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HomeMy WebLinkAboutMinutes City Council - 12/10/2002I 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 December 10, 2002, which were approved by the City Council on December 17, 2002. WITNESSETH MY HAND AND SEAL, this 17th day of December 2002. SEAL Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 10, 2002 - 12:10 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Brent Chesney Henry Garrett Bill Kelly Rex A. Kirmison John Longoria Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa First Assistant City Attorney Jay Reining Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Daniel Sanchez, Glory Full Gospel Church, and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. 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 workshop meeting of November 18, 2002, regular meeting of November 19, 2002, and special meeting of November 26, 2002. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 2. Executive session pursuant to Texas Government Code Section 551.071 regarding Corpus Christi's Sexually Oriented Business Ordinance. 3. Executive session pursuant to Texas Government Code Section 551.071 regarding Second Baptist Church of Corpus Christi, Texas v. City of Corpus Christi, No. 00-6895-A, 28th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 4. Executive session pursuant to Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 5. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, and the remaining claim of the City of Corpus Christi related thereto, and regarding similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Council Member Kelly made a motion to hire an independent counsel who is acceptable to city staff and the potential plaintiffs in the lawsuit to render an opinion in executive session to the City Council regarding the current state of laws goveming sexually oriented businesses and how it affects the city's existing ordinance. Mr. Kelly's motion was seconded by Council Member Longoria. Minutes - Regular Council Meeting December 10, 2002 - Page 2 Council Member Kinnison said he objects to the part of the motion stipulating that the business owners must also agree to the selection of the attorney. Mr. Kelly said that provision is meant to guarantee that they receive an independent opinion. He said he is anticipating that there will not be a problem with the selection process. Mayor Neal said he will support Mr. Kelly's motion on two conditions: that it is a non- binding opinion and that the attorney's selection is not subject to approval by either party; rather, that the Council select the attorney. Mr. Kinnison said he agrees with Mayor Neal. Mr. Kelly said he agrees with the Mayor's first condition but he feels his selection method allows for a much less political decision by taking it out of the Council's hands. Council Member Chesney said he is supportive of Mr. Kelly's motion and initially supportive of the mutually agreeable selection process but he does not want it to stall. Mr. Kelly said he supports the Mayor's proposed amendment stipulating that the attorney's opinion not be binding but he still proposes that both parties select the attorney. City Secretary Chapa polled the Council for their votes on the motion and it passed as follows: Chesney, Colmenero, Kelly, Longoria, and Noyola voting "Aye"; Neal, Garrett, Kinnison and Scott voting "No." City Manager Garcia asked if the Council is going to directly select the attorney. Mr. Kelly replied that under his proposal, city staff will meet with the attorneys for the potential plaintiffs to select an attorney whom both parties agree is independent. Then the Council will actually hire that attorney. Mr. Reining asked if a copy of the attorney's opinion will be given to the potential plaintiffs' attorneys. Mr. Kelly replied that it will be for the Council's information only. Mayor Neal asked if there are any time limitations. Mr. Kelly said it is reasonable for the Council to expect that it be done in a timely manner. Mr. Garcia said city staff have a list of attorneys that they have consulted with and they can provide that to the Council, who can ask that a similar list be provided by the topless bar owners; then the Council can make a choice. Mr. Kelly said that is one way to do it. Mr. Garcia said staff can provide that information next week. ************* Mayor Neal referred to Item 6 and the following board appointments were made: C.C. Regional Economic Development Corp. Board Edward Martin (Reappointed) Gloria Perez (Reappointed) Joe Elizondo Eugene C. Guernsey Oil and Gas Advisory Committee Charles West (Reappointed) Don Kersting (Reappointed) Corpus Christi Convention and Visitors Bureau Board Tomas Duran Sister City Committee Cruz Colomo Regis Barber Neva Jean Honeycutt Nancy Glenn Reynolds Citizens Advisory Health Board Blanca Rosa Garcia (Reappointed) Larry Bittle Minutes - Regular Council Meeting December 10, 2002 - Page 3 Mayor Neal opened discussion on Item 19, Economic Development Office. City Manager Garcia explained that the 4A Board is currently responsible for the administration of the seawall and arena initiatives. In November 2002, voters also approved a 1/8th cent sales tax increase for economic development, $500,000 per year for affordable housing, and a new baseball stadium, which the 4A Board will also oversee. Consequently, the board will need additional staffing assistance to support these activities. Mr. Mark McDaniel, Director of Management and Budget, referred to page 182 in the agenda packet to discuss the funding sources for the Economic Development Office for the corresponding estimated expenditures for the seven months in FY2002-03 ($99,976) and the proposed expenditures for FY2003-04 ($175,752). He said the personnel would consist of a director and a senior management assistant; in addition, there would be one-time costs for office equipment. Mr. McDaniel said the funding would be allocated in the same way as the funding for the Corpus Christi Regional Economic Development Corporation (EDC): 56% from the combined utilities and 44% from the General Fund. He said there is contingency funding in the General Fund to cover the current year and next year it will come before the Council as part of the budget. Council Member Scott said he was not aware that the Economic Development Office would also be responsible for the administration of the renewal community. Mr. McDaniel said that currently Ms. Patricia Garcia has not been able to focus as much on city grant writing because almost all of her time has been spent on the newly established renewal community. Mr. Garcia said that many existing businesses in the renewal community boundaries have expressed interest in taking advantage of the tax credits, which is a very time-consuming process. Mr. Scott said he wants to ensure that this office enhances the EDC's efforts and Mr. Garcia said these employees will work closely with the EDC personnel. Council Member Kinnison asked if 4A monies can be used to reimburse some of the Economic Development Office's expenses. Mr. McDaniel said city staff will look into that possibility for next year's budget. Mayor Neal called for public comment. Mr. J.E. O'Brien, 4130 Pompano, said the city continues to increase its spending and is adding another layer of bureaucracy. He questioned whether this department will duplicate the work currently being done by the EDC as well as the method of financing the office. He said residents' utility rates continue to increase while utility revenues from 1997 to 2001 increased over 49%. However, the population during that time frame decreased about 3%. He asked if the funding should be spread over other enterprise funds and he questioned what memberships are included in the $1,000 cost. Mr. Kinnison said the Council has instructed staff to look for reasonable ways to allocate the costs for this office. He said this year's funding is just to get the office started. He also said the utility revenues from 1997 to 2001 were driven by the cost of gas and other external costs that were passed along to the customers. Mr. Garcia said the key to economic development efforts is the ability to deliver utilities to new businesses. He said this is a marketing effort for the city that hopefully will result in increased revenues and decreased burdens on homeowners as larger employers locate here. Mr. Abel Alonzo, 1701 Thames, said he strongly supports this recommendation because it Minutes - Regular Council Meeting December 10, 2002 - Page 4 is a good way to even out the tax burden among the community by increasing the population. He thanked them for working to improve economic development, saying that both the Council and staff are trying their best to move forward. He said the community will not grow without paying the price for that growth. Council Member Kelly asked if the Economic Development Office will be able to promote the housing initiatives. Mr. Garcia said while the director and assistant will be very busy, key to their duties will be implementing the affordable housing program, which he explained. Mr. Kelly said he is trying to target some of the city's older neighborhoods where good houses can be acquired at very minimal rates. Council Member Longoria asked if the recently approved sales tax initiative will run parallel to the HOME program, which currently has all the manpower. Mr. Garcia said there are restrictions associated with what that money can be used for; however, he said they hope to have increased flexibility with these programs Mr Longoria said staff needs to cut down the qualification time line. City Secretary Chapa polled the Council for their votes as follows: 19. M2002-406 Motion approving the creation of the City of Corpus Christi Economic Development Office. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, FY2002-03 capital budget. City Manager Garcia explained that the City Charter requires that staff present the Council with a capital improvement program (CIP) that outlines the capital budget, which specifies the projects planned for the current year as well as projecting future expenses. He noted that the city's needs are far in excess of the ability to fund them. He said staff has made changes to the proposed CIP, including increasing the amount of stormwater funding. Using a computer presentation, Mr. McDaniel reviewed the proposed capital budget. With regard to the short-range CIP (which incorporates the first three years of the 11 -year plan), staff added additional commercial paper revenues to fund additional utility projects. Also, there are sales tax revenues pursuant to the passing of those initiatives in November 2002. The short-range expenditures reflect an additional $10 million in year 3 (FY2004-05) because the Padre Island desalination project has been moved forward. There are also utility improvements related to marina development ($1 2 million) and the baseball stadium ($1.6 million), as well as the addition of the housing initiatives ($500,000 each in years 2 and 3) and the stadium ($15 million in year 2). Mr. McDaniel then discussed capital proj ects in several different funds. In the Airport short- range CIP, the major projects are the completion of the terminal construction in the current fiscal year as well as the landside roadway system construction. The largest project in that department's long-range CIP is the runway extension. He noted that all those projects are subject to future Federal Minutes - Regular Council Meeting December 10, 2002 - Page 5 Aviation Administration discretionary funding. The next department addressed was Park and Recreation. Mr. McDaniel said all of the short-range projects (several smaller ones) are in year 1; in addition, a few projects have been added to the long-range list, most of which will be funded through a bond issue. The Budget Director said the Public Facilities short-range CIP includes the multi-purpose arena facility, Bayfront Plaza Convention Center expansion, baseball stadium, affordable housing initiatives, and ADA 2002 facility improvements, which encompass all ofthe facility needs that were identified in an earlier draft of the ADA transition plan. He said the Public Facilities long-range projects could include a library expansion, Memorial Coliseum improvements, and others. With regard to Public Health and Safety, Mr. McDaniel said the short-range CIP includes the next phases ofthe seawall, sidewalk and marina bulkhead project as well as Packery Channel, Phase I of the public safety training facility, and finish -out of Phase 1 of the Animal Control facility. The long-range plan includes Phase 2 of the public safety training facility, a potential new fire station in the vicinity of Yorktown and Staples or Cimarron, and a police station expansion when the need arises, which will likely require future bond elections. Mr. McDaniel said the short-range CIP for Streets is primarily a continuation of the Bond 2000 projects and related utilities. He said there are 64 projects identified in the Streets long-range CIP totaling about $488 million, which does not include any associated utility relocations. In addition, Engineering Services has prioritized ADA improvements (curb cuts) by type of streets. He said that Assistant City Manager Margie Rose and Mr. Angel Escobar, Director of Engineering Services, have communicated that information to the Committee for Persons with Disabilities and they endorse the proposal. In the Gas Department, Mr. McDaniel said the short-range CIP contains the southside gas transmission main (Parts A, D and E), while the long-range plan contains the balance of that project (Parts B, C and F) as well as the compressed natural gas station. He said the Stormwater short-range CIP now includes $5 million per year (for a total of $15 million for the three years) that was not previously budgeted. He said those funds will be used for unidentified, unprioritized projects. Mr. Kinnison asked about the time line for bringing those project recommendations to the Council. Mr. Escobar said they should have it by the end of January 2003. Mr. Scott said projects that are on the long-range CIP, such as the Meadowbrook Subdivision drainage improvements, could be moved up. Mr. Kinnison asked how the $5 million per year affects the utility rates. Mr. McDaniel said it would involve 4% utility rate increases for the next three years (the current year contains 5% utility rate increases). Mayor Pro Tem Colmenero commented that Mayor Neal had to leave the meeting. He then asked about the Stormwater long-range CIP and Mr. McDaniel said it consists of a total of $55 million for the 11 years, although $68 million worth of projects are listed. He pointed out that what is not factored in is the upgrade of the design standards (level of protection), which could result in cost increases of 30% to 50%. In addition, the utility relocations are not included and additional projects may be added since the stormwater master plan is not completed. Mr. Scott added that the trust fund concept is not yet funded. Mr. Escobar said staff will bring recommendations to the Council on the design standards in mid-January. Minutes - Regular Council Meeting December 10, 2002 - Page 6 Council Member Kelly noted that the stormwater master plan is not scheduled to be completed until August 2003. He said there is an opportunity now to get some land drained south of Leopard Street and south of FM 624 with the current road projects. He said those ditches need to be identified and the property owners contacted so the ditches can be constructed in conjunction with the road projects. Mr. Escobar said staff is identifying the ditch width to accommodate the needed drainage as well as the property owners. Mr. Scott asked if staff will bring an allocation for the trust fund scenario. Mr. Kinnison said he thought that staff did not endorse that concept. Mr. Scott said the presentation included a series of meetings with the development community that was supportive of the total concept, which incorporates increased levels of protection and a funding mechanism for the off-site development costs. Mr. Garcia said the trust fund was designed as a way to provide resources for the city, in advance of development pressure, to incur expenses in order to preserve what would be future drainage channels. A brief discussion ensued. Mr. Garcia pointed out that there are several areas in the city that do not have adequate drainage because the city never acquired the necessary land to provide drainage. Mr. Scott asked what the development community agreed to. Mr. Escobar said that during the Council's November 18, 2002 workshop on stormwater issues, staff presented the recommendation of the Technical Advisory Group (TAG), which was that the city participate in the off-site drainage improvements. He said the developers would be willing to provide the additional funds to build the larger pipes and more inlets within the subdivisions. Mr. Escobar added that it is very important to reach agreement early next year on the level of protection issue because it impacts the rest of the stormwater discussions. Mr. Kinnison said the TAG's recommendation would be a dramatic change because it would involve more costs being shifted from home builders to the city. The next department discussed by Mr. McDaniel was Wastewater. He said the short-range CIP contains 46 separate projects while the long-range plan also contains several projects as well as the Broadway Treatment Plant construction (at $47 million alone). The largest cost in the Water short-range CIP is for various phases of the southside transmission main, which is also included in the long-range portion. Responding to Mr. Scott, Mr. Escobar said staff believes they can postpone the extension of the southside transmission main across the Laguna Madre because the need is not yet there; however, eventually the secondary feed will be needed. Mr. Garcia said that next week the Council will consider a consultant contract for the Padre Island desalination project. Mr. McDaniel said the Water Supply short-range CIP includes $10 million for land acquisition, routing plan and design of the Garwood pipeline (but not construction); in addition, the Padre Island desalination facility is included in FY2004-05. The Water Supply long-range plan consists only of the Garwood pipeline at $88 million, which was moved from year 25 to year 11. Mr. Scott asked when the desalination facility can be expected to be operational. Mr. Escobar said the aquifer assessment should be brought to the Council in March 2003. He said the proposed contract stipulates that there will be reliable service to Padre Island no later than the end of 2005. Mayor Pro Tem Colmenero called for public comment. Minutes - Regular Council Meeting December 10, 2002 - Page 7 Mr. J.E. O'Brien questioned the proposal to include $10 million in the CIP for the Garwood project. He said city staff uses the utility rate model to justify rate increases. He said the city recently paid for a study that showed there is ample water for 36 to 48 years. He said that the Garwood project will increase the raw water costs, which impacts users' utility rates. Mr. O'Brien said he does not think the cost of gas had that much influence on the excessive rate increases. Responding to a question from Mayor Pro Tem Colmenero, Mr. McDaniel said that water planning involves several years, particularly because it requires land acquisition and studies. He noted that the raw water cost is passed on to water users outside the city limits as well. Assistant City Manager Ron Massey said that if Corpus Christi does not utilize its water rights, the city has less of an argument to defend those rights if there are any legislative changes. He said the idea is to only invest to the extent of protecting the city's water rights until the water actually needs to be brought here. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Ordinance approving the FY2002-2003 capital budget in the amount of $229,913,200. The foregoing ordinance passed on first reading by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. * * * * * * * * * * * * * Mayor Pro Tem Colmenero referred to Item 17, a presentation regarding the 14th Annual "Feast of Sharing" HEB holiday dinner. Ms. Diana Garza, Assistant to the Mayor, said the dinner will be held from 11 a.m.-3 p.m. on Christmas Eve at the Bayfront Plaza Convention Center. Commenting on different aspects of the event were James Burnett, HEB; Cathy Coons, Volunteer Center; Leticia Ochoa, Senior Community Services; and Dee Haven, General Food Chairman. Also present was Terri Cardona, Bayfront Plaza Convention Center. * * * * * * * * * * * * * Mayor Pro Tem Colmenero called for consideration of the consent agenda (Items 7-14). There were no comments from the Council or the audience. City Secretary Chapa polled the Council: 7. M2002-400 Motion approving a supply agreement with Altivia of Houston, Texas in accordance with Bid Invitation No. BI -0016-03, for approximately 1,080 tons of liquid chlorine based on low bid for an estimated annual expenditure of $268,920. The term of the agreement shall be for twelve months with an option to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds have been budgeted in FY 2002-2003 by the Water Department. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, 1 Minutes - Regular Council Meeting December 10, 2002 - Page 8 Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 8. M2002-401 Motion approving a supply agreement with Comlink Wireless Technologies, Inc., of Grapevine, Texas for two-way radio batteries in accordance with Bid Invitation No. BI -0131- 02, based on low total bid for an estimated annual expenditure of $50,851.16. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. The batteries are used by various City departments. Funds have been budgeted in FY 2002-2003 by the using departments. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 9. M2002-402 Motion approving a supply agreement with SBC of Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $70,445.64. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -months periods subject to the approval of the supplier and the City Manager or his designee. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 10. RESOLUTION NO. 025123 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $57,060 to the State of Texas, Criminal Justice Division for Year 4 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 11.a. M2002-403 Motion adopting the timetable for the FY2003 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investments Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. Minutes - Regular Council Meeting December 10, 2002 - Page 9 11.b. M2002-404 Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 (Ordinance No. 21901). The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 12. M2002-405 Motion granting a permit to Sabco Operating Company to drill an oil or gas well located approximately six (6) miles seaward of the Corpus Christi Marina in Corpus Christi Bay, State Tract 53. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 13. RESOLUTION NO. 025124 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $131,018 to the State of Texas, Office of the Govemor, Criminal Justice Division, for funding eligible under the FY2002 Juvenile Accountability Incentive Block Grants Program to fund a program to reduce juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. 14. ORDINANCE NO. 025125 Ordinance approving the sale of surplus houses to be moved and authorizing the City Manager or his designee to execute an earnest money contract and bill of sale for all surplus houses available to be sold by sealed bid in connection with the McArdle Road street improvement project, Phase 3. An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal and Kelly absent. * * * * * * * * * * * * * Mayor Pro Tem Colmenero referred to Item 15 as follows: 15. Case No. 1102-01, Braselton Land Ventures, Inc.: A change of zoning from a "F -R" Farm - Rural District to a "R -1C" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 19, being 27.896 acres and .44 acres out of Lots 13 and 14, Minutes - Regular Council Meeting December 10, 2002 - Page 10 located on the north side of Wooldridge Road, approximately 1,650 feet east of Airline Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "RAC" One -family Dwelling District. He said Mr. David Underbrink of Naismith Engineering Inc. submitted a letter requesting that this zoning case be tabled until December 17, 2002. Mayor Neal returned to the meeting and a motion was made, seconded and passed to open the public hearing on Item 15. Mr. Garrett made a motion to table Item 15 to December 17, 2002; seconded by Mr. Kinnison and passed. 15. TABLED iciiduig tnc, Coning uioinaiicc u1)Oil apption l,y tn., UiaSc t,n.uigiiis tltu cuuuig .lisp 111 to 1/4.4 Sc�tio.l 19, Tloui Bluff a.d Lncival TaRA --. e wOunt tul aii� d�Oiati0u5 tldlll t!iC Custing 1,0u�t)i cllcnSi Jc 1"lair * * * * * * * * * * * * * Mayor Neal referred to Item 16 regarding proposed amendments to Article 24 of the Zoning Ordinance. A motion was made, seconded and passed to open the public hearing. There were no comments from the public. Mr. Scott made a motion to close the public hearing, seconded by Mr. Noyola and passed. City Secretary Chapa polled the Council for their votes as follows: 16.b. FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance by amending Article 24, Height, Area and Bulk Requirements by adding a category for One -Family Dwelling on Padre and Mustang Barrier Islands in an "AT" Apartment Tourist District; by including in this category the following minimum requirements: 20 -foot front yard, 5 -foot side and rear yards, 25 percent yard open space, 5,000 square foot lot, and 50 -foot lot width; and maximum requirements: none for height, 43, 560 square foot floor area per acre of lot area, 1.0 floor area factor, and 8.72 units per acre. 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 18, the 2002 citizen survey results. Mr. McDaniel said the survey was conducted by Dr. Dan Jorgensen, Assistant Professor of Public Administration at Texas A&M University -Corpus Christi, who introduced his graduate assistant, Ms. Adriana Salazar. Dr. Jorgensen said this year's survey was conducted via the telephone from September 3-25, 2002, by TAMU-CC students under his and Ms. Salazar's direction. He said there were initially 34 Minutes - Regular Council Meeting December 10, 2002 - Page 11 questions which covered services and quality of life issues. Those questions were included in previous city surveys conducted in 1994, 1998 and 2001. He said the 2002 survey also included questions with regard to citizens' attitudes toward city workers and their performance, planning issues regarding a possible 2004 bond issue, and general demographic information. Dr. Jorgensen said the purpose of the survey was to report citizens' attitudes toward the performance of: public safety, transportation, parks and recreation, housing, public health and social services. He said the respondents' demographics were very similar to those of the city in general, which results in a 95% confidence level and 41/2 percentage points plus or minus that this is a very reliable survey. He said that 67% of those who responded felt the overall quality of the services they were receiving from the city were "good" to "excellent." Dr. Jorgensen said the departments with the highest levels of satisfaction for 2002 were: fire protection, 86%; providing water services, 84%; garbage collection, 81%; emergency medical services, 80%; police protection, 79%; providing wastewater services, 79%; helping citizens to conserve water, 75%; and vector control, 71%. Of the 34 city service areas, 27 show positive growth rates in response to the satisfaction levels. On the other end of the scale were the areas showing low levels of satisfaction toward city services: attracting new employers to the community, 70%; helping existing employers to grow, 63%; street repair and maintenance, 57%; requiring property owners to maintain property, 52%; providing adequate recreation programs, 45%; animal control, 43%; new street construction, 43%; and the condition of city parks, 41%. Summarizing this year's results, Dr. Jorgensen said high levels of satisfaction are found in the service areas and low levels of satisfaction are noted in the quality of life areas. He said there is a widening gap between those who are satisfied and those with low levels of satisfaction. New to this year's survey was a series of questions trying to ascertain how residents felt about city employees. He said that citizens who have had contact with city employees have strong positive impressions of them as the most common response was "excellent" at 40.2% followed by "good" at 33%. With regard to future planning issues (such as a possible 2004 bond issue), the respondents gave a slight edge to favoring improvements over new facilities. Dr. Jorgensen then discussed the favorable ratings in rank order. Respondents indicated they wanted to see improvements in the following areas: police/fire stations, drainage, street repair, disability access, senior centers, recreation centers, libraries and parks. New facilities were listed as follows: recreation centers, senior activity centers, police substations, drainage facilities, fire stations, libraries, swimming pools, athletic fields and parks. Responding to Council members' questions, Dr. Jorgensen said the survey did not discuss ways to fund those improvements or new facilities. Dr. Jorgensen said residents seem to be concerned about quality of life issues such as: new employment opportunities; economic development (bayfront improvements); recreation facilities for juveniles and senior citizens; and economic development. He said citizens tend to favor spending bond issue proceeds to increase these quality of life services in Corpus Christi. Council Member Kelly asked about the responses to police and fire protection, and Dr. Minutes - Regular Council Meeting December 10, 2002 - Page 12 Jorgensen said that the way the questions were asked, there is no way to empirically account for the responses. He said they received trend data on attitudes toward services rather than how to improve services. Mr. Kelly said that attracting employers to the community has been an important issue to the Council and the survey indicated low satisfaction in that area. Responding to Council Member Colmenero, Dr. Jorgensen said they trained the persons who conducted the survey to try to make it as empirically rigorous as possible without attempting to lead people into responses. He said they started with a random sample of 3,000 city residents; 470 was their target to ensure that they fell within the parameters of previous surveys. Ms. Salazar said most citizens were willing to express their attitudes about city services. Council Member Kinnison said the survey was being conducted at the same time as the election ads were running. Dr. Jorgensen said that would explain the polarization of the responses; i.e., fewer people giving responses of "not sure." Council Member Noyola said he found it interesting that citizens favor police, fire, drainage improvements, street repairs, senior and recreation center improvements, and employee services. Mayor Neal asked if the city will conduct this survey annually and City Manager Garcia replied affirmatively. The Mayor said that since the 1998 survey, there have been huge improvements in city services and he thanked the city employees for their efforts. *********** Mayor Neal opened discussion on Items 21, 22 and 23 pertaining to the Frost Bank building renovations and chillers at City Hall. Ms. Lee Ann Dumbauld, Finance Director, explained that this involves approving a note with Zion's Bank, which was one of two bidders the city received and which Mr. Seal has analyzed. She said this is a seven-year short-term certificate of obligation, which is backed by the full faith and credit of the city. She said they will be making annual debt service payments through the budget process. The Mayor asked about the term "Texas tax note." City Attorney Bray said it is one of the different kinds of debt authorized by the Legislature. City Manager Garcia said this form of debt recognizes that cities have a number of different projects that are ongoing at any given time and they need to do short-term borrowing in small amounts. Ms. Dumbauld said this is significant because the city is amortizing the amount over seven years rather than the traditional 20 or 25 years. She said they are receiving 3.68% interest on this note, which is also allowing staff to pay off a much higher note that is outstanding at 8.425%. Responding to Council Member Kinnison, Ms. Dumbauld said the document which replaces the draft document in the agenda material on Item 21 includes the cost of issuance. She said if they do not spend all of the amount allocated for issuance cost, they will apply it to debt service at the first payment. She added that this will conclude the financing to get the One -Stop Development Center completed. Mayor Neal asked how this will be charged to the different city departments. Mr. McDaniel said that more than likely it will become part of the debt service fund and there will be an allocation Minutes - Regular Council Meeting December 10, 2002 - Page 13 back to the General Fund, which would then be picked up by the respective departments similar to a lease payment. Council Member Scott asked about the time line on the One -Stop Development Center. Mr. Kevin Stowers, Assistant Director of Engineering Services, said they should have an idea on the opening date by this month or the beginning of January. He said some asbestos material had to be removed and the contractor could not operate while that was occurring. He said staff has been pressuring the contractor to make up that time as much as possible. Mr. Scott asked that the Council be informed of the opening date as soon as staff is aware of it. Council Member Garrett pointed out that the chiller is for City Hall and not the Frost Building. Mr. Stowers replied affirmatively. Mayor Neal called for public comment. Mr. J.E. O'Brien said this results in another increase in the budget and more debt. He said that in 1979 the total revenue bond indebtedness amounted to just under $16 million. Today he estimates that number is over $600 million He said he hopes the interest rate on these notes is significantly lower than the previous note. Mayor Neal said it is 3.68%, which is lower than the commercial paper and bond rates. Council Member Chesney asked staff to discuss the city's indebtedness. Ms. Dumbauld said that based on staffs recent presentations to the rating agencies, they have been extremely impressed with the progress the city has made. She added that the agencies are very comfortable with the city's current debt load and future plans in the utility area and the arena. She said they also are aware that the General Fund debt will be coming down soon. Mr. Chesney pointed out that some of the debt referred to by Mr. O'Brien is voter -approved debt. He added that debt is necessary for growth. Council Member Scott said an example of spending money appropriately is Item 25 which involves spending almost $9 million to maintain a clean water supply. Mr. Garcia said part of the reason the city conducts a survey is to determine citizens' level of satisfaction with the services they receive and how staff is managing the city. Mayor Neal said that within the last five years, the majority of the debt the city has incurred has been in the utility area. Assistant City Manager Jorge Cruz-Aedo agreed, saying that a large amount of debt is for the Mary Rhodes Pipeline in order to provide an adequate water supply. He said some of the debt is tax supported and other debt is supported by the city's fees and revenues. The Mayor said the rating agencies have said the city's debt ratio is well within the tolerance levels. Mr. Cruz-Aedo said the city's bond ratings have continued to increase. Responding to Council Member Colmenero, Mr. Cruz-Aedo said the One -Stop Development Center has been planned for many years and this is a smart business deal. Mr. Kinnison said Corpus Christi's debt on a per capita basis is fairly low and many capital needs have been deferred for years and they are now being addressed. City Secretary Chapa polled the Council for their votes: 21. ORDINANCE NO. 025126 Ordinance authorizing the issuance of City of Corpus Christi, Texas Tax Notes, Series 2002 in the amount of $2,150,000 for the purpose of paying contractual obligations incurred or to Minutes - Regular Council Meeting December 10, 2002 - Page 14 be incurred for the renovations of the former Frost Bank building (creation of Emergency Operations Command Center and One -Stop Development Center) and for the purchase and installation of chillers at City Hall. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 22. ORDINANCE NO. 025127 Ordinance appropriating $2,050,000 from the sale of City of Corpus Christi, Texas Tax Notes, Series 2002 in the No. 5110 Maintenance Service Fund; for purpose of paying contractual obligations incurred or to be incurred for the renovations of the former Frost Bank building (creation of Emergency Operations Command Center and One -Stop Development Center), and for purchase and installation of City Hall chillers; transferring $508,880 to the No. 3160 City Hall Capital Improvement Program Fund to reimburse funds transferred under Ordinance 025051 for the One Stop Development Center; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $2,050,000. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23. M2002-407 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $559,214 with Malek Inc. of Corpus Christi, Texas, for the City Hall chiller replacement - Phase 1. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 24, commercial paper note program dealer. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 24. RESOLUTION NO. 025128 Resolution approving Morgan Stanley & Company Incorporated as dealer for the City's Utility System Commercial Paper Note Program, Series B, and authorizing the City Manager to negotiate a dealer agreement with said firm. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Minutes - Regular Council Meeting December 10, 2002 - Page 15 Mayor Neal opened discussion on Item 25, water treatment plant wash water system. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 25. M2002-408 Motion authorizing the City Manager or his designee to execute a construction contract with Laughlin -Thyssen Inc. of Houston, Texas, for a total fee not to exceed $8,920,125 for the O.N. Stevens Water Treatment Plant wash water system, Phase 2 (filter drain, yard piping, filter to waste) project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said that December 17, 2002, is the last Council meeting of the year and it will have a heavy agenda, which he described. He suggested the meeting start at noon and the Mayor agreed. Mr. Garcia also said that Corpus Christi is one of three finalists identified by the Texas Water Development Board for a state desalination project. Mr. Massey said he will attend a meeting of that board tomorrow to further discuss it. Mr. Kinnison said they are not making any commitment by the water users of this area to fund this full project. Mr. Garcia said they are indicating a desire to explore the possibility. He said Corpus Christi is in a unique situation among the finalists in that the city has adequate reserves. He said they are talking about being part of a regional solution for many other cities that are in desperate need of additional water supplies. However, he said they are not talking about spending any municipal resources at this point in developing this facility. Mr. Garcia also updated the Council on the Landry's negotiations. He said they met with Landry's representatives about two weeks ago and reached an agreement as to what issues are outstanding, which include the rent provision and areas covered by the management agreement. He said they plan to have another meeting at the beginning of next week. Mayor Pro Tem Colmenero called for Council concerns and reports. Mr. Chesney said the next meeting of the Friends of the Park is January 9, 2003 at 5:30 p.m. on the 6th Floor of City Hall and a town hall meeting is planned in January. He said he was not able to attend the Douden Park dedication because he was at the hospital with his wife and newborn son. He also said he attended a ribbon -cutting of the new Career Center School. Mr. Garrett asked if the executive session regarding construction will address the fire station on Hwy. 361. Mr. Garcia said it will. Mr. Garrett said a citizen on Troy Street reported that they were able to correct a flooding problem on their street by pulling a garbage can out of the storm inlet. Mr. Garrett also commented on the poor condition of Wooldridge Road between Airline and Rodd Field. Mr. Scott said he received a call from Ms. Sally Hunt, whose home was hit by the tornado and she is seeking city assistance. He also asked about the park equipment on the island. Mr. Dan I Minutes - Regular Council Meeting December 10, 2002 - Page 16 Whitworth, Director of Park and Recreation, said that Nueces County staff have arranged for the city to construct additional fencing in an area not being used by the county so the city can park its beach cleaning and solid waste equipment there. Mr. Scott thanked Mr. Whitworth, County Commissioner Joe McComb and Commissioner -Elect Chuck Cazalas for their assistance. Mr. Garrett said he wants it to be clear that while they will be moving the police operation out of the public safety building on the island, it will not have any effect on the police protection there and that two beats will remain. Mayor Pro Tem Colmenero said the Council is invited to a holiday reception on December 13, 2002. He said that also on December 13, the Mexican Consulate from San Antonio will be in Corpus Christi to make an announcement regarding the local office. He also requested information regarding the street resurfacing projects. Mr. Chesney said he and Mr. Kelly toured the public access studio and he asked Ms. Susan Cable, Director of E -Government Services, to discuss issues related to the studio. She replied that the day of that tour, the studio had a temporary permit and have scheduled the final work -through for the rest of the permitting process. Ms. Cable said that a Cable Communications Commission meeting has been scheduled for December 16, 2002, and a letter is being sent to all the Channel 10 public access producers encouraging them to attend. Mr. Noyola asked if the problem at the Greenwood Senior Center has been resolved and Mr. Whitworth said it has been and he is sending a letter to the Council. Mr. Noyola said a citizen contacted him about problems with a heater installed in his mother's home. Mr. Garcia asked Mr. Noyola to provide him with the details. Mr. Noyola asked Mr. Garcia to provide information about reimbursements referred to by Mr. Jack Gordy. Mr. Garcia said staff compiled a list of all reimbursements he has received in his four years as City Manager. Mr. Noyola said he does not need the whole list, just the ones mentioned by Mr. Gordy. Mr. Kelly said he has heard that some people are having trouble getting their tapes aired on the public access channel. Ms. Cable said there have been some communication problems between the Public Access Users Group (PAUG) and Time Warner Cable. She said that after the Council approved the franchise agreement and the new rules and procedures in August 2002, there was a 90 - day transition period where Time Warner did not enforce the rules and procedures regarding such things as the delivery of tapes and airing of programs. However, Time Warner is now enforcing the rules and it is the PAUG's responsibility to administer them. Mr. Kelly said he is growing increasingly frustrated by this situation. Deputy City Manager Noe said city staff is making an extra effort to facilitate communication in an area where the city is really not responsible—the PAUG is supposed to work with the users and provide the tapes to Time Warner. A brief discussion ensued and Mr. Garcia suggested that they ask representatives of both Time Warner and the PAUG to discuss these issues at a Council meeting. Mayor Pro Tem Colmenero called for petitions from the audience. Mr. Tom Smith, 3102 Fair Oaks, said that the Jackson Woods neighborhood between McKinzie and Violet Road has had flooding problems over the last 11 years. He said city crews have been very courteous and prompt when he has called them. Minutes - Regular Council Meeting December 10, 2002 - Page 17 Mr. Jack Gordy, 4118 Bray, said the public access studio had to pay a $300 fine because they had already made improvements without first obtaining the proper permit. He said that during the November 19, 2002, Council meeting he referred to the employee benefit fund and Mr. Garcia said there was no such fund although there is one. He said he also submitted an open records request regarding Mr. Garcia's reimbursements with specific dates. Mr. Gordy also said that in 12 months the Council approved spending $712,576.77 for outside legal counsel. City Attorney Bray replied that the city maintains a city staff of lawyers to handle a certain level of business and litigation. However, outside counsel is sometimes necessary to handle cases that require much more time and specialization, which is more economical than staffing for many kinds of contingencies. Mr. Kelly said the reason for seeking outside counsel has been appropriate based on the level of specialization required at the time and he complimented Mr. Bray and his staff. Ms. Norma Urban, President of the Downtown Management District, said that a few weeks ago the DMD and downtown business owners held a press conference to draw attention to flooding problems that have occurred there. She also distributed informational packets to the Council and she read a resolution passed by the DMD board urging the city to hire an engineering firm within the next 60 days to study and make specific recommendations for remediation in the downtown area and to move forward with a funding mechanism and implementation of those recommendations. Mr. R.F. Hasker, 1813 Wallace, discussed the city's indebtedness and he said that flooding has been occurring throughout the city for years but nothing has been done about it. He said more attention is being paid to the downtown flooding. Ms. Barbara Whiteside, 537 Vaky St., also complained of extensive flooding on her street. She said sometimes children have to walk in the street because the sidewalks flood as well. She said she would be willing to pay for drainage improvements. Mr. Jerome Bradford, Vice President of PAUG and NUPAC, said there have been many things said about the public access situation that are not true. He explained how PAUG and NUPAC assist the public access users. He said he hopes they can all discuss these concerns and resolve them. Ms. Sherry Dunlap, President of Corpus Christi Animal Rights Effort, said that due to the recent hiring of the new Animal Care and Control Director, they are forced to start all over again in rebuilding all the accomplishments they have made. She said she had prepared a letter to the Civil Service Board requesting a review hearing of the recent appointment of Ms. Cherrie Stunz as the new director but it never reached the Civil Service Board. She said she was informed by Human Resources that there was no justification for a hearing. She asked the Council to review the packets she provided and to urge staff to look into the situation. Ms. Cruz Colomo said she is organizing a coat drive and sponsorships for lunches for Driscoll Middle School. She asked the Council for their support. She also commented on problems the public access users have experienced. There being no further business to come before the Council, Mayor Pro Tem Colmenero adjourned the Council meeting at 5:30 p.m. on December 10, 2002.