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HomeMy WebLinkAboutMinutes City Council - 05/13/2003I HEREBY CERTIFY that( the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Ch#isti City Council of May 13, 2003, which were approved by the City Council on May 20, 2003. WITNESSETH MY HAND AND SEAL, this 8th day of October 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 13, 2003 - 1:15 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Mayor Neal called the m invocation was delivered by Revere the Pledge of Allegiance to the Uni City Staff: City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta eting to order in the Council Chambers of City Hall. The nd John Blacklock ofJackson Woods Presbyterian Church and ed States flag was led by Council Member Rex Kinnison. City Secretary Chapa called the roll ad verified that the necessary quorum of the Council and the required charter officers were pre4nt to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of April 29, 2003. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Iterjm 2 and the following board appointments were made: Animal Control Advisory Committee Susan Thiem (reappointed) Sharon Massad (appointed) Civil Service Board/Commission Erich Wendl (reappointed) Planning Commission Shirley Mims (reappointed) * * * * * * * * * * * * Building Standards Board William McGuire (reappointed) Sue Corey (appointed) Museum of Science & History Angie Flores (appointed) Transportation Advisory Committee Don Davenport (reappointed) Raul Torres (appointed) David Seiler (appointed) * Mayor Neal called for con¢ideration of the consent agenda (Items 3-23). City Secretary Chapa announced that Council Metber Kelly would abstain from discussion and vote on Item 9 and Council Member Noyola would ab$tain from discussion and vote on Items 18, 19 and 21. Mr. Joe Dees requested that Item 3 be withdrawn for discussion. There were no comments from the Council. Minutes - Regular Council Meeting May 13, 2003 - Page 2 A motion was made and passed t approve Items 4 through 23, constituting the consent agenda, except for Item 3, which was withd awn for individual consideration. City Secretary Chapa polled the Council for their votes and the ollowing items passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". (NOTE: An emergency was declared for item 15b, 16b, 17a, and 18; Kelly abstained on Item 9; Noyola abstained on Items 18, 19, and 21) 4.a. MOTION NO. 2003-167 Motion to rescind the away to Material Handling Services of Corpus Christi, Texas in the amount of $287,500.55 and all action regarding previous bids received under Bid Invitation No. BI -0002-03, by repeali g Motion No. M2002-410. 4.b. MOTION NO. 2003-168 Motion approving supply agreements with the following companies for the following amounts, for improved righ -of-way strip mowing, based on low bid in accordance with Bid Invitation No. BI -0002-03 r a total estimated annual expenditure of $288,125.89, of which, $72,031.47 is for FY2002- 003. The term of the contract shall be for twelve months with options to extend for up to iwo additional twelve-month periods, subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by the Storm Water Department. NNA Financial & Manageient Co., Inc. W.W. Services Austin, Texas Victoria, Texas Groups:1 -4 & 6 Group: 5A $190,244.89 $53,424 J.Z. sawn Service Co _us Christi Texas Gro p: 5B $44,.57 Grand Total: 288,125.89 5. MOTION NO. 2003-169 Motion authorizing the City Manager or his designee to execute a construction contract with J.M. Davidson, Inc. of Corpus Christi, Texas in the amount of $278,666 for the Arcadia Lift Station Odor Control Systebi. (BOND ISSUE 2000) 6. MOTION NO. 2003-170 Motion authorizing the City Manager or his designee to execute Change Order No. 1 with King -Isles, Inc. of Corpus 'Christi, Texas in the amount of $147,073 for the Intersection Approach Improvements atl Waldron Road. Minutes - Regular Council Meeting May 13, 2003 - Page 3 7. MOTION NO. 2003-171 Motion authorizing the Cit contract with Freese & N engineering services for An 8. MOTION NO. 2003-172 y Manager or his designee to execute Amendment No. 1 to a chols, Inc. of Austin, Texas in the amount of $131,200 for nual Inspection and Monitoring Program at Wesley Seale Dam. Motion authorizing the Cit Manager or his designee to execute Change Order No. 8 with Laughlin -Thyssen of Hous on, Texas in the amount of $468,729 for the Blucher Arroyo Storm Water Drainage St ture Project. 9. MOTION NO. 2003-173 Motion authorizing the Ci Manager or his designee to execute Change Order No. 1 for the Multi -Purpose Arena with ulton Coastcon, Joint Venture of Corpus Christi, Texas in the amount of $572,309 for ch nges in the structural, acoustical deck, glazing, electrical and other systems. 10. MOTION NO. 2003-174 Motion authorizing the Ci Manager or his designee to execute Amendment No. 5 to an engineering services agree ent with Goldston Engineering, Inc. of Corpus Christi, Texas in the amount of $55,000 f r project management services for the Bond Issue 2000 Street Improvement Projects. (B ND ISSUE 2000) 11. RESOLUTION NO. 025212 Resolution authorizing the city Manager or his designee to execute a contractual agreement for Right -of -Way Procurement - Local Government with the State of Texas, Texas Department of Transportat on for reimbursement of the cost for water line adjustment in conjunction with the State ighway Clarkwood Relief Route. 12. RESOLUTION NO. 025283 Resolution recognizing the public necessity of acquiring waterline, surface site and construction easements for the Rincon Bayou Diversion Pipeline, Project No. 8416 for a water pipeline and pumping station in connection with the project and other municipal purposes; and authorizing'acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring the necessary easements. 13. RESOLUTION NO. 02524 Resolution authorizing the City of Corpus Christi to perform equivalent -match project (Laguna Shores Road Improvements Project No. 6158) in return for waiver of the local match fund participation requirement on the approved Federal Off -System Bridge Program (Participation -Waived) projects not yet awarded as Shown on Attachment 1. Minutes - Regular Council Meeting May 13, 2003 - Page 4 14. MOTION NO. 2003-175 Motion appointing Melody Island Development Corpo 15.a. MOTION NO. 2003-176 Cooper to serve as a member of the Board of the North Padre ation (NPID) to a term ending December 31, 2003. Motion authorizing the Cit Manager or his designee to accept the Summer Food Service Program Grant from the Te as Department of Human Services to provide summer lunches and snacks to citizens ages u ne to eighteen at summer youth recreation programs throughout the community. 15.b. ORDINANCE NO. 02528 Ordinance appropriating a : ant in the amount of $416,840 in the No. 1050 Federal/State Grants Fund from the Tex. s Department of Human Services to operate a Summer Food Service Program for Sum -r Recreation Program participants ages one to eighteen years. 15.c. RESOLUTION NO. 025286 Resolution authorizing th City Manager or his designee to execute an Interlocal Cooperation Agreement wi Corpus Christi Independent School District to provide summer food services for Summer ecreation Programs. 15.d. RESOLUTION NO. 025287 Resolution authorizing th City Manager or his designee to execute an Interlocal Cooperation Agreement ith Corpus Christi Independent School District to provide transportation services for outh Recreation Programs. 16.a. RESOLUTION NO. 025288 Resolution authorizing the ity Manager or his designee to accept an $10,000 grant from the Texas Department of Publi Safety Division of Emergency Management in the amount of $10,000, under the FY2003 acilities and Equipment Grant, for the purchase of audio, visual and communication equip ent for the Emergency Operations Center, with a City in-kind match of $10,000 and a total project costs of $20,000. 16.b. ORDINANCE NO. 025281 Ordinance appropriating $10,000 from the Texas Division of Emergency Management in the Federal/State Grant Fund P41o. 1050 for the purchase of audio, visual and communications equipment for the Emergerlcy Operations Center. Minutes - Regular Council Meeting May 13, 2003 - Page 5 17.a. ORDINANCE NO. 025290 Ordinance appropriating $3 ,807 from the interest earnings in the Unreserved Fund Balance of Fund No. 3170, Comp ter System Fund to pay the arbitrage rebate to the Internal Revenue Service; amendin the FY2002-2003 Capital Budget adopted by Ordinance No. 025144 to add $37,807 to nd No. 3170, Computer System Fund. 17.b. MOTION NO. 2003-177 Motion authorizing the Ci Manager or his designee to pay $37,807 of excess arbitrage interest earnings to the U.S Treasury for the Combination Tax & Revenue Certificates of Obligation, Bond Series 19 8, as required by the U.S. Treasury at each five-year anniversary date. 18. ORDINANCE NO. 025291 Ordinance appropriating $688,472 in Airport Operating Fund 4610; transferring $688,472 into the Airport Capital Reserve Fund 4611 for Airport Capital Projects and Capital Expenditures; Amending FY 2002-2003 Operating Budget adopted by Ordinance No. 024974 to increase appropriations by $688,472. 19. ORDINANCE NO. 025292 Ordinance authorizing the 1ity Manager or his designee to execute Lease No. DTFA07-04- L00560 with the United Sta es of America, Department of Transportation, Federal Aviation Administration for the us of land sites at the Corpus Christi International Airport in consideration of the obligat ons assumed by the government in its establishment, operation and maintenance of runwaylights and other equipment upon the leased premises for a term of one year. 20. FIRST READING ORDINANCE Authorizing the City Manaer or his designee to execute a ten-year lease with Padre Little League, Inc., a non-profit cprporation, for the use of Bill Witt Park and in consideration of Padre Little League, Inc. maintaining the premises and improvements. 21. ORDINANCE NO. 025291 Second Reading Ordinanc4 - Authorizing the City Manager or his designee to execute a long-term lease agreement with Smarte Carte, Inc. for the operation of a self service baggage cart rental concession at the Corpus Christi International Airport in consideration of payment of ten percent of the conceOsionaire's gross monthly revenues for a term of sixty months. (First Reading - 4/08/03) Minutes - Regular Council Meeting May 13, 2003 - Page 6 22.a. ORDINANCE NO. 025294 Second Reading Ordinanc= - Authorizing the City Manager or his designee to execute a three-year lease with the Iri.h Cultural House, Inc., a non-profit corporation, for the use of the McCampbell House loc: ted in Heritage Park and in consideration of the Irish Cultural House, Inc. maintaining the premises and improvements. (First Reading - 4/15/03) 22.b. ORDINANCE NO. 025295 Second Reading Ordinanc: - Authorizing the City Manager or his designee to execute a three-year lease with the H. Boyd Hall Branch of the NAACP, a non-profit corporation, for the use of the Littles-Martin House located in Heritage Park and in consideration of H. Boyd Hall Branch of the NAAC maintaining the premises and improvements. (First Reading - 4/15/03) 23. ORDINANCE NO. 02529 Second Reading Ordinance - Amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Lit in Certain Zones, by revising the speed limits on the following street section: (First Readi g - 4/29/03) On Callicoatte Roac, (F.M. 1694): revising the existing speed limits to the following: 45 mph from IH37 Northbound Frontage Road south 1.391 miles (7,344.48') to the city limit line; and providing the penalties. Mayor Neal opened the disicussion on Item 3 regarding a supply agreement with Sanfords Wrecker Service. Mr. Joe Dees asked that the Council consider tabling this item for further review and possible re -bid. He commente$ that he thought the bid process was not straightforward, saying that the bids had been postponed sgveral times. He also stated that it was in the city's best interest to have one vendor providing al their equipment. Mr. Mike Barrera, Director of Materials Management, responded that they¢ were several amendments to the bid invitations because of changes to rotation and insurance tlequirements for wrecker services. He said that at one time, the city did have one vendor to provideiall equipment, but staff found that they were not receiving many competitive bids. For this reason, he said the bids were split into different categories to increase the number of bids. He stated them was a $26,000 difference between Mr. Dee's "all or none" bid and the bids received for category 1 and 2 type vehicles. Council Member Garrett a$ked if Sanfords Wrecker Service and Amey's Wrecker Service had the same owners. Mr. Barreral answered affirmatively. Council Member Colmenero asked if this was an instance where the companies were underbidding because of the disparities between the bids. Mr. Jim Davis, Director of General Services, said that the wrecker service is paid on a unit price consisting of the number of units hauled, which is set in the contract. Therefore, he said that it was impossible to "buy the conttact" because the wrecker service would have to honor the unit price or default on the contract. Minutes - Regular Council Meeting May 13, 2003 - Page 7 Mr. Chapa polled the Council for their votes and the following motion passed with the following vote: Neal, Chesney, C lmenero, Cooper, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Garrett voting "No". 3. MOTION NO. 2003-166 Motion approving a supply Texas for wrecker service Invitation No. BI -0003-03 of which $10,206.24 is fo months with an option to e the approval of the suppli budgeted by Maintenance agreement with Sanfords Wrecker Service of Corpus Christi, for category 1 and 2 type vehicles in accordance with Bid ased on low bid for an estimated annual expenditure of $40,825 FY2002-2003. The term of the contract will be for twelve tend for up to two additional twelve-month periods subject to r and the City Manager or his designee. Funds have been ervices and the Fire Department in FY2002-2003. Mayor Neal referred to the presentations on the day's agenda. The first presentation was regarding the Velocity Games to b4 held in Cole Park from May 21-26, 2003. Mr. Michael Reyes with Idea! Worldwide, said that thq Velocity Games have been in existence for 16 years and that it is formally know as the U.S. Op Windsurfing Regatta. He stated that the event had received a major sponsorship and was expand ng to become a signature event for the city. Mr. Reyes said that the event was the vision of the late eter Nordby, who will be honored by proclamation on May 25, 2003. The featured events will inplude windsurfing, kiteboarding, and a BMX superskate. Mr. Reyes reported his group will be donating the BMX ramp that was built exclusively for the games to the city for their use. He also reported that over 200 participants from over 30 countries will be competing in the games. Mr. Reyets estimated that approximately 5,000 to 7,500 people would be in attendance. Finally, he discussqd the publicity campaign and sponsorships for the event. City Manager Noe recognized Mr. Dan Whitworth and the Park and Recreation Department for their assistance with the Velocity Games. The second presentation volas a Local Emergency Planning Committee (LEPC) Program update. Fire Chief J. J. Adame spo$e about the four milestones the committee has reached over the last year. He said that the committbe is in its tenth year of an interlocal agreement with the county and the Port of Corpus Christi to operate and maintain the LEPC. The county and Port each provide a $10,000 annual contribution and the city provides in-kind support for the organization. He said that the City/County LEPC is a nat onally recognized organization, having won numerous awards. Chief Adame identified the followigig four milestones: a tabletop drill on March 25 to test the unified command procedures and the various tools available; development of teaching kits geared for the fifth -grade level; a grant for $12,0010 received as part of the Spring Campaign to fund brochures and infomercials; and the new and improved LEPC website, with a down loadable Teacher's Guide and information on Shelter in Place. Chief Adame thanked the Council and the City of Corpus Christi for their support and participation in this project. Mayor Neal commented that this program was a great example of intergovernmental cooperation. The final presentation was ,regarding the implementation of the National Golf Foundation Master Plan. Mr. Noe commented that the implementation plan being presented today was endorsed by both the Municipal Greens Committee and the Park and Recreation Advisory Committee. Mr. Minutes - Regular Council Meeting May 13, 2003 - Page 8 Dan Whitworth, Director of the P rk and Recreation Department, reported that for a number of years, the Golf Fund has collected a surcharge to be used to construct a new golf course and/or make capital improvements to the existi g courses. He said that at the end of this fiscal year, without changes in the current fee structur , staff would have to use funds from the surcharge reserve to make the budget balance. Mr. Whitworth stated tha improvement plan would not be ad to find ways to increase the fee improvements to the courses. On complete replacement of the go approximately 140 carts. With the deficit would be made up through t the increase will generate $2.326 that the implementation plan does fee increase. Mr. Scott asked ifsta in play. Mr. Whitworth responde mirrors national and state trends. to the courses and replacement of staff felt that postponing the implementation of the NGF sable. Thus, staff reviewed the fee structure and operating costs tructure to maintain the surcharge reserve as well as make of the most important upgrades is that the plan calls for the f cart fleet at both Oso and Gabe Lozano golf courses, ee increase, the city would begin with a deficit in FY 03, but the e revenues generated in FY 04. Mr. Whitworth estimated that illion. In response to Mr. Scott's question, Mr. Whitworth said ccount for a 6% decline in rounds at the courses along with the thought that prior fee increases were responsible for the decline that play has declined over the last two years, but this trend r. Noe added that the fee increase will result in improvements e golf cart fleet. Mr. Whitworth presented a proposed fee increase plan which will allow for the surcharge funds to be used to begin implemen ing the Master Plan during FY 02-03. However, Mr. Whitworth said that the surcharge funds were ijsufficient to finance the entire plan. He stressed that some plan elements will have to be included ni future bond programs. Mr. Kinnison asked if staff had looked into financing the improvements eXclusively through surcharge fees. Mr. Noe responded that the surcharge fees would only generate�pproximately $120,000 per year, which would only finance $1- $2 million in improvements over 2 years. Mr. Noe added that the plan was to upgrade the existing courses with the surcharge increase and fund for the expansions with future bond programs. Mr. Kinnison stated that if rounds were increased by 10%, then costs would remain the same but the increase would generate $200,000 plus additional revenue. Mr. Whitworth responded that increasing the fees was a priority, but there were credibility issues that the city would have to meet in terms of golfers expectations before the fees could be raised. Mr. Noyola expressed his iconcern that the fee increases would turn golfers away. Mr. Whitworth said that staffs goal is tp establish an improvement schedule that will reinforce that the funds are going towards improvements to the course. The hope is that the improvements will stem the loss of rounds and eventually improve the situation as the economy improves. Mr. Noe added that increases in the number of rounds in Corpus Christi would buck national and state trends. Mr. Kelly asked Mr. Whitworth if the Municipal Greens Committee and the Park and Recreation Advisory Committee endorsed the entire implementation plan or if they had voted group by group. Mr. Whitworth replied tljat the committees endorsed the fee increase schedule that would be required to implement the plan, surcharge improvements to begin immediately and then the balance of the improvements to be financed through a bond issue. Mr. Kelly said that he had understood that the golf fund surcharge was to go solely towards constructing a third golf course, not towards improvements on the other courses. Mr. Whitworth said that staff's research indicates that the surcharge was for a third golf course and/or improvements on the other courses. Mr. Kelly Minutes - Regular Council Meeting May 13, 2003 - Page 9 asked if additional operation and intenance fees were included in the plan to account for adding 27 new holes to the existing course . Mr. Whitworth replied that the additional holes would not be in place in FY 2004 but said that dditional costs would be incurred once they were added. Mr. Kelly replied that staff's numbers might then be considered optimistic. Mr. Whitworth said that he did not consider them to be optimi.tic for FY 2004, but that staff would have additional work in future years. Mr. Kelly observed t at the bulk of the proposed bond costs, $4.8 million out of the $7.4 million, were allocated for t e additional holes. He said that he thought improvements in Groups 1, 2 and 4 would create a b tter opportunity to improve the number of rounds because they would focus on improvements to e isting courses. He asked if funding improvements in Groups 1, 2, and 4 would be feasible solely ith expected revenues from the course. Mr. Whitworth replied affirmatively, assuming an increas in rounds. Mr. Scott asked why Corp s Christi could not support more golf courses like other cities. Mr. Whitworth replied that San tonio is having similar budgetary problems, even considering shutting down one of their munici ' al courses next year because of decreasing revenues. Mr. Noe added that San Antonio has six co rses, two of which are considered championship level courses and charge more than others. Mr. cott asked staff to maintain a dialogue with the neighborhood as they move forward with the a'ditional nine holes at the Oso Golf Course. Mr. Whitworth responded that staff has already co acted the president of the neighborhood association and intends to maintain a dialogue with them. Mr. Noe commented that staff would also be pursuing grant opportunities for the proposed beginner's course, such as First Tee and the Tiger Woods Foundation. Mayor Neal deviated fro the agenda and opened discussion on Item 28 on the regular agenda regarding the Corpus Christ Business and Job Development Corporation (CCBJDC) policies and budget. Mr. Mark McDaniel, McDaniel, rifirector of Management and Budget, said that this was a two part item. Part A covers the policy thaf addresses Proposition 2 and Part B is the CCBJDC proposed budget for the remained of FY 03 nd FY 04. To develop the policy, 141r. McDaniel said that staff looked at several sources for information, including the city's current tax abatement policy, a survey of other 4A boards in the state, and dialogue with local business organizations in the area. Mr. McDaniel highlighted several aspects of the policy, including the focus on attracting only primary employers and a special set of incentives for small businesses. Mr. Scott asked if the employer had to locate inside the city. Mr. McDaniel answered affirmatively, if there was a capi a1 investment involved. If the incentive was offered for job training, then 51% of the employes would have to be residents of the city. He asked if the living wage requirement was applicable to small businesses. Mr. McDaniel said that the board would look at this on a case-by-case basis. Mr. Noe commented that the adopted ordinance limited the job creation to Corpus Christi. Mr. McDaniel reviewed th4 budget portion of this item. Mr. Scott asked if the board would be spending monies toward afford$ble housing this fiscal year. Mr. McDaniel said that the board was currently studying the affordable housing issue. He anticipates that within the next two months, the board will have a policy in place. There was no public comment. Mr. Chapa polled the council Minutes - Regular Council Meeting May 13, 2003 - Page 10 for their votes and the following esolution passed with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.a. RESOLUTION NO. 02529$ Resolution approving the ity of Corpus Christi, Texas, Business and Job Development Corporation's Guidelines a l d Criteria for granting business incentives. 28.b. RESOLUTION NO. 02529 Resolution approving the Corporation's Budgets for t 2004. Mayor Neal opened discus to several council corporations. Th Chapa polled the council for their Neal, Colmenero, Cooper, Garrett, absent. 29. MOTION NO. 2003-178 Motion appointing Counci Finance Corporation and tI ity of Corpus Christi, Texas, Business and Job Development e remainder of Fiscal Year 2002-3003 and for Fiscal Year 2003 - ion on Item 29 regarding the appointment of council members re was no public comment or Council comment. City Secretary otes, and the following motion passed with the following vote: elly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was Members as Board Members of the Corpus Christi Housing Corpus Christi Industrial Development Corporation. (Recess Regular Council meeting for City Corporation Meetings) Mayor Neal announced the !executive sessions, which were listed on the agenda as follows: 31. Executive session under Tfxas Government Code Section 551.071 regarding Esmeralda Cantu Gavlik vs. Albert Garcia and the City of Corpus Christi, Cause No. 02-61406-2, County Court at Law No. 2y Nueces County, Texas, with possible discussion and action in open session. 32. Executive session under T@xas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al No. 96-12-7404-A, 107t District Court, Cameron County, T¢xas; the remaining related claims of the City of Corpus Christi; and similar claims of the Cilty of Corpus Christi against other similar entities, with possible discussion and action in opon session. 33. Minutes - Regular Council Meeting May 13, 2003 - Page 11 WITHDRAWN o,npa„ q with posm d,o�,uswoll and . 34. Executive session under Teas Government Code Section 551.071 regarding an application to the Texas Commission n Environmental Quality for a bed and banks permit, with possible discussion and act on in open session. The Council went into exec tive session. The Council returned from executive session and Mayor Neal opened discussion o Item 27 regarding the Texas Commission on Environmental Quality. There was no public co ment or council comment. City Secretary Chapa polled the Council for their votes and the folio ing resolution passed with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, oyola and Scott, voting "Aye"; Colmenero was absent. 27. RESOLUTION NO. 0252917 Resolution requesting the Texas Commission on Environmental Quality to uphold its historic practices on the return of water to a watercourse or stream. Mayor Neal read the folio ing motions, which were passed with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, K nison, Noyola and Scott, voting "Aye"; Colmenero was absent. 31. MOTION NO. 2003-179 Motion authorizing the Cit} Manager to approve the settlement of Esmeralda Cantu Gavlik vs. Albert Garcia and the City of Corpus Christi, Cause No. 02-61406-2; In the County Court at Law No. 2, Nueces Cour ty, Texas, subject to availability and certification of funds. 34. MOTION NO. 2003-180 Motion authorizing the CiManager to approve a Legal Services Agreement with Timothy L. Brown to represent theity before the Texas Commission on Environmental Quality on various water permitting gpplications and to provide legal advice on water rights and permitting issues at an houtly rate of $175, subject to availability of funds. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Noe reported on the continuing series of sinkhole problems related to thea city's storm drainage system, specifically on Ocean Drive and near Santa Fe and Louisiana Parksay. He said that fortunately, most of the issues were unrelated to the base structures themselves and were repairable. Mr. Noe said that he had asked Angel Escobar, City Engineer, to work 0n a contract with a local firm to assess the condition of the facilities throughout the community to identify problem areas proactively. Mr. Escobar displayed photos of the problem areas. He rqported that there were eight major boxes in the city and said he would work with a local firm, probably Shiner Moseley, to inspect them to see if there is any serious structural damage. Mayor Neal called for Council concerns and reports. Ms. Cooper asked if the series of Minutes - Regular Council Meeting May 13, 2003 - Page 12 sinkholes were merely a coincidenc . Mr. Escobar answered affirmatively. Mr. Scott asked if it was unusual that the sinkholes were oc urring in dry weather. Mr. Escobar agreed that it was unusual. Mr. Colmenero asked that the pho s Mr. Escobar was displaying be placed on the city's website to illustrate the need for storm wat r improvements. He also asked that the late Mr. Peter Nordby, patron of the Velocity Games, be r cognized by the city for his efforts. He asked staff to look into plans for the BMX ramp that was oing to be donated to the city. He asked staff to provide a list of the contractors and engineers cu ently working on projects. Finally, he asked for a status report on the grant for the boardwalk, po sibly as a presentation item. Mr. Kelly asked if the sex Ily oriented business ordinance was going to be discussed on May 20. Mr. Noe confirmed that i was. Mr. Scott also asked that the city recognize the late Mr. Peter Nordby. In response to Mr. S ott's question, Mr. Noe said that the PCA for Packery Channel was to be signed today in Washingt n, D.C. Mr. Scott asked staff to discuss ways to minimize trash at Packery Park with the county. inally, Mr. Scott asked staff for an update on the status of the state's redistricting bill. Mr. Garre(asked if the city was working closely with CCISD to establish summer activities for area youth. r. Noe and Mr. Whitworth said that summer programs were going to be in place. Mr. Garrett asked about the status of the traffic engineer job vacancy. Mr. Noe said that this position is difficult td recruit for but the search is ongoing. Mr. Noyola asked why he was not notified about a meeting held at Cunningham Middle School on Thursday or Friday of 14st week. Mr. Noe said that the meeting was regarding the pilot program for the new Neighborhood Initiatives Program. Mr. Noyola replied that he should have been notified because he was receiving calls from constituents about his absence. He asked for a list of concerns. Mr. Noe said he ivould ensure that Mr. Noyola received a notice next time. Mr. Noyola requested a status report on odor problems with a ditch near Corona. Mr. Massey said that there was a substance that was infi trating the storm water system at that location. He emphasized that it was not raw sewage. He reported that the city's environmental quality specialists have been tracing lines to find the source. Mr Massey said that staff would endeavor to educate the public on the problem. Ms. Cooper commented that she attended the Parade of Homes opening recently and said that she was impressed with the numbek of homes being displayed. She said that the Mayor noted that a only a few years ago, it would ha* been unusual to see 27 new homes being displayed in this area. She said that it demonstrated that the economy was improving in Corpus Christi. She congratulated the builders for their efforts and the city for its progressiveness. Mr. Kinnison requested that, along with the legislative report, he would like a report on whether the current situation in the Texas House has jeopardized any pending bills of local interest. * * * * * * * * * * * ** Mayor Neal called for petjtions from the audience. Mr. Jack Gordy, 4118 Bray, spoke against the use of utility funds for Other uses not associated with that department. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding a,pending health insurance claim for a city employee. Mr. Abel Alonzo, 1701 Thames, thanked the Mayor and Council for the retreat held last week, saying it was very informative. Mayor Neal recessed the council meeting until 6:00 p.m. for the Community Development Minutes - Regular Council Meeting May 13, 2003 - Page 13 Block Grant public hearing. Mayor Neal reconvened the to read agenda items 35a and 35b p Development Block Grant (CDBG 35.a. Public hearing regarding Plan/Annual Action Plan (1 (CDBG), HOME Investme Programs. * * * * * * * * * * * * * Council meeting at 6:00 p.m. and asked City Secretary Chapa rtaining to the FY 2003 Consolidated Plan for the Community ie City of Corpus Christi's proposed FY2003 Consolidated P/AAP) that is for the Community Development Block Grant t Partnerships (HOME) and Emergency Shelter Grants (ESG) 35.b. Council discussion and pos4ible action on a tentative list of projects/activities to be funded. A motion was made, secon the hearing by informing the audie would present each project solicitir state the amount requested, the ai ed and passed to open the public hearing. Mayor Neal prefaced ice on the process for conducting the hearing. He stated that he g funds in the numerical order provided by staff. He would then count proposed by staff and the amount recommended by the Planning Commission. He said tllat the Council would be following the staff recommendation unless noted otherwise. If a council member chooses to make a suggestion to change the allocation as recommended, then that council member must say from which project they would like to take funds from to add to another project. He stated that he would ask for public comment on each item prior to being considered by the Council. Mayor Neal read each item and the amounts recommended and then asked for public comment. The following individupls spoke in support of item 18, regarding the Manshiem Area Drainage Improvement Phase 2 prpject: Mr. Danny Noyola; Ms. Priscilla Leal, 4738 Cheryl; Mr. Mike Cepeda, 4533 Townshend; Mr. Roland Garza, 2854 Alvin; and Mr. David Noyola, 909 Marie Circle. The following individuals sipoke in support of item 30, regarding the Unified Development Code: Ms. Elizabeth Chu Richter;s. Brooke Sween -McGloin, 3301 San Antonio; and Ms. Connie Rivera. The following individuals spoke in support of item 33 for Accessible Communities, Inc.: Mr. Abel Alonzo, 1701 Thames; $'Ir. Dick Johnson, 3102 Napa; Ms. Karen Cornelius; and Mr. Jimmy Rodriguez, 4002 Up River Road. Mr. Dan Viola spoke in support of item 34 for the Boys and Girls Club of Corpus Christi. The following individuals spoke in support of item 40 for the Habitat for Humanity: Mr. Gary Lijttle and Mr. Terry Orf, 3725 Aransas. Mr. Jose Mascoro spoke in support of item 44 for the Lexington Manor Apartments. Mr. Bill Gregorcyk, 241 Amistad, spoke in support of item 45 for the Women's Shelter. For the ESG program fundipg, Ms. Ginger Fluelling-Leeds spoke in support of funding for item 3 for Corpus Christi Metro Ministries. There was no public comment on the HOME program items. A motion was made, seconded and passed to close the public hearing. Mayor Neal asked for Council comment on amendments to the proposed projects as he presented them in numerical order. Council Member Colmenero made a motion to add $55,795 to item 33 for Accessible Minutes - Regular Council Meeting May 13, 2003 - Page 14 Communities, Inc. and that the sam amount be deducted from item 43 for the South Texas Informer Educational Foundation. The mot on was seconded by Council Member Kinnison. Mayor Neal asked for public comment on the otion. An unidentified gentleman and Ms. Beverly Winters, director of the South Texas Inform r Educational Foundation, spoke in support of maintaining the funding levels recommended by st ff and the Planning Commission. City Secretary Chapa polled the Council for the vote and the m tion passed by the following vote: Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, votin "Aye"; Neal and Cooper, voting "No"; Chesney was absent. Council Member Kinnison made a motion to deduct $19,205 from item 43 for the South Texas Informer Educational Found tion and to deduct $795 from item 7 for the Clearance of Vacant Properties, adding the said amou s to item 34 for the Boys and Girls Club. The motion was seconded by Council Member Col enero. There was no public comment. City Secretary Chapa polled the Council for their vote , and the motion failed by the following vote: Colmenero, Kinnison, Noyola and Scott, voting "Aye"; Neal, Cooper, Garrett and Kelly, voting "No"; Chesney was absent. Council Member Scott made a motion to deduct $19,205 from item 43 for the South Texas Informer Educational Foundation airid add the same amount to item 34 for the Boys and Girls Club. The motion was seconded by Council Member Colmenero. There was no public comment. City Secretary Chapa polled the Council for their votes, and the motion passed by the following vote: Colmenero, Garrett, Kelly, KinnisOn, Noyola and Scott, voting "Aye"; Neal and Cooper, voting "No"; Chesney was absent. Council Member Noyola milde a motion to deduct $35,000 from item 7 for the Clearance of Vacant Properties program and add the same amount to item 44 for the Lexington Manor Apartments. The motion was seconded by Council Member Kinnison. There was no public comment. City Secretary Chapa polled the Council for their votes, and the motion failed by the following vote: Colmenero, Kinnislon, Noyola and Scott, voting "Aye"; Neal, Cooper, Garrett and Kelly, voting "No"; Chesney was absent. Council Member Kinnison jnade a motion to deduct $37,405 from item 7 for the Clearance of Vacant Properties program and iidd the same amount to item 45 for the Women's Shelter. The motion was seconded by Council Member Colmenero. There was no public comment. City Secretary Chapa polled the Council for their votes, and the motion passed by the following vote: Chesney, Colmenero, Garrett, Kinriison, Noyola and Scott, voting "Aye"; Neal, Cooper and Kelly, voting "No". Mayor Neal then asked for approval of item 35b, the FY 2003 CDBG Consolidated Plan project list, as amended by the preceding motions (Note: see Attachment "D"for the amended project list, included as part of the$e minutes). The amended plan was approved by the following vote: Neal, Chesney, Colmenero, Cj'oper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:40 p.m. on May 13, 2003. * * * * * * * * * * * * * Revised 05-13-03 FY2003 CDBG Allocation ITY OF CORPUS CHRISTI FY 003 ANNUAL ACTION PLAN PR VED FY2003 CDBG PROGRAM AP $4,219,000 Reprogrammed Funds $734,152 Program Income from Rehabilitation Program $700,000 TOTAL FUNDS AVAILABLE FOR FY2003 CDBG ROGRAM $5,653,152 Business Resource Center - Current Project f nding 0 $110,000 The City of Corpus Christi Business Resource C= ter is requesting funding for operational expenses 1 including staff salaries and benefits for 3 people - d administrative costs. The mission of the BRC is to promote the growth of small businesses by provi • ng information and technical assistance on contracting opportunities, certifications, financing, bonding, in.urance, business planning, and marketing. 2 $110,000 CDBG Program Administration - Current Pro) = t funding 0$455,600 Administrative cost covers the staff salaries. The staff is responsible for administering the Community Development Block Grant (CDBG), the HOME In estment Partnership (HOME), and the Emergency Shelter Grant Programs. The staff interprets CDBG, 140 E, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects anactivities to determine funding eligibility, monitors subrecipients, provides technical assistance, con ucts environmental assessments of funding projects/activities, and enforces Davis Bacon fed ral wage rate requirements. $453,364 3 City of Corpus Christi - Public Facilities and 1 provements - New Project This project cost will cover design, engineering, .,nsulting, and contingency of facility barrier removaLmprovements. See expanded wor t $599,805 4 Clearance of Vacant Properties Program - New Project The activity will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, junk accumulation, and other unsightly, objectionable pr unsanitary matter. The properties will be bid out to contractor to clear the properties. Liens will be placed against the properties to cover the costs incurred. $164,595 5 Code Enforcement Program - Current Project funding 0 $109,938 The salaries of four (4) code enforcement inspectors and 1/2 salary of a clerk will be funded in the amount of $161,701.40. Funds in the amount of $125,408.58 will be used for program delivery costs. The inspectors are responsible for inspecting properties within the CDBG target area for violation of city code and health ordinances. Inspections are conduced on particular violations. The inspectors will also implement a comprehensive approach to coordination of multi departmental teams of city services and programs to address specific needs of each neighborhood. $262,110 6 Comprehensive Planning Assistance - Currerjt Project funding 0 $75,000 The Comprehensive Planning work product for 03.04 will be to create a comprehensive draft revision to the Corpus Christi Policy Statements. The Corp Christi Policy Statements were adopted by City Council in 1987 and have not been comprehensively revi ed and updated for over 15 years. The revision and approval process will take two years and consoli to Area Development Plans and Citywide Future Land Use and Transportation elements into a single d ument. The first year of funding will allow staff to draft the revisions to the Corpus Christi Policy Statement The second year of this two-year project will include the public hearing, revision and approval process. $75,000 7 Corpus Christi Renewal Com/Econ. Dev. - Current Project funding 0 $20,000 The request for $111,280 is to provide funding to the City of Corpus Christi to implement the Renewal Community Tax Incentive Utilization Plan and the Course of Action and to market available forms of assistance that will spur and promote economic development in Corpus Christi. Additionally, due to the complex nature of the Internal Revenue Code (IF C), contracting with professionals with expertise in IRC will be needed. $20,000 8 Demolition Grant Program - Current Protect f inding 0 $170,000 The removal of unsafe structures is a priority in neighborhood revitalization in the community. The Code Enforcement staff identifies structures that are unoccupied, open, and dilapidated. A total of $2,000.00 will be expended for the processing of the unsafe str(tcture and a total of $213,700.00 will be expended in the board up and/or demolition of unsafe structures. $215,700 1 9 Emergency Home Repair Grant Program - Current Project funding 0 $884,000 Funds are used to provide emergency repair grants up to $6,500 to homeowners who are 65 years or older, very low-income and/or persons with disabilities. The program is designed to only address hazardous conditions related to roofing, heating, plumbing, eectrical, and minor structural repairs. It is anticipated that 153 homeowners will be assisted. $1,000,000 10 Garcia Arts Educ Center Area Street Improvement This proposal requests additional funds for ROW the Neighborhood Childcare Center for damages provide for a straight alignment of Marguerite St. iistead requested for street and drainage construction for increases parking for local residents and activities Phase 1 & 2 - Past Project funding 0 $265,000 acquisition, demolition, relocation, and compensation to o existing structure. The additional ROW is necessary to of a curvilinear alignment. Future funds will be 11th, 17th and Marguerite St.. This street alignment in the Arts Center & Neighborhood Childcare Center. $80,000 11 H. P. Garcia Park - Past Project funding for Garcia Plan, design, and implement general site grading, drainage of area ($15,000). Plan, design, and install surfacing material ($78,750). Plan, design and in Roadway should lead to playground area ($42,000). air pavilion ($35,000). Plan, design, and install a (covered table, BBQ pit and trash container) installed Park Plan 0 $65,000 leveling for conditions to allow future use and proper a playground with curbing system to contain resilient stall a crushed shell roadway with concrete curbing. Plan, design, and install a 30" (round or square) open rail system with benches and picnic table systems on concrete pads along the trail ($19,850). $80,000 12 Housing Rehabilitation and Reconstruction Loan The Housing Rehabilitation Loan Program provides improvements to their houses. Itis anticipated that reconstructed. These funds will also be used to oemolish reconstruction of their homes. Program - Current Project funding 0 $1,200,000 loans to low income homeowners to repair and make 10-15 houses will be rehabilitated and 20-25 will be and relocate homeowners being assisted with the $1,133,000 13 Mansheim Area Drainage Impr. Phase 2 - Current This proposal consists of design and construction drainage culvert with curb, inlets, curb, and gutter Gabriel Street (Sunnybrook to Mansheim) and along The Proposed drainage culvert alignment will require in the immediate area of the construction of the uhderground Project funding @ $520,000 of Phase 2. Phase 2 includes the continuation of a replacement and pavement repair to be extended along Mansheim (Gabriel to approx. 150 ft west of Franklin). reconstruction of sidewalk, curb, gutter, and driveway culvert. $50,000 14 Mortgage Servicing Project - Current Project funding Will pay for salary and expenses for one person t funded through the Rehabilitation Loan Program. entered during fiscal year 2003-2004 and 117 de administrator include collection of current and de property taxes and of annual insurance premium given o customers regarding payment alternative reviewed by the NR Collections Manager to ass 0 $55,889 administer loans provided to low income homeowners The Portfolio consists of 870 active loans, plus new loans rred loans. The bilingual services provided by our nquent loans up to 120 days, payment disbursements of from escrow accounts. Personal, on site, counseling is and program rules. Operation and procedures are re internal control and compliance. $38,845 15 Rehabilitation Administration - Current Project Pays for staff salaries to provide support services processing. Development of specifications and pans, services associated with the various loan and grant funding 0 $602,600 to low and moderate income persons, such as loan inspections, housing counseling and other related programs. $580,000 16 Southmoreland Addition Area Street Improveinents This proposal consists of design and constructior9 driveways and underground drainage for Phase . to Watson approx. 300 I.f., Naples Street - Richard approx. 12501.f. Phase 3B - Past Project funding 0 $2,394,783 of 28" B -B street pavement curb, gutter, sidewalk, B. Phase 38 of this project consists of: Lewis - Clemmer to Watson approx. 750 I.f., Watson - Ayers to Naples $78,000 17 Sunnybrook/Evelyn/Gollihar/Kostoryz Area Sa & Drainage Improvement Phase 2 - Past Project funding 0 $406,000 This proposal consists of design and construction of 28' B -B st et pavement curb, gutter, sidewalk, driveways and underground drainage for Phase 2. Phase 2 of this project consists of Helen Street (Golihar to Sunnybrook) 1250 I.f. and Theresa (Helen and Evelyn) 300 1.f. $37,000 2 18 Unified Development Code - New Project An 18-24 month project to comprehensively upda e and unify the City's land development codes. CDBG funding is requested for 50% of the total project c sts over a two-year period. This funding request is for one(1) year, with plans to request the same amo nt for the 2004-2005 fiscal year. Local utility fund revenue will provide 50% share of the overall project cost . A major goal of the UDC will be to implement affordable housing policies in the City's Comprehensive Pla . $75,000 19 Weed & Seed Program - Current Project fundi The Weed and Seed Program is a comprehensive use and gang activity in high crime neighborhood neighborhoods, while at the same time "seed' the programs and Human Services to prevent crime 1 ig 0 $50,000 multi -agency approach to combating violent crime, drug The goals are to "weed" out crime from targeted target areas with a wide range of crime prevention om reoccurring within the target areas. $50,000 CIty Projects Total $5,102,419 3 20 CY, Accessible Communities, Inc. Construction of a new building, the Resource Cetter and storage space for persons/families with (croys) source for services, supports, and learning oppo Contribution $11,000 N'7.L t �`' m nsa LxY to a t_.T .34nvli '3:FLrf' 6 for Independent Living: for training, meeting, and office disabilities; providing an accessible, comprehensive unities, resulting in community inclusion. Capital U F. .Y+" eai aTh".;;"'t bbl :<v `. $120,795 21 Boys & Girl's Club of Corpus Christi Project is for the installation of air conditioning in neighborhood youth. our gymnasium, which is used primarily by our westside $99,205 22 Corpus Christi Hope House, Inc. Renovations to improve the living conditions fort capacity. Capital Contribution $29,000 e residents at our shelters and expansion of the shelter's $58,000 23 GOD'S GYM -Air Conditioning conditioning units. Replace old office unit and in New air tall four new units for gymnasium and classes. $40,000 25 Habitat for Humanity - Corpus Christi Habitat for Humanity Restore Building Project is health and safety. The building is in need of ext: roof as well as structural damage to the electrica The eeking funds to eliminate conditions detrimental to public sive roofing improvements to prevent the collapse of the system of the facility. $80,328 26 Nueces County Community Action Agency weatherize homes occupied by families from low $809,618 To to very low incomes in target areas. Capital Contribution $80,000 27 Women's Shelter of South Texas Rehabilitation and improvements of the emergen shelter rehabilitation includes repair and replace Exterior rotting wood will be replace and repaint:.. Rehabilitation of the support services facilities i ' system, security fencing, resurface and expansi • Contribution $10,000 y shelter and support services facilities. Emergency ent of ceiling, , tiles, doors, safety latches, and lighting. Replacement of the damaged track of the security gate. ludes roof replacement, expansion of current security of parking, and addition of sidewalk. Capital $72,405 Non Profits Total $550,733 TOTAL 5,653,152 4