Loading...
HomeMy WebLinkAboutMinutes City Council - 12/09/2003I 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 December 9, 2003, which were approved by the City Council on December 16, 2003. WITNESSETH MY HAND AND SEAL, this the 13th day of January 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 9, 2003 - 12:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney (Arrived at 12:15 p.m.) Council Members: Javier D. Colmenero (Arrived at 1:45 p.m.) Melody Cooper (Arrived at 12:03 p.m.) Henry Garrett Bill Kelly Rex A. Kinnison (Arrived at 12:02 p.m.) Jesse Noyola Mark Scott City Staff: City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Kelly and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the joint and regular Council meetings of November 11, 2003 and the regular Council meeting of November 18, 2003. A motion was made and passed to approve the minutes as presented. Before going into executive session, Mayor Neal announced that Item 32 regarding the Discrimination Against Individuals ordinance was being withdrawn. He asked City Manager Noe to place the item back on the agenda in 60 days for further discussion. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 2. Executive session under Texas Government Code Section 551.071 regarding measures that can be taken to protect and enhance the City's existing water rights, with possible discussion and action related thereto in open session. 3. 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, 107'h District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi against PG&E's successor GulfTerra Texas Pipeline, L.P. and other entities; and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session, and Mayor Neal called for a brief recess to present proclamations. Minutes - Regular Council Meeting December 9, 2003 - Page 2 * * * * * * * * * * * * * The Council returned from recess. Mayor Neal deviated from the agenda and referred to Item 21, a presentation on the Fifteenth Annual "Feast of Sharing", H -E -B Holiday Dinner. Ms. Diana Z. Garza, Assistant to the Mayor, introduced Ms. Debbie Lindsey -Opel with H -E -B, who provided an update on this event. Ms. Garza also introduced other key staff who provided additional information regarding the event. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and opened discussion on Item 31 regarding the renaming of Meadowbrook Park to Dan Whitworth Park. Mr. David Ondrias, Acting Director of the Park and Recreation Department, stated that staff proposed the idea to the Park and Recreation Advisory Committee at their November 19 special -called meeting. With the support of Mr. Whitworth's family, Mr. Ondrias said the Park and Recreation Committee recommended that the Council consider the renaming Meadowbrook Park to Dan Whitworth Park. He said the committee was also requesting that the Council consider waiving the 60 -day waiting period and the newspaper publication requirement for this park renaming request. Mayor Neal asked for public comment. Ms. Sandy Billish, 15885 Punta Espada, representing the Park and Recreation Advisory Committee in her capacity as chairman, spoke in support of the park renaming request and waiving the aforementioned requirements. Ms. Mary Whitworth, Monsignor Richard Shirley with St. Pius X Catholic Church, and Mr. Jim Cano shared their fond memories of Mr. Whitworth and also supported the park renaming request. City Secretary Chapa polled the Council for their votes as follows: 31. FIRST READING ORDINANCE Waiving the 60 -day waiting period and publication of legal notice; and renaming the park at 701 St. Pius Drive from Meadowbrook Park to Dan Whitworth Park. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal deviated from the agenda and referred to Item 2, and a motion was made seconded and passed unanimously to approve the following motion related to the executive session: Minutes - Regular Council Meeting December 9, 2003 - Page 3 2. MOTION NO. 2003-421 Motion authorizing the City Manager to execute an amendment to the Legal Services Agreement with Tim Brown to provide legal advice on the City's water rights and to represent the City before agencies on matters affecting the City's water rights, at an hourly rate of $175.00 plus expenses, subject to certification of funds. The amendment may authorize Mr. Brown to subcontract with necessary consultants to determine the volume of water at controversy. Mayor Neal made the foregoing motion, seconded by Council Member Colmenero, and it passed unanimously. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 4-20). Council members requested that Items 10 and 14 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 4 through 20, constituting the consent agenda, except for Items 10 and 14, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2003-422 Motion authorizing a supply agreement with National Water Works, of Corpus Christi, Texas for approximately 2,974 ductile iron mechanical joint, flanged and swivel fittings and approximately 5,100 related accessories in accordance with Bid Invitation No. BI -0015-04, based on low total bid for an estimated annual expenditure of $26,182.95. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. These items are purchased into the Warehouse Inventory and charged out to the Water and Wastewater Departments. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5. MOTION NO. 2003-423 Motion authorizing a supply agreement for hot tap fittings in accordance with Bid Invitation No. BI -0010-04 with T.D. Williamson, of Tulsa, Oklahoma based on sole source for an estimated annual expenditure of $26,306. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds are available from the Warehouse Inventory Account for FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting December 9, 2003 - Page 4 6. MOTION NO. 2003-424 Motion authorizing a maintenance agreement with Medtronic Physio -Control Corporation of Redmond, Washington for testing and calibrating of automatic external defibrillators for the Fire Department - Emergency Medical Service based on sole source, for a total amount of $30,602. Funds have been budgeted by the Fire Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 7. MOTION NO. 2003-425 Motion authorizing a supply agreement with Miller Environmental Services, of Corpus Christi, Texas for storm water inlet cleaning in accordance with Bid Invitation No. BI -0005- 04, based on only bid for an estimated annual expenditure of $447,258. The term of the contract will be for twelve months with an option to extend for up to two additional twelve- month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Storm Water Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8. MOTION NO. 2003-426 Motion authorizing the purchase of an IP telephone system for the new Animal and Vector Control Facility with Logicalis, of Houston, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $46,694.39. Funds have been budgeted by the Municipal Information Systems Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. MOTION NO. 2003-427 Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction Company, Inc., of Corpus Christi, Texas in the amount of $67,707.50 for the Clarkwood Road Gravity Sewer Extension for Base Bid B. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting December 9, 2003 - Page 5 11. MOTION NO. 2003-429 Motion authorizing the City Manager or his designee to issue payment to the Texas Department of Transportation (TxDOT) for the bridge rehabilitation on the Cayo Del Oso Bridge on Ocean Drive (closest to the Naval Air Station) at a cost to the City not to exceed $86,843.83. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 12. ORDINANCE NO. 025566 Ordinance appropriating $2,500 from the United States Tennis Association and $2,500 from the United States Tennis Association - Texas Section into Fund No. 3280 for the Al Kruse Tennis Center Court Improvements Project; and amending the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $5,000. An emergency was declared, and the foregoing ordinance was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 13. RESOLUTION NO. 025567 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $42,633 to the State of Texas, Criminal Justice Division for Year 5 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $11,370 in the No. 1061 Trust Fund and $3,500 in-kind services; for a total project cost of $57,503. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 15. MOTION NO. 2003-431 Motion authorizing a three-year (3) contract with two (2) one-year options to renew or until termination pursuant to the Agreement between the City of Corpus Christi, Texas and Dennis A. Joiner & Associates to perform professional services under this Agreement as an independent contractor for Fire and Police Promotional Examinations and Assessment Centers for the City. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting December 9, 2003 - Page 6 16. RESOLUTION NO. 025568 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperative Agreement with the Regional Transportation Authority (RTA) for the sharing of technology. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17. RESOLUTION NO. 025569 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperative Agreement with the Texas Department of Transportation (State) to permit connection of the City's Fiber Optic Network (FON) to the State's FON. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 18. ORDINANCE NO. 025570 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Stabil Drill Corpus Christi for the right to construct, maintain and alter approximately 200 -linear feet of an 8 -foot high chain link fence, adjacent to approximately 700 -square feet of bedding and landscaping and approximately 1,700 -square feet of parking lot area, all within the South Navigation Boulevard street right-of-way; establishing a fee of $8,427; and requiring Stabil Drill Corpus Christi to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 19. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease with Tejas Bowmen Archery Club to construct, maintain, and operate an archery range; and providing for termination upon 30 days notice by either party. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting December 9, 2003 - Page 7 20. ORDINANCE NO. 025571 Authorizing the City Manager or his designee to execute a five-year lease with the Texas Commission on Environmental Quality (TCEQ) to site continuous air quality monitors in Woodlawn Park and in H.J. Williams Park in consideration of TCEQ providing the air monitoring services. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 10 regarding the Alta Plaza Drainage Improvements project. Council Member Scott asked if the residents in the Alta Plaza area had been notified about this project. City Engineer Angel Escobar answered affirmatively, saying that staff had held an on- site meeting to explain the situation. Mr. Scott asked if the residents on Hewit Drive adjacent to Alta Plaza had also been notified since the improvements would affect them as well. Mr. Escobar replied that he would make sure those residents were also notified if they had not already been. 10. MOTION NO. 2003-428 Motion authorizing the City Manager or his designee to execute a construction contract with IHS Construction, Inc., of Corpus Christi, Texas in the amount of $238,345 for the Alta Plaza Drainage Improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 14 regarding the FY 2004 Consolidated Plan/Annual Action Plan timetable. Mayor Neal asked that staff publicize the CDBG application process as much as possible because various organizations have told him in the past that they were not aware of the process. He asked Ms. Mary Dominguez, Director of Neighborhood Services, to review the timetable. Ms. Dominguez reported that community meetings would be held on Wednesday, December 10 at 6:00 p.m. at Greenwood Senior Center and on Thursday, December 11 at the Boys and Girls Club at 6:00 p.m. She said these meetings were considered the start of the CDBG process and would provide more information on the process. She stated that staff had placed an advertisement in the Sunday paper to publicize the meetings and would also be using the services of the Public Information Office for further publicity. Ms. Dominguez stated that this year, staff would be issuing RFPs for the CDBG, HOME and ESG programs, instead of just CDBG and ESG as in the past. Ms. Dominguez reviewed the following key dates in the proposed timetable: January 5, 2004 - Proposals for CDBG, HOME and ESG Programs due date; February 18, 2004 - Planning Commission public hearing; April 20, 2004 - City Council Public Hearing; and June 11, 2004 - CP/AAP submission to HUD. Mr. Noyola asked how long the city had been publicizing the CDBG process. Ms. Dominguez replied that staff had begun the process by placing an ad in the Sunday paper and by Minutes - Regular Council Meeting December 9, 2003 - Page 8 contacting organizations that had applied for the funds in the past. Mr. Colmenero noted that the January 5 date was very close to the holidays, and he questioned whether this was a good idea. Ms. Dominguez acknowledged that the date was close to the holidays, but said that staff was trying to ensure that they would have sufficient time to thoroughly review the applications. She stated that staff had not budgeted enough time for the process last year, so the goal was to start earlier this year. Ms. Dominguez stated that staff might be able to add a few days to the deadline, but not much more. Mr. Colmenero asked staff to consider extending the deadline. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2003-430 Motion adopting the timetable for the FY 2004 Consolidated Plan/Annual Action Plan (CP/AAP) that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) Programs. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22 regarding the first quarterly update for the city's Americans with Disabilities Act (ADA) Title II Transition Plan. Mr. David Ramos, Director of Human Relations, reported that a portion of the funding was made available on August 1, 2003, while additional funding will hopefully be acquired through Bond 2004. Mr. Ramos stated that the following areas for accessibility and barrier removal were identified in the city ADA Title II Transition Plan: public facilities; public programs; site development; outreach; citywide curb ramps; and individual curb ramp requests. Regarding public facilities, Mr. Ramos said short-range funding for improvements to the following facilities had been adopted in the plan for an estimated cost of $599,805: City Hall; libraries; health department; street/solid waste; recreation centers; and senior centers. He said the estimated completion date was FY 2004-2005. He provided a status report on these projects. He said on 8/14/03, they signed a CDBG Recipient Agreement. On 8/19/03, an engineering A&E contract was awarded. On 10/03/03, CDBG funds were released. Finally, he said the A&E consultant preparation work for barrier removal projects was ongoing. Mr. Ramos provided the Architect/Engineer (A&E) contractor's proposed project schedule for the public facility projects. He said that on August 27, 2003, the preliminary phase would begin. By November 7, 2003, 90 percent of the design would be submitted for city review. He said that on November 24, the contractor would begin the completion of the design phase. Finally, on December 10, 2003, the 100 percent submittal would be completed. Additionally, Mr. Ramos stated that the A&E contractor would do the following: prepare construction documents for bidding and construction purposes; prepare cost estimates, including benefits of the various alternatives considered; and once approved for bidding, submit plans to the Minutes - Regular Council Meeting December 9, 2003 - Page 9 Texas Department of Licensing and Regulations (TDLR) for an accessibility review. After the bid processes, Mr. Ramos reported that the contract awards were anticipated to begin in February 2004, with construction work projected to begin in March 2004. Regarding the programs adopted in the short-range plan, Mr. Ramos stated that the adopted estimates were $136,730 in Year One. He said the programs included the following: libraries; museum; closed captioning and various customer service areas. He said various RFPs had been issued to obtain bids on equipment for closed captioning for the Council Chambers and others. With regard to the area of site development, Mr. Ramos said the goal was to have selected members of Development Services staff trained through the Texas Accessibility Academy at a cost of approximately $10,000, which was unappropriated at this time. He added that this was also required as part of the adoption of the new building code. Mr. Noe commented that this was a new requirement for people building under $50,000 in value for all renovations and new construction. Regarding the outreach area, Mr. Ramos said the improvements sites were citywide. He reported that internal awareness training on accessibility, barrier removal and ADA compliance was provided to departmental directors during the first quarter. He added that awareness training for city employees at monthly customer service classes was ongoing. Regarding citywide curb ramp requests, he said the Committee for Persons with Disabilities had composed a priority list of improvement sites, with an estimated cost of $8 million and an estimated completion date of FY 2011-12. He said these improvements would fall under the proposed Bond 2004 program for voter approval. For the individual curb ramp requests, he said the sites varied upon citizen request and urgency. The estimated cost for these improvements was $130,000. He noted that there were no requests in the first quarter. In conclusion, Mr. Ramos commented that staff wanted to work on the facilities improvements first, since the Council had indicated this was a priority. He said the next process was to begin improvements to programs. He stated that the Council should see more activity in this area in the next quarter. Mayor Neal asked if CDBG funds could be reprogrammed and when. City Manager Noe replied that the funds could be reprogrammed, and this was usually done at the end of the year. The next presentation was Item 3, an update on the status of the Convention Center and Multipurpose Arena by SMG, the city's management company. Mr. Marc Solis, General Manager of the new arena, reported that negotiations with the Islanders and the Rayz were ongoing and progressing well. He said both entities were preparing their pricing structures for season ticket sales and corporate sales. He commented that all parties were eager to finalize the process. Regarding potential shows, Mr. Solis reported that SMG was currently holding a number of dates in Fall 2004 and Summer 2005 for top -name family shows. He noted that SMG has contacted all the top promoters in the country to book concerts and special events in the new arena as well as the Selena Auditorium. He emphasized that staff was planning to market the Selena Auditorium very aggressively. Minutes - Regular Council Meeting December 9, 2003 - Page 10 He reported that the Convention and Visitors Bureau (CVB) was actively pursuing new business for the arena. He said he was holding a number of dates for them in Fall 2004 to 2008. He said SMG was finalizing the arena and convention center booking policy and procedures manual and would present to the CVB by the end of the year. Regarding suites marketing, Mr. Solis reported that during the past few weeks, he and Mr. Xavier Villalon, the new arena Marketing Director, had visited with several local business leaders to gain input on market constraints. He was pleased to report that they feel relatively comfortable that they have priced the sponsorship packages accordingly. Both packages include a suite, several signs and tickets to the Rayz and Islanders. He said the plan was to sell about seven of the packages before December 18 and then resume once the holidays were over. Mr. Solis reported that club seat sales were scheduled to begin on February 1, 2004. He said the club seats would include an annual Personal Seat License (PSL) and tickets to the Islanders and Rayz games. He added that the PSL would allow the holder to have that particular seat for all events. Regarding the management transition for the convention center, Mr. Solis reported that it was progressing relatively well. He said there were currently 13 convention center employees who were going to transition over to SMG on January 1, 2004. He said the SMG Human Resources department had completed the benefits package and would be forwarding it to the convention center staff this week. He was happy to report that the 13 individuals included a number of key management and operational support staff. He said that SMG were continuously updating the working transition task document to ease the transition. In conclusion, Mr. Solis said SMG stood ready to take over the management responsibilities of the convention center on January I, 2004. Mr. Colmenero asked if there were any updates on the status of the football team. Mr. Solis replied that it was uncertain at this time. He reported that he had a number of conversations with the owner of the Intense Football League (IFL), but nothing had been finalized. He said the IFL was scheduled to play this summer in the coliseum. He added that SMG had conversations with the arena football league about entering the market as well. Mr. Solis concluded that he would adopt a "wait-and-see" attitude about the new IFL to see how it performs, and then determine the best course of action. Mr. Scott asked Mr. Solis if he thought having cup holders for the seats was important. Mr. Solis replied affirmatively, saying that it was a benefit on the operational side for clean-up. He said it was a good luxury to have if it was economically feasible. Mr. Kinnison reported that Texas A&M University - Corpus Christi had received an application to use the arena for a NCAA Women's Tournament site in 2005 for the first or second round. He said the package would require input from city staff, SMG and CVB. Mr. Solis added that the Men's program was also trying to program a few tournaments with big -name universities in this upcoming season. The next presentation, Item 24, was regarding the status of services, capital requirements and new initiatives by the Street Department. Mr. Andy Leal, Assistant Director of Street Services, reported that the main responsibilities of the street department, were traffic signals; signs, markings Minutes - Regular Council Meeting December 9, 2003 - Page 11 and striping; and maintenance of streets. He said the street services department was comprised of 125 full-time employees (FTE). He said the traffic signals section was responsible for 242 signalized intersections, 169 school zones and 43 flashing warning beacons. He said traffic signals were maintained by 12 FTEs with a budget of $1,516,846. The signs, markings and striping operation is responsible for approximately 100,000 traffic signs; 400 miles of street striping; 507 school crosswalks; 514 pedestrian crosswalks; and curb painting. He said this operation was manned by 13 FTEs with a budget of $861,001. Mr. Leal reported that the street maintenance operation was responsible for the following areas: 1,108 miles of streets; 33 miles of service drives; 143 parking lots; and repair of the city department's utility cuts. The operation was manned by 89 FTEs with a budget of $6,104,188. Mr. Leal stated that half of all the city's streets were approximately 40 years old or older. He said that the useful life of a street is 20 years old, based on a variety of factors, including design. Mr. Leal briefed the Council on the following types of maintenance for streets: preventive maintenance; reactive maintenance; utility cut repairs; recycle/reclamation; and reconstruction. He noted that preventive maintenance was the least expensive option, yet the street department was spending more time doing reactive maintenance. Regarding pavement management, Mr. Leal explained the capabilities of the PAVER software program being used by the street department. Primarily, he said the PAVER software provided quantitative street condition assessment based on inspection results. He said PAVER provided a PCI (pavement condition index), rating the condition of the pavement. Mr. Leal said the street department used this as a work management/planning tool. Using the PAVER PCI, Mr. Leal said staff had developed the following pavement management strategy: 86 to 100 - seal every five to seven years; 80 to 82 - overlay (arterials only); 56 to 85 - level -up and seal; and 0 to 55 - reconstruct/recycle. Mr. Leal discussed the city's street needs versus the budget for these repairs. He reviewed the following cumulative unfunded needs: seal coat - $7,667,000 (only 28 percent completed); overlay - $8,381,000 (no funding); and recycle/reconstruction - $95,100,000 (only 9 percent completed). Mr. Leal said that reconstruction candidates had increased by 40 percent about two years ago and it doubled a year ago. Mr. Leal reviewed the number of potholes repairs, base failure repairs and utility cut repairs. He also reviewed the number of speed hump installations, noting that the Street department was required to maintain speed humps. He noted that they were a popular traffic calming device. A discussion ensued regarding other methods of traffic calming devices, including raised crosswalks. In summary, Mr. Leal reviewed the following types of street maintenance and their funding levels: preventative maintenance - seal coating (partially funded) and overlaying (unfunded); reactive maintenance - funded; utility cut repairs - funded; recycle/reclamation (in lieu of reconstruction) - partially funded; reconstruction - unfunded. Minutes - Regular Council Meeting December 9, 2003 - Page 12 Mr. Leal briefed the Council of new approaches in street maintenance. He said the use of themoplastic was being used for speed humps and crosswalks instead of paint, pending available funding. He also said there was limited funding for wet weather pothole mix, preferable to hot mix. He also noted that the street department had obtained a new, more efficient pothole vehicle. Finally, as part of the re-engineering effort, Mr. Leal said the implementation of the new Work Management System (WMS) or MAXIMO, would improve coordination efforts with utility departments. Finally, Mr. Leal discussed the following recommendations: continue to utilize Bond programs for street reconstruction projects; maximize state projects; seek increased funding each fiscal year; and review current street construction standards. The next presentation was Item 25, the proposed South Central Area Development Plan. Mr. Michael Gunning, Director of Planning, provided a brief history of downtown planning in general. He also discussed the background and process used to develop the plan. First, Mr. Gunning said the plan was adopted originally in 1991 and amended in 1995. He said the Stakeholders Group met during May through September, comprised of residents, entrepreneurs, architects, engineers and public agencies. The plan was reviewed by advisory committees from September 2003 through November 2003. Finally, two public hearings were held during Planning Commission meetings on November 5, 2003 and November 19, 2003. A downtown public meeting was planned from mid- January 2004, followed by a City Council public hearing and adoption on February 10 and February 17 respectively. Mr. Gunning reported that the study area boundaries covered 2.2 square miles, was comprised of a population of 7,270 people and 3,111 housing units. He briefed the Council on a number of plan highlights. Regarding the area of environment, Mr. Gunning stated that the plan provided for pollution prevention devices being incorporated into storm water outfalls to capture floating debris, sediments and other pollutants before they entered the bay system. In addition, the plan stipulated that any storm drainage improvements would not cause any higher flood levels in Blucher Park. Regarding future land use, Mr. Gunning said the goal in Area A was to promote a mix of tourist, retail, entertainment, residential and civic uses. Area A was also designed to encourage blocks on Shoreline Boulevard to develop with tourist -related and residential uses; promote quality high density residential uses; and promote mixed uses (e.g. loft apartments, live aboard facilities, and speciality grocery stores) to create a sense of community in the Central Area. Further regarding land use, Mr. Gunning reported that other goals were to enhance the seawall with special pavers or concrete imprinting, landscaping, increased lighting on steps and create shade. In addition, he reported that the plan mentioned the expansion of Heritage Park to the west toward 181. Other land uses in the plan were to provide for pedestrian corridors with existing and proposed improvements. Regarding land use in Area B, Mr. Gunning stated that the plan provided for promoting the Uptown Office area as the City's premier location for mid- to high-rise office development. In Area C, Mr. Gunning stated that the goal was to promote redevelopment to low- to mid -rise professional office and residential areas. Minutes - Regular Council Meeting December 9, 2003 - Page 13 Regarding the area of economic development, Mr. Gunning stated that plan provided for the following elements: create a continuous source of funding for downtown improvements, i.e. new Tax Increment Finance district, public improvement district, etc.; promote development of the marina with public/private joint ventures for retail, restaurant, entertainment, park and marina, residential and/or hotel uses; and promote arts and cultural resources in the downtown to be engines of economic development through strategic funding and other forms of assistance. With regard to public services, Mr. Gunning highlighted the bayfront park and marina concepts. Mr. Gunning provided a brief history of the bayfront park concept. The plan stipulates that the city, in partnership with the Downtown Management District, Regional Transportation Authority, Port and the Metropolitan Planning Organization should conduct a special community- wide planning process to determine an appropriate design for a bayfront park. He reviewed the following special study objectives for the Bayfront Park: identify permanent festival site location; identify Shoreline Boulevard street capacity needs; identify pros/cons of placing a fixed rail trolley on the bayfront; identify alternate traffic relief routes for downtown traffic; illustrate visual impact of views from Shoreline Boulevard; implement a community survey and consensus building process to determine the best design; and additional shade structures, lighting, trash receptacles, bicycle lanes, informational signage and kiosks, water fountains, and widened sidewalk for the seawall and adjoining walkway. With regard to the marina, Mr. Gunning said the plan recognized the potential of the marina as a way to draw more visitors to the waterfront and downtown areas. He said the redevelopment objectives included the following: additional restaurants and retail activities; residential uses and hotel uses; public park and recreational uses; and enhanced marina facilities and services. Mr. Gunning stated that the enhanced marina facilities would include additional boat slips, transient and charter boat slips; and restrooms with showers, pump out station and holding tank, fueling station, a ship's store, laundry and marina offices. Mr. Gunning stated that another goal was to minimize parking on the T -Heads and L -Heads by utilizing the following: on street parking in the Central Business District (CBD); vacant business parking during peak tourist hours; public and private shuttle services; enhanced pedestrian linkages to the T- and L -Heads from remote parking areas in the CBD; and enhanced transit service should be required as a condition of doing commercial business on the bayfront by any private developer. In addition, Mr. Gunning stated that the plan strived to improve the Cooper's Alley L -Head with more pedestrian friendly amenities and landscaping. The improvements included the following elements: boat storage area in the middle of the L -head should be relocated to an off-site location; and relocate boat ramp and associated parking area devoted to vehicles and boat trailers. The plan also envisioned permitting "liveaboards" in the marina when minimum improvements are provided. The goal was to add an additional housing type to an area which would benefit from the 24-hour presence of people. Finally, another planned improvement for the marina was to extend the concrete cap and attractive lighting on the breakwater. Regarding the plan implementation, Mr. Gunning said the next steps would be to create an implementation process and strategy and identify a financing mechanism(s). He thanked Mr. Robert Payne and Mr. Mic Raasch for their work on the South Central Development Plan. Minutes - Regular Council Meeting December 9, 2003 - Page 14 Mayor Neal and Mr. Garrett asked about the possibility of making the Heritage Park area into a festival site. Mr. Gunning replied that most of the suggestions for the festival site had been in the bayfront area, but they would look into it. Ms. Cooper asked why the plan was resurrecting the idea of `9iveaboards" when it had been decided after a lengthy public debate to discourage them. City Manager Noe replied that the Stakeholders Group was recommending them as a way to populate the downtown area, only if sufficient facilities were available. He acknowledged that "liveaboards" were not always the most reputable individuals, but they could be. Mr. Scott asked if it was a federal requirement to prevent pollution from entering the bay system. Acting City Attorney Reining replied that it had the potential to become a requirement. Mr. Scott also asked if the Downtown Management District (DMD) had circulated their plan for downtown. City Manager Noe replied that members of the DMD were on the Stakeholders Group. He also said the downtown public meeting was designed to encourage participation from groups like the DMD. In addition, he asked if staff had reviewed the Pedestrian Corridors concept plan developed by Scott Johnson and Larry Urban from the late 1980's because it contained some interesting ideas. He asked staff to provide the Council with a copy. He also asked to provide more specifics on the implementation of enhancing the arts and cultural aspects of the city. A discussion ensued about incentives to encourage downtown property owners to make improvements to their property. Mayor Neal mentioned the Renewable Communities concept as a good way to finance these types of improvements. Mr. Scott also asked staff to provide information on the accuracy of the property valuations for the downtown area. The next presentation was Item 26, a fourth quarter update for FY 2003 on the Risk Management Fund. Mr. Mark McDaniel, Director of Support Services, said the last fiscal year ended without any real surprises. He introduced Mr. Quentin Masters, the new Health Benefits Administrator, who reports directly to Ms. Cynthia Garcia, Director of Human Resources. This was a result of a reorganization of the Risk Management department by the City Manager. Ms. Cynthia Garcia discussed the health benefits aspect of the funds. She said the number of claims filed by plan has grown steadily over the years. She said the dollars paid by plan, including prescription costs, have been rising at a rate of approximately 20 percent. She said that nationally, medical costs have been predicted to rise in double digit inflation numbers. She said the total paid by participation level was the highest for the employee only plan. Mr. Masters provided an update on new cost control measures in the Health Benefits section. First of all, the new Health Benefits section was the first effort to control costs. He said notices had been sent to all employees and retirees about the new department's location and contact numbers. Going forward, Mr. Masters highlighted the following areas: transition to Humana from Entrust and to Benefits Advantage for retirees; monitor claims (diagnosis codes, high claim amounts and case management); network usage; prescription costs; and plan design adjustments for future years. Mr. Masters also noted that the City Manager has authorized the creation of an employee committee for input/discussion on the plans, including Police and Fire. Mr. Garrett told Mr. Masters about his experience regarding charges for lab and x-ray Minutes - Regular Council Meeting December 9, 2003 - Page 15 services conducted at Spohn Hospital. He said Humana had charged him for 20 percent of the costs instead of a $20 co -pay because the tests were conducted in a hospital. Mr. Garrett said Humana corrected the error when he brought it to their attention, but was concerned that Humana was not administering the plan as promised. Mr. Masters replied that he was aware that there were some transition problems. He apologized for the errors, and said he had addressed them. He said that he was aware that Spohn was billing as a hospital facility in some cases, thus inducing a hospitalization co -pay. He said he has asked Spohn if they desired to continue billing as a hospital, or identify themselves as a laboratory available for outpatient services. Mr. Masters said they had not responded. Mr. Colmenero commented on the increase in claims. Mr. Masters stated that part of the increase in dollars paid by the plan, including prescriptions, was that Entrust was not properly implementing the prescription benefit. Humana was now doing it correctly, which increased the cost for employees, but was saving money for the city. Mr. Noyola asked how many of the suggestions made by employee committee would actually be used. Mr. Masters replied that he intended to listen to all of the suggestions. He could not guarantee that the city would accommodate every wish because of budget constraints. However, Mr. Masters said there should be a balance in a medical plan between the needs of each group - e.g. Police, Fire, retirees, and employees. Mr. Chesney asked if the plan was working because he has heard many complaints.. Mr. Masters replied so near as he could tell, the plan was running in the black by $200,000, except for a run-off payment ($240,000) to Entrust that was not budgeted. Ms. Garcia provided an update on Workers' Compensation and liabilities. She said that claims per department (labor intensive only) have dropped by 10 percent. She said the number of claims per full-time employee (including all departments) have decreased from .366 to .332. Ms. Garcia said incurred costs by department have decreased 24 percent in FY 2003. She said the average cost per claim also decreased by 16.5 percent. She said the largest claims by type of accident were strains and injury by movement. She said the largest reduction in claims by type of accident were in burns/scalds, cuts and scrapes and caught between items. Regarding the claims count history, Ms. Garcia stated that the total number of claims was 1,117 and the total liability incurred was $21 million. Of those 1,117 claims, 711 were larger than one dollar, medical only were 595 and the indemnity cases were 142. Compared to the first quarter in FY 03, Ms. Garcia said that in FY 04 the claims count comparison was about the same. Ms. Garcia noted that the costs incurred were actually going down, however, by 48 percent. She noted that it was too soon to tell whether these patterns would last. Regarding liability claims, Ms. Garcia said they had decreased by 14 percent in police -related claims. She said vehicle damage claims had decreased from 371 to 307. Regarding costs incurred by department, she said the police department costs decreased from $267,000 to $261,000. She said Wastewater's costs increased from $62,009 to $106,008, and Water's costs increased from $23,000 to $83,468. Finally, she said Fire's cost went $21,006 to $52,001. Ms. Garcia reported on the measures being taken in Workers' Comp and General Liability to prevent accidents. She discussed the following accident prevention activities: training; Minutes - Regular Council Meeting December 9, 2003 - Page 16 assessments; inspection; analysis; and wellness. Mr. McDaniel provided an update on financial information for the Risk Management fund. He said each of the three sections of the fund - Health, Liability and Workers' Compensation, were doing well at this time. However, once long-term liability is included in the numbers, deficits begin to be seen. On Health Benefits, forecasts from intemal review and third party actuary anticipated $18.1 million in claims costs for FY 2003. He said the year end actual cost was $17.3 million, or $800,000 better than forecast. He said the year end audit adjustment for FY 03 and prior year was $2.95 million. Regarding Workers' Compensation, Mr. McDaniel stated that the addition of the incurred - but -not -reported number to the figures caused a deficit in the current year. He said this was the case despite the decreases in injuries in Workers's Comp because most of the numbers were from claims incurred from 1996 to 2000, not most recently. He said the projection is to have a $603,195 gain in income at the end of this year, which will whittle away at the accumulated $2.4 million deficit from FY 2003. Finally, Mr. McDaniel discussed the General Liability fund. He noted that in FY 2003, there was a gain of $341,929 and another projected gain of $331,443 in FY 2004. The accumulated deficit, again related to the incurred -but -not -reported number, will also be whittled away. Mr. Kinnison asked how the year -end -audit adjustment figure of $2.9 million affected the general fund year end balance. Mr. McDaniel replied that the general fund comprised about 60 percent of that number. He said staff is predicting a net gain in the fund balance, albeit rather small. Mr. Kinnison asked if any of this money was rolling forward in future years. Mr. McDaniel replied negatively. Mr. Kinnison asked when the draft audited financial statement would be distributed to the Council. Mr. McDaniel replied that the goal was to have it ready by the end of the month. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. John Arguell, 4940 Shadowbend, spoke regarding his concerns about the transition to Benefit Advantage, the city's new retiree insurance administrator. Mr. Danny Noyola spoke regarding street maintenance and services. Mayor Neal called for a brief recess. * * * * * * * * * * * * * The Council returned from recess. Mayor Neal referred to Item 29, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1003-01, John Butler: A change of zoning from an "F -R" Farm -Rural District to a "B-4" General Business District on Flour Bluffand Encinal Farm and Garden Tracts, being 1.953 acres out of the east one-half of Lot 14, Section 21, located north of Yorktown Boulevard and 1,700 feet east of Cimarron Road. Minutes - Regular Council Meeting December 9, 2003 - Page 17 City Secretary Chapa said the Planning Commission recommended denial of the "B-4" District and in lieu thereof, approval of a "B-1" Neighborhood Business District with a Special Permit for a mini -storage facility subject to five (5) conditions. He said staff recommended approval of a "B-4" General Business District. He said the ordinance before them reflected the recommendation of the Planning Commission. Mr. Gunning said the applicant requested a change in zoning to develop the property as a mini -storage facility. He said the property to the north, east and west is zoned an "F -R" District and is primarily undeveloped with the exception of a single-family residence to the west. He said access to the subject property was proposed along Yorktown Boulevard, an arterial. He said the mini - storage facility would generate a low volume of traffic with minimal impact to the adjacent street system. He noted that the property owner owned a large tract of land in the area. Mr. Gunning said the Planning Commission felt that because of the sign regulations in the "B-4" District, the "B-1" district with a special permit would be preferable because of the proximity of the property to a local park. He said the applicant felt that the "B-1" District with the special permit would allow him adequate signage for his facility. Mr. John Butler, 6652 Yorktown, said he would accept the Planning Commission's recommendation, but would prefer staff's recommendation. He said he did not have plans to use large signs for the business. He told the Council that the tract of land had been in his family for 80 years. Mayor Neal made a motion to close the public hearing, seconded by Mr. Scott, and it passed. Mr. Kinnison asked what uses the "B-4" zoning would allow. Mr. Gunning replied that general commercial, offices, auto sales and auto parts, and entertainment uses. Mr. Chesney asked if staff thought it was proper to have a "B-4" with this type of signage. Mr. Gunning replied that he was concerned about signage in the `B-4", but considering what was existing in the area, he said it would almost be discriminatory against the applicant to not recommend a "B-3" or `B-4". He said the rest of the property in the area would probably go "B-3" or "B-4" eventually. He said the city needed to deal with sign issues in the "B-4" in the Unified Development Code. Mr. Kinnison made a motion to amend the ordinance to allow for `B-4" usage as requested by the applicant. Mr. Chesney seconded the motion. Mr. Chapa noted that to overturn the Planning Commission's recommendation, the Council would need a majority plus one vote. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 9, 2003 - Page 18 29. ORDINANCE NO. 025572 Amending the Zoning Ordinance upon application by John Butler by changing the zoning map in reference to 1.953 acres out of Lot 14, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. * * * * * * * * * * * * * Mayor Neal deviated from the agenda and opened discussion on Item 34 regarding the Multipurpose Arena and Convention Center food service equipment. Mr. Kevin Stowers, Assistant Director of Engineering, said staff had received 8 bids for this equipment. They received an excellent price of $1.219 million. He said the estimated cost of the equipment was $1,400,000. He said the item was competitively bid as required by state statute, on a sealed bid basis. He said staff recommended the award to KIS-SSI, LLC accordingly. Mayor Neal asked for public comment. Mr. Dwayne Miller with Mission Restaurants said his company was the second lowest bid. He questioned the results of the bid process, saying that the city chose to award to KIS-SSI despite the fact that they weren't a local business. He said his company was well-qualified for the job and could service equipment more quickly. He also quoted a statement in the bid in the Special Provisions section which stated that "the city reserves the right to reject any and all bids, to waive irregularities, and to accept the bid which in the city's opinion is the most advantageous to the city and in the best interest of the public." Thus, he felt that Mission Restaurants was the right choice for the job. Mayor Neal asked why Mission Restaurants showed a San Antonio address on the bid. Mr. Miller replied that there corporate office was in San Antonio, but they had a local office in town. Mr. Kinnison asked if this bid was issued on a strict, low -bid basis. Mr. Stowers replied affirmatively, saying that staff had few alternatives by law when bidding for equipment purchases of this type. By law, they had to go with the lowest bid. Mr. Scott expressed his concern that the statement in the bid that Mr. Miller had read aloud did not seem to say this. Mr. Scott said that the very last statement, regarding the ability to chose the bid most advantageous to the city, was especially misleading. He also expressed concern that the Houston-based KIS-SSI would not be able to make service calls quickly. Mr. Chesney expressed his concern about the city's inability to award more bids based on best value, not low bid. He said the perception was that the city was against awarding bids to local businesses. Mr. Stowers replied that he was aware that there was local interest in this bid, and staff had structured the bid specifications to allow them to bid competitively. Mr. Chesney asked about the statement that Mr. Miller had read, and asked when the city used this right. Mr. Escobar replied that if there was a small mathematical error in the proposal itself, for example, staff would allow the bid to stand instead of reject the bid because it was in the best interests in the city. Mr. Chesney Minutes - Regular Council Meeting December 9, 2003 - Page 19 commented that he felt the city should lobby the legislature to allow larger cities to award more bids on best value. Mr. Kelly asked what would happen if the Council rejected this bid. Mr. Stowers replied that it would delay the preparations for the arena, and the equipment would have to be re -bid. Mr. Kelly questioned what benefit there would be to re -bidding if, by law, they would have to use exactly the same process and would have little control over the results. Mr. Kinnison asked if rejecting this bid would affect the city's ability to issue bids for other projects. Mr. Escobar replied that it would damage the city's credibility if they rejected a bid award even though the bidder had won fairly. City Secretary Chapa polled the Council for their votes as follows: 34. MOTION NO. 2003-433 Motion authorizing the City Manager or his designee to execute a contract with KIS-SSI, LLC, Joint Venture dba Kitchen Installation Services/Stafford-Smith, Inc., of Houston, Texas in the amount of $1,219,122 for the Multi -Purpose Arena and Convention Center Food Service Equipment. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 37 regarding a variance request for Get Happy, LLC to operate an on -premises alcoholic beverages establishment. City Manager Noe stated that the applicant was requesting that the Council waive the 500 -foot rule regarding the distance between an alcoholic beverage establishment and a church. Mr. Alan Yaffe, representing Mr. Frank Skelton, presented his case. Mr. Colmenero made a motion to grant the variance, seconded by Mr. Noyola, and passed. City Secretary Chapa polled the Council for their votes as follows: 37. RESOLUTION NO. 025575 Resolution to grant a variance, under Section 4-5(F) of the Code of Ordinances, City of Corpus Christi to Get Happy, LLC to operate an on premises alcoholic beverage establishment located at 526 South Staples Street. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Neal deviated from the agenda and referred to the next presentation, Item 27 on the Community Youth Development (78415) Steering Committee. Mr. David Ondrias, Director of Park and Recreation, provided a brief update on the committee. Mr. Ondrias stated that the program was established by the 74th State Legislature in an effort to reduce youth crime. He said youth ages 17 and younger and their families, living in or attending school in 78415 were eligible to received CYD services, free of charge. Mr. Ondrias provided the following information on the steering committee: consists of 11 members; two youth serve on the committee; at least 51 percent of the committee must live in Minutes - Regular Council Meeting December 9, 2003 - Page 20 78415; reviews service provider proposals; and recommends service providers to the City Council. Regarding the CYD service providers, Mr. Ondrias provided the following information: enter into a contractual agreement with the city, as a sub -contractor, to provide CYD services free to all eligible participants; receive reimbursement for budgeted expenditures related to CYD services provided; and must provide an annual self evaluation at conclusion of the contract year. Mr. Ondrias said the self-evaluation addresses the overall accomplishments of the program during the fiscal year. Mr. Ondrias noted that it had not been customary in the past to provide the Council with a copy of the annual report, but he would do so if they wished. Mr. Ondrias provided a list of the following CYD subcontractors for FY 2001- 2002: Boys and Girls Club; Communities in Schools; Park and Recreation; and Youth Odyssey. For FY 2002- 2003, he said Communities in Schools, Park and Recreation and Youth Odyssey were the subcontractors. Finally, for FY 2003-04, he said that the Boys and Girls Club, Communities in Schools, Park and Recreation and the YMCA were the subcontractors. Mr. Ondrias provided information on Communities in Schools, Park and Recreation and the Youth Odyssey programs. He said Communities in Schools was the largest provider that they funded and has been historically. He noted that 98.2 percent of case managed students in FY 2001- 02 improved in academics, attendance and behavior. In FY 2002-03, he said the number was 98.9 percent. Regarding Park and Recreation, he noted that participation in the program had increased this year from 3,833 in FY 2001-02 to 4,689 in FY 2002-03. Regarding the Youth Odyssey program, Mr. Ondrias noted that based on pre and post testing of participants, 82 percent of students in FY 2001-02 and 91 percent in FY 2002-03 stated that they learned communication skills in this program, among other statistics. Mr. Ondrias provided information on the Community Needs Assessment Survey for FY 2002-03. He said the survey question was asked, "Over the past few years, would you say that living in the 78415 ZIP code has become: better, worse, about the same, or don't know". He noted that in FY 2002-03, 42 percent of the respondents felt that it had become better, compared with 26 percent in FY 2001-02. Mr. Ondrias concluded by saying that the funding for this program was reduced this year by the state due to budget constraints, but the state did choose to continue the program. Mr. Kelly expressed his concern that there be more measurable evidence that the program has actually had an beneficial effect on the area. A discussion ensued over whether the results were measurable. Mayor Neal commented that the Council was informed in 1997 or 1998 that the program was neighborhood -driven and the board decided how the money was going to be spent. He said that the city had no direct input on how the money would be spent. He said the Council's main contribution was appointing the committee members, and conveying their interest in seeing that the program was effective. He said the program has evolved over the years to spend the monies in effective ways. Mayor Neal called for a brief recess to hold the Corpus Christi Industrial Development Corporation Meeting. * * * * * * * * * * * * * Minutes - Regular Council Meeting December 9, 2003 - Page 21 The Council returned from recess, and Mayor Neal opened discussion on Item 30. A motion was made, seconded and passed to open the public hearing on the following item: 30.a. Public hearing to consider amending the 1982 Storm Drainage Plan for the area west of Calallen (Five Points) to transfer about 8 acres from Basin "E" to an unidentified basin neighboring on the east. Assistant City Manager Margie Rose stated that a developer was interested in developing single-family subdivision within a 23 -acre site located in Calallen, north ofNorthwest Blvd. and east of River Hills Drive. She said the proposed subdivision was called New River Hills. She said the Storm Water Master Plan requires that the drainage go in a particular area. If there were any changes to the plan, it would require an amendment to the plan. She said the developer was requesting to divert the drainage into another area, so the ordinance requires that the request go to the Planning Commission and the City Council. She said the Planning Commission approved the request on December 3, 2003. Mayor Neal asked for public comment, and there was none. A motion was made, seconded and passed to close the public hearing. Mr. Kelly asked if the diversion of the water would not flood the homes near Hazel Bazemore Park. As an aside, Mr. Kelly asked if the development of the subdivision would divert water away from Fairway and improve their situation. Mr. Escobar replied affirmatively. Mr. Kelly asked staff to inform a constituent who had concerns regarding this matter. City Secretary Chapa polled the Council for their votes as follows: 30.b. Ordinance amending the 1982 Storm Drainage Master Plan for the area west of Calallen (Five Points) to transfer about 8 acres from Basin "E" to an unidentified basin neighboring on the east as better described in the attached exhibit. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal opened discussion on Item 33, regarding the Horne Road Street Improvement Project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: Minutes - Regular Council Meeting December 9, 2003 - Page 22 33.a. ORDINANCE NO. 025574 Ordinance appropriating $11,356.56 in unappropriated interest earnings from Street 1990 Capital Improvement Program Fund No. 3534; and appropriating $11,350.48 from the unappropriated interest earnings in Street 1995 Capital Improvement Program Fund No. 3537; and appropriating $233,960.46 from the unappropriated interest earnings in Street 1995B Capital Improvement Program Fund No. 3538; and appropriating $160,642.35 from the unappropriated interest earnings in Street 2001 Capital Improvement Program Fund No. 3540 for street improvements to Horne Road from Ayers Street to Kostoryz Road; and amending the Capital Budget FY 2002-2003 adopted by Ordinance No. 025144 by increasing appropriations by $417,309.85. (BOND ISSUE 2000) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 33.b. MOTION NO. 2003-432 Motion authorizing the City Manager or his designee to execute a construction contract with Haas -Anderson Construction Company, of Corpus Christi, Texas in the amount of $2,999,999.99 for Horne Road from Ayers Street to Kostoryz Road Street Improvement Project. (BOND ISSUE 2000) The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal opened discussion on Item 35 regarding a engineering services contract for Parking, Roadway and Traffic Study for the Minor League Baseball Stadium. Mr. Chapa announced that Mr. Kelly would be abstaining from the vote and discussion on this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 35. MOTION NO. 2003-434 Motion authorizing the City Manager or his designee to execute an engineering services contract with Wilbur Smith Associates, Inc., of Dallas, Texas in an amount not to exceed $32,500 for Parking, Roadway, and Traffic Study for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Noyola and Scott, voting "Aye"; Kelly abstained; Kinnison was absent. Mayor Neal opened discussion on Item 36 regarding amendments to the city's procedures in the Utilities Business Office. Mr. McDaniel introduced Ms. Michelle Workman, the new Utilities Business Office (UBO) Manager. He said that since September 8, 2003, the UBO has significantly enhanced collection efforts and the results have been tremendous. Additional temporary staff was hired to process accounts eligible for disconnection for non-payment, resulting Minutes - Regular Council Meeting December 9, 2003 - Page 23 in a marked increase in disconnections and reconnects after an account was brought current. He said the number of disconnects for nonpayment have been doubled. He also said that staff initiated more regular service checks on accounts off over 7 days. Mr. McDaniel noted that the value of reconnect orders has amounted to $1,039,839 in one month. He said the total had historically been about $200,000. He said that on September 8, there were approximately $3 million in active accounts receivable. On December 1, he said the accounts totaled half that amount, or $1.482 million. Regarding 2003 inactive account collection activity, Mr. McDaniel stated that the city has written off about $2,000,000 over the last three years. Mr. McDaniel presented the following recommended billing policy changes: adjust billing cycle, extending it to 21 days from 15 days; and require a deposit more regularly in the event of poor credit. He also suggested changing the late fee from $5.00 on the 18t day to 5 percent of the outstanding amount on the 30th day. Most importantly, Mr. McDaniel suggested that the Council shorten the disconnect for nonpayment from 60 days to 45 days. Regarding deposits, Mr. McDaniel provided the following recommended deposit practice: existing accounts - charge if disconnected for non-payment or tampering; new accounts - require if have prior poor payment history; amount - l/6th the annual bill or two times the monthly average; and refund - automatically, without interest after 12 months of good credit history. To promote greater customer convenience, Mr. McDaniel suggested the following practices - implement average billing; online payment and query; and automatic draft. Mr. McDaniel said the new average billing would be composed of the following elements: eligible if have 12 months of good credit history; use average of the most recent 12 monthly utility bills; customer initially billed the average billing amount, and the difference shall be deferred; and each month, approximately ten percent of the deferred amount applied to the customer's next monthly average bill. Mayor Neal if there were any criminal penalties connected with tampering. Ms. Workman replied that a section of the Texas Penal Code addresses tampering and unauthorized usage. However, she said staff was not pressing charges or issuing citations at this time because legal counsel has advised that it would be difficult to prosecute unless there was an eyewitness. A discussion ensued over how the city could press charges against these individuals. City Manager Noe stated that the city could institute an administrative charge as an additional reconnect fee when tampering was involved. Mr. McDaniel added that this charge was included in the amendment. Mayor Neal asked what effect writing off $2 million in delinquent accounts had on the budget. Mr. McDaniel said it had an adverse effect on the budget, requiring higher rates for the same services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 9, 2003 - Page 24 36. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish procedures regarding security deposit, delinquent payments, late fees, and average billing for the Utilities Business Office; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Neal opened discussion on Item 38, an amendment to the code of ordinances regarding the location of on -premise alcoholic beverage establishments. Acting City Attorney Reining stated that these amendments would update the ordinance to reflect current state law. He said the amendment would also create a mechanism for notifying the residents within 300 feet about the request for variance. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 38. FIRST READING ORDINANCE Amending Section 4-5, Code of Ordinances, City of Corpus Christi regarding the location of establishments serving on -premise alcoholic beverages; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney and Kinnison were absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. City Manager Noe announced that tomorrow at 11:00 a.m. at the Corpus Christi Cathedral, the funeral of Fire Captain Larry Gonzalez would be held. He also announced that there would be several baseball related items on the agenda next week, including a land acquisition and a number of MOU amendments. He said the city would be publishing an Annual Report for 2003 in January. He also reported that last Friday, the three- week time period for the Neighborhood Improvement Program off Morgan with great success. He thanked Yvonne Haag and staff for their work. Finally, he reminded the Council about the Career Development Holiday Social taking place this Friday at 6:30 p.m. at the Garden Senior Center. Mayor Neal called for Council concerns and reports. Mayor Neal asked if the ordinance on abandoned vehicles applied to commercial property as well. He mentioned a site near the old Kaffie lumberyard that needed attention. He said there was a possibility that he and City Manager Noe would be in Washington D.C. on December 16 to accept an All-American City Award from President Bush. He said he may ask that the December 16 council meeting begin at 9:00 a.m. to complete most of the agenda. Mayor Neal also asked that the Pearl Harbor Survivors group's request to change the name of the Harbor Bridge be put on the December 16 agenda for discussion. Finally, Mayor Neal spoke regarding a complimentary letter from a gentleman regarding his experience holding a World War II reunion. He also thanked the CVB for their efforts in this matter. Minutes - Regular Council Meeting December 9, 2003 - Page 25 Mr. Garrett asked that staff schedule a report on the activities of the Municipal Court in January. Mr. Noyola asked for a status on citizen requests for speed humps on Tiger Lane and in the Molina area. Mr. Escobar replied that there were being reviewed now. He also asked if there was an ordinance on 18 -wheelers parked on the side of the road near a commercial area. Acting City Attorney Reining stated that there was an ordinance regulating this. Mr. Noyola asked if a Town Hall meeting to be held at West Oso Elementary of January 5 had been confirmed. Ms. Cooper replied that she was in the process of doing so. Mr. Scott asked that staff schedule a presentation on the Sister City trip to Yokosuka, Japan soon. Mr. Colmenero asked if there was something that could be done about the long lines at the Health Department for flu shots. Mr. Noe asked Mr. Colmenero to send him something in writing with more details and he would respond. Mr. Colmenero also asked about a problem with an overgrowth of water lilies in Lake Corpus Christi. Assistant City Manager Massey replied that the city worked with the Texas Parks and Wildlife to control this problem. He said he would provide an update on their current efforts. Mr. Kelly spoke regarding the town hall meeting at Oveal Williams Senior Center yesterday. He said the neighborhood confirmed at that meeting that the clean-ups in the northside area had been effective. He also mentioned that the Calallen football team came one game short of going to state. He thanked everyone who attended the pep rally. He also mentioned that the Corpus Christi Concert Ballet held "The Nutcracker" last weekend, noting that his daughter Kassie Kelly and Council Member Cooper had performed in the production. He also asked Mr. Noe to speak with him about affordable housing later. Ms. Cooper said she had received a call from a constituent about the recycling center at the H -E -B on Alameda Street, saying that it was overflowing. She thanked staff for cleaning it up, but asked what could be done to prevent this. Assistant City Manager Massey replied that historically, there was a problem at the center during Thanksgiving weekend because of the short work week. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:45 p.m. on December 9, 2003. * * * * * * * * * * * * *