HomeMy WebLinkAboutMinutes City Council - 09/21/1999I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of September 21, 1999, which were approved
by the City Council on September 28, 1999.
WITNESSETH MY HAND AND SEAL, this 28th day of September, 1999.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 21, 1999
12:05 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex A. Kinnison
Council Members:
Javier D. Colmenero
Henry Garrett
Dr. Arnold Gonzales
Mark Scott
ABSENT
Melody Cooper
Betty Jean Longoria
John Longoria
City Staff:
City Manager David R. Garcia
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Assistant City Attorney Alison Gallaway
Recording Secretary Rachelle P. Ramon
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. Dr. David Evans, Parkway Presbyterian, following
which 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.
The Mayor then announced the two closed sessions, pursuant to Texas Government Code
Section 551.071, regarding the following: legal advice as to contracts related to the Columbus Ships;
and regarding Odilia Benavidez et al v. City of Corpus Christi et al, No. 97-3828-H, 347th District
Court, Nueces County, Texas.
The Council went into closed session. The Council returned from closed session.
* * * * * * * * * * * * *
Upon reconvening, Mayor Neal called for approval of the minutes of the regular Council
meeting and joint Council meeting of September 14, 1999. A motion was made and passed to
approve the minutes as presented.
The Mayor then called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 2-12. Council members requested that Items 2, 4, and
6 be withheld for discussion. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes and the following were passed:
Minutes
Regular Council Meeting
September 21, 1999
Page 2
3. M99-327
Motion approving a supply agreement for NCR, book and cover stock paper in accordance
with Bid Invitation No. BI -0011-00 with FasClampitt Paper Store, Corpus Christi, Texas for
the estimated total amount of $16,440.63, based on only bid. 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. The paper will be
used in the printing and reproduction services by the Print Shop Division of Materials
Management Department.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent.
5. M99-330
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $165,600 with Total Protection Systems for the City Hall Alarm System
Upgrade.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent.
7. RESOLUTION NO. 023769
Resolution authorizing condemnation proceedings by the City to condemn fee simple title
to 2,191 square feet out of Lot 7, Block 15, Edgewater Terrace Subdivision, from the owners,
John L. Johnson and wife Janet J. Johnson, from the lienholder, Frank Millar, to construct
street and utility improvements as part of the Spur 3, Phase 2 project and for other municipal
purposes.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales.
Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent.
8. ORDINANCE NO. 023770
Ordinance appropriating $957.60 from the Estate of Mildred Sessions in the No. 6010 Trust
Fund - Museum Donations; amending Ordinance No. 23702 which adopted the FY 99-00
Budget by adding $957.60 to the No. 6010 Trust Fund - Museum Donations; authorizing the
transfer of $957.60 to the Friends of the Corpus Christi Museum of Science and History for
the benefit of the Museum.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Minutes
Regular Council Meeting
September 21, 1999
Page 3
Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and
J. Longoria absent.
9. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a fifteen year lease with MDC, Inc.
(MDC), with three 5 -year options to renew, for 82,064 square feet fronting Pinson Drive on
the west side of the Airport, with the right to lease an additional 13,280 square feet, to
construct a transportation terminal, in consideration of MDC paying .12¢ per square foot of
improved areas and .050 per square foot of unimproved areas, adjusted every three years;
authorizing a sublease from MDC to Airborne Freight Corporation to operate a transportation
terminal.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria
absent.
10. ORDINANCE NO. 023771
Authorizing the City Manager or his designee to execute a five-year conduit use agreement
with KMC Telecom Inc. ("KMC") to install, operate and maintain KMC
Telecommunications facilities within city conduit located in Ocean Drive right-of-way
between Alameda Street and Sand Dollar Boulevard in consideration of the City's use of
inner ducts purchased and installed by KMC within said City conduit and KMC giving the
city the following equipment with approximate value of $90,000: one Siccor fusion splicer
and one OC-3OC/12 test set.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria
absent.
11. ORDINANCE NO. 023772
Amending the Corpus Christi Code of Ethics to enact a preamble to prohibit participation
in appointments of certain persons to certain entities, to provide for lobbyist registration, and
to modify the attorney fees provision; providing for severability; and providing for penalties
for violation of Section 2-316.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria
absent.
Minutes
Regular Council Meeting
September 21, 1999
Page 4
Mayor Neal opened discussion on Item 2, amending the crime control district budget.
Council Member Kinnison asked about the correction to begin the third series police
academy in January 2000 rather than August 2000. Ms. Mary Sullivan, Director of Finance,
explained that that date had been changed sometime sooner in the planning stages but it had not been
accounted for in the budget numbers. City Secretary Chapa polled the Council for their votes:
2. RESOLUTION NO. 023767
Resolution amending Resolution No. 023673, which adopted the FY99-00 Crime Control
District Budget, by adopting the substitute budget, as amended.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4, purchase of brush loaders and brush trucks.
Responding to Council Member Gonzales, City Manager Garcia said this equipment will add
one crew to the city's brush collection program, which was approved in the budget. He noted that
this is one component in the program to move to a six-week brush collection schedule. Another
aspect is the "Trash for Cash" program, which will be brought to the Council for formal adoption.
Dr. Gonzales also asked about having two shifts of employees picking up brush each day.
Mr. Garcia replied that the city's crews have been working overtime. Mr. Ogilvie Gericke, Director
of Street Services, added that working two shifts does not allow adequate time to schedule
maintenance on the equipment.
Council Member Colmenero asked when the new equipment will be delivered. Mr. Garcia
replied that it will be delivered in nine months. He noted that the personnel for the additional crew
were approved in the budget. Council Member Garrett asked if the entire community has been
serviced for brush collection since Hurricane Bret. Mr. Gericke said it has been and the crews are
back on their regular schedule. City Secretary Chapa polled the Council for their votes as follows:
4.a. M99-328
Motion approving the purchase of two rear steer brush loaders from Davis Truck &
Equipment, San Antonio. Texas for the total amount of $195,800, based on sole
manufacturer. The brush loaders will be used by Solid Waste Services Department and are
budgeted as a five-year lease/purchase.
Minutes
Regular Council Meeting
September 21, 1999
Page 5
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent.
4.b. M99-329
Motion approving the purchase of eleven brush trucks in accordance with Bid Invitation No.
BI -0005-00 from Power Equipment International Inc., Corpus Christi, Texas for $648,952.92
based on low bid. Nine of the brush trucks will be used by Solid Waste Services and two
will be used by Park and Recreation. The brush trucks are budgeted as five-year
lease/purchases.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent.
*************
Mayor Neal opened discussion on Item 6, public health contract.
Responding to Council Member Scott, Mr. Garcia said he would provide information on the
retirement contribution amount. He pointed out that both city and county employees work in the
Health Department and often an employee's salary is split between different funding sources. For
example, Dr. Nina Sisley's salary is split 50-50 between the city and the county, although she is
100% on the city's retirement system. City Secretary Chapa polled the Council for their votes:
6.a. M99-331
Motion authorizing the City Manager or his designee to execute attachment No. 05 to
contract No. 7460005741-2000 with the Texas Department of Health in the amount of
$308,059 and providing for the Bureau of Clinical and Nutrition Services to fund group
nutrition education, individual counseling, immunization services, and to distribute food
vouchers at no cost to individuals identified as having nutritional deficiencies and/or
nutritional risk during the period October 1, 1999 through March 31, 2000.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent.
6.b. ORDINANCE NO. 023768
Ordinance appropriating a grant from the Texas Department of Health, in the amount of
$308,059 in the No. 1050 Federal/State Grants fund to fund nutrition education, individual
counseling, immunization services, and to distribute food vouchers at no cost to individuals
identified as having nutritional deficiencies and/or nutritional risk.
Minutes
Regular Council Meeting
September 21, 1999
Page 6
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and
J. Longoria absent.
*************
Mayor Neal opened discussion on Item 12, vision obstructions. A member of the audience,
Mr. Phil Rosenstein, asked to speak, and the Mayor replied that he had already called for public
comment on the consent agenda. Another member of the audience, Mr. J.E. O'Brien, stated that Mr.
Rosenstein had signed up to speak. Mayor Neal said Mr. O'Brien was out of order and he had him
removed from the City Council Chambers. Responding to a comment made by Mr. O'Brien, the
Mayor said he had not yet called for petitions from the audience.
With regard to Item 12, Mayor Neal said he wanted to make sure the Council has a clear
understanding of who is responsible for mowing and keeping the sidewalks clean behind the property
line, such as on Holly Road, Greenwood Drive, and Saratoga Boulevard. Assistant City Attorney Jay
Reining replied that those provisions are included in separate property maintenance ordinances that
have not yet been brought to the Council.
Mayor Neal said that Mr. Rosenstein could make a comment only on Item 12 if he wished.
Mr. Rosenstein said the city should be cleaned up first and then conduct a public relations campaign
to inform citizens of the amended rules contained in Item 12. He used the example of an elderly
woman who had a large brush pile as a result of the recent storm, and he said some of the suggested
revisions are ridiculous. Mayor Neal said they do not intend to arbitrarily start fining people under
the amended provisions. He said they will have to have an educational process first.
City Secretary Chapa polled the Council for their votes as follows:
12. ORDINANCE NO. 023773
Amending the Code of Ordinances by repealing Section 49-80, Trees or Shrubs Obstructing
Passage, Vision, Etc., on Street or Sidewalk Prohibited, Section 49-81, Property Owner, Etc.,
to Trim Trees or Shrubs Overhanging Street or Sidewalk, Section 49-82, Procedure Upon
Non -Compliance, Section 53-8, Obstructing Street and Sidewalk Traffic, and Section 53-9,
Obstructing Street Intersections with Shrubs, Structures, Etc., adopting Sections 53-259
through 53-266 which pertain to vision and passage obstructions; providing for criminal
penalties under City Code Section 1-6.
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria
absent.
Minutes
Regular Council Meeting
September 21, 1999
Page 7
The Mayor read a proclamation declaring September 19-25, 1999 as "Y2K Readiness Week."
He then proceeded with the swearing in ceremony of Ms. Deeanne Svoboda Galvan as the new
Municipal Court Judge of Division C. Judge Manuel Banales, 105th District Court, administered the
oath of office for Ms. Galvan, who said she is proud and honored to have that position. She also
recognized her parents, her in-laws, her husband, and friends.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jose Marroquin, 2433 Allencrest, described a discrepancy he said he had on his utility
bill. He said staff told him it is the customer's duty to keep the water meter clean, but he said the
employees are paid to read the meters and not estimate them. Mr. Marroquin also questioned charges
on the utility bill for the Regional Transportation Authority (RTA) and the crime control district.
Mayor Neal and Mr. Garcia said those charges are related to the sales tax.
Mr. Mike Baker, 4641 Gayle Circle, said he had asked last week about bond monies for the
repair of Wesley Seale Dam, but staff did not discuss what would happen to any excess bond monies.
He said that handled properly, the dam project could go a long way to counteract the mistakes made
with the 1986 street bond projects, and he hopes the city will provide free access to the landfill. Mr.
Garcia said he would ask the Finance Director to address Mr. Baker's question with him.
Mr. Leon Perez, 904 Buford, said there are areas of high weeds around his house which have
not been dealt with. He said the city had not been run well since Marvin Townsend's administration.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
13. Case No. 899-1, Mary McLeod Bethune Day Nursery: A change of zoning from an "AB"
Professional Office District and "B-4" General Business District to "B-5" Primary Business
District on Blucher Subdivision, Lot N, located on the east side of Waco Street,
approximately 75 feet north of Kinney Street.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-5" Primary Business District. No one appeared in opposition to the zoning change. Council
Member Scott made a motion to close the public hearing, seconded by Council Member Colmenero,
and passed. Mr. Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023774
Amending the Zoning Ordinance upon application by Mary McLeod Bethune Day Nursery,
Minutes
Regular Council Meeting
September 21, 1999
Page 8
Inc., by changing the zoning map in reference to north 1.92 acres out of Lot N, Blucher
Subdivision from "AB" Professional Office District and "B-4" General Business District to
"B-5" Primary Business District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and
J. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
14. Case No. 899-2, 5102 Joint Venture: A change of zoning from an "R -1B" One -family
Dwelling District to a "B-1" Neighborhood Business District on Gardendale Subdivision,
Block 8, Lot 20 and southeast 'h of Lot 21, located on the north side of Holly Road,
approximately 450 feet east of Nelson Lane.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Council
Member Kirmison made a motion to close the public hearing, seconded by Council Member
Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023775
Amending the Zoning Ordinance upon application by 5102 Joint Venture, by changing the
zoning map in reference to Lot 20 and southeast 'h of Lot 21, Block 8, Gardendale
Subdivision from "R -IB" One -family Dwelling District to "B-1" Neighborhood Business
District; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and
J. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on Item 15, Airport Master Plan update.
Ms. Bonnie Aliin, Aviation Director, said they were presenting several studies that were
combined into one process that includes the master plan update, an intermodal study for cargo
development for the future, a drainage study, a heliport feasibility study, and a part 150 noise study.
Minutes
Regular Council Meeting
September 21, 1999
Page 9
She said the intent of that study is to advise the public of the airport's future plans and how noise
may affect the area outside the airport boundary.
Mr. Bud Chisam, of Leigh Fisher Associates, explained that the part 150 study was
conducted concurrently with the master plan update for the airport, which was recently finalized. He
said major recommendations of the master plan include: runway extension, new parallel runway,
terminal building expansion, midfield cargo facilities, intermodal facilities, and land acquisition.
Mr. Chisam listed several reasons for developing a noise compatibility program for the
airport, including to ensure that land uses surrounding the airport continue to be compatible with
aircraft noise; to obtain federal funding for noise compatibility measures; to provide "constructive
notice" of aircraft noise levels to protect the airport from noise litigation brought by new residents;
and to protect the airport from encroachment by development that would not be compatible with
aircraft noise. He said the noise exposure maps were developed using aviation demand forecasts,
master plan update recommendations, and runway use assumptions and flight tracks. Mr. Chisam
further discussed the noise exposure maps and the noise compatibility program, and he responded
to Council members' questions.
Council Member Colmenero asked about the status of the land acquisition. Ms. Allin replied
that once the studies are adopted by the Council, they will be forwarded to the Federal Aviation
Administration (FAA), which will also review them. Upon adoption by the FAA, the land will
become eligible for federal grant money through the airport improvement program. She noted that
for the next few years CCIA is using most of its grant money to construct the terminal project,
although a small amount will be used over the next year to purchase the most critical areas of land,
including the area needed to extend the existing runway to the southwest.
Responding to Mayor Neal, Mr. Michael Gunning, Director of Planning and Development,
said that once the airport master plan is adopted, staff will initiate amendments to the
Port/Airport/Violet Area Development Plan to rezone properties where appropriate. Mayor Neal
then called for comments from the audience.
Mr. Jimmie Till said his family has owned property adjoining the airport on Bockholt Road
on the west side where the new runway will be constructed. He expressed concern about the zoning
process. Mayor Neal said any zoning changes would include public hearings and be brought before
the Council for a final decision. City Attorney Bray explained that the Council could rezone the
property for appropriate uses given that the property is adjacent to an airport. Council Member
Gonzales commented on the importance of receiving input from the public.
Responding to a question from Dr. Gonzales, Ms. Allin said noise measurements were taken
in the field to determine the existing conditions and to make projections for future conditions, which
she explained.
Minutes
Regular Council Meeting
September 21, 1999
Page 10
Council Member Garrett made a motion to close the public hearing, seconded by Council
Member Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows:
15. FIRST READING ORDINANCE
Adopting the Corpus Christi International Airport Master Plan Update, draft part 150 Noise
Compatibility Study, Drainage Study, Heliport Feasibility Study, and Airport Intermodal
Terminal Development Study.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria
absent.
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation
recognized Mr. Gordon J. Linton, Administrator of the Federal Transportation Administration (FTA)
since 1993. Ms. Linda Watson, Director of the Corpus Christi Regional Transportation Authority,
explained that Mr. Linton is on a 12 -city tour across the country and he was visiting Corpus Christi
to celebrate the city's livable community initiatives that have been undertaken as a result of FTA
funds. Mayor Neal presented Mr. Linton with a special plaque and certificate of commendation. Mr.
Linton expressed his appreciation and extended greetings from President Clinton and Vice President
Gore to the people of Corpus Christi.
* * * * * * * * * * * * *
The second presentation pertained to the cable franchise. Mr. Gericke introduced Mr. Adrian
Herbst, the city's consultant, who along with staff developed a set of materials for use in preparing
the television franchise agreement.
Mr. Herbst noted that TCI Cablevision has requested a renewal of their franchise. He said
the renewal process is governed by the federal law known as the Cable Act, and cities have certain
rights through the process to consider the past performance of the cable company and to identify the
community's needs for the future, which is an important aspect of the franchise renewal. The Staff
Cable Renewal Committee has been gathering information from various sources, including citizens,
schools, governmental units, business leaders and others. In addition, the committee members are
becoming informed about the many changes occurring in the cable television industry, such as the
recent acquisition of TCI by AT&T.
Mr. Herbst said another element in the franchise renewal process is that ClearSource Inc. is
also seeking a cable franchise application. Mr. Herbst reviewed the application materials developed
by the cable committee and forwarded to both ClearSource and TCI. They included an application
Minutes
Regular Council Meeting
September 21, 1999
Page 11
and three attachments --an outline of cable -related priorities and preferences for the city; a master
cable television franchise ordinance; and a model franchise agreement. Mr. Herbst further explained
the priorities and preferences that were developed.
City Attorney Bray said staff is aiming to negotiate with ClearSource and come back on
October 12`h for first reading of an ordinance with the second reading scheduled for November 91h.
He said staff has also been approached by one of the local broadcasters concerning competition of
the cable company with respect to advertising with the local broadcasters, which the city cannot
regulate under the Cable Act.
* * * * * * * * * * * * *
The third presentation was made by representatives of America's Promise -Coastal Bend
Connection. Ms. Robin West, Co -Chair, explained that America's Promise is a national initiative
to bring resources to young people. The resources have been grouped into five categories to provide
the following: an ongoing relationship with a caring adult; safe places and structured activities; a
healthy start; marketable skills through effective education; and an opportunity to give back through
community service.
Ms. West noted that after America's Promise was formed on the national level 2V2 years ago,
several local agencies came together and have been working to provide those resources to the
community's young people. The following representatives briefed the Council on their activities: Ms.
Judy Hale, Coordinator for the Mentoring Program at the Nueces County Juvenile Justice Program;
Ms. Paige Dinn, Director of the Children's Advocacy Program at Driscoll Children's Hospital; Mr.
Guy Nicholson, Program Director of YMCA; Mr. Chuck Cazalas, Community Relations for CITGO
Refinery; Ms. Gilna Nance, Executive Director of the Volunteer Center of the Coastal Bend; Ms.
Vicky Valenta, United Way of the Coastal Bend; Mr. Larry Baker, Community Relations, Central
Power & Light Company; and Ms. Lynne Summers, Director of Development for Charlie's
Place/Casa de Familias.
Mayor Neal thanked those people involved in America's Promise, and he said this City
Council along with prior Councils have demonstrated a commitment to youth. He said they will
continue to support organizations such as America's Promise.
* * * * * * * * * * * * *
The fourth presentation was regarding the Museum of Science and History Discovery Hall
expansion project. Mr. Rick Stryker, Director of the Museum, said they have been working for some
time with Bright & Dykemas Architects planning the 2,600 -square foot Discovery Hall addition,
which was made possible by a $1 million donation from Mr. and Mrs. Ed Harte. He said the
Discovery Hall will house a 16'h century Mudejar ceiling from Castile, Spain.
Minutes
Regular Council Meeting
September 21, 1999
Page 12
Mr. Stryker explained that the Friends of the Museum acquired the ceiling and were asked
to raise additional money to complete the exhibits. He said the architects have been working with
museum staff to determine how best to house the ceiling. He said this month they expect to complete
the construction drawings and proceed with the bidding process. Both the boards of the Friends of
the Museum and the Museum Advisory Committee have been reviewing and approving the project
at critical points. Mr. Stryker then referred to renderings of the proposed addition, which he
explained.
* * * * * * * * * * * * *
The fifth presentation was made by Dr. Ron Waters of Freese & Nichols Inc. regarding the
Wesley Seale Dam stabilization project. Dr. Waters reviewed the construction of the dam and the
fact that in 1997 Freese & Nichols discovered sliding of the north and south spillways of the dam;
further investigation showed that stabilization was needed. Stabilization construction bids were
received on May 19, 1999 and a construction contract was awarded to ASI RCC Inc., the low bidder
at $16.4 million. Subsequently, the city gave the contractor notice to proceed on July 9, 1999. Dr.
Waters noted that ASI RCC is one of the premier contractors for constructing roller compacted
concrete.
Dr. Waters explained that part of the stabilization project involves adding weight (ballast)
to the hearth which will increase friction, while the hearth drains will reduce water uplift pressure
under the hearth. The sheet pile cutoff will reduce groundwater flow under the canal and will act as
a barrier to subsurface erosion. In addition, two new relief wells will relieve water blocked by the
sheet piles and six wells will reduce uplift on the low -flow canal. Dr. Waters also discussed the
outlet canal investigation and related construction activities, such as gate extensions, instrument
extension, remote instrumentation, check dam repair, and riprap repair.
Dr. Waters reviewed the construction progress thus far, which has included mobilization of
the contractor, coring and drilling the north spillway hearth drains, north spillway gate and crack
sealing, installing the drain screen, and cleaning the buttresses and the slab. He said the contractor
is still on schedule and their payments are being submitted monthly. He said they have no change
orders or claims as of yet, and they are monitoring the river and the ground water levels.
With regard to engineering activities, Dr. Waters said a resident representative provides
oversight, and the engineers visit the site two and three times a month. He said they are conducting
quality control testing on all materials and are having monthly meetings.
Responding to Council Member Garrett, Mr. Ed Garafia, Water Superintendent, briefly
discussed the dam that existed before the Wesley Seale Dam was built. Council Member Scott asked
what the target date is for completion of the project. Dr. Waters said they had 30 months from the
start of the project although the contractor believes he can complete it in about 24 months. He added
that normal movements of the dam have been detected which are related to temperature variations.
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Regular Council Meeting
September 21, 1999
Page 13
Mayor Neal called for a brief recess.
The sixth presentation was about the capital improvement bond program process. City
Manager Garcia said that for some time the Council has been talking about the city's infrastructure
needs, and he noted that the city has not had a major bond issue in several years. He said the steps
in determining the bond issue include establishing the city's financing capacity and realistic funding
options; identifying priority projects; determining how to best receive public input; and determining
the best time to hold a city-wide election.
Mr. Garcia said there are two funding options to consider. The first is a property tax increase
for which staff used very conservative assumptions: no growth in property values and that all the
bonds would be sold at once at a 6% interest rate. Given those assumptions, staff calculated that a
1 cent increase in property tax would raise approximately $700,000 annually and would provide a
capacity of about $8 million in infrastructure improvements; a 6 cent increase would raise about $4.3
million for $48 million in projects. Mr. Garcia said the second funding option is a sales tax increase.
A 1/8 cent increase would provide $3.6 million for $40 million worth of projects; 2/8 cent increase
would raise $7.1 million for $80 million in projects; and 3/8 cent would provide $10.7 million and
$120 million in projects.
The City Manager said that once the Council decides on a funding option, there are several
different ways to structure the bond issue itself. The first option (Option A) would take
approximately one to two months and it would involve the City Manager directing city departments
to prepare projects for consideration from the existing capital improvement program and the
recommended list. The City Manager and staff would then review the recommendations and
prioritize the projects based on the need and the funding source, which would then be presented to
the Council for their approval.
He said Option B would take about two to four months and it would involve the City Council
appointing a committee to assess the projects and make recommendations on which ones should be
included in a bond issue. The City Manager would then direct staff to submit proposed capital
improvement projects to the committee for its consideration, and the committee would prioritize the
projects and present a proposed bond issue to the Council with funding alternatives.
Mr. Garcia said Option C would be a neighborhood -based process which could take four to
six months to complete. The City Council, with staff assistance, would hold neighborhood meetings
in each district to receive public input. Staff would then compile that list of projects, identify the
costs associated with them, and bring back a prioritized list to the Council.
Whichever process is used, once the list of projects is determined, input would be collected
from city boards, commissions, and other civic groups; the City Manager and staff may include
additional recommendations; the Council would conduct public hearings; the City Attorney would
prepare an election schedule; and the Council would set the election date.
Minutes
Regular Council Meeting
September 21, 1999
Page 14
With regard to the election date, Mr. Garcia said that during the year 2000, a bond election
could be held on any date except the following: February 13`h through May 11'x, October 8th through
November 13`h, and November 15'h through December 7'h. A bond election would be permissable
on the general election date of November 14, 2000.
Mr. Garcia then reviewed the first draft of a project list. Street projects could include overlay
of arterials; reconstruction in older neighborhoods; facilities expansion at the Service Center;
Crosstown extension; major street lighting; traffic signals at 50 intersections; construction of curbs
and gutters; major sidewalk reconstruction and ADA compliance; and street widening. Public safety
projects could include police substations; fire and police training facilities; fire stations on Yorktown
Boulevard and Violet Road; remodeling of existing fire stations (for ADA compliance and co-ed
accommodations); and establishment of an emergency operations center.
Parks and recreation projects could include: recreation facilities for existing parks; Corpus
Christi Beach restoration; marina renovations and dredging; a new golf course; improvements to the
HEB Tennis Center; and construction of a central kitchen. Public health projects could include a new
animal control facility (kennel) and vector control facility, and renovations to the Health Department.
With regard to libraries, both the Northwest Library and the Central Library need improvements;
there is a need for a new southside library, as well as improvement of the book collection.
Other projects could include the construction and/or improvement of administrative facilities,
such as a one-stop customer service center; City Hall remodeling, renovation and landscaping; record
storage facility; ADA compliance; and a fleet maintenance facility. There has also been interest in
building an 8,000 to 10,000 -seat arena and major improvements to the seawall are needed.
Responding to Council Member Garrett, Mr. Garcia explained that the fleet maintenance facility
needs to be modernized and have its capacity increased.
In reply to Mayor Neal, City Attorney Bray said that in order to use a sales tax increase to
fund street improvements, the streets have to be in connection with other economic development
projects. He said some of the proposals will need to be discussed with the Attorney General's Office
before they are placed on the ballot. He added that there are some proposals that would clearly
qualify, such as an arena and park improvements. Mayor Neal said he was interested in funding the
proposals through a sales tax increase because some of the expense would be borne by people living
outside the community; in addition, a significant property tax increase would be needed to raise
enough funding for several infrastructure improvements.
Council Member Kinnison requested a written explanation of the types of projects that would
be eligible for funding through a sales tax increase. He also asked about the city's debt capacity. Mr.
Garcia agreed that the city has minimal capacity to issue current debt under the city's tax base until
about 2008. He said there are ways to structure a bond issue to take advantage of that but the farther
out it is extended, he added, the community's future needs are essentially mortgaged. The City
Manager noted, however, that if the Council puts together a $100 million bond issue, not all of the
Minutes
Regular Council Meeting
September 21, 1999
Page 15
debt would be sold at the same time; rather, it would be based on the construction needs of the
various projects. Mr. Kinnison said it is important to include a time table for the projects.
Mr. Kinnison also said he thought it would be advisable to involve some outside
organizations in the arena project, such as Texas A&M University -Corpus Christi. In addition, he
said they should review the cost for expanding the seating at Memorial Coliseum. Mr. Kinnison
requested an updated presentation on the seawall project, and he asked if voter approval is needed
to sell undeveloped parks. Mr. Bray said it is. Mr. Kinnison said they should also consider CDBG
funds for such projects as the central kitchen, and he said he would support the neighborhood input
process in developing the bond issue.
Responding to Council Member Colmenero, Mr. Garcia reviewed the options for developing
a list of projects and the requirements for receiving input from the Planning Commission and the
public in hearings. Mr. Colmenero requested information about the cost of holding a bond election
as well as the possibility of taking advantage of a joint election. He suggested they review the capital
improvement program.
Council Member Gonzales suggested the Council have a workshop to further discuss the
bond issue. He said the previous election for the Community Progress Partnership (which was not
approved by the voters) was not handled correctly, and he said the Council needs to receive input
from the public on the projects. He also suggested that the Planning Commission be used as a staging
area for community hearings with a follow-up hearing by the Council. Dr. Gonzales asked if the city
had tried to access federal funding to repair the seawall; Mr. Garcia said staff will look into it.
Council Member Scott said in considering the structure of a bond issue, he feels the process
should be slow, methodical, and involve citizen participation. He said the CPP campaign had a flaw
in the process --of the 20 people appointed to the committee, only two were disinterested parties (of
which he was one). Mr. Scott said the Vision 2000 process was successful in that it involved much
citizen input which was quantified into usable information. He emphasized the importance of basic
issues, such as letting the citizens vote on the projects individually. He also asked if such things as
the golf course or the marina could be privatized.
Mr. Garrett asked if Federal Emergency Management Agency monies could be used to repair
the seawall. Mr. Garcia replied that FEMA usually comes in after a disaster and helps repair
structures; one possibility might be the Corps of Engineers. Mr. Garrett said he agrees with Dr.
Gonzales about having a workshop and being clear with citizens about the needs in the community.
He added that they need to learn from previous elections and not repeat the mistakes that were made.
Dr. Gonzales asked if it is possible to have both a sales tax election and a property tax
election, and Mr. Bray said it is. Dr. Gonzales said one project they should consider is improving the
safety of the airport ditch. Mr. Kinnison said drainage improvements should be considered in the
bond issue. Mr. Garcia said staff did not include utility improvements because they can be paid for
Minutes
Regular Council Meeting
September 21, 1999
Page 16
out of utility rates. He said staff will provide a presentation in the near future about drainage
improvements. Dr. Gonzales asked if they could give voters a choice on the ballot about where to
locate an arena. Mr. Bray said the Election Code is structured so that voters have to vote yes or no
on a particular proposition.
Responding to Mayor Neal, Ms. Sullivan said with a property tax election, the voters would
approve the projects and the city would sell the bonds to finance the projects. The city would then
levy the tax rate needed each year to satisfy the debt service. Mr. Bray noted that customarily bond
issues are submitted with groupings of similar projects, such as streets, park improvements, public
safety, etc. Mayor Neal said when the Council members were running for office, they frequently
discussed and were told by citizens to fix the city's streets, parks, and the seawall. Following a brief
discussion, it was determined that the Council would schedule a workshop on the bond issue,
possibly on October 19th beginning at noon.
* * * * * * * * * * * * *
The seventh presentation was regarding the Alameda Street hospital zone. Mr. David Seiler,
Traffic Engineer, said criticism of the hospital zone has prompted he and Police Chief Alvarez to
reevaluate whether the current controls represent the most effective means of accomplishing the
original objective of improving traffic safety in that area.
Referring to a computer presentation, Mr. Seiler said that in March 1997 the Council
requested staff study the means to improve pedestrian crossing safety on Alameda Street between
Ropes Drive and Texan Trail, which includes Driscoll Children's Hospital, Pediatric Center, Doctors
Regional Hospital, and several clinics. In June 1997 the Council approved a speed limit reduction
between Texan Trail and Ropes Drive at 20 miles per hour from 7 a.m. to 6 p.m. on weekdays. He
noted that there is an existing school zone in that area for St. Patrick's School.
Mr. Seiler noted that prior to the installation of the hospital zone, travel speeds often
exceeded the posted 35 mph speed limit (up to 50 mph); in addition, there are no stops on Alameda
between Doddridge and Texan Trail (a distance of 4,500 feet). Mr. Seiler pointed out that Alameda
is a functional arterial through street which is 75 feet in width with five travel lanes and a wide
parking lane on the west side.
He also described the accident experience before and after the hospital zone was installed.
Before there were numerous driveway accidents and rear -end accidents, and reports of one or more
pedestrian -auto accidents. Afterward there have been no reports of pedestrian -auto accidents, and
reduced midblock traffic accidents. He said traffic volume on Alameda has been reduced and volume
on Staples Street has increased but not on Santa Fe Street. He noted that staff did not have side street
traffic counts before the hospital zone speed limits went into place. He said the side streets are
carrying traffic volumes within their capacity, but the neighbors are in tune to traffic on their streets.
Minutes
Regular Council Meeting
September 21, 1999
Page 17
Mr. Seiler said some criticisms of the hospital zone include that it is unreasonably lengthy,
of too long duration, there is no clear presence of pedestrian crossings, causes detour of traffic to
other streets, diminishes the value of Alameda as a through street, and it requires enforcement.
The Traffic Engineer then discussed possible options: make no change to the hospital zone;
reduce the length and duration of the speed limit reduction (Alternative A); eliminate the speed limit
reduction and install two expanded crosswalks with pedestrian -activated flashers (Alternative B);
eliminate the speed limit reduction and install two new traffic signals (Alternative C). He said the
Transportation Advisory Committee discussed this issue and received comments from both
proponents and opponents; in a 3-2 vote they decided to recommend Alternative C. He said he and
Chief Alvarez recommend Alternative A, which would slightly reduce the length of the zone and the
hours of operation.
Responding to Council Member Garrett, Mr. Garcia and Mr. Seiler reviewed the reason for
installing the hospital zone in the first place. Mr. Garrett said he would support Alternative A while
keeping in mind that accidents have been reduced and the area has been made safer.
Council Member Colmenero asked about the Transportation Advisory Committee's
recommendation of Alternative C, which Mr. Seiler explained. Mr. Colmenero reiterated Mr. Seiler's
estimate that the hospital zone increases travel time by about 40 seconds. Council Member Gonzales
said he did not think they should change the existing hospital zone, which he explained.
Council Member Scott said he disagreed, saying he has never seen anyone attempting to cross
Alameda Street. He said he could see some justification for installing something to help people get
from the bus stop to the Pediatric Center. He said the citizens in the area are upset about the hospital
zone and do not see a justification for it. He added that there was not a need for a 20 mph speed zone
before 8 a.m. and after 5 p.m.
Dr. Gonzales made a motion to give direction to the City Manager to leave the hospital zone
as it currently exists; seconded by Mr. Garrett. Mr. Garcia said any changes would require an
amendment to the ordinance. Mr. Colmenero made a motion to amend Dr. Gonzales' motion to
accept Alternative A. City Secretary Chapa polled the Council on the motion to amend, and it passed
as follows: Neal, Colmenero, Garrett, and Scott voting "Aye"; Gonzales voting "No"; Cooper,
Kinnison, B. Longoria, and J. Longoria absent.
Mr. Chapa then polled the Council on the motion as amended, and it passed as follows: Neal,
Colmenero, Garrett, Gonzales, and Scott voting "Aye"; Cooper, Kinnison, B. Longoria, and J.
Longoria absent. Mr. Garcia said staff will bring back an ordinance which makes those changes as
directed by the Council at the next meeting, at which time public input will also be received.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
September 21, 1999
Page 18
The eighth presentation was made by City Attorney Bray regarding the legislative framework
for annexation. Mr. Bray explained that the 1999 Texas Legislature made the most comprehensive
revision of annexation law since the early 1960s. He said the basic statutory scheme the Legislature
adopted includes a planning process and procedures that will be much more onerous and complicated
for cities to follow. The basic thrust is that for most annexations, a city will have to have an
annexation plan and areas included within the plan for the future cannot be annexed until three years
after they are initially included in the plan.
Mr. Bray then went on to explain the transition period that the Legislature established for
annexations from now until December 31, 2002. He said annexations which are not included in any
plan can occur, but the Legislature added restrictions to them; however, those restrictions are not
nearly as onerous as they will be after 2002. Mr. Bray said the law is very complicated because it was
the result of many negotiations and aspects of it are not entirely clear at this point.
Mr. Bray then discussed an extensive memo he prepared and distributed to the Council
regarding specific aspects of both the transition period annexation requirements and annexations
after 2002, which fall into two categories: those which must be included in an annexation plan, and
those exempted from the annexation plan requirement.
Responding to Mayor Neal, Mr. Bray said the city needs to adopt an annexation plan and
determine which properties it plans to annex starting in 2003. In determining that, the Council will
need to make assumptions about what it plans to do in the next two years. He added that putting
properties in the annexation plan begins a whole procedural framework, including notifying the
residents, inventorying the current services, scheduling public hearings, establishing service plans,
and other elements. Mr. Tom Utter, Assistant City Manager for Development Services, further
explained the two types of properties --exempt and non-exempt properties.
Council Member Gonzales asked what the procedure would be if the city wanted to annex
a specific area of land on Mustang Island. Mr. Bray said that any annexations prior to 2003 would
essentially involve developing a service plan, preparing hearing notices, holding a public hearing,
and passing an ordinance annexing the area. Mr. Utter added that in any year, the city has usually
annexed as close as possible to December 31st, and the following January the property would come
on the tax rolls.
Council Member Scott noted that a change in the law is that the city has to provide services
immediately upon annexation, and he asked if that includes water and wastewater services. Mr. Bray
replied that under the new law, water and wastewater services would be provided on the same basis
as all other properties in the city --within the city limits the developer pays for the extension of the
water and wastewater lines. For existing homes, the city would have to maintain whatever system
they have in place with the exception of the island, where the water district would continue to
provide the water and wastewater services.
Minutes
Regular Council Meeting
September 21, 1999
Page 19
Mayor Neal asked staff what they would recommend. Mr. Utter replied that he would
recommend they look at possible areas for annexation. For example, there are areas in the Wood
River Subdivision in which the developer signed up with the city to annex about 15% per year. There
is also an area off IH -37 that was put into a tourist -industrial district in preparation for the outlet mall
that was not developed. He said staff could bring information back to the Council next week about
possible annexations the Council might want to pursue.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said that in response to Council
concerns expressed last week, Mr. Juan Ortiz, Emergency Manager, convened a meeting of
representatives of several school districts, the Red Cross, the RTA, and city staff to discuss the issue
of shelters. Mr. Garcia said there were no definitive conclusions to the meeting other than a
commitment from everyone to explore further development along two specific tracks.
Mr. Garcia said there was a general consensus that an evacuation order would not be issued
lightly. The best way to ensure citizens' safety is for them to physically leave the area in danger if
they are capable of doing so. He said they also recognized that there were some people who did not
physically or materially have the means to evacuate. Consequently, the RTA agreed to explore the
possibility of evacuating people using RTA vehicles. They also received commitments from several
school districts to make their buses available for a similar plan. Mr. Garcia said the Red Cross
reiterated their policy of their inability to ensure anyone's safety in shelters in advance of a storm.
They said if the city is intent on using shelters, it should try to ensure the structural stability of any
building, although their experience was that even the most structurally sound buildings had failed
during major storms. In addition, the city would need to make provisions to staff the shelters and
make them self-contained for up to 72 hours.
The City Manager said they agreed to further discuss with the school districts the use of some
of their middle and high schools (because of the availability of showers) and funding options, which
will be a major expense item which staff will bring back to the Council. Mr. Garcia said they would
not call the facilities shelters but refuges of last resort.
Council Members Gonzales and Colmenero discussed the importance of planning to establish
shelters. Mr. Colmenero suggested ways in which the hurricane preparedness exercise can be
modified. Council Member Scott asked what other communities have done, which Mr. Ortiz
explained. Mr. Scott also asked about the issue of closing the southbound lane of IH -37. Mr. Garcia
replied that they have had an initial discussion with the Texas Department of Transportation and the
Department of Public Safety, as well as the San Antonio City Manager and Assistant City Manager.
He said Mr. Ortiz is coordinating a follow-up meeting to begin the process of developing a detailed
plan for reversing the lanes on IH -37. He said he believes they have the physical capability to reverse
the lanes but they need to work out the logistics and assign specific responsibilities once the decision
is made to do that.
Minutes
Regular Council Meeting
September 21, 1999
Page 20
Council Member Garrett said the city should be able, with the help of the Salvation Army
and other entities, to establish a few shelters for the people who cannot leave the city. He said they
should have a plan in place and continually work on it. Mr. Garcia noted that a group of people,
including Mr. Ortiz, will be traveling to some of the areas hardest hit by the recent hurricane on the
east coast to survey the damage there.
The City Manager said that next week staff will present an update on the MPO's actions on
city transportation projects; updates on a request for proposals on the new golf course and progress
on the city's goals and objectives will be given during the October 19th Council meeting. He said
the major item next week will be the presentation of the solid waste ordinances.
Mr. Colmenero asked staff to review the high weeds ordinance. Mr. Bray replied that staff
is preparing an ordinance to address the concerns raised by Mr. Colmenero.
Dr. Gonzales asked about concerns at the westside landfill. Mr. Garcia said there have been
some former employees who are somewhat disgruntled and they have made a number of groundless
allegations; he said staff will provide a report to the Council.
There being no further business to come before the Council, Mayor Neal declared the Council
meeting adjourned at 7:20 p.m. on September 21, 1999.
* * * * * * * * * * * * *