Loading...
HomeMy WebLinkAboutMinutes City Council - 03/25/2003I 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 March 25, 2003, which were approved as amended by the City Council on April 8, 2003. WITNESSETH MY HAND AND SEAL, this 9'h day of April 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 25, 2003 - 2:23 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: Acting City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by the Reverend E.F. Bennett and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. 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 joint Council meeting of March 4, 2003 and the regular Council meetings of March 4, 2003 and March 11, 2003. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * REGULAR AGENDA Mayor Neal opened discussion on Item 2 of the regular agenda regarding the North Padre Island Storm Damage Reduction and Environmental Restoration Project, otherwise known as the Packery Channel Project. The Mayor called for public comment. Mr. Jeff Frahm, residing at 13501 Royal Fifth Court, spoke as a representative of the Padre Island Business Association. He spoke to the importance of the Packery Channel project to the Padre Island community. He thanked the Council and the Corps of Engineers for their support and their efforts in forwarding this project. Trian Serbu, residing at 14310 Playa del Rey, asserted his contention that two-thirds of the Packery Channel project was being financed by the taxpayers instead of by investors, as the Council had promised the voters during Bond Issue 2000. Nathan Worth, residing at 7537 State Highway 361, spoke in support of the Council's actions regarding this project. Mayor Neal asked Acting City Manager Noe to address the concern raised by Mr. Serbu. Mr. Noe stated that the bonds for the Packery Channel project are supported by Tax Increment Financing (TIF) zone revenues, not by the general taxpayers. Council Member Scott asked Mr. Noe to discuss the future plans for the Packery Channel project. Mr. Noe said that several speakers were in the audience today to provide information on this subject. Councilman Scott commented that the number of people involved in the project reflected its complexity and the tremendous effort required to get to this point. Acting City Manager Noe called on Mr. Tom Utter to provide a brief summary of what the Council was about to consider. Mr. Utter reported that the first bond sale, otherwise known as the Bond Purchase Minutes - Regular Council Meeting March 25, 2003 - Page 2 Agreement (BPA), will be signed today. The Environmental Impact Statement (EIS) will be published on April 14 and finalized shortly thereafter. With that finalization, the Project Cooperation Agreement (PCA) which is before the Council today for authorization, will be executed sometime in early April or May. Formal advertising of the project for bid by the Corps of Engineers will take place in two stages: a 30 -day notice of intent to advertise followed by the actual advertising of the project for bid in June. They anticipate the receipt of bids and the award in July. The July time frame is significant because it ensures the $1,275,000 from the General Land Office to support this project. The project will take approximately two and half years to complete. He complimented Colonel Leonard D. Waterworth, U.S. Army, with the Corps of Engineers and his staff for their assistance in furthering this project. Mr. Utter concluded by saying that the authorization process appeared to be at an end, barring any unanticipated setbacks. Acting City Manager Noe asked Colonel Waterworth to speak regarding this project. Col. Waterworth said that the signing of the Memorandum of Agreement marks a major milestone because it will lead to construction on the project later on in 2003. He commented that this would not have been possible without the joint efforts and leadership of the Council and city staff, state agencies like the General Land Office, and the congressional delegation in Washington, D.C. City Secretary Chapa polled the Council for their votes on items 2a and 2b and the following motions passed by the following vote: Neal, Chesney, Colmenero, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstained. 2a. RESOLUTION NO. 025236 Resolution authorizing the Mayor or the Mayor's designee to execute a Memorandum of Agreement between the Department of the Army and the City of Corpus Christi, Texas for the North Padre Island Storm Damage Reduction and Environmental Restoration Project. 2.b. RESOLUTION NO. 025237 Resolution authorizing the Mayor or the Mayor's designee to execute a Project Cooperation Agreement between the Department of Army and the City of Corpus Christi, Texas for construction of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. Immediately after the vote, Mayor Neal asked the Council, County Commissioner Joe McComb and County Commissioner Chuck Cazalas, and Colonel Waterworth and his staff, to join him in the dais to witness the signing of the Memorandum of Agreement and the Project Cooperation Agreement. Mayor Neal thanked the city staff for their efforts in furthering this project. He invited Mr. Al Allison with M.E. Allison & Company to say a few words regarding the Packery Project. Mr. Allison said that he signed the bond purchase contract committing his company to purchase the bonds. His firm will confirm the bonds to their customers tomorrow and close the bond issue on April 30. Mayor Neal opened discussion on Item 3 of the regular agenda regarding the issuance of Minutes - Regular Council Meeting March 25, 2003 - Page 3 commercial paper notes. Ms. Lee Ann Dumbauld, Director of Finance, explained that this item is the financing mechanism for funding the Capital Improvements Projects budget that the Council had approved at a prior meeting. The Council also approved Morgan Stanley as the underwriter for the commercial paper notes in a prior meeting. Through them, staff has taken quotes for the underlying credit facility and that would be provided by West LB AG at an annual fee of 22 basis points plus a one-time up front fee of $5,000. Mayor Neal asked if this was short-term paper and Ms. Dumbauld responded affirmatively. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 025238 Ordinance approving and authorizing the issuance of commercial paper notes in an aggregate principal amount not to exceed $75,000,000 to provide interim financing to pay Project Costs for Eligible Projects and to refund obligations issued in connection with an Eligible Project; authorizing the execution and delivery of a loan note and prescribing the terms, features and characteristics of such instruments; approving and authorizing certain authorized officers and employees to act on behalf of the City in the selling and delivery of such commercial paper notes, within the limitations and procedures specified herein; making certain covenants and agreements in connection therewith; resolving other matters incident and related to issuance, sale, security and delivery of such commercial paper notes, including the approval of an Issuing and Paying Agent Agreement, a Credit Agreement and a Dealer Agreement; approving the use of an Offering Memorandum in connection with the sale from time to time of such commercial paper notes; and providing for an effective date. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola and Scott, voting "Aye"; Chesney absent. Mayor Neal opened discussion on Item 4 of the regular agenda regarding the issuance and sale of Utility System Revenue Refunding Bonds. Ms. Lee Dumbauld, Director of Finance, explained that this item is designed to refund higher rate bonds at the city's target rate of 3% in present value savings. The current rates are approximately 2.15%. Ms. Dumbauld said that staff is asking the Council to approve a parameter sale so that on whatever day the 3% savings are available, the Acting City Manager will be authorized to refund the bonds for an estimated savings of $800,000 to $1 million, depending on the interest rate at that time. In the past, the Council had approved Dain Rauscher as the underwriter for these types of bonds. Since the Council has expressed concern about local participation, staff is recommending that the Banc of America be appointed as the co -manager in this transaction. Acting City Manager Noe added that since 1999, present value savings on refunding bonds totals $4.5 million. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 4. ORDINANCE NO. 025239 Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2003, in an aggregated principal amount not to exceed $35,000,000. The foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting March 25, 2003 - Page 4 Kelly, Kinnison, Longoria, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 5 of the regular agenda regarding the execution of a Master Lease Purchase Agreement with the Banc of America. Ms. Lee Ann Dumbauld, Director of Finance, explained that the city's current leasing agreement expires at the end of the month. Staff sent out and then reviewed RFPs, and is recommending the selection of Banc of America Leasing and Capital LLC. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2003-108 Motion authorizing the Acting City Manager or his designee to execute a Master Lease Purchase Agreement with Banc of America Leasing and Capital LLC for a one-year term with an option to renew for one year. The foregoing motion passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 6 of the regular agenda regarding changes in the Governmental Accounting Standards Board Statement 34 (GASB 34). Ms. Lee Ann Dumbauld, Director of Finance, said this was a housekeeping item that was needed to properly record activity in the new funds created to comply with the changes in the GASB. There was no comment from the audience. Councilman Kinnison asked if this had any effect on any planned expenditures. Ms. Dumbauld replied that this would have no effect at all. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 025240 Ordinance amending Fiscal Year 2002-2003 Operating Budget as adopted by Ordinance No. 024974 to add Community Enrichment Fund 4720 and Infrastructure Fund 4730 and to rescind appropriations of $1,479,536.23 in Trust Fund 6010; transferring $13,971.68 from Trust Fund 6010 to and appropriating in General Fund 1020; transferring $658,123.90 from Trust Fund No. 6010 to and appropriating in Federal/State Grants Fund 1050; transferring $773,062.31 from Trust Fund 6010 to and appropriating in Community Enrichment Fund 4720; transferring $2,396.34 from Trust Fund 6010 to and appropriating in Infrastructure Fund 4730; transferring $31,982 from Trust Fund 6010 to and appropriating in Fire Station Capital Improvement Program Fund 3190; approving necessary transactions to properly record activity in the proper funds. The foregoing ordinance passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * CONSENT AGENDA Mayor Neal called for consideration of the consent agenda (Items 7-28). Council members requested that Items 19, 20, 23 and 26 be discussed. There were no comments from the audience. Minutes - Regular Council Meeting March 25, 2003 - Page 5 City Secretary Chapa noted that Councilman Kelly would be abstaining on Item 8. A motion was made and passed to approve Agenda Items 7 through 28, constituting the consent agenda, except for Items 19, 20 , 23 and 26, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes and the following motions passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola and Scott, voting "Aye" (NOTE: Kelly abstained on Item 8 only). 7. MOTION NO. 2003-109 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Jalco, Inc. of Houston, Texas in the amount of $2,045,000 for the Wastewater Treatment Plant's Chlorine Removal and Liquid Disinfection Facilities Project. 8. MOTION NO. 2003-110 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Jalco, Inc. of Houston, Texas in the amount of $230,450 for the Bayfront Multi -Purpose Arena Off -Site Wastewater Improvements Re -Bid. 9. MOTION NO. 2003-111 Motion authorizing the Acting City Manager or his designee to execute Change Order No. 2 with Garver Construction, Ltd., of Houston, Texas in the deductive amount of ($121,600) for the Sanitary Sewer Trunk Main Rehabilitation Project. 10. MOTION NO. 2003-112 Motion authorizing the Acting City Manager or his designee to execute a one-year option to a construction contract with Rabalais I & E Constructors of Corpus Christi, Texas in the amount of $234,092.40 for the O.N. Stevens Water Treatment Plant Ongoing Instrument Maintenance Program FY2002-2003. 11. MOTION NO. 2003-113 Motion authorizing the Acting City Manager or his designee to execute Change Order No. 3 to a construction contract with Winship Construction, Inc., of Corpus Christi, Texas in the amount of $72,883 for the Corpus Christi Animal Shelter and Vector Control Facility. 12. MOTION NO. 2003-114 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Garrett Construction Company of Ingleside, Texas in the amount of $777,878.20 for the Crossgate Channel Water Quality Improvements Project. 13.a. MOTION NO. 2003-115 Motion authorizing the Acting City Manager or his designee to execute a Utility Easement Minutes - Regular Council Meeting March 25, 2003 - Page 6 instrument with Rachel Cornelia Frazier, et al, in the amount of $34,242.50 for Parcel 33, comprised of a Utility Easement and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 2a, and for other municipal purposes. 13.b. MOTION NO. 2003-116 Motion authorizing the Acting City Manager or his designee to execute an Utility Easement instrument with Thomas D. Richardson, et al, in the amount of $34,207.80 for Parcel 34, comprised of a Utility Easement and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 3, and for other municipal purposes. 14. MOTION NO. 2003-117 Motion authorizing the Acting City Manager or his designee to execute a Real Estate Sales Contract with Albert Kessler, in the amount of $42,500 plus $850 in closing costs, for the purchase of fee simple property rights for Parcel 1, being all of Lot 26, Block 6, Koolside Addition, with street address of 5709 Gollihar Road, necessary for the Meadowbrook Subdivision Drainage Improvement Project, and for other municipal purposes. 15. MOTION NO. 2003-118 Motion authorizing the Acting City Manager or his designee to execute a Utility Easement with the owners, D. H. Braman, et al, in the amount of $30,000 for Parcels 19, 24, 28, 29, and 30, all out of Artemus Roberts Subdivision and Rowena Shaeffer Subdivision, north of State Highway 44, between McKenzie Road and County Road 36, in connection with the Southside Gas Transmission Main, Part D, CR36 to McKenzie Road. 16. RESOLUTION NO. 025241 Resolution authorizing the Acting City Manager or his designee to execute an agreement with the Texas Department of Transportation for the blanket coverage of various projects covering the installation, construction, existence, use, operation and maintenance of certain highway traffic signals/lighting in the City of Corpus Christi. 17. ORDINANCE NO. 025242 Ordinance authorizing the Acting City Manager or his designee to implement the Participation Agreement between the City of Corpus Christi and Braselton Land Ventures, Inc., in the amount of $12,318.16 for the difference in construction price between a 10" and 16" effluent force main through the Village at Dunbarton Oaks Subdivision Unit 3. 18.a. MOTION NO. 2003-119 Motion authorizing the Acting City Manager or his designee to accept a renewal Weed and Seed grant in the amount of $225,000 for Site II West for the continued support of the Weed and Seed Program from the U.S. Department of Justice (DOJ). Minutes - Regular Council Meeting March 25, 2003 - Page 7 18.b. ORDINANCE NO. 025243 Ordinance appropriating $225,000 from the United States Department of Justice Office of Justice Programs in the No. 1050 Federal/State Grants Fund for the continued support of the Weed and Seed Program, Site II West, for FY2002-2003. 21.a. MOTION NO. 2003-128 Motion authorizing the Acting City Manager or his designee to accept a bequest from the Estate of Sarah J. Porter in the amount of $55,438.99. The funds are to be used to purchase books, other printed materials as stipulated in the Last Will and Testament of Miss Porter. 21.b. ORDINANCE NO. 025245 Ordinance appropriating $55,438.99 gift from the Estate of Sarah J. Porter into the No. 4720 Community Enrichment Special Revenue Fund for the Corpus Christi Public Libraries for printed books, other printed materials and books for the visually impaired; amending the FY2002-2003 Operating Budget adopted by Ordinance No. 024974 to increase appropriations by $55,438.99. 22. MOTION NO. 2003-129 Motion appointing Library Board Member Treva Bedwell to the South Texas Library System Advisory Council for a term expiring August 31, 2005. 24.a. RESOLUTION NO. 025246 Resolution authorizing the Acting City Manager or his designee to accept a grant from the Texas Department of Public Safety Division of Emergency Management in the amount of $22,240 for hazardous materials emergency preparedness planning activities, with a City match of $4,448 in the No. 1050 Federal/State Grants Fund, and a total project costs of $26,688. 24.b. ORDINANCE NO. 025247 Ordinance appropriating $22,240 from the Texas Department of Public Safety Division of Emergency Management in the No. 1050 Federal/State Grants Fund for hazardous materials emergency preparedness planning activities. 25. ORDINANCE NO. 025248 Ordinance appropriating $34,727.67 from the State of Texas in the No. 1050 Federal/State Grants Fund for training of police personnel and training equipment. 27. RESOLUTION NO. 025250 Resolution recognizing public necessity of acquiring three tracts of land for the Corpus Minutes - Regular Council Meeting March 25, 2003 - Page 8 Christi International Airport Expansion Project, and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring the three tracts of land. 28.a. MOTION NO. 2003-131 Motion to amend prior to Second Reading by redesignating County Road 52 extended between the County Road 73 and F.M. 624 to a "A-2" Arterial Roadway with 100 feet of right-of-way, four lanes and a median; redesignating of County Road 46 between U.S. 77 and F.M. 666 to a "RA -1" Rural Arterial with 125 of right-of-way, two lanes and two shoulders; revision to the collector road system south of F.M. 624 and between U.S. 77 and County Road 73 to achieve a standard spacing of collector streets; and map labeling corrections. 28.b. ORDINANCE NO. 025251 Second Reading Ordinance - Amending the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by adopting the revised Corpus Christi Urban Transportation Plan for the City and its extraterritorial jurisdiction; establishing a Unified Transportation Plan for coordination of street improvements consistent with the public interest; rescinding the Corpus Christi Urban Transportation Plan adopted by City Council Ordinance No. 022166, February 22, 1995; amending the Comprehensive Plan of the City. (First Reading - 3/11/03) * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19 on the consent agenda regarding the Weed and Seed Program. Council Member Colmenero asked for clarification on the boundaries of Site II West. Mr. Dan Whitworth, Director of Park and Recreation, replied that Site II West covered several different census tracts but basically was comprised of the westside of the city, starting from Weber Road and going out toward Calallen. City Secretary Chapa polled the Council for their votes, and the following motions passed with the following votes: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola and Scott, voting "Aye". 19.a. MOTION NO. 2003-120 Motion authorizing the Acting City Manager or his designee to execute an agreement with the City of Corpus Christi Housing and Community Development, Code Enforcement and Community Policing Division to provide $12,500 from the FY2002-2003 Weed and Seed Program to implement emergency board up of vacant buildings with illegal activity in Site II West. 19.b. MOTION NO. 2003-121 Motion authorizing the Acting City Manager or his designee to execute an agreement with Planned Parenthood of South Texas, Inc. to provide $4,400 from the FY2002-2003 Weed and Seed Program to implement collaborative partnerships with existing community Minutes - Regular Council Meeting March 25, 2003 - Page 9 programs to provide after school, weekend and summer programs in Site II West. The goal is to reduce at -risk behaviors including drug and alcohol use and teen pregnancy among Weed and Seed adolescents. 19.c. MOTION NO. 2003-122 Motion authorizing the Acting City Manager or his designee to execute an agreement with The Salvation Army to provide $5,000 from the FY2002-2003 Weed and Seed Program to implement operations and supportive services necessary to administer the transitional housing program, Project Bridge for Families. Project Bridge for Families targets homeless families in Site II West that are ready to leave the emergency shelter and enter a transitional housing program. 19.d. MOTION NO. 2003-123 Motion authorizing the Acting City Manager or his designee to execute an agreement with Fighting to Rid Gangs in America Foundation to provide $7,497 from the FY2002-2003 Weed and Seed Program to implement after school and weekend alternative activities at their activity center classrooms, gym and computer center. 19.e. MOTION NO. 2003-124 Motion authorizing the Acting City Manager or his designee to execute an agreement with Vision Community Organization to provide $10,000 from the FY2002-2003 Weed and Seed Program to implement the target area with much needed on-site computer education, and all the benefits that will accompany the project. 19.f. MOTION NO. 2003-125 Motion authorizing the Acting City Manager or his designee to execute an agreement with Ring of Champions to provide $7,497 from the FY2002-2003 Weed and Seed Program to implement mentoring programs targeted at youth at risk remanded by the local courts, or currently incarcerated and scheduled to return to the local community within nine months. 19.g. MOTION NO. 2003-116 Motion authorizing the Acting City Manager or his designee to execute an agreement with the Boys and Girls Club of Corpus Christi Inc., to provide $7,498 from the FY2002-2003 Weed and Seed Program to promote abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. Mayor Neal opened discussion on Item 20, regarding a Gift Agreement with the Friends of the Corpus Christi Public Libraries. Mayor Neal asked Herb Canales, Director of Libraries, to elaborate on this item. Mr. Canales said that Item 20 referred to a major contribution of $50,000 on that the Friends of the Library had received from the Ed Rachal Foundation to remodel and expand the children's area in the Central Library. The total amount of the gift agreement is $61,344 and represents approximately one-third of the funds needed. The Friends of the Library will raise the Minutes - Regular Council Meeting March 25, 2003 - Page 10 remaining amount needed, approximately $225,000 to $250,000. He recognized three members of the Friends board who were in the audience: Betty Jean Longoria, Elia Gutierrez and Judy Pressley. Mayor Neal asked Mr. Canales to speak about Item 23, regarding a rare 1847 lithograph of the Zachary Taylor encampment in Corpus Christi. Mr. Canales said it was the first image of Corpus Christi in 1845. It was purchased with funds given in memory of Inez Adams, a longtime library supporter. Council Member Kelly commented that he thought this piece would be a good candidate for limited edition prints and posters for sale and distribution. Councilman Colmenero asked what efforts were being made to recognize bequests made to the library. Mr. Canales replied that in the case of Sarah J. Porter, he thought that the expansion of the children's library presented an excellent opportunity to recognize her efforts since she loved children. City Secretary Chapa polled the Council for their votes, and the following motions passed with the following votes: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola and Scott, voting "Aye". 20.a. MOTION NO. 2003-127 Motion authorizing the Acting City Manager or his designee to accept a grant in the amount of $61,344 and to execute a Gift Agreement with the Friends of the Corpus Christi Public Libraries. The funds are to be used to remodel and expand the children's library at the Central Library. 20.b. ORDINANCE NO. 025244 Ordinance appropriating $61,344 gift from the Friends of the Corpus Christi Public Libraries into the Library Capital Improvement Program Fund No. 3210 for improvements to the Children's Area of the Corpus Christi Public Libraries; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $61,344. 23. MOTION NO. 2003-130 Motion authorizing the Acting City Manager or his designee to execute a Gift Agreement with the Friends of the Corpus Christi Public Libraries, which provides for a gift to the City of Corpus Christi of an 1847 lithograph of the Zachary Taylor encampment in Corpus Christi. The lithograph is to be displayed in the Inez Sterling Adams South Texas Historical Gallery at the Central Library. Mayor Neal opened discussion on Item 26 regarding Passenger Facility Charge funds. Councilman Colmenero asked Mr. Dave Hamrick, Director of Aviation, if the revenues based on airflight and traffic would impact these funds negatively. Mr. Hamrick responded that they would not affect these funds specifically, but staff would have to monitor closely future enplanements to ensure that they did not decrease. City Secretary Chapa polled the Council for their votes. 26. ORDINANCE NO. 025249 Ordinance appropriating $995,812 in Passenger Facility Charge Fund 4621; transferring Minutes - Regular Council Meeting March 25, 2003 - Page 11 $730,537 in the Airport 2000A Debt Service Fund 4640 and $265,275 in the Airport 2000B Debt Service Fund 4641 for debt service payments on Airport improvements; amending FY2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $995,812. The foregoing motion passed with the following votes: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was an update on the Texas Department of Transportation (TXDOT)'s road projects. Angel Escobar, City Engineer, introduced Mr. David Casteel, District Engineer with the Texas Department of Transportation. Mr. Casteel in tum introduced Brian Wood, Deputy District Engineer, and Frances Garza, Public Information Officer, who would be assisting him with the presentation. Mr. Casteel said that TXDOT currently has five major projects in the advanced planning stages in the city in 2004-2014, totaling $84 million. The projects include the Crosstown Extension, the McKenzie Road extension, the Freeway Management System (ITS) at five locations, the Joe Fulton Corridor/I- 37 project and the Harbor Bridge (Phase I) project. There are seven major projects in the planning phases for a total of $395 million in 2014-2029, including the construction of the new Harbor Bridge Phase II and SH 358 (SPID) improvements to the frontage roads and ramps. Mr. Casteel provided updates on two major projects currently under construction, the JFK Causeway and the Crosstown/Interchange. Councilman Garrett asked how many sheet pilings were being driven per day in the JFK Causeway Project. Mr. Casteel responded that on the average, seven to eight pilings were being driven per day. He said that the JFK Causeway project is scheduled for completion by Summer 2004. Mr. Casteel reported that the Crosstown project is scheduled for completion in Summer 2005. The extension of the Crosstown to Saratoga is scheduled for completion in Summer 2005 at a cost of $15 million. Regarding the maintenance and management of projects, Mr. Casteel referred to the Intelligent Transportation System, current maintenance contracts and landscaping projects. He said that about 60% of TXDOT's funds are devoted to project maintenance, emphasizing their commitment to maintenance. Anticipated spending for aesthetic improvements for 2004-2006 is estimated at $1,200,000, including the Governor's Achievement Award. The second presentation was the proposed Master Plan of Improvements for the Gabe Lozano and Oso Beach Municipal Golf Courses from the National Golf Foundation. Mr. Dan Whitworth, Director of Park and Recreation, said that the plans that were going to be presented today were endorsed by the Municipal Greens Committee and the Park and Recreation Advisory Committee. In response to Council Member Scott's question, Acting City Manager Noe said that the financing for these improvements could be addressed in Bond Issue 2004. Mr. Whitworth introduced Mr. Forrest Richardson of Forrest Richardson and Associates, who would be presenting his recommendations for the Master Plan for the two courses. Mr. Richardson said that his research has shown that there was a great need in Corpus Christi to bring young people to golf and to make the courses bigger draws. Mr. Richardson said that he structures Master Plans by separating improvements into three Minutes - Regular Council Meeting March 25, 2003 - Page 12 categories. The first tier of improvements are those that are necessary to bring the course up to standard. The second tier are those that would increase the asset but are not essential. Finally, the third tier of improvements are those that are lower on the priority list. For the Gabe Lozano Golf Course, his research showed that this course's greatest asset was the large amount of land. His first tier improvements were irrigation and drainage improvements needed throughout the course. He recommended turf limits to decrease the cost of irrigation and maintenance. Enhancing the entry drive was also a first tier recommendation. Other recommendations were to make the course more playable by fixing the lake edges and expanding the play areas. Second tier enhancements to the Gabe Lozano Course included some changes in golf holes by widening and changing the alignment of fairways, addressing safety issues and adding new greens. On Hole 4, for example, he recommended adding a new green to bring the existing lake into play. For Hole 6, he recommended widening the fairway, creating an option to play hole in a number of different ways. Hole 18 had a number of safety issues which could be addressed by providing more space for golfers. The third level of improvements would be to rebuild the existing executive nine -hole course into a new youth/new golfer course and practice range. Mr. Richardson said that a course with as much land as Lozano works well if it has a practice range, and 18 -hole golf course and a new golfer development area. For the Oso Beach Municipal Golf Course, Mr. Richardson said that this course's major asset is its rich history. The first tier improvements for this course would primarily be irrigation improvements. Other first tier improvements would be to add a driving range, which would increase revenues. Second tier improvements would be to address safety issues at Oso. He said that there are too many parallel holes and some of the fairways are too close together. Third tier enhancements would be to expand the course by adding nine more holes and expanding and formalizing the parking lot. Council Member Kelly asked Mr. Richardson if he had relied on the previous study done by the National Golf Foundation to make his recommendations. Mr. Richardson said that he had not relied on this study. Rather, he said his task was to make recommendations for the improvement of the golf courses and not necessarily how it was going to increase rounds or why it was special for Corpus Christi. Mr. Kelly asked Acting City Manager Noe about the significance of the land for the Oso Golf Course having been purchased using utility funds. Mr. Noe replied that he was not sure how that was going to affect the transactions. Mr. Richardson concluded his presentation by saying that the Master Plan is intended to be a roadmap for the future. The city can choose the items that they would like to go forward with as funds become available. Acting City Manager Noe said that staff would bring the Council a plan for adoption and financing options at a future meeting. The final presentation was on the city's housing programs, focusing on how they might benefit city employees. Ms. Mary Dominguez, Director of Housing and Community Development, reviewed the city's current programs and their eligibility requirements. These programs include single family housing rehabilitation programs and homebuyer programs. The programs are available to city employees who meet the income eligibility criteria on a first-come, first -serve basis. Minutes - Regular Council Meeting March 25, 2003 - Page 13 Additionally, local financing institutions have various housing programs that would be beneficial to city employees. Ms. Dominguez said that staff would obtain information on those programs and make them available through the Human Resources Department. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Phil Rosenstein commended the Council for not taking a stance on the anti -war effort. Mr. Bob Warren, residing at 1310 Prince Drive, spoke regarding the city's compliance with the Bioterrorism Act to protect our water supply. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows (Note: City Secretary Chapa stated that Mr. Noyola would abstain from participating in the discussion on items 32 and 33): 32. Executive session pursuant to Texas Government Code Section 551.071 regarding Pagan Lewis Motor Company d/b/a Budget Rent-A-Car v. City of Corpus Christi, No. 03-1161-H, 347th District Court, Nueces County, Texas with possible discussion and related action in open session. 33. Executive session pursuant to Texas Government Code Section 551.071 regarding Claim filed by Steve Chiscano on behalf of Pate & Pate Engineering of Houston, Texas and possible discussion and related action in open session. The Council went into executive session. The Council returned from executive session and made the following motion, which passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria and Scott, voting "Aye"; Noyola abstained. 33. Motion authorizing the Acting City Manager or the Acting City Manager's designee, to pay $119,619.83 to Pate & Pate and its subcontractors, in settlement of claim number 03-0141 for the construction of a Phase I waste water line at the Corpus Christi Airport. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Acting City Manager Noe reported that Corpus Christi was featured in a section of April's issue of Texas Monthly Magazine, just in time for summer travel. Second, he said that the Council should be receiving a copy of the staff recommendations for the Community Block Grant allocations. The Planning Commission received these recommendations last week and they will be further considering them tomorrow. Third, he said that most of the Council should have received notice about the C.C. to D.C. trip on April 9-10, 2003. The Economic Development Corporation, Texas A&M University - Corpus Christi, the Chamber of Commerce and others are organizing a trip to Washington D.C. to recognize and spend time with our legislative delegation as a show of support. He asked the Council to let him know if anyone was interested in attending. The upcoming Council agenda for April 8 will consist of canvassing the April 5 election results and swearing-in ceremonies, discussion of the ad hoc peer review panel for the art program, and renewal of leases in Heritage Park. Minutes - Regular Council Meeting March 25, 2003 - Page 14 Mayor Neal called for Council concerns and reports, saying he did not have a report this week. Mr. Chesney wanted to remind the public that the final Town Hall meeting for this term will be held at Wilson Elementary on March 31. He, Council Member Scott and Council Member Garrett would be sponsoring the event. He asked if it was still necessary to have city utility bills processed by a San Antonio company. He knew that in the past, local companies could not provide this service, but he was wondering if this was still true. Acting City Manager Noe said he would check into this and get back with him. He also wanted to thank Scott Williams for the Texas Monthly feature because he thought it was well-written and cast the city in a good light. He said it was a good example of the type of work the Convention and Visitors Bureau has been doing. Finally, he wanted to compliment Mr. Noe on the high level of communication he has had with city staff since Mr. Noe has been in charge, saying it has never been better. Mr. Scott wanted to know the status of the desalination update that was to have been scheduled for April because it was not on the list of upcoming agenda items. Assistant City Manager Ron Massey said that the desalination update was still scheduled for April and if it had been omitted from the list, it was an oversight. Mr. Scott said that several Council members had a productive meeting with the local Air Conditioning Contractors organization. He asked Assistant City Manager Margie Rose to ask a staff member to draft a response to some of their concerns. Mr. Scott asked for an update on the skate park. Mr. Dan Whitworth, Director of Park and Recreation, said that the funding for a skate park is included as a supplemental budget item and has yet to be approved. Acting City Manager Noe said that staff would know by the end of May if the item was approved and could begin talks with local skating interests at that time. Mr. Scott said that he had received a report on recommendations from Ms. Mary Dominguez, Director of Housing and Community Development, for vacant properties. He wanted to know when these recommendations were going to be implemented. Acting City Manager Noe said that the recommendations were included in the CDBG allocations. He commented that the recommendation to increase the administrative fee was great. He asked about the policy for handling multiple violators. Ms. Dominguez responded that her department keeps pursuing cases in which the violator does not comply. He asked if the recommendation to eliminate the second notice would be implemented quickly. Acting City Manager Noe answered yes. Mr. Scott also asked if staff would investigate illegal dumping near the intersection of Graham and Ruddick in Flour Bluff. He commented that Mr. Brent Chesney's birthday was tomorrow and wished him a happy birthday. He also commented that this was Mr. John Longoria's last council meeting and he said it was a pleasure and an honor to serve with him. He said that Mr. Longoria had made a difference in the community through his contributions. He commented on the importance of the Packery Channel project and what a monumental day it was. Finally, he said that at the Pharaoh Valley Property Owners meeting, the odor issue at the Oso Wastewater Treatment Plant was a concern. Mr. Angel Escobar, City Engineer, said that the city had drawn down two tanks for testing and when exposed to sunlight, the tanks had emitted a foul odor. He said that staff has since refilled the tanks, so the odor problem should be considerably less. Mr. Scott asked staff to contact Bill Payne, the president of the Pharaoh Valley Property Association, or John Houston, to give them an update. Mr. Garrett added that it would be helpful if a staff member from the plant would meet with the property association to address their concerns. Mr. Noe said it was a good idea. Mr. Kelly said that the Police Officer League was going to start a baseball league in the Minutes - Regular Council Meeting March 25, 2003 - Page 15 North side and the West side of Corpus Christi. He wanted to announce that the Mayor and Council had agreed to sponsor one of those teams and he gave each member a baseball cap to thank them for their support. He said that they did get a team in the Houston system. He wanted to compliment Mr. Noe for his letter to the County Judge dated March 20 in which he discussed working with the county to manage the jail population. He asked if the judge was satisfied with the progress made to date. Acting City Manager Noe replied that he had not spoken with the judge directly, but he did send a representative to a recent meeting and he seemed satisfied. Staff provided some additional opportunities for improvement and they made a commitment to continue meeting. Mr. Kelly wanted to thank the commissioners court for supporting the crossing guard program. Additionally, Mr. Kelly said that he understood that the county was going to build a skate park in Hilltop and he asked Mr. Whitworth to comment. Mr. Whitworth confirmed that the county had already received funding from a Texas Parks and Wildlife grant for a skate park and they are planning to build it in Hilltop. He did not know the time line for construction. In response to Mr. Kelly's question, he said that based on the funding he saw, the skate park was going to be somewhat more modest than the one in Portland. Mr. Kelly wanted to know if this would create any opportunities for the city in creating its program. Mr. Whitworth said that the city would certainly look at service areas without any alternatives when reviewing the budget process to determine sites. Mr. Kelly also wanted to congratulate the Corpus Christi Concert Ballet company for sponsoring Beauty and the Beast on March 29 and 30 and the Ailey 1I company for their performance in conjunction with the Fine Arts Festival. Finally, he wanted to inform the council and the public that he had heard from Brooke Sween -McGloin that the funding for the first phase of the Old Courthouse restoration was still going to be received, notwithstanding recent media reports. Mr. Longoria reported that on March 11, the Council received a memo conceming Airhart Point and plans to have stairs placed there. The memo said that it appears that there is not enough accessibility on Ocean Drive to avoid adequate application of the accessibility guidelines, so a ramp would have to installed instead. Mr. Longoria said that it was disappointing that the city would apply the guidelines to a small project yet Cole Park, the seawall and other sites along Ocean Drive were not accessible to persons with disabilities. He asked if staff could do an analysis of what it would cost to apply full accessibility to Cole Park and other sites with high usage at some point. He thought that city resources should be spent on making high usage areas more accessible rather than small projects. Acting City Manager Noe said that the city is committed to meeting the accessibility requirements outlined in the ADA, and as such, small projects will now have higher price tags. Mr. Noe also said that seawall project will create some opportunities to create full access in several locations. He said he would follow-up on Mr. Longoria's request. Mr. Colmenero said he had received several complaints about the lights being turned off in the convention center parking lot at night while construction for the arena and convention center expansion is taking place. He said it was becoming a safety issue and he asked that staff provide alternate lighting. Mr. Colmenero also had letters from constituents regarding code enforcement issues that he said he was providing to staff to assist them in revamping code enforcement regulations. Mr. Garrett said that he and Mr. Chesney were contacted by individuals who were concerned with the roof leaking at the Harbor Playhouse. He wanted to know if it could be repaired. Mr. Noe replied that the city's lease agreement with the Harbor Playhouse says that the Playhouse is responsible for maintaining the building while the city handles the grounds maintenance. Another Minutes - Regular Council Meeting March 25, 2003 - Page 16 consideration is the cost of repairing the roof, which he estimated to be between $50,000 to $60,000. Mr. Noe said that if the Council wished to fund this project at some point, staff could look into it, but that it would be difficult to obtain the funds in mid -budget year. Mr. Garrett replied that he understood that we had already budgeted for this item. Mr. Noe responded that the city had budgeted for repairs to the roof at the Art Center. He said that staff could look at next year's budget to see if they could fund the Playhouse's repairs. Mr. Chesney asked if someone could meet with the Playhouse to discuss the matter. Mr. Noe said he would make arrangements. Mr. Garrett also asked if Police Chief Alvarez could have the traffic commander look at the SH 361 and Park Road 22 intersection, especially on the weekends, to address problems in that area. He also asked if staff would work on addressing items on the Council concerns list. Mr. Noe said some of the issues are on-going but that he would ask staff to follow-up on these items. Mr. Noyola wanted to thank Mr. Noe for making himself available last week while he was on vacation. He also wanted to commend our citizens for cooperating with emergency personnel in response to an accident on South Padre Island Drive. He thanked Council Member Longoria for serving his community for eight years. He said that many people thought they would not be able to work well together since they had run against each other in a previous race. Instead, Mr. Noyola said that he had learned may things from Mr. Longoria and he appreciated his service. Mr. Kinnison also wanted to thank Mr. Longoria for his eight years of service. He said that many of the goals this Council had achieved could not have been accomplished without him. Mayor Neal asked if Assistant City Manager Ron Massey could look into a problem with trash in the areas between Coles Elementary and the site for the new baseball stadium. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:05 p.m. on March 25, 2003. * * * * * * * * * * * * *