Loading...
HomeMy WebLinkAboutMinutes City Council - 12/17/20021 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 17, 2002, which were approved by the City Council on January 14, 2003. WITNESSETH MY HAND AND SEAL, this 14th day of January 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 17, 2002 - 12:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Brent Chesney* Henry Garrett Bill Kelly* Rex A. Kinnison John Longoria Jesse Noyola* Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa First Assistant City Attorney Jay Reining Assistant City Secretary Mary Juarez 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 Kinnison. 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 ofthe minutes ofthe regular Council meeting of December 10, 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 the following construction contracts: Corpus Christi Animal Shelter and Vector Control Facility Re -Bid - Project No. 5117; Mustang Island Fire and Parks & Recreation Station - Project No. 5114; Improvements to Fire Stations (ADA - Coed) - Project No. 5115, with possible discussion and action related thereto in open session. 3. Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi v. Texas Municipal League Intergovernmental Risk Pool and Texas Municipal League Joint Self Insurance Fund, No. 01-00327-D, 105th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 4. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and 551.087 regarding acquisition and development ofa 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. 5. Executive session pursuant to Texas Government Code Section 551.071 regarding Corpus Christi 's Sexually Oriented Business Ordinance, with possible discussion and action related thereto in open session. 6. Executive session pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible Minutes - Regular Council Meeting December 17, 2002 - Page 2 discussion and action related thereto in open session. 7. Executive session pursuant Texas Government Code Section 51.071 regarding Five Citizens of Corpus Christi v. City of Corpus Christi et al, No. 00-275-G, 319th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. *Council Members Chesney, Kelly and Noyola arrived at the meeting. The Council returned from executive session. * * * * * * * * * * * * * Mayor Neal referred to Item 8 and the following board appointments were made: Electrical Advisory Board Martin Adrian (Reappointed) Miguel Carranco (Reappointed) John Horner (Reappointed) Charles Sebbert (Reappointed) Robert Connoly (Reappointed) Joe Hernandez (Reappointed) Community Youth Development Advisory Committee Cynthia Ann Rodriguez * * * * * * * * * * * * * Mayor Neal deviated from the regular agenda and opened discussion on Item 45, hockey lease. Deputy City Manager Noe distributed one page from the exhibit of the current lease agreement (Subsection 5) which describes the process for the Western Professional Hockey League (WPHL) to assign the franchise to a new franchisee in the event of a default by the original franchise holder. He said the Council received a letter in their agenda packets from the WPHL outlining the actions they have taken and their recommendation of the transfer of the lease agreement to WD Sports Texas Inc. Mr. Noe said that today the city received a check from WD Sports for the total amount of the outstanding lease payment. He said the financial review by WPHL includes liquidity in excess of the league's standards, which is $1.5 million. City Manager Garcia said that city staff has independently verified the background of WD Sports. Mr. Rick Kozuback said he is President and CEO of Global Entertainment Corporation, which owns the Western Professional Hockey League (now doing business as the Central Hockey League). He said they are very happy to do business with Mr. Doug Frank, the principal in WD Sports Texas Inc., and feel fortunate that they are able to make a relatively seamless transition of the franchise. He spoke positively about the support of the business community and the season ticket holders and he introduced Mr. Frank. Mayor Neal said this has been a very popular franchise and the city is hoping the IceRays will be one of the anchor tenants in the new arena. Responding to Council Member Kinnison, Mr. Frank said they intend to discuss their involvement in the new arena as quickly as possible. Council Member Chesney said this is a quality of life issue and he welcomed Mr. Frank to Corpus Christi. Minutes - Regular Council Meeting December 17, 2002 - Page 3 Council Member Longoria asked about the term of the lease. Mr. Noe said the franchise has indicated its desire to extend the lease through the end of July 2008. Mr. Longoria asked if the city is obligated to keep Memorial Coliseum open through 2008. Mr. Noe said that under the current agreement, if the city opens a new facility, the franchisee has the opportunity to cancel the coliseum lease once the terms have been worked out for the arena. Mr. Garcia said there are options available to the franchise holder as well as the city. Mr. Noe said that in talking to representatives of both the league and the franchise, they recognize that it will be important to move to the new arena. Mr. Longoria requested information about the plans for the coliseum's use. Council Member Scott complimented the IceRays and WD Sports Texas, adding that the Council hopes they can negotiate an agreement with the city for the use of the new arena. There was no other public comment. City Secretary Chapa polled the Council for their votes as follows: 45. ORDINANCE NO. 025152 Ordinance approving assignment of the "Lease Agreement" (Ordinance No. 022967) to WD Sports Texas Inc. 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 called for consideration of the consent agenda (Items 9-34). City Secretary Chapa stated that Items 34.1.a. and 34.1.b. were added as supplemental agenda items. He also announced the following abstentions: Mr. Scott on Item 26 and Mr. Noyola on Items 15 and 30. Mr. Chapa said Item 27 was withdrawn by staff and the Mayor said Item 28.a. needed to be amended. A member of the public asked that Item 34 be discussed and Council members requested that Items 10, 11, 21 and 33 be discussed. Mr. Chapa polled the Council for their votes as follows: 9. M2002-409 Motion approving supply agreements with the following companies for the following amounts for reformulated gasoline, regular gasoline, and low sulphur diesel fuel, in accordance with Bid Invitation No. BI -0017-03, based on low bid. The term of the supply agreements shall be for twelve months, with options to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Oil Patch Petroleum, Inc. Corpus Christi, Texas Low Sulphur Diesel Fuel $706,976.21 Susser Petroleum Corpus Christi, Texas Reformulated Gasoline Regular Gasoline - Commercial Locations $573,718.67 Grand Total: $1,280,694.88 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting December 17, 2002 - Page 4 12. M2002-412 Motion approving a maintenance agreement with Medtronic Physio -Control Corporation of Redmond, Washington, for testing and calibrating of automatic external defibrillators for the Fire Department -EMS, based on sole source, for a total amount of $26,296. Funds have been budgeted by the Fire Department in FY2002-2003. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13. M2002-413 Motion authorizing the City Manager or his designee to enter into a three-year lease with Xerox Corporation of Austin, Texas, for twelve copiers in accordance with the State of Texas Cooperative Purchasing Program for an estimated three-year expenditure of $160,032.96. The copiers will be used by Police, Development Services, EOC, Museum and Animal Control. Funds have been budgeted by the using departments in FY2002-2003 and will be requested for all subsequent budget years. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14. M2002-414 Motion authorizing the City Manager or his designee to execute Amendment No. 8 in the amount of $165,665 with RVE Engineering Inc. of Corpus Christi, Texas, for engineering services associated with Corpus Christi International Airport roadway and parking lot improvements. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 15. M2002-415 Motion authorizing the City Manager or his designee to execute Amendment No. 13 to the architectural/engineering services contract with M. Arthur Gensler Jr. and Associates Inc. of Houston, Texas, in the amount of $363,158 for design and construction phase services associated with the build out of additional retail space, the federal inspection station, and Transportation Security Administration offices for the Corpus Christi International Airport terminal project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 16. M2002-416 Motion authorizing the City Manager or his designee to execute a consultant contract with Minutes - Regular Council Meeting December 17, 2002 - Page 5 Naismith Engineering Inc. of Corpus Christi, Texas, for a total fee not to exceed $251,030 for the Clarkwood north lift station and force main. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 17. M2002-417 Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner Moseley and Associates of Corpus Christi, Texas, in the amount of $124,380 for the southside gas transmission main, Park A - Oso Creek crossing at South Staples Street. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 18. M2002-418 Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner Moseley and Associates of Corpus Christi, Texas, in the amount of $282,700 for the Corpus Christi ship channel utility crossing. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 19. M2002-419 Motion authorizing the City Manager or his designee to execute an engineering services contract with Urban Engineering of Corpus Christi, Texas, in the amount of $1,824,742 for the southside transmission water main, Phases 4, 4a, and 5. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 20. M2002-420 Motion authorizing the City Manager or his designee to execute a consultant contract with Smith, Russo and Mercer of Corpus Christi, Texas, for a total fee not to exceed $256,600 for the Oso water reclamation plant structural/process improvements- clarifier bridges/aeration basin/fine bubble diffuser. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 22.a. M2002-422 Motion authorizing the City Manager or his designee to accept a $8,109.64 grant from the Minutes - Regular Council Meeting December 17, 2002 - Page 6 Federal Emergency Management Agency (FEMA) for the repairs to the Salt Water Barrier Dam caused by the July 2002 floods, with a city match of $2,422.36 in the No. 4010 Water Fund. The total project cost is $10,532. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 22.b. ORDINANCE NO. 025132 Ordinance appropriating $8,109.64 from the Federal Emergency Management Agency in the No. 4010 Water Fund for repairs to the Salt Water Barrier Dam caused by the July 2002 floods. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23. M2002-423 Motion authorizing the City Manager to execute an agreement with the Corpus Christi Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 24. M2002-424 Motion approving the allocation of $92,500 to fund a total of 17 arts and cultural organizations for arts projects for FY2002-2003. General Fund and hotel/motel tax funding is authorized in the FY2002-2003 Budget. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.a. M2002-425 Motion authorizing the City Manager or his designee to accept the notification of intent to contract with the Area Agency on Aging for the continuation of the Elderly Nutrition Program grant for FY2003. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.b. M2002-426 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $219,600 and execute a contract with the Texas Department of Human Services for the Minutes - Regular Council Meeting December 17, 2002 - Page 7 FY2003 Title XX Meals on Wheels program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.c. ORDINANCE NO. 025133 Ordinance appropriating a grant in the amount of $219,600 from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the Title XX Meals on Wheels program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.d. M2002-427 Motion authorizing the City Manager or his designee to accept an additional $20,160 from the Texas Department of Human Services for the FY2002 Title XX Meals on Wheels program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.e. ORDINANCE NO. 025134 Ordinance appropriating a grant in the amount of $20,160 from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the FY2002 Title XX Meals on Wheels grant period. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.f. M2002-428 Motion authorizing the City Manager or his designee to accept an additional $14,158 from the Area Agency on Aging for the FY2002 Elderly Nutrition Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.g. ORDINANCE NO. 025135 Ordinance appropriating a grant in the amount of $14,158 from the Coastal Bend Council of Governments - Area Agency on Aging in the No. 1050 Federal/State Grants Fund for the FY2002 Elderly Nutrition Program grant period. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Minutes - Regular Council Meeting December 17, 2002 - Page 8 Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.h. ORDINANCE NO. 025136 Ordinance transferring $829,144 from the No. 1020 General Fund to the No. 1050 Federal/State Grants Fund; appropriating $829,144 in the No. 1050 Federal/State Grants Fund as matching funds for the Senior Community Services Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 25.i. ORDINANCE NO. 025137 Ordinance transferring $70,539 from the No. 1020 General Fund to the No. 1050 Federal/State Grants Fund; appropriating $70,539 in the No. 1050 Federal/State Grants Fund as matching funds for the Senior Community Services Program and related grant projects in the Park and Recreation Department. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 26. ORDINANCE NO. 025138 Ordinance approving the sale of a former city park known as Tuloso Park with platted description of Lot 38R, Block 1, Tuloso Estates Subdivision, located on Timberline Drive for $30,500 received by Flint Hills Resources, LP, by sealed bid and authorizing the City Manager or his designee to execute a special warranty deed for the sale and conveyance of the subject 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. 27. WITHDRAWN usulu n aut11ot izing"t1i C S. iicc to GxcGutc an u1fc110caI cuupcl dhoti a!V'1 Upelation 0playgiowl tb. 28.b. M2002-429 y luwpcuuc 01 LIDLI ILL 101 UN. L.u11.5L1 uc l011 all Motion authorizing the City Manager or his designee to execute a construction contract with Paula Construction Inc. of Cleveland, Texas, in the amount of $124,591.95 for the Corpus Christi North Beach shoreline protection/habitat restoration. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting December 17, 2002 - Page 9 29. RESOLUTION NO. 025141 Resolution authorizing the City Manager or his designee to apply to the Criminal Justice Division of the Governor's Office for a one-year $250,000 Title V delinquency prevention grant to enhance Municipal Court processing and tracking of status offenders and Juvenile Assessment Center case management services to at -risk youth. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 30. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute an amendment to the five rental car concession 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 allowing for the collection ofa customer facility charge in an amount not to exceed $1.00 per rent car contract day to reimburse and pay for capital improvement projects approved by the Director of Aviation at the Corpus Christi International Airport. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 31. ORDINANCE NO. 025141 Ordinance authorizing the City Manager or his designee to execute a five-year lease with Jesus Joe Mondragon, doing business as Corpus Christi City By the Sea Girls Fast Pitch League, for the use ofa portion of Botsford Park for its softball program and in consideration of Corpus Christi City By the Sea Girls Fast Pitch League maintaining the premises and improvements. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 32. ORDINANCE NO. 025142 Ordinance authorizing the City Manager or his designee to execute a five-year lease with Jesus Joe Mondragon, doing business as South Texas Pop Warner Youth Football Central Corpus Christi Association for the use ofa portion of Botsford Park for its football program and in consideration of South Texas Pop Warner Youth Football Central Corpus Christi Association maintaining the premises and improvements. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Minutes - Regular Council Meeting December 17, 2002 - Page 10 Mayor Neal opened discussion on Item 10, right-of-way strip mowing services. Responding to Council Member Colmenero, Mr. Mike Barrera, Procurement and General Services Manager, said that this supply agreement will result in a 20% increase in the amount of acreage being mowed. He said the areas include the central/west side of the city almost up to Flour Bluff. Mr. Barrera said staff feels this contractor will be able to maintain the mowing to the city's standards. Assistant City Manager Ron Massey added that the previous contractor defaulted (coincidentally during the recent heavy rains) and the work was done in-house. He said this contract includes some Texas Department of Transportation rights-of-way for which the city is responsible through previous maintenance agreements; however, most of this contract is for city rights-of-way. City Secretary Chapa polled the Council for their votes as follows: 10. M2002-410 Motion approving a supply agreement with Materials Handling Services of Corpus Christi, Texas, for improved right-of-way strip mowing in accordance with Bid Invitation No. BI - 0002 -03 based on low total bid for an estimated annual expenditure of $287,500.55. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Storm Water Department in FY 2002-2003. 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 11, government access channel. Mr. Colmenero asked if these actions will enhance the current services. City Manager Garcia explained that in its administration of Cable Channel 20 (government access channel), the city has been greatly limited due to its inability to change out programming. He said this software will allow city staff to program the channel themselves as well as use an electronic bulletin board. City Secretary Chapa polled the Council for their votes as follows: 11.a. ORDINANCE NO. 025130 Ordinance appropriating $23,995 from the Fund Balance of the No. 1020 General Fund into the No. 1020 General Fund for purchase of EdgeCastNET System to produce and playback programming on Government Access Channel; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $23,995. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.b. M2002-411 Motion authorizing the City Manager or his designee to purchase an EdgeCastNET software Minutes - Regular Council Meeting December 17, 2002 - Page 11 system from Alpha Video Inc. of Edina, Minnesota, in the amount of $23,995 to allow the City of Corpus Christi's Public Information Office to produce and schedule programming for CCTV (Government Access/Channel 20). 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 21, Drainage Channel 31 Trust Fund. Council Member Kelly said he wished to point out that Channel 31 was an innovative way of making previously undevelopable land usable. The property owners then charged users of the drainage ditch as they tied into it to help pay for its construction. City Secretary Chapa polled the Council: 21.a. ORDINANCE NO. 025131 Ordinance appropriating $15,629 from Barclay Grove Unit 7 developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 024130 which appropriated the trust funds by adding $15,629 to the No. 6010 Drainage Channel 31 Trust Fund. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 21.b. M2002-421 Motion approving payment of $15,629 developers contribution from Barclay Grove Unit 7, from the No. 6010 Drainage Channel 31 Trust Fund to Mark Bratton, Trustee, for disbursement to the appropriated Funding Owners, in accordance with the offsite drainage development contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal said he had his question answered on this item and did not need to discuss it. City Secretary Chapa polled the Council for their votes as follows: 33. ORDINANCE NO. 025143 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 Minutes - Regular Council Meeting December 17, 2002 - Page 12 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 second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 28.a. regarding the Coastal Bend Bays and Estuaries Program. City Secretary Chapa read the caption of the following amended ordinance. There were no comments from the audience. A motion was made to amend Item 28.a. as read by Mr. Chapa and it passed. Mr. Chapa then polled the Council on the item as amended: 28.a. ORDINANCE NO. 025139 Ordinance authorizing the City Manager or his designee to execute Amendment No. 3 with the Coastal Bend Bays and Estuaries Program Inc. to increase the reimbursement contract from $85,000 to $125,000 and appropriating an additional $40,000 from the Coastal Bend Bays and Estuaries Program in the No. 1050 Federal/State Grants Fund for Corpus Christi Beach shoreline stabilization - habitat creation project. An emergency was declared and the foregoing ordinance passed, as amended: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ************* Mayor Neal referred to Item 35, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 35. 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, 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 "R -1C" One -family Dwelling District. No one appeared in opposition to the zoning change. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Longoria, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 025146 Amending the Zoning Ordinance upon application by the Braselton Land Ventures, Inc. by changing the zoning map in reference to 27.896 acres and .44 acres out of Lots 13 and 14, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural Dwelling District to "R -1C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Minutes - Regular Council Meeting December 17, 2002 - Page 13 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 36, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 36. Case No. 1102-02, Richard P. Hesse: A change of zoning from a "F -R" Farm -Rural District to a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 25, being 9.8005 acres out of Lots 15 and 16, located on the northeast corner of Rodd Field Road and Yorktown Boulevard. City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, which was seconded and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 025147 Amending the Zoning Ordinance upon application by Richard P. Hesse by changing the zoning map in reference to 9.8005 acres out of Lots 15 and 16, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 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 37, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 37. Case No. 1102-04, Brighton Park Associates: A change of zoning from a "F -R" Farm -Rural District to a "B-1" Neighborhood Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 20, being 5.014 acres out of Lots 13 and 14, located on the west side of Airline Road, approximately 650 feet south of Downing Street. City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 025148 Amending the Zoning Ordinance upon application by Brighton Park Associates by changing Minutes - Regular Council Meeting December 17, 2002 - Page 14 the zoning map in reference to 5.014 acres out of Lots 13 and 14, Section 20, Flour Bluff and Encinal Farm and Garden Tracts from "F -R" Farm -Rural District to `B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 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 38, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 38. Case No. 1102-05, David W. & Elaine R. Hoffman: A change of zoning from a "R -1B" One - family Dwelling District to a "RE" Residential Estate District on Flour Bluff and Encinal Farm and Garden Tracts, Section 49, being 10 acres out of Lot 31, located on the north side of Glenoak Drive, approximately 500 feet west of Retta Drive. City Secretary Chapa said the Planning Commission and staff recommended approval of a "RE" Residential Estate District. Mr. Michael Gunning, Planning Director, said the applicant submitted a request to have this case tabled until the next Council meeting on January 14, 2003. He said the two property owners on both sides of the subject property are opposed to the rezoning and they constitute more than 20% of the landowners. He said the applicant is proposing to down -zone the property from single family to an "RE" Residential Estate District in order to develop the property with eight single-family, large -acre lots. He said the applicant intends to visit with the neighbors to explain his proposal in hopes they will remove their opposition. Mr. Longoria made a motion to table Item 38 to January 14, 2003, seconded by Mr. Chesney and passed. TABLED 1aub'1116 Llw c 5 Map 1u 11d\d1,M.A.. Lu 1v aLiw uut ut 1.u1 J 1, owuvu 't7, 1 1VU1 U1u11 all • ]1 the g coli 111V0 1 hall. * * * * * * * * * * * * * Mayor Neal referred to item 39 and a motion was made, seconded and passed to open the public hearing to consider, prioritize and nominate applications for the Corpus Christi Renewal Community Commercial Revitalization Deduction allocations. Mr. Tom Utter, Special Assistant to the City Manager, explained that the community renewal program was originally granted to the City of Corpus Christi in February 2002. After working with the state of Texas and the U.S. Department of Housing and Urban Development, the City Council held a public hearing on November 12, 2002 and nominated $12 million in community commercial revitalization deductions. They also nominated $5,830,000 of deductions from aggregation in the state. He said El Paso County has not been able to use their allocation and staff is bringing to the Council $6,170,000 for consideration. Minutes - Regular Council Meeting December 17, 2002 - Page 15 Mr. Utter then described the three additional projects that staff is recommending: Olivarez Ventures, $900,000; Circle K, $850,000; and Orion Hotels, $4,420,000. He said that Olivarez Ventures is proposing to construct a new 6,000 -square foot building to house law offices at 403 Waco; Circle K is proposing to construct a new 4,700 -square foot convenience store at Water Street and I-37; and Orion Hotels is proposing to substantially rehabilitate a building at 401 N. Chaparral Street to create a 125,000 -square foot full-service hotel. Mr. Sergio Ortiz, President and CEO of Orion Hotels, showed a rendering of the proposed hotel to be located at the old Frost Brothers building, which has been vacant for eight years. He said if they are able to complete their financing, they should be able to close on the building in summer 2003 and take a year to complete the construction and open in 2004 as a Double Tree Guest Suites. He said that Hilton Hotels have toured the project and are supportive of it. Mr. Utter said staff received the letters from the state for the allocations made on November 12 for a total of $17,830,000. Mayor Neal invited the recipients to receive their letters from Mr. Utter as follows: Mr. Chuck White, International Bank of Commerce, $5 million; Ms. Jane Guinn, JLG Joint Venture, $9 million; Mr. Monty Cummins, representing Water Street Oyster Bar, $400,000 and Agua Java, $150,000; and Mr. Ken Newman, Texas Bird and Butterfly Paradise, $1,950,000 (the other recipients were not present at the meeting). City Manager Garcia said these allocations are an example of how the city is assisting new and existing businesses to expand. Council Member Colmenero said he is glad that Corpus Christi was able to use El Paso County's allocations. Council Members Kinnison and Noyola commended Mr. Utter and Ms. Patricia Garcia, city grant writer, for promoting this program in the community. Responding to a question from Mr. Noyola, Mr. Utter said these businesses will contribute to the city's tax base, which will provide additional monies to the city for public purpose projects. Mr. Cummins thanked Mr. Utter, Ms. Garcia, and Mayor Neal for their efforts. He added that the law governing these actions also includes employment and investment initiatives which can be pursued as well, including a $1,500 per year employment tax credit available to the employer for every employee who works and lives in the zone. Another initiative is a 39% federal income tax credit available for private investment in communities designated as low-income. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Utter said the vote would include the three allocations approved by staff (39.a.). City Secretary Chapa polled the Council for their votes on Item 39.b. The Council then approved: 39.a. Nomination of the applications of Olivarez Ventures, Circle K, and Orion Hotels for the Corpus Christi Renewal Community Commercial Revitalization Deduction allocations; and 39.b. RESOLUTION NO. 025149 Resolution adopting the Corpus Christi Renewal Community Tax Incentive Utilization Plan; by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Minutes - Regular Council Meeting December 17, 2002 - Page 16 Mayor Neal opened discussion on Item 34, capital budget. He called for public comment. Mr. Abel Alonzo, 1701 Thames, thanked the City Manager and staff for working very positively with the disabled community. He said the budget includes many projects to assist disabled persons, which have been greatly needed since 1976. He also thanked Ms. Crystal Lyons, Chairperson of the Committee for Persons with Disabilities. He said disabled persons do not want pity but want to contribute to the community. Ms. Bette Cranford, 3802 Wilmont, said that about 20 years ago it was brought to the city's attention that the Wilmont/Mulholland area has a severe flooding problem. She asked the Council to consider their area for future stormwater improvements. City Secretary Chapa polled the Council for their votes as follows: 34. ORDINANCE NO. 025144 Ordinance approving the FY2002-2003 Capital Budget in the amount of $229,913,200. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 41, construction of the multi-purpose arena. City Secretary Chapa stated that Council Member Kelly would be abstaining. He said the agenda caption for Item 41.b. had the incorrect amount of $34,323,798 and needs to be corrected to $34,232,798. City Manager Garcia explained that since all the bids came in over the contract amount, staff selected a preferred contractor and asked for authorization to negotiate with that contractor. He said city staff and Fulton-Coastcon Corporation have been meeting for weeks along with the design team in an attempt to maintain the integrity of the building as well as reduce the overall cost. Mr. Massey reviewed the actions leading to this recommendation. On March 26, 2002, the Council approved a motion (M2002-088) authorizing staff to proceed with competitive sealed proposals to hire a general contractor for the multipurpose arena project. He said the procurement options are generally sealed bid, where the selection is based on the lowest price, and competitive sealed proposals, where selection is based on the best value to the city using criteria such as past performance, team personnel, project scope and price. He noted that the competitive sealed proposal process allows the city to negotiate modifications before the contract is awarded. Mr. Massey said if the city had used the sealed bid process, they would have had to reject all the bids because they came in over the budgeted amount, revised the plans and specifications, and rebid the project. He said that on November 5, 2002, the Council passed a motion (M2002-364) approving the recommended ranking of contractors for the multipurpose arena and authorizing the City Manager or his designee to enter into negotiations as follows: first with Fulton-Coastcon; if unsuccessful, secondly with Zachry Construction; if appropriate, thirdly with Lyda/Arana/Durden. Minutes - Regular Council Meeting December 17, 2002 - Page 17 Upon confirmation by Mr. Angel Escobar, Director of Engineering Services, Mayor Neal said the city's Major Construction Projects Advisory Panel recommended the competitive sealed proposal process for the arena project and city staff concurred. Mr. Massey said the goal of the negotiation process was to conduct value engineering to complete construction within the target budget. He said the project team and the contractor developed a list of potential cost-saving measures for consideration (144 items with a value of $5.35 million). All items were evaluated in terms of cost savings while preserving key building elements. The Assistant City Manager said the results of the negotiation process were that select items were retained in order to preserve major architectural building elements, including maintaining quality finishes in all public areas. Mr. Massey said value engineering enhancements have saved over $3.2 million up to this point and he reiterated that this contract results in the best value for the city. He said the timing of the contract award is critical to ensure completion prior to the 2004 basketball season. Mr. Massey added that Fulton-Coastcon has construction experience in the local area and has demonstrated the ability to deliver high-quality projects on time (for example, the new airport terminal). He said that company provides maximum local participation and has an experienced project management team with an established working relationship. Mr. Massey noted that the bid price includes heating/ventilation/air conditioning (HVAC) work for the convention center in an amount not to exceed $1.5 million, which will be charged against the convention center's costs. Mr. Massey said that when they entered into negotiations, the city had a total available amount of about $35.7 million for construction including contingencies and the contract is basically $34.23 million for construction and $1.5 million for contingency. He said that as a result of the value engineering process, they expect a minimal number of change orders. Mayor Neal said there was some concern that when the city started value engineering, they might in some way penalize or negatively affect small or local contractors. He said he understood that that did not occur and that 75% of the total as originally proposed will be awarded to local contractors. Mr. Kevin Stowers, Assistant Director of Engineering Services, agreed, saying that in value engineering no changes were made to any of the local subcontractors, vendors or suppliers. Council Member Kinnison said that when the Council discussed this issue on November 5, 2002, Council Member Scott had asked about the contract price of $33.1 million and the Council was expecting the contract to come back in that amount. Mr. Noe used the example of the airport project where they did value engineering up front and over time quality improvements were added back in via change orders. With regard to the arena project, he said staff could have brought back a list of items to eliminate to get down to the $33.1 million amount. However, they chose to use the contingency to put back into the contract those elements they believe are directly related to the quality of the building. Mr. Kinnison said he hopes they spend every amount in the contingency fund to ensure that the arena is built correctly. Mr. Kinnison asked if the value engineering process is still ongoing. Mr. Massey said there are still items that need to be evaluated but they needed to get the project started because of the time commitments that have been made. Responding to another question from Mr. Kinnison, Mr. Minutes - Regular Council Meeting December 17, 2002 - Page 18 Raymond Gignac, a member of the design team, said he feels they have a quality design and they are pleased with this process. Council Member Chesney said the arena is a very important project for Corpus Christi. He emphasized that—as previously stated—the city will spend no more money on this project than the amount generated by the sales tax, which was approved by the voters. He said enhancements have been made to improve the quality of the arena but it is within the approved amount. Responding to Council Member Colmenero, Mr. Noe said the contract is consistent with the design. In fact, some of the items were rejected because they would have changed the design. He said they have not made as much progress as they would like in the lighting systems but they will continue to try to achieve savings in that area. Mayor Neal said the Council was about to award the largest single contract in the history of the City of Corpus Christi and there are many people who needed to be thanked: the voters, city staff, the Council, the contractor, and many others. He said the new arena, convention center improvements, new baseball stadium and seawall improvements will greatly enhance the city. The Mayor then called for public comment. Mr. Abel Alonzo said he was not speaking against Mr. Fulton, who has given his time and money to the community. He said he was concerned that during the November 5 meeting, it was stated that if they could not negotiate a $33.1 million contract with Fulton-Coastcon, they would begin negotiating with the second -ranked contractor. He said he feels this process is unfair to all the bidders and he is concerned about the perception. Mr. Alonzo said he feels it is a conflict of interest for Mr. Fulton to serve on the major projects committee. Ms. D'Lyn Eads, President of Associated Builders and Contractors, referred to a resolution they sent to the Council which she said did not reflect on any of the contractors who bid on the project but rather was a request that the process be very clear and concise and not subjective in nature. She asked why staff is recommending adding money to the contract rather than negotiate with the other contractors for the $33.1 million amount. Mr. Noe said staff made this recommendation because they felt that if they had negotiated down to $33.1 million, they would have come back to the Council with a series of change orders to add the $1 million back in for quality features. He said the second issue is timing and any delay in the awarding of this contract will most likely eliminate the possibility of being open by the 2004 basketball season. Mr. Garrett made a motion to amend Item 41.b. to correct the figure in the caption to $34,232,798; seconded by Mr. Kinnison and passed. Mr. Chapa polled the Council for their votes: 41.a. ORDINANCE NO. 025150 Ordinance appropriating $49,575,939 in the No. 3275 Arena 2002 Capital Improvement Programs Fund from the proceeds of the sales tax revenue bonds, Series 2002, to fund the construction of the arena. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. Minutes - Regular Council Meeting December 17, 2002 - Page 19 41.b. M2002-430 Motion authorizing the City Manager or his designee to execute a construction contract with Fulton-Coastcon Corporation, Joint Venture of Corpus Christi, Texas, in an amount not to exceed $34,232,798 for the multi-purpose arena and an amount not to exceed $1,500,000 for the convention center expansion mechanical system improvements. The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. * * * * * * * * * * * * * City Secretary Chapa said the Council needed to take a vote on the supplemental items on the consent agenda. He said that Council Member Noyola would be abstaining on these items. There was no public comment. Mr. Chapa polled the Council for their votes as follows: 34.I.a. ORDINANCE NO. 025145 Ordinance authorizing the City Manager or designee to execute a food and beverage concession lease agreement with MRCC, Ltd. for the operation of a food and beverage concession at the Corpus Christi International Airport in consideration of payment of a fixed concession fee and the greater of a guaranteed minimum concession fee or ten percent of the concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic beverage sales for a term of up to twelve months. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. 34.1.b. FIRST READING ORDINANCE Ordinance authorizing the City Manager or designee to execute a food and beverage concession lease agreement with MRCC, Ltd. for the operation of a food and beverage concession at the Corpus Christi International Airport in consideration of payment of a fixed concession fee and the greater of a guaranteed minimum concession fee or ten percent of the concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic beverage sales for a term of up to 108 months with a five-year option to renew upon agreed terms. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining. * * * * * * * * * * * * * Mayor Neal referred to Item 40, a presentation on Time Warner Cable's (TWC) response to concerns from several Channel 10 public access producers regarding recent failure to broadcast tapes. Ms. Susan Cable, Director of E-Govemment Services, introduced Mr. Richard Pulido, a member of the Cable Communications Commission (CCC), who said they had a very productive Minutes - Regular Council Meeting December 17, 2002 - Page 20 meeting on December 16, 2002. He said NUPAC was directed to provide the CCC with a copy of the bylaws and the commissioners reviewed some of those items. He said they will have a meeting next month to further discuss them. Mr. Pulido also reported that Time Warner and Grande Communications finally completed the interconnect system so the public access users do not have to provide two copies of their programs. He said other issues such as tape labeling were also corrected and he commended the efforts of Ms. Cable, Mr. P.C. Gracia and Ms. Lisa Aguilar. Mr. Pulido said he attended the opening of the public access studios and he was very impressed with the progress that has been made. Ms. Paula Kolda, Director of Public Affairs for Time Warner, said that after the franchise agreement was signed in August 2002, they worked through a 90 -day transition period with the rules and procedures to be completely enforced as of November 25, 2002. She said throughout that time, Time Warner provided printed information reminding producers to work with their respective public access users group (PAUG). She said they continue to work through the problems that are created when the procedures are either not understood or not followed for some reason. She said communication seems to be the root of some of those challenges. Ms. Kolda said that for the majority of the programs that have not aired over the 90 -day transition period plus the three weeks since, the fact is that TWC simply did not receive those tapes. She said most issues have been addressed by following the printed rules and procedures that are part of the franchise agreement. She said some specific issues have affected whether a tape was seen on Channel 10 or Channel 18: tape quality, labeling procedures, and consistency of title. She said these issues are easily corrected and the PAUG leadership has created some new processes. Ms. Kolda said TWC is working toward having two self-sufficient PAUG organizations that will provide the schedule and tapes of public access programs for Time Warner to make available to the community. Council Member Kelly said that as recently as December 15, 2002, he received phone calls from public access producers who said their tapes were not being aired. He said he tuned in to public access Channel 10, which had no programming. He asked when the Council can expect all these communication problems to be worked out. Ms. Kolda replied that TWC is airing every tape they are given but they are not responsible for finding the tapes; rather, the tapes are delivered by the PAUG. She said she also received calls on December 15 and she went to TWC and checked the shelf and the schedule. She said 13 tapes aired that day but there were six programs on the schedule for which they did not receive a tape. She explained that the broadcast week runs from Sunday to the following Saturday and TWC receives all of the tapes that will air during that seven-day period on the Wednesday beforehand. She noted that this is a different process because previously individual producers brought in their tapes directly to TWC at various times. Mr. Kelly asked what needs to be done so the Council does not have to deal with this issue every week. Ms. Kolda said she believes that the PAUG is still trying to get organized. She said that during the transition period, TWC was very flexible. She said that during the process of the franchise negotiations, the public access users were invited to participate and they gave their opinions. The agreement was subsequently created and signed by the parties involved. She said that although the PAUG leadership and some of the users will want to make modifications to the rules and procedures Minutes - Regular Council Meeting December 17, 2002 - Page 21 along the way, they will need to bring their proposals to the Cable Communications Commission. Mr. Kelly asked why the tape delivery procedure was changed. Ms. Kolda replied that TWC is no longer responsible nor does it have the staff to provide the necessary management of the tapes—the PAUG is now responsible for that. She added that TWC installed a digital video recorder in the master control area which, beginning on December 16, began recording the entire public access schedule on both Channels 10 and 18. She said when there is a problem, they will be able to review that recording for a period of time. She said the public access users should contact their respective PAUG if there is a problem and the PAUG leaders in turn can contact Ms. Kolda. Council Member Garrett asked how many people used the studio when it was operated by TWC. Ms. Kolda said that of the 92 programs on the public access channels, 11 were using some part of the studio (either the editing equipment or the studio itself). She said TWC had one full-time employee and one part-time employee who dealt strictly with public access. Mr. Garrett asked if TWC would intentionally not air a program and Ms. Kolda said there is no motivation for them to not air a program. She said that when a PAUG representative delivers a box of tapes, a TWC employee goes through the box and the schedule to make sure everything is in place. Responding to Council Member Kinnison, Ms. Kolda said that Channel 18 is the religious access channel, Channel 19 is the educational channel, and Channel 20 is the government channel. Mr. Kinnison asked if the agreement allows TWC to run advertising on Channels 18 and 19. Ms. Kolda said they cannot advertise on Channel 19; however, on Channel 18 they do not interrupt public access programming but outside of that they can air local information and paid advertising. Mr. Kinnison also asked about the ban on non -locally produced shows. Ms. Kolda said at this point they have not tried to monitor what was being aired. Ms. Cable said there was a program that was not produced locally that was not aired. However, TWC did not receive the tape. She said the issue of non -locally produced programming has not been enforced or addressed. Ms. Kolda said they feel the PAUG will make those choices. Ms. Cable also briefly discussed the lottery system for scheduling programs. She said from now on the lottery will be held twice a year (in April and October). Mr. Kinnison asked if the city is monitoring the public access studio to ensure its compliance with the contract and Ms. Cable said they are. She said the studio's commitment was to be open 4 p.m. -9 p.m. weekdays but they also said they would work with the producers. In reply to Council Member Noyola, Ms. Kolda said that due to the inflexibility of scheduling, the tapes have to go through the two PAUGs, which are responsible for monitoring those schedules. Mr. Noyola said there is a perception that TWC is not playing people's tapes because the producers were critical of them. He also asked why the cable company does not just provide its telephone number for people to call when they have problems with their programming. He asked when programming ends each day and Ms. Kolda said it is generally 10 p.m. Mr. Noyola also commented that more than once there was "dead air" on Channel 10. Ms. Kolda reiterated the reasons why a tape may not have been played, including poor video, audio or tape quality; insufficient or nonexistent labeling; and the wrong type of tapes. She said they do not intentionally provide dead air. Council Member Scott said the Council has been very frustrated with this whole situation. Minutes - Regular Council Meeting December 17, 2002 - Page 22 He asked why the tapes cannot be directly brought to TWC. Ms. Kolda replied that their role is to facilitate the schedule as created and monitored by the PAUG. She said that according to the rules and procedures, the PAUG has five responsibilities: conduct the lottery, which creates the schedule; receive and schedule the programming; collect and provide the tapes to the cable operators; administer the rules and procedures; and may require users to pay nominal membership fees to offset minor operational expenses. Mr. Scott said he does not believe that TWC is arbitrarily not running tapes. Ms. Kolda said they definitely want to run the tapes and she explained the scheduling process. Mr. Scott questioned why the public access users who had previously made significant statements regarding their concerns with TWC were not present during the Council meeting that day. Ms. Cable said many issues were brought up the night before during the Cable Communications Commission meeting. She said city staff are encouraging producers to work through the PAUG and the commission. She said the consensus at the meeting was that everyone wants to work together to continue improving the process. Council Member Colmenero asked if most of the tapes that TWC receives are queued up and Ms. Kolda said that generally they are. She said some users still bring in the wrong size tapes and they need to work through those problems. Mr. Colmenero also asked about the public access studio. Ms. Cable said the agreement was that the city would provide the equipment and the South Texas Education Foundation would provide access for the producers to the studio and equipment. She said there are also requirements that the foundation provide quarterly status reports to the city as well as other issues. Ms. Cable added that the CCC addresses complaints about the cable operators. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 42, Consolidated Plan. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes as follows: 42. M2002-431 Motion authorizing the City Manager or his designee to execute a consultant contract with J. Quad & Associates of Dallas, Texas, for a fee not to exceed $90,000 for the preparation of the FY2003-2007 Consolidated Plan and optional Neighborhood Revitalization Strategy for the City of Corpus Christi. 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 43, auditing services. There were no comments from the audience. He said that the city's insurance requirements call for a $ I million combined single limit on both automobile and commercial general liability, workers compensation and professional liability. He asked if the city has adopted a standard set of insurance requirements for all professional contracts. City Manager Garcia said the requirements are not standardized. The Mayor then asked how a contractor who wants to be considered for a city contract Minutes - Regular Council Meeting December 17, 2002 - Page 23 knows how much insurance to buy if the city does not have standard limits of liability on all the contracts. Mr. Garcia said the requirements are determined before the bids go out. Mayor Neal said several contractors have raised concerns about this issue. Mr. Garcia said that in one case, the city requested $10 million worth of insurance from the Landry's Corporation because of the nature of that project. On the other hand, the city removed all of the liability requirements for the people who bid on the city's mowing contracts because otherwise they could not get any bids. He said the city tailors the insurance requirements to what is considered a reasonable risk for a particular project. Responding to Council Member Kinnison, Ms. Lee Ann Dumbauld, Finance Director, said that Fluesche, Van Beveren, Kilgore gave the city a schedule of charges which ranges from a partner's time of $175 per hour to administrative support of $60 per hour. She said before the city starts each project, staff will conduct a scope of work to identify with the firm the level of staff assistance required. Mr. Kinnison said the city's Internal Audit Department was eliminated about three years ago and he said he hopes the Council will consider reinstating it. City Secretary Chapa polled the Council as follows: 43. M2002-432 Motion authorizing the City Manager or his designee to execute a one-year contract with option of three one-year renewals for auditing services with Fluesche, Van Beveren, Kilgore, PC, of Corpus Christi, Texas, at a rate not to exceed $175 per hour. 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 44, city investment policy. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 44. RESOLUTION NO. 025151 Resolution amending the City Investment Policy to increase maximum amounts allowed in local government investment pools from $50,000,000 to $65,000,000; allowing for up to a two-day increase in maximum amount upon notification to investment committee; and adopting the Investment Policy as amended. 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 46, South Staples Street resurfacing. Mr. Escobar explained that this is the Last of the overlay projects for the Bond 2000. He said previous contract awards have been made for the Alameda, Up River Road, Gollihar and Ayers projects. He added that there was a net savings from the Alameda project of about $100,000. He said these two actions will initiate the South Staples Street resurfacing project, which was delayed to ensure that the funding Minutes - Regular Council Meeting December 17, 2002 - Page 24 needs could be met. Council Member Colmenero asked about the time frame for this project. Mr. Escobar said construction could start in February 2003. Responding to Council Member Scott, Mr. Escobar said the engineer's estimate for this project was $1.3 million; however, due to rising costs, the unit prices for this project came in considerably higher. He said the additional funds will come from the savings on the Alameda project as well as the interest earnings from the 2001 Street Capital Improvement Bond Fund. Mr. Escobar said this project does not require replacement of pipes but there will be some adjustment of manholes. Mr. Scott said there is an area on Alameda where the pavement has caved in around a manhole. Mr. Escobar said a crew is investigating the inside of that manhole to determine the problem; he said similar problems have occurred in other areas. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 46.a. ORDINANCE NO. 025153 Ordinance appropriating $720,645 in interest earnings from the 2001 Street Capital Improvement Bond Fund No. 3540 into Fund No. 3540 (Project No. 200350) for the South Staples Street resurfacing project from Gollihar Road to Williams Drive; amending Ordinance No. 024730 which adopted the FY2001-2002 Capital Budget by increasing appropriations by $720,645. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 46.b. M2002-433 Motion authorizing the City Manager or his designee to execute a construction contract with IHS Construction Inc. of Corpus Christi, Texas, in the amount of $1,772,146.99 for street resurfacing on South Staples Street from Gollihar Road to Williams Drive. 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 47, Padre Island desalination facility. Mr. John Heckler, a partner with Carollo Engineers, said the project objectives are to improve the reliability (pressure) of the Padre Island water supply and to meet the city's schedule for reliability improvements using cost-effective solutions. He said the first step is to complete an engineering and permitting assessment to deliver the proposed facilities; the second step is to design and construct demonstration facilities to meet the current needs; and the third step is to design and construct additional production facilities to meet future needs. Mr. Heckler said the first step --the fast-track assessment phase --will be complete by June 2003. He said it will consist of three simultaneous parallel paths: regulatory and permitting; hydrogeologic (water quality and quantity); and technical (treatment and brine disposal). The construction of a demonstration facility (step two) will accomplish the following: demonstrate Minutes - Regular Council Meeting December 17, 2002 - Page 25 compliance and performance for regulatory agencies and the city; provide operating experience for optimized design of full production facilities; and provide improved water service to Padre Island. This phase is scheduled to be completed by December 2005. Mr. Heckler said the full production facility (step three) will be timed to meet the city's planned production needs; phased to reduce the initial capital expenditures; and responsive to changing technologies. Additional production facilities should be constructed by December 2006. Mayor Neal called for public comment and there was none. Responding to Council Member Scott, Mr. Escobar said this project will first evaluate the opportunities for treatment of brackish groundwater; however, if it is too brackish, the engineers will look at treating seawater. Mr. Scott said the cost increases dramatically if seawater is used. Council Member Colmenero asked about the technologies involved. Mr. Heckler said desalination through membrane treatment is basically the technology that will be used but it can take advantage of the latest membranes to be developed as well as other innovations. City Secretary Chapa polled the Council for their votes as follows: 47. M2002-434 Motion authorizing the City Manager or his designee to execute an engineering services contract with Carollo Engineers, P.C., of Phoenix, Arizona, in the amount of $743,470 for the Padre Island desalination facility project. 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 48, North Padre Island Development Corporation. City Attorney Bray said the proposed ordinance (which staff distributed to the Council) would amend the articles of incorporation to allow the board of directors to be increased from five to nine members. He said Mr. Jeff Leuschel, city's bond counsel, feels it would be advantageous to have the whole Council serve as the board of directors. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 48. RESOLUTION NO. 025129 Resolution authorizing an amendment to Articles of Incorporation of the North Padre Island Development Corporation. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal called for Council concerns and reports. Mr. Noyola asked about the status of the injured firefighters. Mr. Garcia said two of them suffered burns and were released that evening and the next day and another firefighter had a broken Minutes - Regular Council Meeting December 17, 2002 - Page 26 ankle and is recuperating. He added that they will be recognized at an upcoming Council meeting. Mr. Noyola wished the citizens Merry Christmas and Happy New Year. Mr. Garrett requested a time line on the repairs to Gollihar Street from Ayers to Kostoryz. Mr. Escobar said the construction should start at the beginning of 2003. Mr. Scott said he received a copy of a letter sent to the Mayor, Police Chief and the City Manager regarding concerns from residents on Limestone Drive. The Mayor said he had forwarded that letter to staff and requested a response from them. Mr. Scott also reiterated his request that staff talk with Congressman Solomon Ortiz about quality of life issues in Corpus Christi in general and about improving the athletic fields in Flour Bluff in particular. Mr. Scott also complimented Ms. Cable and city staff for their efforts on the city's Internet site and he requested a recognition for Mr. Dan Alexander, President of King Isles Inc., for his donation valued at $25,800. Mr. Scott asked if the authorization for the issuance of the Packery Channel bonds is still scheduled for the January 14, 2003 meeting and Mr. Garcia said it is. He also wished citizens a merry Christmas. Mr. Colmenero also extended his holiday wishes to the public. Mr. Chesney echoed Mr. Scott's request for recognitions of persons who provide in-kind contributions. Mayor Neal asked staff to draft a letter to Congressman Ortiz for him to deliver. The Mayor then called for petitions. Mr. Bob Wilson, 3929 Sweetbay, said a recent newspaper article stated that in 2001 Texans threw away more than 27.9 million tons of waste in landfills. He said in Corpus Christi there are dump trucks which haul sand from Flour Bluff to the landfill located 25 miles across town. He said from 1964 when Flour Bluff was annexed until about one or two years ago, the sand was deposited on people's property in Flour Bluff when they requested it. Mr. Wilson said he was told that the sand is hauled to the landfill because if it is dumped on someone's property and it contains broken bottles or contaminants, the city can be held responsible. He said truck drivers were also accepting tips for delivering the sand. He said he drew up a hold harmless agreement for the city to consider. Mr. Jack Gordy, 4118 Bray, said the Council is receiving conflicting information about the correlation between crime and the presence of topless bars and more research needs to be done. He said there was an executive session on the day's agenda regarding Five Citizens of Corpus Christi v. City of Corpus Christi et al. He said this City Council, based on the advice of the City Attorney, violated the court order regarding that issue. He said the Council approved where the money came from to pay attorney Michael Terry. Mr. Chesney said he does not believe the city has violated the court order because the case is on appeal. Sirfrederickvon E. King 7th, 905 Cleveland St., said he needs to amend his treasurer report for the 2001 campaign. Mayor Neal suggested that Mr. King meet with City Secretary Chapa. Mr. Garcia said that Mesquite Street is being opened following repairs to that area. He also said that staff's thoughts and prayers are extended to Ms. Cheryl Soward regarding her health concerns. Mr. Noyola thanked everyone for their support following his father's surgery. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:00 p.m. on December 17, 2002.