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HomeMy WebLinkAboutMinutes City Council - 01/28/2003I 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 January 28, 2003, which were approved by the City Council on February 11, 2003. WITNESSETH MY HAND AND SEAL, this 11th day of February 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 28, 2003 - 12:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem John Longoria Council Members: Brent Chesney* Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott* City Staff: City Manager David R. Garcia Deputy City Manager George Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Charles Graff, St. Luke's United Methodist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular meetings of January 14, 2003 and January 21, 2003 and the joint meeting of January 16, 2003. 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: 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 Sections 551.071, 551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. The Council went into executive session. *Council Members Chesney and Scott arrived at the meeting. The Council returned from executive session. Mayor Neal made the following motion, which was seconded and approved as follows: 2. M2003-034 Motion authorizing the City Manager to execute a Tender, Completion and Release agreement between the City and Winship Construction and Continental Casualty Company for the construction and completion of the Corpus Christi Animal Shelter and Vector Facility. Minutes — Regular Council Meeting January 28, 2003 — Page 2 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 4-12). Council members requested that Item 6 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following passed: 4. M2003-035 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-03-3 for paper goods, for an estimated six-month expenditure of $31,673.43, based on the recommended award submitted by the Coastal Bend Council of Governments. The term of the contracts shall be for six months with an option to extend for one additional six-month period, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY2002-2003. Gulf Coast Paper Co. PFG San Antonio, TX Victoria, TX $5,084.91 $26,588.52 Grand Total: $31,673.43 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. M2003-036 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-03-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $90,854.78, based on the recommended award submitted by the Coastal Bend Council of Governments. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY2002-2003. Ben E. Keith San Antonio, TX 40 Items $15,212.27 LaBatt Food Service Corpus Christi, TX 71 Items $28,905.87 PFG Sysco Food Service Victoria, TX San Antonio, TX 43 Items 37 Items $30,513.82 $16,222.82 Grand Total: $90,854.78 Minutes — Regular Council Meeting January 28, 2003 — Page 3 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. M2003-038 Motion authorizing the City Manager or his designee to execute a contract with Shiner, Moseley and Associates, Inc. of Corpus Christi, Texas, in the amount of $80,000 for consulting services associated with Pre -Planning of Emergency Recovery Operations. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8. M2003-039 Motion authorizing the City Manager or his designee to execute a Right of Way Easement in the amount of $65,000 for Parcel 2, comprised of a Right of Way Easement and Temporary Construction Easement, both out of Block C, Wilkey Addition, located at the northwest comer of the intersection of Airline Road and South Padre Island Drive, from the owners, Robert C. Shih and wife Yalee Shih, and recognizing the public necessity of acquiring these easements for construction of street and utility improvements in connection with the intersections approach improvements project, and for other municipal purposes. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney abstaining. 9.a. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five year farming lease with Mark Stockseth, John H. White and Harry L. White, Jr. dba W & S Ag Enterprises for 1,320 acres of farmland out of Cefe F. Valenzuela Municipal Landfill located west of FM2444 and County Road 57 and approving a cash rental fee of $55.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.b. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five year farming lease with Paul T. Rackley, Jr. and Marion G. Rackley dba Rackley and Rackley, a Joint Venture for 940 acres of farmland out of the Cefe F. Valenzuela Municipal Landfill located west of FM2444 and County Road 57 and approving a cash rental fee of $55.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes — Regular Council Meeting January 28, 2003 — Page 4 9.c. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five year fanning lease with Julius Zdansky, Jr. for 46 acres of farmland out of the proposed Southside Sewer Treatment Plant site located off Yorktown Boulevard and approving a cash rental fee of $20.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.d. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a one year fanning lease with Julius Zdansky, Jr. for 20.598 acres of farmland located at the northeast corner of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $30.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.e. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a one year fanning lease with Larry Mokry for 23.099 acres of farmland located at the northwest corner of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of $35.00/acre per crop year. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10. RESOLUTION NO. 025178 Resolution approving the submission of a grant application in the amount of $105,231 to the State of Texas, Texas Alcoholic Beverage Commission for funding of overtime to enforce the underage drinking laws and to prevent youth access to and illegal use of alcohol. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11. RESOLUTION NO. 025179 Resolution encouraging the Texas Congressional Delegation to support funding for President Bush's $3.5 Billion First Responder Initiative during the 108th Session of Congress. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes — Regular Council Meeting January 28, 2003 — Page 5 12. ORDINANCE NO. 025180 Ordinance amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section: on Rand Morgan Road (F.M. 2292): revising the existing speed limits to the following: 55 mph to 45 mph from north right-of-way line of Leopard Street (State Highway 9) to 0.858 miles south of the north right-of-way line of Leopard Street; 45 mph to 30 mph school speed zone when flashing for a distance of 1,584 feet from a point 314 feet north of the centerline of Oregon Trail to 340 feet south of the centerline of Goodnight Loving Trail; 55 mph from 0.858 miles south of the north right-of-way line of Leopard Street to Agnes Street (S.H. 44); providing for penalties. 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 6, wastewater microwave communication system. Responding to Council Member Kinnison, Mr. Angel Escobar, Director of Engineering Services, delineated the items that the change order will add to the contract. City Manager Garcia said this action is also part of the city's reengineering effort. Assistant City Manager Ron Massey gave further examples of how this change order will improve operations. City Secretary Chapa polled the Council for their votes as follows: 6. M2003-037 Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Rabalais Electric Constructors of Corpus Christi, Texas, in the amount of $272,938 for the wastewater microwave communication system. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. Item 15 was a discussion regarding options for amendments to the City of Corpus Christi City Charter. City Manager Garcia said that in the agenda background material, there was a list of possible "housekeeping" charter amendments for consideration by the Council. They include initiative and referendum; election dates; runoff elections, clerical corrections; mayor's veto; clarifying the effect on the voting requirement of a Council member being disqualified; date of recall election; time for effectuating a lease or franchise; termination of leases; and the procurement process. Responding to the Mayor, City Secretary Chapa discussed the proposals regarding election dates and runoff elections. He said that if the Texas Legislature changes a uniform election date to be on a date other than the first Saturday in May (which is when Buccaneer Days is held), city staff would like to have the Council election on the uniform election date because that is the date that most school districts use and joint elections could be held. He added that Minutes — Regular Council Meeting January 28, 2003 — Page 6 most of the previous legislative initiatives were to move the uniform election date from May to March. He said if that occurs and Corpus Christi's City Council election continues to be held the first Saturday in April (of odd -numbered years), it will create problems with use of the county's election equipment. With regard to runoff elections, Mr. Chapa said staff is proposing that the charter be amended to lengthen the time in which they are held after the canvassing of the general election. Currently, runoff elections are held the second Saturday following a Council election. Mr. Chapa also stated that Mr. John Bell, a local attorney, has presented a possible charter amendment stating that if the Council general or runoff elections fall during Easter weekend or Passover, the election could be extended so as not to conflict with those dates. Acting City Attorney Reining said staff is further looking into that suggestion and he also discussed the initiative and referendum and lease proposals. In reply to Council Member Kinnison, Mr. Chapa said that if these charter amendments are placed on the April 5, 2003 ballot and they pass, the charter cannot be amended for another two years. Mr. Kinnison said that while he does not object to placing these housekeeping items on the ballot, it may create some difficulties if the next Council decides to make substantial changes to the charter. He said he would also like to pursue the idea of reinstating the Internal Audit Department and having the intemal auditor report directly to the Council. Council Member Noyola made a motion to allow city employees to participate in city elections during non -working hours (excluding running for Council office). Responding to Council Member Kelly, Mr. Noyola said that would be an issue that could be placed on the ballot. Mr. Reining said the City Manager's report this week contains Corpus Christi's ordinance and charter provision regarding participation by city employees in city elections, as well as the Fifth Circuit Court of Appeals case which upheld the Dallas ordinance upon which Corpus Christi's ordinance is modeled. Mr. Garcia said that every Council-manager form of government in which he has worked has had these types of prohibitions, which prevent city employees from choosing sides among Council members. Mr. Noyola's motion died for lack of a second. *s***tea:s*sss The second presentation (Item 16) was the quarterly update on the Solid Waste Services (SWS) automated collection program. Mr. Jeffrey Kaplan, SWS Director, explained that Phase I was initiated in November 2001, which provided automated collection for 33,000 residents. The next phase will begin in June 2003 adding 21,000 residents, to be followed the following June by Phase III with the remaining 21,000 residents. Mr. Kaplan then reviewed the geographic areas served during each phase. Mr. Kaplan said that in Phase II, five automated vehicles are being purchased as additions to the fleet and automated routes will increase from 66 to 108 weekly (while 54 manual weekly routes will continue). Once the citywide automation is completed, all routes will be on a six-day schedule (Monday/Thursday, Tuesday/Friday and Wednesday/Saturday). Mr. Kaplan also responded to Council members' questions. Mayor Neal said the automated program has greatly enhanced the city's appearance. Minutes — Regular Council Meeting January 28, 2003 — Page 7 * * * * * * * * * * * * * The third presentation (Item 14) was made by Dr. Linda Avila, Performing Arts Chairperson of the Arts and Cultural Commission, regarding the Corpus Christi Festival of the Arts on March 22 -April 6, 2003. Dr. Avila said that 29 different events will be held over the two- week period featuring music, dance, visual arts, theater and cinema in various areas of the city. Mr. Ronald Sepulveda, Superintendent in the Park and Recreation Department, said the festival is featured on a website and on rack cards that were distributed to travel centers throughout the state. In addition, outdoor advertising and print ads are planned for San Antonio, Austin and the Rio Grande Valley. Dr. Avila said they are planning to increase the size of the event each year and she added that it will not interfere with Buccaneer Days. Council members expressed their support of the festival. * * * * * * * * * * * * * The fourth presentation (Item 17) was the quarterly update on Bond Issue 2000. Mr. Escobar said that as of January 28, 2003, the Council will have awarded 42 general obligation bond construction contracts to complete 62 different projects. Of the 42 contracts, nine were awarded to non -local contractors for a value of approximately $7.6 million and 33 were awarded to local contractors for a value of about $17.6 million, or a total of about $25.1 million. He said the Mustang Island fire station should be completed by the end of August 2003 and the Animal and Vector Control facility project is also expected to be completed this year by the end of September. He then reviewed a chart showing the progress of the five public health and safety projects, 32 park and recreation projects, and 30 street improvement projects. He also responded to Council members' questions. Mayor Neal suggested that these quarterly updates be included in public service announcements as well. Mr. Escobar said the whole report is available on the city's website. * * * * * * * * * * * * * The fifth presentation (Item 18) was regarding the Blucher Arroyo stormwater drainage structure assessment results. Mr. Jeff Massengill, Vice President of Shiner Moseley & Associates, explained that the underground structure extends 2,300 feet from Tancahua Street to the seawall. He said a major flood event in October 2002 necessitated that emergency repairs be made and, subsequently, that a condition assessment be conducted both above and below the water. Mr. Massengill said that the section of the structure between Tancahua and Mesquite streets, most of which was built prior to 1940, is basically dry while the section from Mesquite Street to the seawall is submerged. The latter section was built as part of the seawall project beginning in 1940. Mr. Massengill then described the $370,000 in emergency repairs that were made as well as the results of the condition assessment. He said the high-priority repairs include correcting the slab discontinuity, beam deterioration (Upper Broadway and Carancahua) and cracks below the water; the moderate -priority repairs include fixing the cracks above the water and spalls. He said the high-priority repairs (which need to begin very soon and within a year) are estimated at $691,000 and the moderate -priority repairs (to be done in the next three to five years) may cost $581,000 (in 2008 dollars). He also described the two options that have been developed for the high-priority repairs and he said they recommend negotiating with the seawall contractor first; Minutes — Regular Council Meeting January 28, 2003 — Page 8 then, if that is unsuccessful, bidding out the project. He then responded to questions from Council Member Colmenero. * * * * * * * * * * * * * Mayor Neal referred to Item 13.a. and a motion was made, seconded and passed to open the public hearing on zoning ordinance text amendments to Article 27A, Special Conditions, in order to allow temporary banners in the front yard setback. There were no comments from the public. A motion was made to close the public hearing, seconded and passed. Mr. Chapa polled the Council for their votes as follows: 13.b. FIRST READING ORDINANCE Ordinance amending the Zoning Ordinance by revising Article 27A, Special Conditions, by adding subsection 27A-2.07. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, purchase of playground equipment. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 19. ORDINANCE NO. 025181 Ordinance appropriating $30,000 from the Unrestricted Park Trust Fund in the No. 6010 Trust Fund for the payment to Tuloso-Midway Independent School District for the purchase of playground equipment; amending Ordinance No. 024974 which adopted the FY2002-2003 Annual Budget by increasing appropriations by $30,000. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal said that Item 20 had been withdrawn. 20. WITHDRAWN Af€tee: * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21 regarding identifying drainage projects. City Manager Garcia said that the Council previously approved an allocation of $5 million in the capital improvement program (CIP). Subsequently, the Council directed staff to make recommendations on expanding the number of stormwater projects to about $20 million. Minutes – Regular Council Meeting January 28, 2003 – Page 9 Ms. Valerie Gray, Stormwater Superintendent, explained that the stormwater projects in the FY2002-03 CIP were ranked as follows: Priority 1 -mandatory (for emergency or previously committed projects); Priority 2 -property damage (such as water in a facility); Priority 3 -safety hazard; Priority 4 -increase system capacity; Priority 5 -health and vector control; and Priority 6 - economic development. Mr. Escobar then discussed the 16 projects in the recommended stormwater CIP: Bear Lane bridge replacement, $50,000; Country Club ditch emergency repairs, $1.2 million; Crystal Lane drainage improvements, $75,000; Leonard/Mulholland Drive, $100,000; Sharpsburg Road, $100,000; Villa Drive (Agnes to Baldwin), $200,000; Blucher Arroyo drainage structure improvements (Phase I), $700,000; downtown drainage improvements (Phase I), $1.1 million; Lindale subdivision architecture and engineering design, $150,000; West Broadway Street drainage improvements, $250,000; Meadowbrook subdivision area (design and right-of-way), $300,000; St. Andrews Park area outfall improvements design, $50,000; Kinney Street bridge rehabilitation (Phase I), $120,000; Alta Plaza drainage improvements, $250,000; Wood River subdivision architecture and engineering design and construction (Phase I), $100,000; and Mansheim area rolled curb and gutter replacement, $255,000, for a total of $5 million. Staff responded to Council members' questions about many of these projects. Mr. Garcia pointed out that there is a physical limit to the number of projects that can be completed in a 12 - month period. There was also a discussion about using CDBG monies for drainage and street repairs. Mr. Escobar pointed out that years 2 and 3 of the CIP program contain $5 million each for stormwater projects, some of which will be used for subsequent phases of the 16 projects previously discussed. Mr. Mark McDaniel, Director of Management and Budget, further explained the funding plan. Mr. Garcia pointed out that the $5 million list of projects is estimated at current design standards prior to the approval of the stormwater master plan. He and Mr. Escobar addressed the priority criteria and Mr. McDaniel discussed the impact of the water rates. Mayor Neal said that when the Council approved the CIP, they also approved a change in the rate model that will fund approximately $5 million of stormwater improvements for the next 10 years. In addition, concerns were raised by several citizens about the city's drainage problems and the Council directed staff to prioritize stormwater projects that could be funded with about $20 million. Consequently, staff provided the two lists of projects that are listed in the agenda packet. Additional discussion ensued about the timing of the projects within the funding constraints as well as specific aspects of some of the projects. (Mayor Neal left the Council meeting to fly to Washington, D.C., for a meeting.) Mayor Pro Tem Longoria called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, said he supports the $5 million in drainage improvements in the current CIP; however, he strongly opposes any increase in utility rates because he said it deteriorates many citizens' quality of life. He also told the Council that the air scrubbers for the wastewater plants are no longer operating. Mr. Danny Noyola, 4410 Acushnet, said that CDBG funds are meant to supplement—not supplant -other projects. He said the westside has many needs that should be addressed. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting January 28, 2003 — Page 10 21.a. M2003-040 Motion identifying drainage projects approved for funding in FY2002-2003. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. Council Member Chesney made a motion to table Item 21.b. until the Council receives more exact cost estimates on the projects. Council Member Scott said the $20 million list of projects will be fine-tuned as it goes through the budget process. Council Member Kinnison said that approving Item 21.b. does not appropriate any funds but he expressed concem about the funding mechanism recommended by staff. Mr. Garcia replied that they cannot proceed with the $20 million in projects without the 1% rate increase. Mr. Chesney withdrew his motion, adding that he thinks staff understands that the Council wants better cost estimates before they vote on anything in regards to these projects. There was additional discussion about funding the $20 million in projects. Mr. McDaniel noted that the Council adopts a rate increase at the time they adopt the operating budget and about three months later staff brings the Council their recommendations for the capital budget. He said every year staff updates the model for actual costs (including the cost of debt) but it is important for staff to know now whether they will proceed with the $20 million prior to bringing the Council the proposed rate increase for the FY2003-04 operating budget. Mr. Kinnison said he supports a $25 million stormwater capital program but he is not willing to say today that this is the way to fund it. He said he wants staff to continue to find ways to reduce operating costs. Mr. Chesney said he feels that if the Council approves Item 21.b., they are stating that the drainage improvements need to be made and a funding mechanism needs to be identified but staff should look at all aspects of it. Council Member Noyola made a motion to table Item 21.b. until the next Council meeting. The motion died for lack of a second. Mr. Kinnison made a motion to amend Item 21.b. to delete the second use of the word "additional" to read as follows: "Motion identifying additional drainage projects requiring funding in the short-range utility Capital Improvement Plan." Mr. Colmenero seconded Mr. Kinnison's motion. The motion to amend Item 21.b. failed to pass by the following vote: Colmenero, Kelly, and Kinnison voting "Aye"; Chesney, Garrett, Longoria, Noyola, and Scott voting "No"; Neal absent. Mr. Chapa then polled the Council for their votes on Item 21.b.: 21.b. M2003-041 Motion identifying additional drainage projects requiring additional funding in the short- range utility Capital Improvement Plan. The foregoing motion passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Longoria, and Scott voting "Aye"; Kinnison and Noyola voting "No"; Neal absent. * * * * * * * * * * * * * Minutes — Regular Council Meeting January 28, 2003 — Page 11 Mayor Pro Tem Longoria opened discussion on Item 22, stormwater management policies. Mr. Escobar said that staff have completed the aerial photography, LIDAR elevation work and much of the maps and modeling. He said they can now develop the master plan criteria for the actual hydraulic information. He said the stakeholder process is also moving forward, which he explained, and he discussed the role of the Technical Advisory Group. Mr. Escobar discussed in detail the stormwater issues that have been identified: flood protection, drainage, city/developer participation, maintenance, water quality, and quality of life. He also reviewed Corpus Christi's rainfall intensity and the impact of setting level of protection (LOP) standards. Responding to Council Member Scott, Mr. Escobar said staff estimates that the revised LOP standards will increase the homebuyer's cost $800 to $1,400 per lot. Mr. Scott said he is concerned about the need for affordable housing but this proposal increases homebuyers' costs for lots. He questioned how often flooding is occurring in new subdivisions. Mr. Escobar said some new subdivisions, such as Crossgate and Glen Arbor, have experienced significant flooding. City Manager Garcia said part of the problem is that the subdivision drainage system is under -designed because the standards are too low. He said as the adjacent areas are built up, the drainage becomes critically inadequate. In reply to additional questions from Mr. Scott, Mr. Reining said he tried to address in the resolution all the issues that were raised; i.e., Section 2 discusses design criteria and Sections 3 and 4 deal with funding and the cost implications of specific standards. Council Member Kelly asked if topography will be one of the variables in the levels of protection. Mr. Escobar said the design criteria will address, for example, the hilly northwest area, the flatter southside, and the sandy areas of Flour Bluff. Mr. Kelly asked how staff arrived at those formulas. Mr. Roy Dodson, President of Dodson & Associates, said that technically the level of protection will be the same throughout the city but the methods of achieving it will be different according to the topography, soils and development in various areas. Mr. Kelly asked if the Council adopts the proposed resolution, whether it will prohibit building on properties that are known to flood even though they have been platted by the city. Mr. Reining replied that the current platting ordinance requires consulting engineers to show natural drainage ways on the plat. He said one of the problems with the city's platting process is that, unlike zoning, there is not a field inspection area, which will have to be addressed in more detail in the criteria manual. Mr. Escobar said the city encourages the design engineers to look at those issues. Mr. Dodson added that the city participates in the national flood insurance program, which means that the city is obligated to use flood plain maps to regulate development in the city. He said this process contributes information that will likely be reflected on those maps at some point in the future. Mr. Kelly said he is aware of many subdivisions that are not located in the flood plain but are in natural drainage ways. Mayor Pro Tem Longoria called for petitions from the audience on non -agenda items and there were none. He then continued with the discussion on Item 22. Minutes — Regular Council Meeting January 28, 2003 — Page 12 Replying to Council Member Kinnison, Ms. Gray said the consultants are recommending what they conclude will be a good level of protection based on the city's history, other cities' levels, and other criteria. They also obtained input from the Technical Advisory Group. Mr. Kinnison said the Council needs to balance many issues, including the cost impact. Mr. Massey said if the Council approves this item, they can continue to move forward to address such issues. Additional discussion ensued. There were no comments from the audience on Item 22. City Secretary Chapa polled the Council for their votes as follows: 22. RESOLUTION NO. 025182 Resolution tentatively approving the stormwater management policies and directing staff to proceed with preparation of the stormwater criteria and design manual, including the preparation of alternate levels of protection. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. * * * * * * * * * * * * * Mayor Pro Tem Longoria opened discussion on Item 23, election ordinance. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 23. ORDINANCE NO. 025183 Ordinance amending Ordinance No. 025170, which ordered a General Election to be held on April 5, 2003, in the City of Corpus Christi for the election of Mayor and eight Council Members, to authorize a Joint Election with Del Mar College and to make changes in regular and early voting polling places. An emergency was declared and the foregoing ordinance passed: Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal absent. * * * * * * * * * * * * * Mayor Pro Tem Longoria opened discussion on Item 24, historic Nueces County Courthouse. Council Member Kelly said he thinks the proposed resolution could have shown more enthusiasm for the project, which if completed will be an asset to the city. Mayor Pro Tem Longoria said the project organizers need to have the resolution approved by January 30, 2003. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 025184 Resolution supporting Nueces County's efforts to restore the Historic Nueces County Courthouse. The foregoing resolution passed by the following vote: Chesney, Colmenero, Garrett, Kelly, Longoria, Noyola, and Scott voting "Aye"; Neal and Kinnison absent. Minutes — Regular Council Meeting January 28, 2003 — Page 13 Mayor Pro Tem Longoria called for the City Manager's report. Mr. Garcia said the next Council meeting will be February 11, 2003 beginning at noon with a joint meeting with the Convention and Visitor Bureau Board. Mayor Pro Tem Longoria asked staff to consider implementing a "stop on yellow" program to prevent people from running red lights and he suggested that unmarked police vehicles patrol South Padre Island Drive for reckless drivers. He also requested information about "eight -liner" machines. He then called for Council concerns and reports. Mr. Chesney said there will be a District 2 town hall meeting at Crockett Elementary on February 13, 2003 at 6:30 p.m. and the District 3 town hall meeting. will be held on March 3`t; additional meetings will be held on March 10th and March 24` with the locations to be announced. He also asked about the status of Mr. Leon Loeb's development proposal. Mr. Reining said that one of the attorneys who was involved in the earlier legislation is supposed to bring back information. Mr. Garcia said staff will give the Council an update. Mr. Chesney asked if effluent can be recycled for use as drinking water. Mr. Garcia said it is reused for turf irrigation. Mr. Massey said it is the same technology for desalination but Mr. Garcia said it is very expensive. Mr. Chesney announced the Friends of the Park meeting on February 5th at 5:30 p.m. and added that he is still awaiting information about the medical contracts. Mr. Garrett said that during the CDBG hearings the Council allocated money for the Little Miss Kickball program but they are having difficulties obtaining the funding and he asked staff to look into it. Mr. Scott thanked Nueces County Commissioner Chuck Cazalas, Mr. Garcia and Mr. Escobar for their participation in a town hall meeting on January 27`h. He said a question was raised about how to increase utilization of the recycling program. Mr. Massey said part of the problem stems from the recycled materials market but the city's automated garbage collection system has helped encourage recycling. He added that there are three recycling drop-off sites. Mr. Scott forwarded staff a letter regarding a cell tower on the island and he said a citizen on Laguna Shores Road is impressed with the increased police presence on that street. Mr. Chesney said that Mr. Vic Menard questioned a delay in CDBG funding and he asked staff to look into it. He also commented positively on the January 27th town hall meeting. Mr. Garrett said his wife was indirectly involved in an accident at Rodd Field Road and South Padre Island Drive and he complimented the emergency personnel for their swift, professional response. Mr. Colmenero asked staff to provide information about outsourcing engineering services and he commented on the problem of drivers running red lights. He said the Council needs to be aware of how federal and state funding issues will affect the city's budget. Mr. Noyola asked if staff was able to get information about the mats for the Salvation Army and he expressed his condolences to the family of Elvira Olivares. There being no further business to come before the Council, Mayor Pro Tem Longoria adjourned the Council meeting at 6:15 p.m. on January 28, 2003.