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HomeMy WebLinkAboutMinutes City Council - 09/28/2004I 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 September 28, 2004, which were approved by the City Council on October 12, 2004. WITNESSETH MY HAND AND SEAL, on this the 12th day of October 2004. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 28, 2004 - 10:03 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero Council Members: Brent Chesney Melody Cooper Henry Garrett Bill Kelly (Arrived at 10:20 a.m.) Rex Kinnison Jesse Noyola Mark Scott ABSENT City Attorney Mary Kay Fischer City Staff: City Manager George K. Noe First Asst. City Attorney 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 the Reverend Darrell Tomasek of the Lexington Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 September 28, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2 - 15). City Secretary Chapa announced that Item 8 needed to be amended. Mr. Bill Kopecky, 4609 Topeka, requested that Item 9 be discussed. A motion was made and passed to approve Items 2 through 15, 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: 2. MOTION NO. 2004-370 Motion approving a supply agreement for approximately 3,714 boxes of garbage can liners in accordance with Bid Invitation No. BI -0116-04 with Corporate Express, Corpus Christi, Texas, based on low total bid, for an estimated annual expenditure of $41,329.68. The term of the agreement shall 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 for FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting September 28, 2004 - Page 2 3. MOTION NO. 2004-371 Motion approving a supply agreement with Fox Scientific, Inc., Alvarado, Texas for laboratory supplies consisting of various chemicals and supplies in accordance with Bid Invitation No. BI -0108-04, based on low bid for an estimated annual expenditure of $70,000. 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 in FY 2004-2005 by the Water and Health Departments. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 4. MOTION NO. 2004-372 Motion approving a supply agreement with Bay, Ltd., Corpus Christi, Texas for approximately 20,000 tons of hot mix asphalt in accordance with Bid Invitation No. BI - 0001 -05 based on low bid for an estimated annual expenditure of $711,200. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Street Services in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 5.a. RESOLUTION NO. 025967 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $91,999 from the United States Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2004 Local Law Enforcement Block Grants Program to purchase law enforcement equipment for the Police Department; with a city match of $10,222 in the No. 1061 Fund, for a total project costs of $102,221. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 5.b. ORDINANCE NO. 025968 Ordinance appropriating $91,999 from the United States Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting September 28, 2004 - Page 3 6.a. RESOLUTION NO. 025969 Resolution authorizing the City Manager or his designee to accept an amendment to the immunization grant from the Texas Department of Health in the amount of $48,117 for personnel, fringe benefits, travel, and supplies for an immunization program. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 6.b. ORDINANCE NO. 025970 Ordinance appropriating $48,117 from the Texas Department of Health in the No. 1066 Health Grants Fund for personnel, fringe benefits, travel, and supplies to maintain an immunization program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7. ORDINANCE NO. 025971 Ordinance transferring $1,141,876 from the No. 1020 General Fund to the No. 1067 Park and Recreation Grants Fund; and appropriating the $1,141,876 as city matching funds for the Senior Community Services Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 10. RESOLUTION NO. 025966 Resolution supporting the creation of a regional park by the Coastal Bend Regional Park Foundation, Inc. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 11. RESOLUTION NO. 025972 Resolution authorizing the City Manager or his designee to donate surplus Fire and Emergency equipment to the Texas Forest Service under the Volunteer Fire Department Helping Hands Program, as provided in Section 88.106 Texas Education Code. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting September 28, 2004 - Page 4 12.a. MOTION NO. 2004-375 Motion approving the Transmission and Grid Main Construction and Reimbursement Agreement submitted by Nasser Farahnakian, owner and developer of Overland Meadows, Unit 3 subdivision located east of McKinzie Road, south of Leopard Street for the installation of 816 linear feet of a 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 12.b. ORDINANCE NO. 025973 Ordinance appropriating $24,955.78 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 816 linear feet of a 12 -inch PVC water grid main to develop Overland Meadows, Unit 3 Subdivision. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 13. ORDINANCE NO. 025974 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with MPM Development, L.L.C., owner and developer of Royal Creek Estates, Unit 1 subdivision, for public street improvements on Excalibur Road, an urban roadway abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed $29,949 for City's share of costs of the improvements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 14. ORDINANCE NO. 025975 Authorizing the City Manager or his designee to execute a five year concession services Lease and Use Agreement with Leslea J. Titlow doing business as The Tee Box at both the Gabe Lozano Sr. Golf Center and the Oso Beach Municipal Golf Course in consideration of Leslea J. Titlow doing business as The Tee Box paying 17% of monthly gross sales or $1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center; and 17% of monthly gross sales or $1,250 per month, whichever is greater, at the Oso Beach Municipal Golf Course. (First Reading 8/31/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting September 28, 2004 - Page 5 15. ORDINANCE NO. 025976 Amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan, as adopted December 23, 1964 by Ordinance No. 7441 (Master Sanitary Sewer Plan for areas annexed in 1960 and 1961 except Flour Bluff), and rescinding the Sanitary Sewer Master Plan, save and except the Storm Sewer Master Plan, for the areas of Wood River, River Hills, Valley View, and Quail Valley, in the area of Farm -to -Market Road 624 west of Highway 77, adopted March 10, 1982 by Ordinance No. 16927 (Storm Drainage Plan and Sanitary Sewer Plan for the area west of Calallen (Five Points), by approving and adopting the Wastewater Collection System Master Plan - Allison Service Area, as shown in Attachment 1. (First Reading 9/14/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 8 regarding a curb ramp improvement project at Old Robstown Road and Ayers Street. City Secretary Chapa stated staff was amending the contract amount from $142,967 to $145,345. A motion was made, seconded, and passed to amend the item as stated by Mr. Chapa. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2004-373 Motion authorizing the City Manager or his designee to assign the contract with KJK Construction in the amount of $142,967 $145,345 for the Americans with Disabilities Act Compliance Curb Ramp Improvements at Old Robstown Road and Ayers Street to CamRett Corporation of Corpus Christi, Texas. The foregoing motion was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 9 regarding the Willow/Brawner Parkway Proctor Channel Outfall Project. Mr. Bill Kopecky, 4609 Topeka, remarked the detention ponds between Santa Fe and Alameda and Staples and Alameda were rarely full during rain events. He said this seemed to indicate that the problem was upstream because there were not enough ways for the water to reach the detention ponds. City Engineer Angel Escobar replied the engineers would be evaluating the entire Brawner Parkway System and Gollihar System before interconnecting the systems to allow better flow for the drainage area. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 28, 2004 - Page 6 9. MOTION NO. 2004-374 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $331,022 for the WillowBrawner Parkway Proctor Channel Outfall Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was the Regional Transportation Authority (RTA)'s annual report. RTA General Manager Ricardo Sanchez discussed the RTA's mission statement as follows: provide quality transportation in a responsible manner consistent with its financial resources and the diverse needs of the people; and act responsibly to enhance the regional economy. Mr. Sanchez emphasized the second part of their mission statement because he said the RTA was committed to responding to the city's transportation needs for the arena and baseball stadium areas. Mr. Sanchez displayed a map of the RTA's service area. He said the area was 800 square miles, approximately five times greater than most transit systems. The service area was comprised of Nueces County (except Petronila), the City of Gregory, and the City of San Patricio. Mr. Sanchez covered the 2004 RTA operating budget. He stated 80 percent of revenues were generated by sales tax, followed by 11 percent from grants, and six percent from passenger fares, totaling $19.8 million. He said the amount of income derived from passenger fares, also known as the capture ratio, was relatively low compared with other transit systems in the United States. Regarding expenditures, he said about 50 percent of the budget went toward operation and maintenance costs and 25 percent for purchase transportation (paratransit services), totaling $17.9 million. Mr. Sanchez discussed the types of RTA services as follows: fixed bus routes; B -Line (paratransit); and Park and Ride. He said fixed bus route services constituted 95 percent of their all passenger trips. The RTA had dedicated approximately 75 buses and 42 routes for fixed bus services, with a base fare of 50 cents. Regarding the B -Line service, Mr. Sanchez said this paratransit service was operated by a private company, and riders had to meet certain eligibility requirements. The B -Line service averaged 166,000 passenger trips per year. Finally, the Park -n - Ride services were offered in the following four locations: Naval Air Station - Corpus Christi, Calallen, Gregory Mission Shopping Center, and Robstown. Mr. Sanchez described on the RTA's customer base. He said 80 percent of their riders were dependent on public transit and 75 percent had no personal vehicle. Senior citizens and persons with disabilities represent the highest growth in ridership, accounting for 360,000 passenger trips per year. He also said the RTA was transporting approximately 1,700 individuals in wheelchairs every month. In addition, Mr. Sanchez stated students, tourists, and the local workforce rounded out the Minutes - Regular Council Meeting September 28, 2004 - Page 7 RTA's customer base. Students accounted for approximately 600,000 passenger trips per year, 10 percent of which were related to college trips. He said the RTA's partnership with Del Mar College and Texas A&M University- Corpus Christi to provide free services to students had been highly successful. In addition, Mr. Sanchez said the RTA anticipated a surge in the tourism market with the opening of the arena and baseball stadium. Finally, he said 41 percent of the RTA's ridership was comprised of the local workforce. Mr. Sanchez briefly reviewed the benefits of public transportation. He said the main benefit was linking the community and rural areas, noting the RTA provided services to Bishop, Agua Dulce, and Driscoll. The RTA has 42 fixed bus routes to educational, employment, and medical centers every 30 minutes. A second benefit was to stimulate economic growth. He noted the RTA had received a $4 million federal grant to improve neighborhoods which was used in the Six Points area and the Oveal Williams areas. The RTA also assisted Robstown with their downtown development and revitalization project. Third, the RTA contributed and promoted air quality by using low emissions vehicles, burning clean diesel fuel. Fourth, the RTA reduced energy consumption by purchasing smaller and lighter vehicles that provided 20 percent more fuel efficiency. Finally, he said the RTA provided support during emergencies, and worked closely with the city's emergency management department and the Local Emergency Planning Committee. Mr. Sanchez discussed the RTA's current challenges and opportunities. First, he stated the RTA's expenses were growing while revenues were shrinking. He said the RTA was taking measures to reduce the gap by seeking additional grant revenues. Mr. Kinnison asked what was driving the approximately one million dollar increase per year in operating expenses. Mr. Sanchez replied there were several factors driving the increases, including fuel prices, insurance, and employee compensation plan. Mr. Kinnison observed that the RTA's sales tax revenues dipped in 2003. Mr. Sanchez explained the decrease was due to rebates issued by the State of Texas to companies that overpaid their sales taxes. He said other challenges and opportunities were to educate the general public, respond to increased service demands, and more requests for bus stop amenities. Mr. Sanchez discussed the RTA's strategic planning efforts to meet these challenges. First, the RTA was promoting cost containment throughout the agency, through staff efforts, cooperative procurement, and an energy savings program. To increase revenues, Mr. Sanchez said a committee had been formed to look into restructuring the RTA's fares, which were considerably lower than those found in other transit cities across the nation. In addition, he said the RTA would aggressively seek more grant funds, and look for more partnership opportunities with other governmental entities and the private sector. Another RTA initiative was to increase ADA and bus pad improvements. Mr. Sanchez stated the bus pads had been very successful in slowing the deterioration of the road at a bus stop. He also reported three areas had been impacted by a number of ADA and bus pad improvements, namely the Leopard Street, Gollihar/Ayers, and Alameda Street areas. Since 1999, Mr. Sanchez reported that 46 bus pads had been installed, and 42 were currently under design. The RTA has spent $9.5 million in actual construction or planned improvements, and $1.3 million was allocated for ADA improvements. In addition, Mr. Sanchez stated the strategic plan included measures to review and improve Minutes - Regular Council Meeting September 28, 2004 - Page 8 productivity and to improve security for employees and customers. Regarding productivity, he said staff reviews the bus routes every two years and presents the results to their board of directors for their review and action. Regarding security improvements, he said the RTA had installed cameras in bus stations and, for the first time, was installing cameras on their buses. They also worked closely with the police department. Another initiative was to expand partnerships with governmental and non-profit agencies. Mr. Sanchez reported on their successes working with Texas A&M Corpus Christi, Del Mar College, the Port of Corpus Christi, and the Texas Unified Certification Program. He highlighted the RTA's partnership with the Port, saying the Port was purchasing a new boat that the RTA would operate as a Harbor Ferry. In addition, he said the RTA was one of six agencies able to certify minority and women -owned businesses through the Texas Unified Certification Program. Mr. Sanchez reported on the RTA's technology initiatives, such as information kiosks in bus stations. He also said the RTA was working on a greater customer focus, and he was requiring staff to use the RTA's services at least once a month. Finally, Mr. Sanchez said the RTA was striving to attract "choice riders" and provide alternative modes of transportation. He said their van pool program was one of the RTA's best kept secrets, and he was encouraging the promotion of the program. He also reported on the status of the streetcar project. He said the RTA's consultant had completed the environmental assessment, including the preferred streetcar alignment of the Water St./Shoreline Boulevard hybrid per the Council's direction. The RTA was continuing to gather more public input through presentations and a telephone survey. The next step was to submit the environmental assessment to the Federal Transit Administration for their review, a non-binding action. He said staff would be conducting an in- depth financial plan for the funding and capital costs associated with the project. The RTA had received a $500,000 earmark from the Federal Highway Administration to conduct preliminary engineering. Ultimately, Mr. Sanchez said the RTA would have to receive approval from the Federal Transit Administration and their board of directors before proceeding with any preliminary or final engineering for the project. Mr. Kinnison asked when the RTA would submit the streetcar environmental assessment to the Federal Transit Authority (FTA). Director of Operations David Seiler replied staff would seek the RTA board's approval to submit the environmental assessment either in October or November. Mr. Kinnison asked when the financials would be completed. Mr. Sanchez answered staff was working on a timetable for the financials now, and anticipated having them ready within the next few months. He questioned whether it was wise to proceed with the plan at this point since it was unclear whether the project was economically viable. Mr. Seiler replied the FTA allowed agencies to proceed into preliminary engineering without the final finance plan. Before proceeding into final engineering, however, a finance plan with resolutions of support had to be in place. Mr. Kinnison emphasized that the RTA should determine the financial feasibility of the plan before proceeding with the plan. Mr. Seiler reported on the RTA's new Arena/Bayfront Arts & Sciences Park Transit Service Plan. He said the RTA has asked represetatives from San Antonio's public transportation system, VIA, to assist in the planning effort. He said the proposed transit service was consistent with the RTA's service objectives (and the City's) in the following ways: promotion of public transportation; Minutes - Regular Council Meeting September 28, 2004 - Page 9 solutions to congestion and parking problems; promoting clean air; creating an enhanced pedestrian environment; and creating an enhanced potential for downtown activities. He said the success of the interim service will help determine the necessity for a more enhanced public transportation service such as the streetcar. Mr. Seiler said the RTA was working with several partners, including the City of Corpus Christi, SMG, the police department, and outside consultants to develop a transportation strategy for the arena area and other existing venues. The RTA was also working to address future issues and service planning for the new baseball stadium, partnering with the city and Mr. J.J. Goetsch, president of the Corpus Christi Hooks. Mr. Seiler discussed the transit service strategies for the arena and Bayfront Arts & Sciences Park area. He said transit service would be based on different thresholds of parking demand, depending on whether the arena was sold out, for example, or if the arena was holding an event in conjunction with other venues. The service would be geared toward getting patrons to the venues approximately an hour and a half before the event. The proposed Park -n -Ride service would provide express service from remote parking lots at Memorial Coliseum, City Hall, the County Courthouse, and private parking garages, with no "flagstops". Mr. Seiler said the "Harbor Ferry" may be included in the plan, utilizing the 600 parking spaces available under the Harbor Bridge on Corpus Christi Beach, especially for residents of Gregory/Portland, Rockport, Aransas Pass, and Ingleside. To make the service even more attractive, Mr. Seiler said the RTA was planning frequent "headways" to and from the arena, a frequency of five minutes or less between buses. Unlike for Bayfest, however, he said the recurring need for this premium service would require that a fare be charged. He said the RTA was looking at $1 or $2 fare, with discounts for senior citizens and persons with disabilities. Mr. Seiler reported the Park -n -Ride service would have special needs. The RTA has asked the city to provide dedicated, express bus lanes on Shoreline Boulevard that would allow the buses to bypass congestion. Other needs would be to have security in the remote parking lots, staff members to assist patrons, and paratransit vehicles for persons with disabilities. Finally, Mr. Seiler said promotion and communication about the service would be essential to its success. He said the service would be given a catchy name to identify it, possibly through sponsorships. In addition, the RTA would promote the service through their website, website links, and the media. He also stated they would work closely with the city and SMG to stay informed about upcoming events well in advance. In response to Mr. Colmenero's question, City Manager Noe stated there were two transit plans being considered. The first plan covered the time between the baseball stadium's opening day in Spring 2005, and the second plan would take place afterwards. Upon completion, the baseball stadium would provide over 2,000 parking spaces when a game was not scheduled, which would be a parking asset in the area. Mr. Noyola asked Mr. Sanchez to provide figures on the RTA's ridership from the local workforce. He also asked what the RTA could do to help maintain the condition of the city's roads, since the buses place a great deal of stress on the roads. Mr. Sanchez replied the RTA was Minutes - Regular Council Meeting September 28, 2004 - Page 10 aggressively seeking grant funding to make more bus pad and ADA improvements. He was also working to coordinate the RTA's efforts with the city's capital projects. Mr. Noyola asked about the status of the bus pad work on Port and Ayers. Mr. Sanchez said a meeting was scheduled this Friday to discuss the work, and he would provide Mr. Noyola with a report. Mr. Kelly stated he was pleased with the RTA's plan for downtown. He asked how much of the plan would be in place for the Cher concert, and when the plan would become known to the public. City Manager Noe replied the entire plan would be in place, and a full briefing was planned for the week of October 11. Mr. Kelly asked for a status report on a number of new bus stops planned in the northwest area. Mr. Sanchez said the RTA was coordinating the effort with TxDOT, and he would provide Mr. Kelly with a report. Mr. Scott asked for more information on the city's role in implementing the RTA's transit plans, specifically regarding the designated lanes. Mr. Noe replied it would be a coordinated effort, requiring lane demarcations and barriers, police officers directing traffic, and a traffic plan. He did not feel it would require too much extra effort or cost on the city's part because staff would already be working in the area anyway. Mr. Scott also suggested the city publicize the use of Port Avenue as a route to and from the arena, saying it was substantially underutilized. In response to Mr. Scott's question, Mr. Sanchez stated the RTA would provide the Park -n -Ride service free of charge for the Cher concert as a way to promote the event. Mayor Neal asked staff to hold a major press conference well in advance of the arena opening to promote the plan. He also said he would like the final plan brought before the Council. Mr. Kinnison asked if there would be a charge to park in the spaces by the arena now. Mr. Noe replied between now and April 2005, there would be no charge, but there would probably be a charge afterwards. * * * * * * * * * * * * The next presentation was Item 18, an update on the Memorial Bench and Tree Project by Ms. Charlotte Hutchinson, a representative from the Friends of the Park. Ms. Hutchinson stated the Friends of the Park was a non-profit corporation devoted to improving the city's parks for the benefit of the neighborhoods, families, and the public. Their mission was to improve city parks for the community so Corpus Christi would be known for its great parks and enhanced quality of life. Ms. Hutchinson reported on the Friends of the Park's action plan to achieve their mission. First, she said the group emphasized the use of trees, native plants, and landscaping. Second, their goal was to improve the environment, attractiveness, and functionality of parks to meet the diverse needs of the community. Third, they endeavored to build cooperation and a strong sense of community. Fourth, they strived to develop pride, respect, and responsibility for community green spaces. Fifth, they sought to empower neighborhoods to be active participants. Sixth, their goal was to engage the public in planning and funding. Sixth, they emphasized the proactive management of city parks. Ms. Hutchinson provided an update on the Friends of the Parks's completed projects to date. The group, in conjunction with the city, CCISD, and Wilson Elementary School students and Minutes - Regular Council Meeting September 28, 2004 - Page 11 faculty, made a number of improvements to the North and South Pope Parks, including tree plantings, installed rail barriers, addressed drainage problems, and fixed a sidewalk. They also made improvements to Cliff Maus Village playground, working with Flint Hills Resources and area churches to add playground equipment to the park. Finally, she reported on the improvements made to Billish Park, including a pavilions, a walking exercise trail, gazebos, and a sports complex. Ms. Hutchinson reported on current projects, including the Louisiana Parkway Revitalization Project, the Arbor Day Planting 2004, and the Memorial Tree and Bench Program. She reported the Louisiana Parkway Revitalization Project was in the fundraising stage. The Arbor Day Tree Planting was scheduled at Ben Garza Park on November 6, and activities included a ceremonial tree planting sponsored by Beautify Corpus Christi, softball games by the Police Athletic League, and a barbecue. Ms. Hutchinson highlighted their efforts on the Memorial Tree and Memorial Bench Program. This program would be provided as a service to the Corpus Christi Parks and Recreation Department. She said the cost for an individual memorial tree and planting was $250, while donations under $250 would go toward planting a grove of trees. The tree size was approximately six to eight feet tall. The trees would be planted between November and February. Ms. Hutchinson said the $250 fee included a mark-up of 25 percent to cover administrative costs. She said the planting sites would be selected by the Friends of the Park and the park and recreation department according to several criteria as follows: need for trees; available space for trees; future development plans; soil type -accessibility for watering; and available water source. She said the park and recreation department has developed an list of compatible tree types from which buyers could choose. Ms. Hutchinson provided information on the memorial park benches. She said they would be constructed out of 90 percent recycled plastic composed of high-density polyethylene raw material from post -consumer bottle waste. The benches would be heavy-duty strength, with six foot long cedar -colored planks and hot dipped galvanized steel supports. She said if the surface required cleaning only, any household cleaner could be used. If the surface had been marked with graffiti, a high-pressure washer may be used for removal. Severe scratches and carvings into the surface may be hand sanded with a fine grade of sandpaper. Finally, she said the benches were manufactured by DuMor Site Furnishings, Inc., specializing in furniture for parks and common areas across the country. The cost for the benches would range between $800 and $1,500, including a mark-up of 25 percent for administrative costs. Additional costs would be for concrete pads if needed and for custom plaques if desired. Finally, Ms. Hutchinson covered what types of city resources the effort would require. She said the group would use "in-kind services" for the tree plantings and the memorial benches, including the actual planting and water sources for the former and installation of the latter. She asked the Council to consider appointing the Friends of the Park as the official administrator for the memorial program. She also asked that an announcement of the memorial program be inserted into utility bills with a check -off to indicate an interest in the program. Mr. Scott noted the Bond 2004 project list included a neighborhood parks improvement project, and he asked the group to consider supporting this portion of the bond package. He thanked the group for all their efforts, and said he would be interested in purchasing a memorial tree. Minutes - Regular Council Meeting September 28, 2004 - Page 12 Mr. Kelly was impressed with the group's action plan, especially the use of native plants and trees. He asked how the group selected parks for improvements. Ms. Hutchinson replied the group started out by targeting the parks in their own neighborhoods. They chose Ben Garza Park because it had already been targeted by the city for improvements, and because it was a visible park with many users. Mr. Kelly asked how one could join the group. Ms. Hutchinson answered the group had a website, friendsoftheparkscc.org, and a brochure. They would be working on a public campaign drive soon. Mr. Kelly asked if the group had any problems with stolen trees. Ms. Hutchinson replied negatively, but said the group was inserting a steel rod into the root ball of the tree and securing it with spikes to prevent theft. Mr. Chesney spoke in support of the group and their efforts. Mr. Colmenero suggested asking groups to donate trees to the Friends of the Parks to support their efforts. Ms. Cooper asked who would be responsible for replacing any of the memorial benches were destroyed by a hurricane or other natural disaster. Ms. Hutchinson replied the benches were quite durable and all efforts would be made to repair a bench before replacing it. However, she said if a bench was damaged beyond repair, neither the city or the Friends of the Park had the funds to replace it. Mr. Noyola asked for a list of all the parks and the neighborhood associations to inform them about the project. * * * * * * * * * * * * * The next presentation was a quarterly update from the Convention and Visitors Bureau (CVB). Mr. Tom Galyon, CVB president and CEO, displayed the CVB's new logo, noting that it included Mustang Island. He also introduced the new restaurant reservation service for conventions. He said the new service would be initiated at the Texas Municipal League meeting next month, where a staff member would be stationed in a booth to make reservations for the delegates. Mr. Galyon reviewed the August 2004 sales report, noting it included final numbers for FY 2003-2004. He said last fiscal year's performance was modest, but given that the convention center was being renovated and remodeled, it was understandable. He said the CVB has increased its sales goals for FY 2004-2005 by 20 percent, totaling about 16,000 room nights over the past fiscal year. Mr. Galyon reported the CVB's Austin office opened on August 9, run by Ms. Jean Bonner. Ms. Bonner will be focusing on the association and government markets in the region. Mr. Galyon said the CVB was working with SMG and other industry partners for an October Fam to target those groups needing convention center services. He said there were currently ten planners involved with the potential for a few more. Mr. Galyon reported on the CVB's participation in trade shows. He said staff had just returned from Washington, D.C. for the Affordable Meetings trade show. They had also gone to the TTIA conference in South Padre Island; the Texas Society of Association Executives in Grapevine, TX; the Amateur Athletic Federation in Round Rock; DFW Association Executives in Dallas; and the Teams Conference in Houston for sports markets. Minutes - Regular Council Meeting September 28, 2004 - Page 13 Mr. Galyon also stated the CVB was currently hosting the Reunion Network Fam with 15 military reunion planners, which would be here until Thursday. He distributed a list of CVB sales managers with account/goal assignments for the Council's information. Mr. Galyon announced the CVB's website was now in Spanish, thanks to a partnership with the Hispanic Chamber of Commerce. He reported on a new media kit with 10 media stories he would be taking to travel editors in various Texas cities, as well as to southwestern travel writers. Mr. Galyon reported the CVB has received a large number of calls from Winter Texans who had been traveling to Florida but, because of the heavy hurricane activity, had decided to visit Corpus Christi instead. He said a Winter Texan section was being placed on the CVB's website, and should be up and running by early October. Finally, Mr. Galyon provided an update on the Texas Municipal League (TML) conference. He said attendance appears to be increasing by about 25 percent over the initial TML estimate from 2000. He said he would be using the TML conference as the first convention for their on-going research program on the economic impact of meetings/conventions/trade shows on the city. Mr. Scott spoke in support of the new CVB logo. He asked if the CVB had been involved in the planning for the TEX-21 conference in December. Mr. Noe replied Assistant City Manager Ron Massey was currently working on the conference with the CVB. Mr. Galyon added the CVB was planning to sponsor a breakfast or break for the conference. Mr. Scott asked Mr. Noe for an update on moving the visitor information center on the Island because it was located on the wrong side of the road, on the way off the island. He said the owner of a historic house on the island had expressed interest in locating the center on his property. Mr. Noe reported the land was within the jurisdiction of two state agencies, so there were many obstacles to overcome before the land could be used. Mr. Colmenero asked for more information on the research program the CVB was planning for TML. Mr. Galyon stated they were planning to place a survey in delegate welcome packets. As an incentive, the CVB was holding a drawing for $100 for those submitting the survey. Mr. Colmenero asked for a status report on plans to market or "brand" the Corpus Christi Beach area. Mr. Galyon replied the committee had met and developed a name for the area which would be publicized to coincide with the arena opening. Ms. Cooper asked what marketing tools the CVB was using to publicize the city's newest attractions, the arena and baseball stadium. Mr. Galyon replied the marketing committee had recently met and had developed a marketing plan for the remainder of the year and next year. He said they were developing a CD on the convention center and arena among other things, and were waiting for the arena to actually open to provide live shots. The CVB was also planning to add a virtual tour of the arena and convention center on their website. Mr. Kinnison reported on new software that could be used to e-mail a poll or survey, providing a much higher response rate than a traditional survey. He suggesting using it for the TML conference, and said he would provide more information. Mr. Galyon thanked him for the information. Minutes - Regular Council Meeting September 28, 2004 - Page 14 Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Ms. Priscilla G. Leal, 4738 Cheryl, and Mr. Roland Garza, 2854 Alvin, thanked the city for their efforts to improve Brookdale Street, and also asked them to look into problems with the improvements made to Evelyn and Archer Streets. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding his concerns about the city's recent economic development discussions with Bass Pro Shops. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 22. Executive session under Texas Government Code Section 551.071 for consultation with attorney regarding the use ofpublic rights-of-way and property by pipelines, grants of rights therein, fees therefore, and related matters, with possible discussion and action related thereto in open session. 23. Executive session under 551.074 of the Texas Government Code for deliberations regarding the evaluation of the City Manager, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following items were passed with the following vote: 22.a. MOTION NO. 2004-377 Motion authorizing the City Manager, subject to certification of funds, to execute a Legal Services Agreement with Geoffrey M. Gay, Lloyd, Gosselink, Blevins, Rochelle, Baldwin, & Townsend, P.C., to provide legal advice relating to fees for use of the City's rights-of-way, utility easements, and other City properties by pipeline companies; represent the City in implementation of the ordinance; and take action to collect any fees due 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". 22.b. ORDINANCE NO. 025978 Appropriating S107,000 from the No. 3160 City Hall CIP Fund for legal services related to the pipelines in the City's rights-of-way, utility easements, and facilities; and declaring an emergency. 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". Minutes - Regular Council Meeting September 28, 2004 - Page 15 Mayor Neal called for Item 19, a quarterly update on the city's non-discrimination ordinance under the Human Relations Chapter 24 of the city code entitled "Discrimination Against an Individual with a Disability". Ms. Wanese Butler, acting director of the human relations department, reported that this section of the non-discrimination ordinance provided local resources in allegations of disability discrimination through review, investigation, and enforcement, using ADA guidelines for public and private entities. Ms. Butler stated the types of complaints regarding lack of accessibility for persons with disabilities fell into the following three categories: places of public accomodations (i.e. stores, hotels); other government entities (i.e. school districts, state and county offices); and the City of Corpus Christi (public programs and services). She noted in those cases where the city lacks jurisdiction for enforcement, the city may refer the complaint to the appropriate governmental body for enforcement. Ms. Butler reported the number of complaints submitted so far were relatively low. In Category I, places of public accommodations, she said the city had received six complaints that were categorized by type of establishment as follows: restaurants - 3 complaints; retail shops - 1 complaint; medical center - 1 complaint; and non-profit - 1 complaint. In Category II, other governmental entities, the city had received three complaints which were referred to the appropriate governmental entities. She reported that two were related to the education area, and one was related to licensing. In Category III, the City of Corpus Christi, there were 50 complaints submitted, but she noted that 43 of the complaints were related to the city's implementation of the automated trash pick-up services. Individuals in these cases were incapable of moving their new trash receptacles to the curb and had requested assistance. The remainder of the complaints in Category III were broken down as follows: 2 related to ramps/aisles; 2 related to seating; 1 related to parking; 1 curb ramp request; and 1 cost of service/fee for service complaint. Ms. Butler concluded staff would continue to address accessibility concerns and to determine inaccessibility to public services for the community. She said their goal was to resolve as many complaints as possible on the local level to serve as a local resource for citizens. Mr. Noyola asked for more information on the investigation process. Ms. Butler replied a citizen would discuss their complaint or concern, and staff would notify the business about the complaint. She said they would then provide information on the non-discrimination ordinance as well as ADA specifications for their information. Mr. Noyola asked what enforcement tools the city had available if a business owner failed to comply. City Manager Noe replied the city could file a case in Municipal Court, and the owner could be fined for violation of the ordinance. He stressed, however, that staff tried to mediate and work between the complainant and the business to resolve the issues. Mayor Neal asked for an update on the staffing situation in the human relations department. City Manager Noe said he would provide it. * * * * * * * * * * * * * Minutes - Regular Council Meeting September 28, 2004 - Page 16 Mayor Neal opened discussion on Item 20 regarding the Meadowbrook Subdivision Area Drainage Improvements Project. City Engineer Angel Escobar reported this project was part of the $55 million storm water capital improvements program approved by the Council. He said the Meadowbrook area residents experienced flooding in their homes during major rainfall events, and this project was designed to address the problem. He showed a map illustrating the project area was bounded by one block north of Gollihar, Staples/McArdle Road on the south, Airline Road on the east, and Mustang Trail on the west. He said the recommended storm sewer improvements would greatly increase the downstream capacity of the major trunk system. The existing system was currently at a 25 -year storm event level, while the proposed improvements in the area would meet the requirements of a 100 -year storm event. Mr. Escobar explained the $2,340,347.20 project would include the following work: installation of various sizes of storm sewer pipes and inlets; 550 linear feet of 10' x 6' concrete box culvert; pavement reconstruction; channel widening and regarding; and excavation and reshaping of Oso Lake. He said the work would be completed in two phases. Phase 1 would include improvements to the following areas: Area 1 - Neighborhood Drainage Improvements; Area 2 - Box Improvements (Lum Avenue to outfall); Area 3 - Cullen Channel Improvements (Airline Road to Belmeade Road); and Area 4 - Shephard Street and area streets drainage improvements. For Phase 2, the work on Oso Lake, he said these areas were under the jurisdiction of the U.S. Army Corps of Engineers so a permit would be required before any construction can begin. He said the permit process was ongoing and should be completed 8 to 12 months from the bid date. Mr. Escobar stated there would be a number of delays and inconveniences around the Airline Road and Lum Street intersection by Gollihar Road when the new concrete box was installed next to the existing one. Staff was requesting approval of the project, and the anticipated start date for the construction was the end of October. There were no comments from the audience. Mr. Scott asked when the entire project would be completed. City Engineer Escobar replied the project was scheduled to take 240 calendar days, and the anticipated completion date was May 2005. Mr. Scott asked if the project would address all the drainage problems in this area. Mr. Escobar replied affirmatively, but noted the drainage for Brock and Meadowbrook Streets along Gollihar Road was sufficient, so these residents would not be seeing construction in these areas. Rather, the problem originated with a bottleneck in the system upstream, and doubling the size of the box would address the problem. Mr. Scott asked Mr. Noe to schedule a neighborhood meeting to inform the residents about the project within the next four to six weeks. Mr. Escobar added Ms. Valerie Gray, storm water services director, had sent notices to the area residents notifying them about the project. He said staff would continue updating the residents. Mr. Scott remarked this project would have a tremendous impact on the neighborhoods, and he thanked staff for their efforts. Mr. Garrett reiterated this project was great news for the residents in the Meadowbrook area, and he also thanked staff for their efforts. Mr. Colmenero spoke in support of holding a neighborhood meeting, possibly at King High School, to keep the Meadowbrook residents informed about the project. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 28, 2004 - Page 17 20. MOTION NO. 2004-376 Motion authorizing the City Manager or his designee to execute a construction contract with Jalco, Inc., of Houston, Texas in the amount of $2,340,347.20 for the Meadowbrook Subdivision Area Drainage Improvements Project. 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 21 regarding a $7,000 annual grant provided by cable operators for access studio equipment. Ms. Susan Cable, director ofE-Government Services, stated this appropriation had been tabled last week. She said the grant provided payment to NuPAC, Inc. for the replacement and repair of public access equipment. Mayor Neal asked for public comment. Ms. Cruz Colomo, president of NuPAC, Inc., and Mr. Emile Bolden, spoke regarding their concerns about the lack of funding for public access television, problems with NuPAC's previous administration, and the city's alleged preferential treatment for the previous administration. Mr. Kelly expressed concern that the public access studio was expected to be self-funded with the exception of the city's capital contributions for equipment purchase and repair. He had received many disturbing reports regarding the questionable expenditures and record keeping under the previous administration, despite a criminal investigation that found no wrongdoing. He said it was appropriate to require closer scrutiny over the use of the funds. He asked Mr. Noe what could be done about the studio. City Manager Noe answered he was not sure about the future of public access. He said this was the third group the city had worked with to run the public access studio, and each group presented a unique set of problems. Mr. Kelly asked if any of the problems presented liability issues for the city. Mr. Noe replied affirmatively, saying the lack of insurance for the facility and the lack of tax-exempt status for the group could present problems. Mr. Kinnison suggested that NuPAC place the $7,000 grant either in a separate bank account to better monitor its use or allow the city to administer the grant on their behalf. Ms. Colomo took exception to having the city administer the grant because she preferred to maintain control of the funds, and she felt the Council was questioning her trustworthiness. Mr. Kinnison added that due to past mistakes, the city was now trying to place tighter controls on these public funds, and it was not a reflection on Ms. Colomo personally. City Manager Noe said it would be safer to allow the city to administer the grant, and Mr. Scott agreed. Mr. Noyola asked about a $30,000 payment the city made to NuPAC's previous administration in July 2003. Ms. Cable reported the city had issued an RFP to find a public access studio operator. The city made a $14,921 grant from the city to NuPAC for the replacement of significantly inoperable equipment. An additional $15,458 grant was given for studio set-up, and the city had granted a similar allocation to STIEF, the group that had administered the studio before NuPAC. Mr. Noyola asked why Ms. Colomo's administration was not given a $30,000 payment. Ms. Cable replied the city's contract was still with NuPAC, and even though the administration had changed, the funding was still a one-time deal. Mr. Noyola asked for a copies of receipts and the list of equipment the city had purchased. He said there were persistent reports the monies had been Minutes - Regular Council Meeting September 28, 2004 - Page 18 misallocated. Mr. Chesney spoke in support of placing tighter controls on the funds. He assured Ms. Colomo and Mr. Bolden that the decision was not based on staff or the Council's personal opinions of them. Rather, the closer scrutiny was needed in light of past discrepancies by other groups. Mr. Chesney asked Ms. Cable to describe the discrepancies. Ms. Cable replied the previous administration had submitted receipts for approximately $23,000 in purchases made in cash instead of by check. She said there was nothing in the by-laws at this point prohibiting this, so even though it was irregular, the police investigation did not find an wrongdoing. Mr. Noe added the lack of financial procedures did not indicate the funds were misspent. Ms. Colomo stated other major cities in Texas, including El Paso, San Antonio, and Dallas, funded their public access studios by providing 5 percent of the franchise fee. She expressed concern about the way the city was funding its public access studio. Ms. Cooper thanked Ms. Colomo and Mr. Bolden for their efforts to address the problems with the public access studios. Mr. Scott commented the recent controversy seemed to have originated with a single member of the NuPAC, who was not present today to rebut any statements. He said he found this disappointing because it seemed the member was more interested in stirring up controversy rather than solving problems. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 025977 Ordinance appropriating a $7,000 annual grant provided by cable operators in the General Fund Reserve for access studio equipment. (Tabled on 9/14/04) 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 called for the City Manager's report. City Manager Noe reported on a number of documents staff was distributing to educate the community on the upcoming ballot propositions. A utility billing circular would be going out describing the ballot items, and a voters guide was being printed including information on the bond issue. Staff was also scheduling a meeting with the Caller -Times editorial board and setting up a presentation schedule. Mr. Noe reported a meeting was held last Saturday in an attempt to reenergize the Graffiti Wipe -Out Campaign, including the Volunteer Center, neighborhood kids, and the police department. He thanked Home Depot for donating paint for the effort. The next tree planting ceremony for the current NIP effort was scheduled this Friday at 10:00 a.m. at Zavala Elementary on Highland Street. Finally, Mr. Noe reported the following items were scheduled for next week's agenda: Minutes - Regular Council Meeting September 28, 2004 - Page 19 discussion of skate park location issue; Bond 2004 projects, including the police/fire training facility; pipeline ordinance; and an amendment to the dance hall permit fees for non-profit groups. Mayor Neal reported Senator Hutchison's office has stated that during the months of August and September, the Packery Channel project contractor was able to spend about $4 million, almost $3 million over what was expected to be spent. He said the total completion cost was down to $8.4 million, and he was grateful to the Corps of Engineers and Senator Hutchison for their efforts. Mayor Neal called for Council concerns and reports. Ms. Cooper reported the next town hall meeting would be held at Galvan Elementary, hosted by Mr. Noyola, Mr. Garrett, Mr. Chesney, and herself. She asked for the status of the project on Cimarron Boulevard, saying large equipment was still present in the area. Mr. Escobar replied the project was still ongoing, and the equipment would be installed some time next week. Mr. Scott asked City Manager Noe to check into the city's problems with their e-mail. He reiterated that he would like staff to set up a neighborhood meeting in the Meadowbrook area related to the drainage improvements project. He thanked staff for their efforts in reenergizing the Graffiti Wipe -Out program. He thanked Mr. Mark McDaniel for his service to the community, and said he would be missed. Finally, he was very pleased with the additional funding for the Packery Channel project, and he thanked Senator Hutchison, Mr. Tom Utter, and the Corps of Engineers for their efforts. Mr. Noyola thanked Mr. McDaniel for his efforts. He asked Mr. Noe for a status report on information he had requested on the number of citations issued in school zones over the last two years. He also acknowledged the 80th birthday of Mr. Victor Lara Obregon. Mr. Kinnison thanked Mr. McDaniel for his service to the community, and he hoped the city could continue the good work he had started. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 2:30 p.m. on September 28, 2004. * * * * * * * * * * * * *