: 4. M2002-285 Motion approving a supply agreement for approximately 3,714 boxes of garbage can liners in accordance with Bid Invitation No. BI -0114-02 with Gulf Coast Paper Company Inc. of Corpus Christi, Texas based on low total bid for an estimated annual expenditure of $38,854.92. The term of the agreement shall be for 12 months with an option to extend for up to two additional 12 -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are available from the Warehouse Inventory for FY2002-03. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting September 9, 2002 - Page 3 8.a. M2002-286 Motion authorizing the City Manager or his designee to amend the scope of work for the FY2001 CDBG YMCA City Council -approved project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.b. M2002-287 Motion authorizing the City Manager or his designee to amend the scope of work for the FY2002 CDBG Gulf Coast Council of La Raza City Council -approved project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.c. M2002-288 Motion authorizing the City Manager or his designee to amend the scope of work for the FY2002 CDBG Corpus Christi Hope House Inc. City Council -approved project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9. M2002-289 Motion authorizing the City Manager or his designee to execute a contract in the amount of $86,482.68 for purchase of services from the State of Texas, Department of Information Resources, to provide computer maintenance to the Police Department's Digital Equipment Corporation (DEC) and COMPAQ equipment being maintained by COMPAQ through its computer services contract with the State of Texas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.a. M2002-291 Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $8,910 from the Executive Office of the President, Office of National Drug Control P olicy, t o support t he P olice D epartment's r ole i n t he T exas Coastal C orridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting September 9, 2002 - Page 4 11.b. ORDINANCE NO. 025000 Ordinance appropriating $8,910 in the No. 1050 Federal/State Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13. RESOLUTION NO. 025001 Resolution consenting to the sale of property located at 7601 Leopard Street to Tuloso- Midway Independent School District for $7,672.23 and authorizing the Nueces County Judge to execute a resale deed for such property. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14. RESOLUTION NO. 025002 Resolution expressing official intent to reimburse costs of the Corpus Christi Convention Center improvement project. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. 16. ORDINANCE NO. 025004 Ordinance abandoning and vacating a 2,000 square foot portion of a ten (10) foot wide utility easement in Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, and 4B, Block 21, Padre Island No. 1; requiring the owner, SSP Partners/Circle K, 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." 18. ORDINANCE NO. 025006 Ordinance appropriating $25,000 from the Maintenance Services Fund No. 5110 Unappropriated Fund Balance for Greenwood Public Library Foundation Repairs - Phase 1; amending Ordinance No. 024974 which adopted the FY2002-2003 annual budget by increasing appropriations by $25,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Minutes - Regular Council Meeting September 9, 2002 - Page 5 Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 19. ORDINANCE NO. 025007 Ordinance appropriating a grant in the amount of $1,726 from the Swaim Foundation in the No. 1050 Federal/State Grants Fund for the elderly nutrition/home delivered meals program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 20.a. RESOLUTION NO. 025008 Resolution authorizing the City Manager or his designee to accept a two-year Federal Aviation Administration Entitlement Grant, Grant No. 34, upon receipt, in an amount not to exceed $6,219,464 for the terminal reconstruction project, drainage improvements Phase 3 project, and improvements to the runway safety areas. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 20.b. ORDINANCE NO. 025009 Ordinance appropriating an amount not to exceed $6,219,464 from the Federal Aviation Administration Grant No. 34, upon receipt, in the No. 3020 Airport Capital Improvement Fund, for the terminal reconstruction project, drainage improvement Phase 3 project, and improvements to the runway safety areas. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 21. ORDINANCE NO. 025010 Ordinance authorizing the City Manager or his designee to execute an in -terminal advertising concession lease agreement with In -Ter -Space Service Inc. dba Interspace Airport Advertising for the operation of an airport advertising concession in the Corpus Christi International Airport in consideration of payment of the greater of guaranteed minimum concession fee or thirty percent of the Concessionaire's gross receipts for a term of sixty months with an additional sixty -month option. The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison and Longoria voting "Aye"; Noyola and Scott abstaining. 22. ORDINANCE NO. 025011 Ordinance authorizing the City Manager or his designee to execute five rental car concession Minutes - Regular Council Meeting September 9, 2002 - Page 6 lease agreements with Southwest Texas Leasing Company Inc. dba Advantage Rent-A-Car Inc.; Coastal Bend Rent-A-Car Inc.; National Car Rental of Corpus Christi Inc.; Dollar Rent- A-Car Systems Inc.; and Texas South Rentals Inc. dba Hertz Car Rental for the operation of car rental concession at the Corpus Christi International Airport in consideration of payment of the greater of a guaranteed minimum concession fee or ten percent of the concessionaire's gross monthly revenues for a term of sixty months. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, Azores and Catcay street improvement projects. Responding to Council Member Scott, Mr. Angel Escobar, Director of Engineering Services, said there was an oversight on staff's part and the individual assessment notices were not mailed out. A revised public hearing date is required to be set. City Secretary Chapa polled the Council: 5. RESOLUTION NO. 024994 Resolution revising the date for a public hearing on the proposed assessments for the Azores and Catcay Drive street improvements to the November 12, 2002, City Council meeting instead of during the City Council meeting of September 9, 2002; directing the City Secretary to arrange to publish notice of this revised public hearing date; 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, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Items 6.a. -b. and 7.a. -b. Responding to questions from the Mayor, Mr. Escobar said the engineer's estimate for Item 6 was $458,638 but the low bid by Garrett Construction Company was $617,998.20 because some of the utility work is more expensive than staff anticipated. He said the street work, which is in the Bond 2000 issue, is within the budgeted amount. With regard to Item 7, the engineer's estimate was $907,700 and the apparent low bid was submitted by W.T. Young Construction for $1,136,456.35. He said the stormwater portion of that project was higher. Council Member Colmenero asked if ADA improvements will be incorporated, and Mr. Escobar said they will be. He also discussed how the Gollihar project will be interfaced. City Secretary Chapa polled the Council for their votes as follows: 6.a. RESOLUTION NO. 024995 Resolution determining the necessity for and ordering the improvement of the following Minutes - Regular Council Meeting September 9, 2002 - Page 7 highways in Corpus Christi, Nueces County, Texas: *Brookdale street improvements from Gollihar to Sunnybrook; *Whiting Street sidewalk improvements from Churchill to Lanier; 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." 6.b. RESOLUTION NO. 024996 Resolution approving plans and specifications for improvements to the following highway and sidewalk in Corpus Christi, Nueces County, Texas: *Brookdale street improvements from Gollihar to Sunnybrook; *Whiting Street sidewalk improvements from Churchill to Lanier; 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 October 22, 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." 7.a. RESOLUTION NO. 024997 Resolution determining the necessity for and ordering the improvement of the following highways in Corpus Christi, Nueces County, Texas: *Annaville Road from Violet Road to Starlite Lane; 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." 7.b. RESOLUTION NO. 024998 Resolution approving plans and specifications for improvements to the following highways in Corpus Christi, Nueces County, Texas: Annaville Road from Violet Road to Starlite Lane; 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 October 22, 2002 City Council Meeting; directing the City Secretary to arrange to publish Minutes - Regular Council Meeting September 9, 2002 - Page 8 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." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, Association of Mayors, Council Members and Commissioners (AMCC) annual conference. The Mayor noted that the Texas Municipal League has been unable to bring its state conference back to Corpus Christi in the last several years due to a lack of convention space. However, the renovation and expansion of the convention center and the construction of the multipurpose arena will enable the TML conference to be held here in about 2007. He said it is important to encourage the AMCC organizers to hold their meeting here as well. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 024993 Resolution expressing the Corpus Christi City Council's desire to host the Year 2006 Association of Mayors, Council Members and Commissioners annual conference. 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 15, convention center expansion and arena construction. Council Member Scott expressed concern about the construction schedule, particularly how it relates to the fall 2004 basketball season. Mr. Kevin Stowers, Assistant Director of Engineering Services, said that 18 months was the original estimated construction time prior to hiring the architect very early in the project. He said that 22 months is the current estimate and it has been for the last 11/2 years. He said the arena should be open by the end of July or the first of August in 2004. Mr. Stowers added that the arena groundbreaking is scheduled for November 2002. Council Member Kinnison said this proposal is to amend the contract for an additional $736,465. He said he thought many things contained in the proposed amendment would have been included in the original contract. Mr. Stowers said the architects presented several options to city staff and the Council. He said initially the project was not well defined but, through the input of the Mayor's Advisory Committee and community members, more input has been received. He said they do not anticipate any major future amendments to the contract. City Manager Garcia said they first considered the simplest and most cost-effective arena design, which was a single deck of seating with the luxury boxes situated along the top. The management consultant, SMG, suggested a different design which would more effectively use the luxury seats. Minutes - Regular Council Meeting September 9, 2002 - Page 9 Mr. Kinnison also asked about the street alignment modifications. Mr. Stowers said that a local civil engineering sub -consultant, MEI Govind, will be undertaking all of that work. He said in order to improve traffic flow, the two islands in front of the arena will be narrowed. Mr. Garcia said there was a considerable amount of discussion about traffic flow during previous meetings. He added that the road underneath the convention center will be closed, which necessitates many types of reconfigurations. Mr. Stowers discussed the convention center roof and ballroom design changes. He added that it falls within the capacity of the 2% sales tax. Council Member Noyola asked why this item was included on the consent agenda. Mr. Garcia replied that staff has discussed most of these items individually with the Council and, rather than amend the contract with each individual item, staff opted to bring one contract amendment forward. Responding to Council Member Colmenero, Mr. Garcia said the design portion is completed and the complete construction documents for the arena will be advertised next week and in 30 days for the convention center. Mr. Stowers said there may be some future change orders during the construction phase, particular with the convention center, because that is not uncommon when dealing with an existing facility. Mr. Colmenero said he would like to see some measurable details about SMG's performance. Mr. Garcia also noted that he had a meeting with representatives of the Port of Corpus Christi Authority, RTA and the Downtown Management District regarding the alignment of Shoreline Boulevard. He said they will ask the architect to submit a proposal to begin that dialogue. Council Member Longoria said the Council gave staff the direction to make these contract amendments several months ago and now it is time to pay for them. Council Member Chesney said the Council told SMG they wanted the arena to consist of two tiers. Mr. Scott asked if updated design drawings will be available, and Deputy City Manager Noe replied affirmatively. He added that they did make commitments for the arena to be open for the 2004-05 basketball and hockey seasons. Mr. Longoria said one of the reasons for possibly realigning Shoreline near the arena and convention center is to create a park next to the water. City Secretary Chapa polled the Council: 15.a. ORDINANCE NO. 025003 Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 Reserve for Convention Center Expansion/Renovation; authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180; amending Ordinance No. 024974 which adopted the FY2002-2003 annual budget by increasing appropriations by $425,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. 15.b. M2002-292 Motion authorizing the City Manager or his designee to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Minutes - Regular Council Meeting September 9, 2002 - Page 10 Ventulett, Stainback & Associates Inc. for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, assignment of a lease. Responding to Council Member Kinnison, Mr. Dan Whitworth, Director of Park and Recreation, said this is a restaurant facility on Corpus Christ Beach next to the Texas State Aquarium that has been known as The Boathouse which has been vacant for some time. He said there are only about nine months left on the current lease and the contract stipulates that the Council must approve any assignment of the lease City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 025005 Ordinance approving assignment of the "Five Year Lease with Johnson Survivor's Trust, Leo E. Johnson, Trustee, submerged land adjacent to Lot 2, Block G, Brooklyn Addition" (Ordinance No. 023250) to Channel Investments, Ltd. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, Gang Analysis Unit grant. City Secretary Chapa stated that staff wished to amend Item 10.b. by adding "transferring $59,631 from the No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching funds." Mr. Longoria made a motion to amend Item 10.b. as stated, seconded by Mr. Colmenero, and passed. There were no comments from the audience. Mr. Chapa polled the Council for their votes as follows: 10.a. M2002-290 Motion authorizing the City Manager or his designee to accept a grant in the amount of $15,683 from the State of Texas, Office of the Governor, Criminal Justice Division for fifth year funding of the Gang Analysis Unit of the Police Department and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.b. ORDINANCE NO. 024999 Ordinance appropriating $15,683 in the No. 1050 Federal/State Grants Fund from the State Minutes - Regular Council Meeting September 9, 2002 - Page 11 of Texas, Office of the Governor -Criminal Justice Division for fifth -year funding of the Gang Analysis Unit of the Police Department; transferring $59,631 from the No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching funds. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 23, a public hearing on the proposed re -naming of Parkdale Drive to Whataburger Way. A motion was made, seconded and passed to open the public hearing and the Mayor called for public comment. Mr. Abel Alonzo, 1701 Thames, said he is not opposed to the name change but he is concemed about how much it will cost, particularly changing the maps. He said anytime the Hispanic community wants to change a street name to honor a Hispanic leader, there are serious obstacles. Council Member Scott made a motion to close the public hearing, seconded by Council Member Chesney and passed. Council Member Kinnison asked about the number of property owners on the subject street. Mr. Escobar said there are four property owners listed on page 258 in the agenda materials. He said staff received written confirmation from Whataburger Inc. On a previous erroneous mail out (which identified the proposed new name as "One Whataburger Way"), staff received written confirmation from I. Goltzman & Sons but they did not respond to the second, correct mail out. Mr. Escobar said staff received a letter from Mr. ninon Phillips, Chairman of the Nueces County Historical Commission, stating that street name changes should occur only under special circumstances. Responding to additional questions from Mr. Kinnison, Mr. Escobar said the subject street is two blocks long. He said city maps are updated consistently and the cost shown by staff for this request is for the actual new street sign. City Manager Garcia said that the new street name change procedure has deterred some people from wanting to change a street name for personal reasons. Council Member Kelly referred to Mr. Phillips' letter and asked if Parkdale Drive has historical significance. Mr. Garcia said staff is not aware of any historical significance and had there been any, the Historical Commission would have noted it. Mr. Garcia said the request a few years ago to change the name of Agnes Street to Cesar Chavez Boulevard was controversial and involved a very long street section. He said the current ordinance requires that 75% of the property owners consent to a street name change. Council Member Longoria pointed out that staff does not make the actual decision on a street name change request—that responsibility lies with the Council. Council Member Scott complimented Whataburger Inc. and said he supports their request. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 9, 2002 - Page 12 23.b. FIRST READING ORDINANCE Ordinance changing the name ofParkdale Drive to Whataburger Way between Gollihar Road and Everhart Road. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 24, a public hearing to consider vacating and abandoning a 5,021.46 square foot portion of a 40 -foot wide unimproved street right-of-way out of Lots 35 and 36, Block 817, Port Aransas Cliffs Addition, adjacent to the Alameda Street right-of-way. A motion was made, seconded and passed to open the public hearing. The Mayor called for public comment. Mr. Bill Kopecky, 3609 Topeka, said his comment does not pertain to this particular proposal. He said about a year ago the city let the Surgical Center use some right-of-way for parking and they were supposed to build a bikeway from Alameda to Topeka Street. Mr. Escobar said he will provide an answer to Mr. Kopecky's question. Council Member Garrett made a motion to close the public hearing, seconded by Council Member Longoria, and passed. City Secretary Chapa polled the Council for their votes as follows: 24.b. ORDINANCE NO. 025012 Ordinance vacating and abandoning a 5,021.46 square foot portion of a 40 -foot wide unimproved street right-of-way out o f L ots 3 5 and 36, Block 817, Port Aransas Cliffs Addition, adjacent to the Alameda Street right-of-way so that the tract of land can be sold as surplus property. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott abstaining. 24.c. ORDINANCE NO. 025013 Ordinance approving the sale of surplus property consisting of 5,021.46 square feet out of a 40 -foot wide unimproved street right-of-way from Lots 35 and 36, Block 817, Port Aransas Cliff Addition, and authorizing the City Manager or his designee to execute a real estate sales contract with the adjacent property owner, Dr. James A. Ayers, for the fair market value of $18,250. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott abstaining. * * * * * * * * * * * * * Minutes - Regular Council Meeting September 9, 2002 - Page 13 Mayor Neal opened discussion on Item 26, contract for public access studio and equipment management. Ms. Susan Cable explained that Time Warner closed their public access studio and editing room on August 25, 2002. She said they do continue to provide channels for broadcasting of public access programming. As part of the franchise agreement, Time Warner gave the city studio and editing equipment and both Time Warner and Grande Communications are each giving the city $3,500 annually for maintenance of the equipment. Ms. Cable said that of the 80 producers whose programs air on Channel 10 and Channel 18, 12 are using the studio, 17 use the editing equipment (there is some overlap between those two groups), and 11 check out the cameras (some only very sporadically). She said that on July 19th the city sent out a request for proposals (RFP) to manage the studio and editing equipment for use by the public access producers. The city received two proposals: one from South Texas Informer Educational Foundation Inc. (Education Foundation), a local non-profit group that promotes journalism, and the other from NuPAC, a group of public access users. Ms. Cable said the two proposals differed significantly in several aspects. She said the Education Foundation will provide their own facility and requested a one-time payment of $15,000 to help with the studio and equipment set-up. NuPAC requested an annual payment of $154,000 and a facility to be leased by the city to NuPAC for $1 per year. There were also a number of other differences. She said city staff is recommending that the city contract with the Education Foundation for one year with extension options. If approved, the editing equipment and cameras will be available to be checked out by September 23ha and the studio will be operational on or before October 14th. The studio, which is located at 3038 Leopard, will be open from 4 p.m. to 9 p.m. on weekdays. Council Member Noyola asked who owns the facility in question. Ms. Cable replied that Mr. Robert Adler owns it. She said the wiring and outlets are ready for use by the equipment. Responding to other questions from Mr. Noyola, Ms. Beverly Winters, representing the Education Foundation, said she has a publication called The South Texas Informer and Business Journal. She said they have technicians, some of whom are volunteers, who will operate the studio. Ms. Cable said the $15,000 one-time payment will come from a grant from Time Warner. Mr. Noyola said Time Wamer told the Council they were spending $152,000 per year to operate a studio and he questioned how the Education Foundation will be able to provide that service so inexpensively. Ms. Winters replied that they intend to do some fund raising. She added that they will not charge the public access members to use the studio or equipment. She also questioned Time Warner's costs for that service. Ms. Cable said they will be tracking the use and operation of the studio. She added that currently Time Warner is holding the equipment and she and Ms. Winters have inventoried the equipment. Mr. Noyola said he does not feel comfortable with this proposal. City Manager Garcia said that according to federal law, cable companies are not required to provide public access studios. As a result, Time Warner said they would no longer do so but would provide the equipment to someone else. He said the city had the option to take over this operation but staff recommended against it because it is not amunicipal responsibility. Mr. Noyola said he thinks the city should have conducted more intensive negotiations on this issue. Minutes - Regular Council Meeting September 9, 2002 - Page 14 Council Member Kinnison asked if the public access users' input was solicited on this proposal. Ms. Cable said she conducted a survey during the Cable Communications Commission meeting on August 26th and has made two rounds of phone calls to the Channel 10 access users, asking them specific questions about their equipment needs. She said the majority of the users do not have concerns about this proposal, although there may be a small group who do. Mr. Kinnison said he feels the city did not have a choice because one of the proposals was totally unacceptable and he has many questions and concems about the other proposal. He said he thought the city was going to try to provide a public facility in which to house a studio. Ms. Cable said she met with Mr. Herb Canales, Director of Libraries, and his staff and they identified a room from which users could check out the editing equipment and cameras. She said they have no facilities or staff for a studio. In addition, no resources were allocated and there was a definite time constraint involved. She said city staff has provided this information to the 12 users of the studio during the Cable Commission meeting and through other means. She said most users were concemed with the availability of the studio and had specific technical questions. Council Member Kelly said he was also concemed about this proposal because the Education Foundation does not have a public access show and therefore has no direct stake in what is going on. He said they will have the task of operating the studio and working with a very diverse group of individuals with strong opinions. Ms. Cable said the Education Foundation has been working with some people, one of whom had apublic access program. She said they plan to establish an advisory council consisting of producers of educational, religious, government and public access programs. Mr. Kelly asked about the term of the lease of the facility, and Ms. Winters said it is for one year. Ms. Cable added that the Public Access Users Group—and not the studio operators --handles the scheduling of the programs. Council Member Longoria said the contract needs to ensure that the donated equipment is protected. Ms. Cable said city staff asked and Time Wamer granted an extension of the delivery of the equipment. She said there is a back-up plan to check out the editing and camera equipment through the library but they do not have a back-up plan for a studio operation. In reply to Council Member Garrett, Ms. Cable said there are a total of 80 producers of shows on Channels 10 and 18; there are 48 Channel 10 users and 32 to 35 Channel 18 users who signed up for programming slots during the interim lottery; there are 12 producers who use the studio; and 17 who use the editing equipment (with some overlap). Council Member Colmenero said he is familiar with the process of producing a television program. Ms. Cable said staff wanted to ensure that the studio operator provided a sufficient number of hours for its use as well as post -production (editing) use. Mr. Colmenero commented on the age of the equipment and he asked about performance measures, which Ms. Cable addressed. Mayor Neal called for public comment. Mr. Abel Alonzo said Ms. Cable's character and credibility have been attacked. He said there is a minority of cable access users who will not listen to reason. He said they do not have a mandate Minutes - Regular Council Meeting September 9, 2002 - Page 15 to represent the other users, who only want their tapes to be shown. He said the taxpayers are funding these services and the city has worked hard to make sure they are provided. He said he chooses to produce and host his own cable access program and no one owes him anything. Ms. Mary Beth Nelson, President of NuPAC, said she has been the head of electronic music studios in Europe and at major U.S. universities. In addition, all the NuPAC members have hands-on experience with the necessities of operating a studio. She said that while Ms. Winters and Mr. Bob Jones have experience in their own fields, they do not have experience operating a studio. She said NuPAC has been excluded from this process from the outset. She said they would be glad to work with city staff on reaching a reasonable figure on what it would take to run a studio. Ms. Nelson added that $7,000 a year is not sufficient to maintain the equipment. Mr. Lionel Pamther said he is a friend of Ms. Winters and they have been working to develop a small business incubator. He said a studio operation fits in well with their concepts and they are willing to take on that challenge, despite the short time line involved. He said even if they do not get the studio, they intend to move ahead with their incubator project. Mr. R.E. Byers, 4634 Blundell Dr., said he has been associated with public access television since 1998. He said Ms. Winters is on record as saying they are going to use the equipment until they cannot use it anymore. He also said Mr. Jones has convinced city staff that he is an expert in public access, although Mr. Byers said he is not. He added that due to the time constraints, political commentators will not have a voice prior to the November election. Mr. J.E. O'Brien, 4130 Pompano, said the Corpus Christi Taxpayers Association's program is probably the oldest one running on public access. He said he disagrees with most of Ms. Cable's comments and agrees with Mr. Kinnison that both of the proposals should be scrapped and the process should begin again. He said he is opposed to all of Item 26, adding that he has not seen Ms. Winters attend public access meetings. He also questioned whether city staff have seen any financial statements from the Education Foundation. Mr. Jose Marroquin, 2433 Allencrest, said he used the editing equipment and Time Warner gave them three hours to produce a one-hour program, which sometimes was not sufficient. He questioned whether this proposal will provide enough operational hours for the users and whether the equipment will withstand heavy use. Mr. Bob Jones said he is a pastor and businessman and he has experience with television equipment. He said he was asked to assist with the business incubator project and, subsequently, the studio operation. He said there are not many minorities in broadcasting, either in front of or behind the camera, and this seemed to be an opportunity to further the Education Foundation's mission. He said their intent was to make a studio facility accessible as quickly as possible. He added that they feel they can be self-sustaining in a few years. Mr. Rene Saenz said that after he appeared on a public access show, Mayor Neal approached Mr. Saenz and said he wanted to help and he mentioned possibly using space at the library in Flour Bluff. Mr. Saenz said they followed the Mayor's advice and formed a non-profit group but now he Minutes - Regular Council Meeting September 9, 2002 - Page 16 feels they were not listened to. He said the Council has a tendency to depend on city staff for much of their information and they did not know that Time Warner did not intend to continue operating the studio. Mayor Neal said the rest of the Council knew that but he did not. Council Member Chesney verified from Ms. Cable that NuPAC wanted to be paid $154,000 annually and to lease a city -owned building for $1 per year to operate a studio, while city staff is recommending the Education Foundation's request for a one-time payment of $15,000 and $7,000 per year. He said that is a huge discrepancy and he noted that NuPAC has not yet been granted its non-profit status. He further referred to a comparison of the two proposals in the agenda materials and thanked Ms. Cable for her efforts. Mr. Noyola said he does not know how the Education Foundation will be able to operate the studio with the funds provided. He said once the equipment breaks down, the city will not pay for it. Mr. Noyola then made a motion to table Item 26, which was seconded by Mr. Kinnison. The motion to table failed by the following vote: Colmenero, Kinnison and Noyola voting "Aye"; Neal, Chesney, Garrett, Kelly, Longoria, and Scott voting "No." Mr. Kinnison said staff had no choice as to which proposal to recommend to the Council. However, he said the question comes down to whether or not that is the level of service the city wants to provide to the cable access users. He said he was interested in finding some level of funding to enhance the studio's operation because he doubts the hours will be adequate to meet the users' needs. He said he will not support staff's recommendation and would rather not take any action at this time. Mr. Colmenero said he does not think there is a satisfactory solution and he added that the Education Foundation should reassure the Council that they will provide adequate opportunities for people to use the studio. Ms. Cable said if the usage increases, the Education Foundation has said they would be open to further discussing that issue. Responding to Mayor Neal, Ms. Cable said the equipment is estimated to be worth $148,430. The Mayor said he wanted to make sure that they do not purchase replacement equipment without first obtaining the Council's approval. She said the city will retain ownership of the equipment and will provide the insurance coverage. She said the contract contains a provision that the contractor is required to report inoperable equipment within a certain time frame. City Secretary Chapa polled the Council for their votes as follows: 26.a. ORDINANCE NO. 025014 Ordinance appropriating $18,500 from the Unreserved Fund Balance designated for government/public access equipment and facilities in the No. 1020 General Fund for access channel equipment and facilities; amending Ordinance No. 024974 which adopted the FY2002-2003 Budget, to increase appropriations. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Garrett, Kelly, Longoria, & Scott voting "Aye"; Colmenero & Noyola voting "No"; Kinnison absent. Minutes - Regular Council Meeting September 9, 2002 - Page 17 26.b. ORDINANCE NO. 025015 Ordinance appropriating $3,500 from ClearSource/Grande Communications Inc. cable franchise in the No. 1020 General Fund for access channel equipment and facilities; amending Ordinance N o. 024974 which adopted the F Y2002-2003 budget, t o increase appropriations. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Garrett, Kelly, Longoria, and Scott voting "Aye"; Colmenero and Noyola voting "No"; Kinnison absent. 26.c. M2002-293 Motion authorizing the City Manager or his designee to execute a contract with the South Texas Informer Educational Foundation Inc. for a 12 -month period with a renewal option of two additional two-year periods, subject to the approval of the contractor and the City Manager or his designee, to manage a public access studio and editing equipment with city - owned equipment for public access producers for a one-time payment of $15,000 for facility and equipment set-up and $7,000 for equipment maintenance. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Longoria, and Scott voting "Aye"; Colmenero and Noyola voting "No"; Kinnison absent. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Ms. Crystal Lyons, 13901 Cabana North, said she received a copy of the presentation under Item 25 regarding the Americans with Disabilities Act (ADA) transition plan a few hours before the Council did. She said the draft proposal estimates that curb cuts will cost $205 million in 2002 dollars. She said currently the average cost is $2,500 per curb ramp which would instead total about $50 million. She said she was kept out of the core group meetings on this issue. City Manager Garcia said staff tried to be as accurate as possible when developing those cost estimates. He explained that many of the city's storm inlets are located at street intersections and much of the ramp reconstruction involves changing the location of the storm inlet as well. Ms. Lyons said she doubts that would increase the cost of the ramps by 400%. Mr. Abel Alonzo thanked Ms. Lyons and her committee for doing what he was not able to do for 12 years. He said he is very glad this is happening because it should have been dealt with many years ago. He said he is sad that Ms. Lyons and the committee were not involved in the transition plan. * * * * * * * * * * * * * Minutes - Regular Council Meeting September 9, 2002 - Page 18 Mayor Neal referred to Item 25, a presentation about the city's draft transition plan (Title II) under the Americans with Disabilities Act (ADA). City Manager Garcia said that Ms. Lyons raised an important point about the costs to implement the plan. He said that storm inlets are just one of the factors that complicate the issue of curb cuts. He then introduced Mr. L. David Ramos, Director of Human Relations, who gave a computer presentation about the plan. Mr. Ramos explained that in 1990 the Americans with Disabilities Act was enacted, which provided civil rights to people with disabilities. Under the ADA, the city is a Title II public entity for ADA compliance. He said that enforcement of the ADA falls under the Department of Justice. However, broad language in the law has resulted in the courts rendering clarification and specific guidelines. Mr. Ramos said that the city's first ADA self-evaluation was conducted in FY 1992-93 but funding constraints have limited the number of ADA improvements and full implementation has not yet been realized. Over the past 10 years, some ADA improvements have been addressed through certain CDBG funds and bond funds. Compliance is also addressed through construction plan reviews for the capital improvement plan projects. Mr. Ramos then discussed the draft transition plan, which he emphasized is a work in progress. He said that in FY 2001-02, the city revisited its transition plan and began a reevaluation process, incorporating the following actions: designation of a new citywide Title II coordinator and a new Transition Plan Oversight Core Group; training of departmental ADA coordinators; distribution of new self-evaluation guides for reevaluation of city departments; completion of self - evaluations on facilities (including follow-up site visits), services, activities and programs; and development of new citizen grievance forms and a city policy for accessibility issues. Mr. Ramos said that six public meetings were held throughout the community to receive input, which was compiled and incorporated into the revised 2002 transition plan. He said city staff have provided updates to the Committee for Persons with Disabilities and they have developed cost estimates with the Building Maintenance and Engineering departments. He added that staff continues to explore funding options for ADA improvements. The Human Relations Director said the remaining tasks in the transition plan process include receiving further input from advisory boards, intergovernmental agencies and the general public; adopting the transition plan and incorporating it into the city budget; monitoring ADA improvement projects; and providing annual project status reports. He explained that previously he had given the Committee for Persons with Disabilities a summary of the draft transition plan but he wanted to give the full presentation to the Council first. Mr. Ramos went on to say that the transition plan identifies current ADA improvements and implementation for the public's access in the areas of facilities, programs and activities, curb ramps and site development services. He noted that the plan is the right thing to do to make the city more accessible to citizens and visitors alike. He then showed slides illustrating accessible drinking fountains, restrooms, wall fixtures (light switch, electrical sockets and fire alarm lever), service counter, parking area, parking space and ramp. He said that specific program improvements for accessibility include the following: at City Minutes - Regular Council Meeting September 9, 2002 - Page 19 Hall—closed-captioning of City Council meetings and public service announcements and accessible city services via the internet; at customer service stations—auxiliary aids for cashiering, collections and other customer service; at recreation centers—exploring multi-level programs; at the museum— devices for the viewing area and theater and closed -captioning of exhibit computers and videos; at the libraries—seeking grants for public computer workstations with software; and in other areas— promotion of the standing agreement with qualified interpreter services. In the new area of site development services, Mr. Ramos said that in the interest of all citizens and visitors, the city will continue to review/approve plats and plans for ADA accessibility for subdivisions and commercial development; explore ADA compliance for commercial redevelopment projects; and recommend expanding city inspections of commercial facilities. Another important accessibility issue is street curb ramps. He said that of the 1,131 total miles of city streets, there are 377 miles with completed curbs; 280 miles with no curb and are unconstructed streets; and 474 miles of remaining curbs. He noted that whenever existing streets are altered, existing ramps will be upgraded to today's standards and new ramps will be constructed where applicable. With regard to new street construction, accessible ramps are already part of the project cost for the city. He said that through this transition plan, curb ramp projects will be scheduled for construction at arterials and collector streets city-wide because those are the most traveled streets. He said individual citizen requests will also be accepted. Mayor Neal recessed the regular meeting to allow the Council to participate in the burying of the time capsule as part of the city's sesquicentennial events. Upon reconvening the meeting, the Mayor asked Mr. Ramos to continue with his presentation about the city's draft ADA transition plan. Mr. Ramos said that in setting a time frame for the ADA improvement projects, the cost and funding options needed to be determined for a feasible implementation. He listed the estimated costs as follows: public facilities, $599,805; services/acti- vities/programs, $136,730 with estimated annual costs of $117,480; site development services, $10,000; outreach, $5,000; and street curb ramps, $205 million (estimated in 2002 dollars). Mr. Ramos said that staff is considering the following funding options: operating budget for FY 2003-04, utilizing funding related to renovation and building alterations; Metropolitan Planning Organization; commitment of $1 million per year for curb ramps in bond projects beginning in FY 2004-05; and CDBG funds. He said the estimated cost for years 1-5 is $5.89 million and $6.26 million each five-year period thereafter through year 25. The estimated costs include $10,000 for site development in years 1-5 and $25,000 for ongoing outreach. Issues on the horizon for Title II ADA include finalization of federal regulations on outdoor recreation accessibility and consideration by the state legislature of ADA funding through a $1 utility surcharge. He said future city actions for accessibility are to keep abreast of regulatory changes and legislative action; explore automation to manage the transition plan working document; and expand ADA training, awareness and outreach as well as staff certification. Mayor Neal asked staff to explain how they arrived at the estimated cost of $205 million for Minutes - Regular Council Meeting September 9, 2002 - Page 20 curb ramps. Mr. Escobar said that while curb ramps currently cost $2,500 each, there are often other construction issues that increase the cost, such as relocating a fire hydrant, storm inlet, electrical pole, manhole and valve box. In addition, traffic signals may have to be readjusted. He said it is much more expensive to retrofit an existing curb than to build a new accessible curb. Responding to Council Member Scott, Mr. Escobar said the approach the committee has taken regarding ADA compliance is that they will concentrate on a mutually agreed plan to incorporate improvements within the first five years as well as include a set amount of funding for curb ramps requested by individual citizens and curbs located on collector and arterial streets. Referring to the plan's time line, Mayor Neal said it appears that the city's ADA compliance at the end of 25 years will be the same as it is today. Mr. Escobar said it will be improved because of the need to continue to upgrade city streets through bond projects, thereby incorporating curb ramps into the reconstructed streets. Mr. Garcia pointed out that staff is recommending including $1 million per year to retrofit with curb ramps those existing streets that will not have any other improvements made to them. In addition, he said the city will not design or build any new facilities that are not accessible. Mayor Neal said if the Council and staff put their minds to it, they could probably find the approximately $700,000 in next year's budget to pay for the identified improvements in the areas of public facilities, services/activities/programs, site development services and outreach. However, he said he is concemed that there is not yet a "road map" to construct curb ramps on the remaining 474 miles of city streets within a reasonable period of time. Mr. Garcia said the key is how to find the money to do that and some options are to raise taxes or put it on a ballot and let the voters decide. Additional discussion ensued. Mr. Scott asked staff to provide the Council with information about what other cities are doing to reach ADA compliance. He added that he thought the Committee for Persons with Disabilities should have seen this full presentation first so the Council could have their input. Council Member Garrett asked ifthe ADA standards change over the years. Mr. Escobar said they do, pointing out that there have been three revisions in the last 10 years, which he explained. Mr. Garrett asked who determines the ADA standards and Mr. Escobar said architects have to submit their design plans to the state and then once construction is completed, an inspection is done by a state -certified inspector to ensure ADA compliance. Council Member Colmenero asked about the source of the proposed $1 million per year for curb ramps. Mr. Ramos said most of the current accessibility needs are within the General Fund departments. Mr. Colmenero said he would like to see how the capital improvement plan matches with the $1 million. Mayor Neal asked if CDBG funds can be used for facilities. Mr. Hector Vallejo, Acting Director of Housing and Community Development, said that CDBG rules do allow for the removal of architectural barriers in existing facilities but he cautioned against becoming too reliant on those funds due to increasing constraints. Minutes - Regular Council Meeting September 9, 2002 - Page 21 Council Member Chesney said he agrees with Mr. Scott that this report should have gone through the Committee for Persons with Disabilities first. Mr. Garcia said this was the first in a number of presentations that will be made about the transition plan. He said staff will incorporate the Council's suggestions and come back in the future with a revised draft. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 27, Pope Parks master plan. Mr. Whitworth said this plan was developed as a grassroots initiative by neighbors and members of the Santa Fe Soccer League in response to vandalism that was occurring in the parks. He said the proposal is to incorporate perimeter improvements to discourage vehicular access. He said the participants are involved in a fund raising effort and they plan to submit grant applications for the improvements. Responding to Council Member Scott, Mr. Whitworth said staff made available to the organizers some of the existing inventory of palm trees. Mr. Scott said he will be meeting with the citizens soon. Mr. Whitworth said that lighting is included in phase three of the plan. Mr. Scott complimented the organizers for their efforts. Council Member Chesney said this is an example of the type of neighborhood -driven plans that are being implemented. Council Member Kelly asked if staff has used the Tree Awareness Council as a resource, and Mr. Whitworth said they have. Council Member Colmenero commended staff for their ongoing efforts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27. M2002-294 Motion to approve the Pope Parks Master Plan project as presented. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ************* Mayor Neal opened discussion on Items 28 and 29 regarding the Business Resource Center. Mr. Ken Trevifio, Director of the Minority Business Opportunity Committee (MBOC), said the first agenda item is intended to expand the organization's scope of duties in order to assist all small businesses as opposed to minority -only businesses. The second agenda item is to move MBOC into a new location along with the Minority Business Development Center, Hispanic Contractors Association, Westside Business Association, and the Black Chamber of Commerce. He said there will also be three more offices that can be leased out to small businesses as part of an accelerator program. There were no comments from the audience. Council Member Scott said Mr. Trevifio and others have worked hard to reach this point. He said that Council Member Longoria had to leave the meeting but he wanted to extend his appreciation to those involved. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 9, 2002 - Page 22 28. FIRST READING ORDINANCE Ordinance amending the City Code of Ordinances, Division 12, changing the name of the "Corpus Christi Bay Area Minority Business Opportunity Committee Program" to the "Business Resource Center." The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 29.a. M2002-295 Motion authorizing the City Manager or his designee to execute a two-year lease agreement with a one-year option with Censo Properties Ltd. for property located at 400 South Padre Island Drive for the Business Resource Center at the following monthly rates: Year 1: $3,427; Year 2: $3,427; and Option Year 3: $3,515, contingent upon execution of sublease agreements with the Minority Business Development Center, Hispanic Contractors Association, Westside Business Association, and the Black Chamber of Commerce. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 29.b. M2002-296 Motion authorizing the City Manager or his designee to develop sublease agreements with a third -year option for property located at 400 South Padre Island Drive with the following agencies: Minority Business Development Center, Hispanic Contractors Association, Westside Business Association, and the Black Chamber of Commerce. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 30. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. 31. Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi v. William P. Riddick et al, No. 95-7104-G, 319th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 32. Executive session under Texas Government Code Section 551.071 regarding Mary Beth Minutes - Regular Council Meeting September 9, 2002 - Page 23 Nelson and Jack Gordy vs. City Of Corpus Christi, Corpus Christi City Council, Mayor of Corpus Christi, and City Manager of Corpus Christi, Civil Action C-02-282, United States District Court Southern District of Texas Corpus Christi Division, with possible discussion and action related thereto in open session. The Council went into executive session. The Council retumed from executive session. Mayor Neal made the following motion, which was seconded by Council Member Kinnison: 31. M2002-297 Motion authorizing the City Manager to settle the case of City of Corpus Christi v. William P. Riddick et al, No. 95-7104-G, 319th District Court, Nueces County, Texas, by accepting the offer proposed by the defendants and executing necessary documents to implement the settlement. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Colmenero and Longoria absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said that on September 11th at 8:30 a.m. the city will hold a commemorative ceremony in honor of those who died during the terrorist attacks last year in New York and Pennsylvania and at the Pentagon. The Mayor thanked all those who organized the city's sesquicentennial events and he distributed copies of the Council group photo to them as well as special medallions. Mayor Neal called for Council concerns and reports. Mr. Chesney announced that a town hall meeting will be held on September 30`11 at Miller High School and a Friends of the Park meeting will be held October 9t. Mr. Scott complimented the Sesquicentennial Committee and in particular his wife, Carol, the committee chairperson. He requested a report about the status of the Mortgage Credit Certificate program and he said he received a letter about equipment at the Palms. Assistant City Manager Margie Rose reported that all o f t he equipment has b een removed. Mr. S cott s aid h e hopes t o share a short p owerpoint presentation with the Council next week and he reported a problem with 18 -wheelers taking the turn at the intersection of Airline and Ocean Drive too tightly and damaging the brick wall there. Mr. Noyola thanked the Sesquicentennial Committee and all citizens who came to City Hall for the open house. Mr. Kelly said that in addition to the city's event, there will be a commemorative September 11 th event at Wildcat Stadium. Mr. Garrett said that he and Mr. Scott met with retired city employees who expressed concern about their insurance statements. Mr. Garrett also referred to a letter from Mr. Gene Guernsey about a sign which actually belongs to the Padre Island Country Club. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:55 p.m. on September 9, 2002.