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HomeMy WebLinkAboutMinutes City Council - 10/28/2003I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of October 28, 2003, which were approved by the City Council on November 11, 2003. WITNESSETH MY HAND AND SEAL, this the l lth day of November 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 28, 2003 - 1:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney Council Members: Javier D. Colmenero (Arrived at 1:20 p.m.) Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola ABSENT Mark Scott City Staff: City Manager George K. Noe Senior Assistant City Attorney Doyle Curtis City Secretary Armando Chapa Recording Secretary Rebecca Huerta Acting City Attorney Jay Reining Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Napoleon Johnson of Faith Mission Outreach and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 21, 2003. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2, a special discussion on Storm Water Capital Projects Funding Options. Mr. Mark McDaniel, Executive Director of Support Services, provided background information on the existing storm water system and its components. He also discussed previous Council actions regarding drainage funding. Mr. McDaniel stated that the total amount needed for existing Storm Water CIP projects was approximately $90 million. He said the operation and maintenance and permit compliance for these projects equaled about $7.7 million per year. Mr. McDaniel provided information on funding approaches in other cities, a number of which used a drainage fee or used a drainage district. Mr. McDaniel discussed the following funding approaches: continue funding through combined utilities (water) rate adjustments; formation of a drainage district; general obligation bonds/bond election (Bond 2004 and beyond); adoption of impact fees; and adoption of drainage utility/fee. With regard to the funding through combined utilities, Mr. McDaniel noted that this option would require a two percent increase, generating $1,627,000 per year in revenue and $19.5 million in project capacity. In reference to the new drainage district option, Mr. McDaniel stated that the district would Minutes - Regular Council Meeting October 28, 2003 - Page 2 encompass the city limits and the industrial district only. He said the district could raise approximately $2,124,000 a year in revenue for every two cents in property tax. He also stated the revenues could support a $25.5 million project capacity. With regard to the general obligation bonds option, Mr. McDaniel stated that they would fund capital improvements only. He said the bonds could provide approximately $1,789,000 a year in revenue for every two cents on the property tax rate, and the funds could support a $21.5 million project capacity. In reference to the impact fees option, Mr. McDaniel stated that this option was not being recommended for the following reasons: only tends to address new development; oriented towards very high construction growth; and difficult to administer. Finally, Mr. McDaniel stated that staff was recommending the fifth option, a new drainage utility fee. He said the fee could be used to fund capital improvements only. He stated that the fee would generate approximately $1,765,000 to $1,820,000 per year in revenue depending on the fee option used. The revenues could support a $21.2 million to $21.8 million project capacity. Regarding the drainage utility fee options, Mr. McDaniel said they were based on the following: 5A - meter connections; 5B - parcel/lot size; 5C - Land use/Zoning (residential vs. commercial); or 5D - combination of 5A and 5B. He said option 5A would be based on the number of meters and would be billed monthly based on the following rates: residential single family - $1.00; duplex - $3.00; and commercial - $10.00. This option would generate $1,774,956 in annual revenue (equivalent of approximately two percent on combined utility rates). He said option 5B would be based on parcel/lot size within the city limits and would be structured on a sliding scale, depending on the size of the property. He said option 5B would generate $1,820,112 in annual revenue. Option 5C would base the fee on land use/zoning for each property. The fee structure would be monthly and would generate approximately $1,764,634 in annual revenue. Finally, Mr. McDaniel said staff was recommending option 5D, a combination of options 5A and 5B, because it appeared to be the least burdensome to the citizens in terms of cost and should be easier to administer and maintain. This fee structure would be billed on a monthly basis. He said residential/duplex customers would be charged $1.20 per meter connection. Commercial and other entities would be charged between $3.00 and $10.00, depending on lot size, with a cap at more than 40,000 square feet. Mr. McDaniel stated that this option was estimated to generate $1,772,160 in annual revenue. Mr. McDaniel discussed the implementation process for option 5D. He said residential customers would be billed on a monthly basis through their utility bill. Commercial customers, however, would be billed either on a monthly utility bill or on a separate bill, depending on property ownership. He said only developed or improved property was subject to the fee. Finally, Mr. McDaniel stated the fee would be capped at $10.00 per month on a commercial property and $1.20 per month on residential property. Mr. McDaniel said the next steps in the process would involve the adoption of the capital budget and long-range CIP in December 2003. He said the proposed new fee would be effective August 1, 2004 in the FY 2004-05 budget cycle. He said staff's suggestion was to consider this fee Minutes - Regular Council Meeting October 28, 2003 - Page 3 as an option, as a supplement to the current funding provided for in the budget. Mr. McDaniel emphasized that the key would be to remain consistent with the recommendations made by the Storm Water Advisory Committee, but allow for more stability in a long-term funding source for storm water. Mayor Neal commented that the Council has established $25 million in utility funding in this year's budget through utility rate plus another $10 million. He asked Mr. McDaniel if the $20 million in revenues generated by this proposed fee would be in addition to this amount. Mr. McDaniel replied affirmatively. He said staff was working on the rate model for the capital budget now. Once it was completed, he said staff would have a more complete picture regarding the different funding scenarios. Mayor Neal expressed his concern that vacant lots were not subject to fees and that there was no way to capture revenues for agricultural run-off into the storm water system in staff's proposed plan. He said he wanted staff to look into ways to include these aspects into the plan and then present them for the Council's consideration. Mr. Mario Tapia, Assistant Director of Capital Projects, replied that the data for vacant lots was available and staff could include it for the next discussion. Council Member Chesney asked if staff had arrived at a specific figure needed for bond participation to fund storm water drainage projects. Mr. McDaniel replied that the needs for street improvements and other facilities were so tremendous that staff was not recommending the inclusion of the drainage improvements in Bond 2004 at this time. He said it could make sense later, however, once more prioritization of projects takes place. Council Member Chesney remarked that the Council was in the difficult position of addressing a long-term problem in a short period of time, which meant that the solution would be expensive. He wondered why staff was not recommending the inclusion of drainage improvements in the next bond election since the recommended funding options would be insufficient to fund all the necessary improvements. Mr. Chesney noted that the public had identified drainage improvements as a major priority. Mr. McDaniel answered that it was an issue of what could be done in a certain period of time. He said the problems with drainage and street conditions had developed over a long period of time, between 30 to 50 years. He said it was impossible to fix these problems overnight. Thus, rather than look at funding the improvements in a four-year budget cycle, it may be more prudent to think of them in an eight-year or twelve-year budget cycle. Mr. McDaniel said that a plan needed to be in place that would not be too onerous for the rate payer and the tax payer. However, he said that staff could formulate a more aggressive plan if the Council wished. Council Member Chesney asked if staff had developed a plan that would fund all the necessary improvements, whether it was short-term or long-term. Mr. McDaniel replied that this was the goal, but he did not think the problems could be addressed within a ten-year time frame. City Manager Noe added that no matter how much the city wanted to address the drainage problems, we would reach a practical point beyond which we could not execute them because of limitations on staff and the local construction community's resources. Mr. Chesney reiterated his concern that staff create a long-term plan for funding all the necessary improvements. Mr. McDaniel answered that staff would have a better idea of the true financial picture within the next few months, as part of the capital budget process. At that point, staff would be able to assess the needs and formulate Minutes - Regular Council Meeting October 28, 2003 - Page 4 a plan. He said he understood staff's current plan to allocate an additional one to two percent per year in utility rate increases would not fund the necessary improvements to an acceptable level. Thus, he was recommending this supplemental funding source today for Council's consideration. He said staff would look at incorporating the Mayor's suggestions to adjust the fees. Council Member Kinnison asked if when the Storm Water Advisory Committee had made its recommendations, the only plan in effect at that time was to allocate $1 million per year for ten years. Mr. McDaniel replied affirmatively, but said that an additional $4 million was added in 2002. Mr. Kinnison remarked that the city had gone from a ten-year plan to fund $10 million in drainage improvements to a ten-year plan to fund $80 million in improvements today, which was remarkable. He did say, however, that there were practical limits on what could be achieved within this time frame because of the potential financial burden on the taxpayers. He expressed concerns about how the proposed fees were structured with regards to who was bearing the costs. He felt that the proposed fee structure was too accommodating to commercial property owners. He asked that staff reformulate the plan to make it more fair. Council Member Noyola agreed with Mr. Kinnison's concern regarding the fee structure for commercial property owners. He also expressed his concern that the drainage problems in the residential areas not be eclipsed by the highly publicized problems in the downtown area. Council Member Kelly asked staff to explain the term "level of protection". City Engineer Angel Escobar replied that "level of protection" referred to how much water the city's streets could handle during a storm before causing substantial damage. He said the recommendations staff had brought to the Council earlier in the year showed that the city needed to start designing its major systems to a 100 -year storm level of protection. In response to Mr. Kelly's question, Mr. Escobar said that staff would be bringing back more information on plans for including new residential developments in the proposed development regulations. Mr. Kelly also expressed concern that the city was outstripping the public's willingness to pay for these improvements. Mr. McDaniel replied that the drainage problems were not going away and needed to be addressed in some manner. Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess. Mayor Neal called for consideration of the consent agenda (Items 3-10). City Secretary Chapa announced that Council Member Noyola was abstaining from the vote and discussion on Items 7 and 10 and that Council Member Chesney was abstaining from the vote and discussion on Item 6. Council members requested that Items 8 and 9 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 10, constituting the consent agenda, except for Items 8 and 9, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting October 28, 2003 - Page 5 3. MOTION NO. 2003-386 Motion appointing Melody Cooper to the Corpus Christi Reinvestment Zone Number Two Board of Directors and reappointing the current members all to a term ending November 1, 2005. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. 4. MOTION NO. 2003-387 Motion authorizing the City Manager or his designee to execute a construction contract with Ray's Welding Service, of Corpus Christi, Texas in the amount of $84,991.35 for the Renovation/Development of Existing Parks, Phase 2: Los Encinos Park, Oak Park, Surfside Park, and West Guth Park. (BOND ISSUE 2000) The foregoing motion was passed and approved by the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. 5. MOTION NO. 2003-388 Motion authorizing the City Manager or his designee to execute a consultant contract with Coym, Rehmet and Gutierrez Engineering, of Corpus Christi, Texas for an amount not to exceed $138,990 for the Wastewater Lift Station located at Cimarron and Yorktown. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. 6. MOTION NO. 2003-389 Motion authorizing the City Manager or his designee to execute a geotechnical investigation contract with Kleinfelder, of Corpus Christi, Texas in an amount not to exceed $33,400 for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved by the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney abstained; Colmenero and Scott were absent. Minutes - Regular Council Meeting October 28, 2003 - Page 6 7. MOTION NO. 2003-390 Motion authorizing the City Manager or his designee to execute Change Order No. 12 (Entrance Roadway) with Bay, Ltd., of Corpus Christi, Texas in the amount of $823,964.21 for the Corpus Christi International Airport Roadway and Parking Lot Improvements Phase 2. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Kinnison, voting "Aye"; Noyola abstained, Colmenero and Scott were absent. 10. ORDINANCE NO. 025539 Authorizing the City Manager or his designee to execute a lease agreement with the United States through its General Services Administration for the Transportation Security Administration for use of space at the Corpus Christi International Airport in consideration of payment of rent at an annual rate of $66.71 per square foot for a term of fifty-four months with the option to extend for an additional fifty-four months. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Kinnison, voting "Aye"; Noyola abstained; Colmenero and Scott were absent. Mayor Neal opened discussion on Item 8 regarding a lease for wireless internet services at the airport. Council Member Kelly asked for more information on how this service would work. Mr. Dave Hamrick, Director of Aviation, replied that he understood that the company would install a small antennae on the ceiling. A user with a laptop computer that is already equipped for wireless internet service would be able to log -on to the service at no charge. He added that the airport is currently negotiating with another internet provider named Broadband to provide internet service through a stand-alone kiosk that will allow the user to connect to the internet via hardware. He said the kiosk would also be equipped to allow the user to charge their laptop computer's battery at no charge. Council Member Kelly asked how the companies had been selected. Mr. Hamrick answered that the companies had approached the airport. He said a deal had been worked out to allow both companies to provide internes service. 8. ORDINANCE NO. 025537 Ordinance authorizing the City Manager or his designee to execute a lease agreement with Ability House, Ltd. doing business as Lighting Connect, of Corpus Christi, Texas for the operation of wireless internet services at the Corpus Christi International Airport at no charge to the City of Corpus Christi or those who utilize the wireless internet service, for a period not to exceed one year, with the option to extend for four additional one year terms. The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Minutes - Regular Council Meeting October 28, 2003 - Page 7 Mayor Neal opened discussion on Item 9 regarding a lease with Landry's Seafood and Steakhouse Restaurant. Council Member Garrett asked if Landry's was up-to-date on their current lease. Mr. David Ondrias, Acting Director of the Park and Recreation Department, replied affirmatively. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO . 025538 Authorizing the City Manager or his designee to execute a five-year lease with Landry's Seafood and Steakhouse -Corpus Christi, Inc., to operate a restaurant on the Peoples Street T -Head in consideration of payment of the greater of $6,000 per month or 2.75% of monthly gross sales, whichever is greater. (First Reading - 09/30/03) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. * * * * * * * * * * * * * Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0903-02, Mircea Moody: A change of zoning from a "R -1B" One -Family Dwelling District to an "AT" Apartment Tourist District on Padre Island - Corpus Christi, Section E, Block 2, Lots 6,7,8, and 9, located east of Aruba Drive and 100 feet south of Running Light Drive. City Secretary Chapa said the Planning Commission and staff recommended the approval of an "AT" Apartment Tourist District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 025540 Amending the Zoning Ordinance upon application by Mircea Moody by changing the zoning map in reference to Section E, Block 2, Lots 6,7,8, and 9, Padre Island - Corpus Christi from "R -1B" One -Family Dwelling District to "AT" Apartment Tourist District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Minutes - Regular Council Meeting October 28, 2003 - Page 8 Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0903-03, South -Vest, Inc.: A change of zoning from an "A-1" Apartment House District to a "R -1C" One -Family Dwelling District on Gugenheim and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, located west of Cliff Maus Drive and 350 feet south of Rockford Drive. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 025541 Amending the Zoning Ordinance upon application by South -Vest, Inc. by changing the zoning map in reference to Gugenheim and Cohn Farm Lots, being 1.290 acres out of Lots 9 and 16, from "A-1" Apartment House District to "R -1C" One -Family Dwelling District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Mayor Neal referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0903-04C, City of Corpus Christi: A change of zoning from an "I-2" Light Industrial District to an "A-2" Apartment House District on Meadow Park Subdivision, Block 3, Lots 19 and 20, located east of Cheyenne Street and 300 feet south of Agnes Street. No one appeared in opposition to the zoning change. A motion was made, seconded and passed to close the public hearing. Mr. Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 025542 Amending the Zoning Ordinance upon application by the City of Corpus Christi by changing the zoning map in reference to Meadow Park Subdivision, Block 3, Lots 19 and 20, from "I- 2" Light Industrial District to "A-2" Apartment House District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. * * * * * * * * * * * * * Minutes - Regular Council Meeting October 28, 2003 - Page 9 Mayor Neal opened discussion on Item 15, an appeal by Mr. Joe McComb regarding his plat at Los Encinos Industrial Sites, Block 1, Lot 1. Mr. Michael Gunning, Director of Planning, reported that at their September 24, 2003 meeting, the Planning Commission tabled the plat to the October 8 meeting to allow staff an opportunity to speak with Mr. McComb about the street dedication and acreage fee requirements. On October 8, 2003, Mr. Gunning stated that the Planning Commission voted to deny the plat by a 4 to 3 vote. Mr. Gunning said Mr. McComb was appealing the decision to the Council. Mr. Gunning reported that in the appeal of his plat, Mr. McComb has maintained the following three issues: 1) the subject property is legally platted and a replat is not required; 2) opposed to the dedication of 7.5 feet of right-of-way for Greenwood Drive; and 3) opposed to payment of the required water and wastewater acreage fees. With regard to the platting issue, Mr. Gunning provided a detailed history of the property. He said that based on the city legal counsel's review referencing state law, the Platting Ordinance, and the City Charter, the subject property was clearly the remainder of a portion of the platted Bohemian Colony Lands filed for record in the Nueces County Clerk's office on June 6, 1909. Therefore, Mr. Gunning stated that a plat of the subject property was required. Regarding the right-of-way dedication, Mr. Gunning explained that this requirement originates from the adoption of the Corpus Christi Urban Transportation Plan in March 2003. The plan increased the Greenwood Drive right-of-way from 80 feet to 95 feet. He stated that the city's practice was to take the required street dedications equally off both sides of the street. Thus, Mr. Gunning stated that Mr. McComb's plat was required to dedicate 7.5 feet. Mr. Gunning stated that the adherence to required street dedications per the adopted Urban Transportation Plan was critical to the city's ability to obtain right-of-way for future street widening improvements to increase road capacities. He expressed his concern that he did not want to set a precedent for other developers to submit similar appeals on any required dedication without a public hearing to amend the Transportation Plan. Finally, regarding the acreage fees, Mr. Gunning explained that the acreage fees were collected from the developer at the time of platting based on the plat acreage or number of lots, whichever is greater. He stated that the fees were put into trust accounts, to be used exclusively for reimbursement of developers costs for installation of water and sanitary sewer line extensions. Mr. Gunning emphasized that waiving the acreage fees for developers could set a precedent that could potentially jeopardize the Trust Fund balances which developers rely upon for reimbursement of water and sanitary sewer line extensions. Without this funding source, Mr. Gunning said development projects would possibly be postponed until such time the city could fund water and sanitary sewer fund infrastructure through a bond program. Mr. Gunning stated that Mr. McComb was requesting that the Council waive the required acreage fees totaling $7,852 of which $3,678 was for water and $4,174 for Wastewater. He concluded that staff felt that the acreage fee system was a fair and equitable process that provided for the extension of water and wastewater lines with private sector dollars. Mayor Neal asked for clarification on what action staff was asking the Council to take on this matter. Senior Assistant City Attorney Doyle Curtis replied that the Council was being asked to deny Mr. McComb's appeal in all three respects: 1) deny his contention that a replat is not Minutes - Regular Council Meeting October 28, 2003 - Page 10 required; 2) deny the waiver of the acreage fees; and 3) deny the right to exclude the 7.5 dedication of right-of-way. Mayor Neal asked what actions would be available to Mr. McComb if the Council denied his appeal. He specifically asked if Mr. McComb had to wait a year before he could reopen the case. Mr. Curtis replied negatively, saying that Mr. McComb could bring the case back to the Planning Commission, comply with the requirements and ask for approval. Mr. Joe McComb presented his case before the Council. Prior to his presentation, he stated that he had not contacted any members of the City Council related to this agenda item. He also stated that the ordinances referred to by Mr. Gunning were not acted on while he was serving on the City Council. Mr. McComb provided background information on his purchase and development of the property to date. He asserted that the property was platted and did not require a replat, and presented what he felt was evidence to that effect. Regarding the dedication of the 7.5 feet of right-of-way, Mr. McComb stated that his position was to trade out the acreage fees for this requirement. He did not feel that the acreage fees would benefit him in any way since he had already paid for the sewer and water improvements on the property himself. An extensive discussion ensued regarding all three of Mr. McComb's assertions. There were no comments from the audience. A motion was made, seconded and passed to deny Mr. McComb's appeal on all three parts requested. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2003-391 Motion to deny the appeal filed by Joe McComb on all three parts relating to the request for (1) plat approval, (2) waiver of right-of-way dedication and (3) waiver of acreage fees regarding Plat No. C0903100-NP44, Los Encinos Industrial Sites, Block 1, Lot 1 (Final - 3.543 acres), located at the southwest corner of Greenwood Drive and Holly Road. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent. * * * * * * * * * * * * * Mayor Neal referred to Item 14, a presentation regarding the Juvenile Assessment Center (JAC) Annual Report. Ms. Mariah Boone, Superintendent of the Juvenile Assessment Center, stated that the goal of the Juvenile Assessment Center was to prevent delinquency through early intervention with case management services. She provided a number of statistics on the patterns of behavior of juvenile offenders. She stated that 15 percent of all juvenile offenders commit 75 percent of all violent offenses nationally. Between the ages of 9 and 12, youth begin to commit status offenses such as truancy and curfew violation. Ms. Boone reported that JAC services included comprehensive case management to 3,388 at -risk youth and their families since it opened in September 1999. She said that the program has gained the attention of the Office of Juvenile and Delinquency Prevention in Washington, D.C. and has been used as an international model. She said the center was one of three projects highlighted 0 Minutes - Regular Council Meeting October 28, 2003 - Page 11 in the City of Corpus Christi's winning proposal to be designated an All -America City. Ms. Boone stated that the Juvenile Assessment Center was funded in part by the Corpus Christi Crime Control and Prevention District and by a Title V Delinquency Prevention Grant. She said the grant provided the funds needed to hire a Municipal Juvenile Judge and four case managers in addition to the two case managers funded through the Crime Control District. Ms. Boone provided statistics on attendance outcomes for FY 2003. She said the Juvenile Assessment Center returned over 836 children to school for a total of 50,123 Average Daily Attendance (ADA) -eligible days, keeping them off the streets and saving local school districts $1,408,957 in ADA funding. Ms. Boone reported that 82 percent of the youth processed through the JAC committed no additional offenses of any kind, however minor, after JAC intervention. She said 90 percent of the youth processed through the JAC committed no delinquent offenses after JAC intervention. She also said that the JAC processed only 87 repeat offenders out of 1,280 intakes, for a recidivism rate of only 8.1 percent. Ms. Boone stated that the JAC's most important partner in preventing delinquency was the Municipal Juvenile Court. Judge Deanie King, Municipal Juvenile Court Judge, reported that the Municipal Juvenile Court was opened in October 2001. She said that the court was one of the first in the nation to combine these two elements, and certainly one of the first in the state. Judge King said her primary goal today was to communicate to the Council that the city could not afford to be complacent about this program. She told the Council that many of the social service agencies that the JAC and Juvenile Municipal Court partner with are also facing the same budget crunches. She said the reduction in funds at the congressional level has greatly impacted the availability of services. Judge King explained that the court orders status offenders and other early, pre -delinquent offenders to be assessed and/or enter the case management program at JAC. She said that the Municipal Court obtained a Juvenile Accountability Incentive Block Grant (JAIBG) to complete funding for the Municipal Juvenile Court. She said through a research -based, data driven, outcome - focused approach, the JAC has been a tremendous benefit to the families in the community. Judge King discussed the upcoming challenges for the Juvenile Assessment Center. She explained that the Title V funding stream, totaling $250,000, ceases to exist after July 2004. She noted that the Title V funding currently paid her salary and the salaries of two case managers. She stated that the JAIBG funding stream would be reduced by 25 percent. Judge King also stated that many of the valuable programs that partner with JAC are closing their doors or are no longer able to provide services due to cuts in other Federal and State programs. Ms. Boone stated that the Juvenile Assessment Center was looking for ways to continue to fund the Title V -funded case manager positions and to find and support services that can still help poor, at -risk children in the community. Ms. Boone announced that on November 22, 2003, a Kids Helping Kids Fundraising Dance would be held at the Corpus Christi Gym from 7 p.m. to 10 p.m. for middle school children. Minutes - Regular Council Meeting October 28, 2003 - Page 12 Council Member Garrett was impressed with the low recidivism rate. He asked if there was any stipulation in the Title V funding which provided that the city would assume the funding if it ceased to exist. City Manager Noe replied that he did not know, but he said that this was an important program that the city was going to place at a high priority regardless of what happens with the grant funding. Mr. Garrett stated he wanted to ensure that the Juvenile Assessment Center would be able to continue to provide services in any way possible. Council Member Cooper commented favorably on the center's low recidivism rate. She asked if there were any statistics available to compare our center with others in the nation. Judge King answered that there weren't any statistics available because this program is the first of its kind. Council Member Kinnison asked what resources Judge King thought she would need to do even better. Judge King replied that she would need more case managers and, ideally, a mentor for every child. She said she would like to see every child who comes through her court assigned a case manager. She said she envisioned a two-tiered system which provided more intensive intervention for those who needed it and less intensive for those who didn't. Council Member Kinnison expressed his view that the Juvenile Assessment Center could be a way to address this community's long-term problem with school drop -outs. He stated that the community may be well -served to funnel more resources into this program to achieve more results in reducing the problems facing our youth. Judge King added that working with elementary school children may be the way to reach kids early before attendance issues become a habit. She said that ideally, elementary schools should have their own truant officers, but now they must share resources with the high schools. She said that the court does not get these cases now for a number of reasons. Council Member Kinnison spoke in support of the program's vision and its results, saying that he hoped that the center would continue to press the community to find the funding and the resources needed to continue the program. He encouraged CCISD and other like organizations to consider partnering with the Juvenile Assessment Center to tackle the problems facing our youth. Council Member Noyola spoke in support of the center as well. He asked if there was a way to coordinate efforts with local elementary schools to speak with the children at the beginning of the school year about available resources and about the repercussions of skipping school, focusing on those schools with extensive problems. Judge King replied that she would be happy to speak with CCISD about doing this. Mayor Neal asked City Manager Noe to begin planning on how the city was going to continue funding the program through the end of this fiscal year, and how to continue the funding in subsequent fiscal years. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16 regarding the automated meter reading pilot project. Mr. Ogilvie Gericke, Director of Municipal Information Systems, introduced Brian Anderson with PTI/Ram Technologies, Captain Leonard Scott, and Chris Minton with Rand Technologies, who were working with him closely on this project. Mayor Neal commented that the Council was looking forward to the implementation and results of this project. Minutes - Regular Council Meeting October 28, 2003 - Page 13 Council Member Noyola stated that he would like to receive more feedback from the employees and department heads to see if automation would increase efficiency and truly save the city money. Mr. Gericke replied that this information would be included in the evaluation process and would be brought to the Council for their review. Council Member Kelly asked for a time line on how the project would be phased in if the pilot program was successful. He was especially concerned about personnel issues, since the project would potentially achieve a portion of its savings in this area. Mr. Gericke replied that the project could be implemented over five to seven years. Based on feedback the Council had provided earlier, Mr. Gericke replied that staff was working on the five-year scenario to expedite implementation. Mr. Kelly asked if this time frame would be sufficient to account for the loss of workforce through natural attrition. City Manager Noe replied affirmatively, saying that this area had traditionally high levels of turnover because it was a very difficult job. Mr. Kelly asked if there would be other opportunities in the city for those individuals who like the job. City Manager Noe answered that the meter reading process could not be completely automated, so there would always be a need for individuals to work in this area. He also said there were private sector opportunities for individuals in this field because AEP still does manual meter reading and contracts out for this service. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. ORDINANCE NO. 025543 Ordinance appropriating $546,500 in unappropriated interest from the Water Capital Improvement Projects Fund No. 4082 (1995 Revenue Bond) for the design, implementation, and evaluation of an Automated Meter Reading/Wireless Broadband Network Pilot Project for the Water and Gas Services Departments; and amending FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $546,500. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. 16.b. MOTION NO. 2003-392 Motion authorizing the City Manager or his designee to execute a contract with PTI/RAM Technologies, of Washington, D.C. in the amount of $1,093,000 to provide consulting services for the design, implementation, and evaluation of an Automated Meter Reading/Wireless Broadband Network Pilot Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Colmenero and Scott were absent. Mayor Neal opened discussion on Item 17 regarding the desalination demonstration project. Assistant City Manager Ron Massey explained that this was the next step in the city's desal initiative under the Governor's Desal Program. He stated that the Texas Water Development Board Minutes - Regular Council Meeting October 28, 2003 - Page 14 had awarded the city a $500,000 grant to determine the feasibility of developing a large-scale desalination demonstration project. He said the city was contributing an in-kind match of$230,000 for a total project cost of $730,000. On September 16, 2003, Mr. Massey stated that the Texas Water Development Board had considered and approved the city's application for the $500,000 grant. He said staff was asking the Council to allow the city to accept and appropriate the grant funding. Regarding Item 18, Mr. Massey said staff needed to finish the work required by the facility planning grant. He said the work would require an evaluation process, generating a report addressing issues like the planned customer base for the facility, water source options, and other items. To be able to accomplish this work, Mr. Massey said staff was also proposing to amend an existing contract with Turner Collie and Braden Inc., approved by the Council on February 11, 2003, to assist with the desal project. Mayor Neal asked for the time line on this project. Mr. Massey replied that staff needed to submit a draft report on July 31, 2004 and a final report on September 30, 2004. Mayor Neal asked for information on the rest of the process. Mr. Mark Lowry, Principal Investigator for Turner Collie and Braden Inc., answered that the Water Development Board had to make a report to the legislature and to the Governor's office by the end of December 2004. He said the board will compare all three of the plans submitted and make their recommendations at that time. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. a. RESOLUTION NO. 025544 Resolution authorizing the City Manager or his designee to accept a Regional Facility Planning Grant in the amount of $500,000 and execute a contract with the Texas Water Development Board for the development of a Regional Facility Plan for the Planning Area, including a Large -Scale Seawater Desalination Demonstration Project in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Noyola, voting "Aye"; Colmenero, Kinnison and Scott were absent. 17.b. ORDINANCE NO. 025 545 Ordinance appropriating $500,000 from the Texas Water Development Board in the No. 1052 Water Grant Fund to develop a Regional Facility Plan for the Planning Area, including a Large -Scale Seawater Desalination Demonstration Project. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, and Noyola, voting "Aye"; Colmenero, Kinnison and Scott were absent. Mayor Neal opened discussion on Item 18 regarding an amendment to a contract with Turner Collie and Braden, Inc. for the desalination demonstration project. There were no comments from Minutes - Regular Council Meeting October 28, 2003 - Page 15 the audience or the Council. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2003-393 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an engineering services contract with Turner, Collie & Braden, Inc., of Houston, Texas in an amount not to exceed $500,000 for a Regional Water Facility Plan, including a Large -Scale Seawater Desalination Demonstration Project (Barney Davis Demonstration Desalination Plant). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Kinnison and Scott were absent. Mayor Neal opened discussion on Item 19 regarding a contract with Freese & Nichols Inc. for the Garwood Pipeline. Mr. Massey stated that the contract was developed using a phased approach reflecting major decision points. Mr. Russell Gibson, Project Manager with Freese & Nichols, provided a presentation on the seven phases comprising the contract. He said the seven phases were as follows: Phase 1 - Screening study of delivery options; Phase 2 - Detailed Study of Delivery Options; Phase 3 - Pipeline Route Study; Phase 4 - Pipeline Surveying, Easement Acquisition and Permitting; Phase 5 - Pipeline Topographic Survey and Preliminary Design; Phase 6 - Final Design Bid; and Phase 7 - Bid, Award and Construction. Mayor Neal asked if Mr. Gibson anticipated completing the final report by April 2004. Mr. Gibson replied affirmatively. Mayor Neal asked for more information on the timing for the rest of the project. Mr. Kevin Stowers, Assistant Director of Engineering Services, replied that the timing would be fairly complex because it would depend on which options were chosen. He said that the phased approach was selected in part because it allowed the city and the consultant to have a better definition of the scope of services and associated fee requirements for each phase. Mayor Neal asked what the anticipated time line would be to complete the project. Mr. Gibson answered that in a perfect world, the final design and permitting phase would take two years and the bid, award and construction would take an additional two years. Mayor Neal remarked that there was a concern within the community that the city was losing sight of the Garwood Pipeline because of its plans for desalination. He stated that the city needed to be actively engaged in bringing the water into the system so that competing entities would not think the city has lost interest in this water source. He said that if the city could develop a detailed plan for the Garwood Pipeline, it would serve as evidence that the city had a serious interest. City Manager Noe commented that staff met with representatives from the LCRA today to discuss the city's intention of protecting its interests in the Garwood water in the long run. He said it was an excellent meeting and staff was looking forward to continuing a dialogue with them. Council Member Garrett stated that the Port Industries had asked him to convey that they are strong supporters of this project. Minutes - Regular Council Meeting October 28, 2003 - Page 16 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2003-394 Motion authorizing the City Manager or his designee to execute an engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $116,100 for Garwood Water Supply Pipeline Routing Plan, Phase 1 services. The foregoing motion was passed and approved as follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent. * * * * * * * * * * * * * Mayor Neal announced the executive session, which was listed on the agenda as follows: 20. Executive session under Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi; and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action in open session. The Council went into executive session. * * * * * * * * * * * * * The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe reminded the Council that the November 11, 2003 meeting would begin at noon with a joint luncheon with the Crime Control and Prevention District. Also on the November 11 agenda were the following items: reconsideration of the Special Use Permit for Ocean House; presentation on Re -Engineering; presentation on the results of the S.P.I.D. Congestion Study; an update on Packery Channel; and the authorization of the issuance of the next increment of bonds for the Packery Channel Project. On November 18, Mr. Noe reported that the Council meeting was scheduled to begin at noon to allow the Council and staff to travel to San Antonio for the Texas Municipal League conference. He said a public hearing on the capital budget and the public hearing on the Mustang/Padre Island Plan. Mayor Neal asked Mr. Chapa if the Ocean House item would be posted for 2:00 p.m. Mr. Chapa replied affirmatively. Council Member Chesney reminded the Council that the next town hall meeting was scheduled on November 3 at Crockett Elementary at 6:00 p.m., and would be hosted by Council Members Colmenero, Cooper, Garrett and himself. He thanked staff for the quick response they provided on the issue regarding Ennis Joslin that he had raised last week. He thanked the Mayor for his participation in Red Ribbon Week and encouraged the rest of the Council to participate. He extended his sympathies to the families of Dr. Howard Barth and Mr. Tom Nix, who had both passed away recently. Minutes - Regular Council Meeting October 28, 2003 - Page 17 Council Member Noyola asked City Manager Noe to respond to a letter he had received from Mr. Wilkerson regarding problems with the sale of a number of boats he had purchased at auction from the city. He asked when traffic lights were going to be installed at Cliff Maus and Old Brownsville Road. City Engineer Angel Escobar replied that the lights were scheduled to be completely installed in the next 45 days. Council Member Noyola also wanted to welcome the residents of the Casa Manana Apartments who were displaced due to the tornado that had hit the city a year ago. He said that of the 45 residents who were displaced, 35 residents returned to the complex while the remaining 10 residents were placed in alternate housing. Council Member Cooper stated that she had received a number of complaints from individuals saying that Ocean House was still having functions, despite the city's directive that this was a violation of the ordinance. City Manager Noe replied that staff had also received complaints and would follow-up. Ms. Cooper remarked that Ocean House was continually violating the Council's directive. Council Member Colmenero also mentioned the town hall meeting at 6:00 p.m. at Crockett Elementary on November 3. He said he had seen a drive-by shooting occur a few houses away from Crockett Elementary at 2:00 p.m. on Sunday. He told City Manager Noe that he had a number of ideas on how to address the problem. He discussed "pol cams", enhancement of Directed Patrol and Neighborhood Watch programs, and asking the JET unit for information on gang activity as possible solutions to address the problem. City Manager Noe said he would schedule a presentation on Directed Patrol and JET with regards to gang activity. Mr. Colmenero also asked for information on the expansion of international and domestic service to the Corpus Christi Airport. Council Member Chesney thanked staff for their quick response to Mr. Lamont Taylor's concerns at a previous meeting. He said he and Mr. Kelly had attended a meeting at Oveal Williams Senior Center. He commented that it would be a good idea to provide a brief summary of the meeting for the rest of the Council. Mayor Neal commented that the manholes on Airline Road between Saratoga and S.P.I.D. were three inches lower than the pavement. He asked staff to look into the problem. Council Member Garrett asked staff to look into a problem with the bus pads on Staples Street between Gollihar Road and S.P.I.D. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Ms. Dee Huber, 1311 15t Street, spoke regarding her concerns about the effects on area businesses of closing off parts of Shoreline Boulevard to construct a park. Ms. Priscilla Leal, 4738 Cheryl, spoke regarding the progress of projects to address drainage problems in the Sunnybrook/Manshiem area. Mr. J.E. O'Brien, 4430 Pompano, spoke regarding a request by the Corpus Christi Taxpayers Association to adopt the provisions of Proposition 13 for the benefit of elderly and disabled homesteaders. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:15 p.m. on October 28, 2003. * * * * * * * * * * * * *