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HomeMy WebLinkAboutMinutes City Council - 12/14/1999I 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 December 14, 1999, which were approved by the City Council on December 21, 1999. WITNESSETH MY HAND AND SEAL, this 21st day of December, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 14, 1999 9:05 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero* Council Members: Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison John Longoria Betty Jean Longoria Mark Scott* City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Minister Luis Torres Jr., Iglesia De Cristo, following which the Pledge of Allegiance to the United States flag was led by Council Member John Longoria. 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 November 30, 1999. A motion was made and passed to approve the minutes as presented. *Council Member Scott arrived at 9:07 a.m. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Airport Board Nelda Martinez Planning Commission W. David Cheek Sister City Committee Drue Combs * * Oil & Gas Advisory Committee Charles West (Reappointed) Don Kersting (Reappointed) * * * * * * * * * * * Minutes Regular Council Meeting December 14, 1999 Page 2 Mayor Neal called for consideration of the consent agenda (Items 3-16). Council members requested that Item 15 be withheld for discussion. There were no comments from the audience. *Council Member Colmenero arrived at 9:10 a.m. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M99-416 Motion approving a supply agreement with Trident Steel Corporation, Houston, Texas for approximately 55,800 feet of steel pipe ranging in size from 1" to 8" diameter in accordance with Bid Invitation No. BI -0030-00, based on the total low bid of $167,710. The pipe is used by the Gas Department in new and replacement installations throughout the gas distribution system. The term of the agreement will be 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 99-00. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M99-417 Motion authorizing the City Manager or his designee to execute a construction contract with C.D. Electric of Corpus Christi, Texas in the amount of $180,100 for the O.N. Stevens Water Treatment Plant On -Going Pump Maintenance Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M99-418 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $54,490 with Rabalais Electrical Constructors of Corpus Christi, Texas for the Padre Island Water Pumping Plant Control and Monitoring System Installation. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M99-419 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $26,093 with Rabalais Electrical Constructors of Corpus Christi, Texas for the Water Distribution System: Remote Water Quality Monitoring Retrofit Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Minutes Regular Council Meeting December 14, 1999 Page 3 Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye." 7. M99-420 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $58,642 with Prime Technology Solutions, LLC, of Lafayette, Louisiana, for the Allison Wastewater Treatment Plant: Rehabilitation and Other Modifications Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. M99-421 Motion authorizing the City Manager or his designee to execute Amendment No.1 to the contract for professional services with Bath Engineering Corporation, in the amount of $370,942 for Stage 2 engineering services for the Wastewater Microwave Communication System. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. M99-422 Motion authorizing the City Manager or his designee to execute Stage 1 of an engineering services contract in the amount of $143,000 with Smith, Russo & Mercer for the O.N. Stevens Plant Additional Pump for High Service Pump Building No. 2 and the O.N. Stevens Plant Wash Water System projects. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 10. M99-423 Motion authorizing the acquisition of Parcel No. 4 located at 13014 Hearn Road between Brooklane Drive and Perry Lane for $105,000 in connection with the O.N. Stevens Water Treatment Plant Expansion project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kitmison, B. Longoria, and J. Longoria voting "Aye"; Scott abstaining. 11. M99-424 Motion authorizing the acquisition by condemnation of Parcel No. 29, located on Ennis Minutes Regular Council Meeting December 14, 1999 Page 4 Joslin Road between Del Oso Road and Carson Street, for the Special Commissioner's award of $28,673 in connection with the Spur 3, Phase 2 Improvements project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12. M99-425 Motion accepting the donation of 72.423 acres of land by N.O. Simmons & Associates, Inc. and authorizing the City Manager or his designee to execute Acceptance of the Gift Deed and Assignment of Reservation of Claims. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 13. M99-426 Motion authorizing the City Manager to execute an agreement with the Corpus Christi Downtown Management District in the amount of $90,000 for assistance in downtown development and redevelopment activities. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.a. M99-427 Motion adopting the timetable for the FY2000 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 14.b. M99-428 Motion reaffirming Community Development Block Grant (CDBG) Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 by Ordinance No. 021901. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes Regular Council Meeting December 14, 1999 Page 5 16. ORDINANCE NO. 023865 Authorizing the City Manager or his designee to execute a fifty-nine year lease with Corpus Assets, L.P., to construct an aerial enclosed pedestrian bridge or skywalk across the Antelope Street right-of-way between the American Bank Building and the former Petroleum Tower Building in consideration of the payment of $7,440 in rent for the first four year term, with the rent for subsequent five year terms being adjusted based upon the consumer price index. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, the city's investment policy. Responding to Council Member Kinnison, Ms. Mary Sullivan, Director of Finance, said the reports are being revised to tie to what they are providing the Investment Council on a quarterly basis. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 023864 Resolution amending the City Investment Policy to allow contracts with investment management firms to provide for the investment and management of public funds upon City Council approval and adopting the City Investment Policy as amended. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the following executive sessions, pursuant to Texas Government Code, Section 551.074: for the purpose of evaluating the City Secretary with possible discussion and action related thereto in open session; and for the purpose of evaluating the City Manager with possible discussion and action related thereto in open session. The Mayor also announced a third executive session, pursuant to Texas Government Code Section 551.071, regarding the application of Corpus Christi Power & Light Company for a certificate of Convenience and Necessity in Nueces and San Patricio Counties, Texas, Docket No. 19950, SOAH Docket No. 473-98-1916, Public Utility Commission of Texas, with possible discussion and action related thereto in open session. The Council went into closed session. The Council returned from closed session. Minutes Regular Council Meeting December 14, 1999 Page 6 Upon reconvening the Council meeting, Mayor Neal distributed the "Winter Holiday Fantasy" recycled art contest awards to several local schools. He then referred to the presentation on the day's agenda. Ms. Diana Garza, Assistant to the Mayor, announced plans for "A Feast of Sharing," the H -E -B 11th annual holiday dinner on December 24, 1999 at the Bayfront Plaza Convention Center. Ms. Debbie Lindsey -Opel, representing H -E -B, noted that many people are involved in planning this event, some of whom were present at the meeting. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Saul Rascon, 914 Nandina Dr., said he lives at the intersection of Mimosa and Nandina, which is a low-lying area and floods easily. He asked if that area can be elevated. Mayor Neal asked Mr. Rascon to meet with Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, to discuss his concerns. Mr. Mike Baker, 4641 Gayle Circle, said he agrees with the recently adopted "Cash for Trash" policy at the landfill. He questioned whether someone would have to pay a fee at the landfill to dispose of his trash. Mr. Andy Leal, Director of Solid Waste Services, said most of the materials that will be accepted in the "Cash for Trash" program can be taken to the landfill at this time without being charged a fee, such as couches, mattresses, patio furniture, etc. Mr. Baker also asked about charging for construction material. Mr. Leal said the "Cash for Trash" program does not address construction material; consequently, a fee is charged to dispose of those materials. The Mayor said they can ask staff to give the Council recommendations on Mr. Baker's suggestions. Mr. Phil Rosenstein discussed problems with the city's infrastructure, including flood -prone areas and needed repairs to the seawall. He also discussed police protection, saying those were a few reasons why he is opposed to any annexations. Mayor Neal replied that delivery of basic services is a high priority for this Council and he pointed out that the Police Department is the largest single budget item --the city spends more money for police protection than it collects in ad valorem taxes every year. He added that the city has a Crime Control and Prevention District. Mr. J.E. O'Brien, 4130 Pompano. questioned when the Comprehensive Annual Financial Report for the city will be published. * * * * * * * * * * * * * Mayor Neal opened discussion on Items 17.a. through 17.f., annexation proposals. It was determined that the six annexation areas would be considered one at a time. With regard to Area A, Mr. Tom Utter, Assistant City Manager for Development Services, referred to a map and explained that Area A consists of five tracts totaling 66 acres in the Wood River area. He said they are part of the 15% per year annexation of that area. There were no Council Minutes Regular Council Meeting December 14, 1999 Page 7 questions or public comments on Area A. City Secretary Chapa polled the Council for their votes: 17.a. FIRST READING ORDINANCE Annexing five tracts of land adjacent to the city limits in the vicinity of the Wood River Subdivision; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." With regard to Area B, Mr. Utter said that at the direction of the Council during a previous meeting, two tracts were taken out of the annexation proposal: Tract 3 (River Hills Country Club), and the eastern portion of Tract 4 (containing six single-family residences). Mayor Neal called for public comment. Mr. Gary Martin, 4358 Spring Creek, said he owns 221/2 acres directly north of the River Hills Country Club and the water from the club drains across his property. He said he did not think it would be advantageous for the city to annex his property since it would be very expensive to provide services to it. Mr. Utter replied that Mr. Martin's property is bounded on the north by the city limits and is considered a "leave -out" and would be appropriately annexed. There were no Council comments. Mr. Chapa polled the Council for their votes as follows: 17.b. FIRST READING ORDINANCE Annexing four tracts of land adjacent to the city limits in the vicinity of the Wood River Subdivision and Hazel Bazemore Park; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mr. Utter then discussed Area C, which is located next to the San Carlos Addition. He noted that this area had previously been de -annexed because it was going to be used under a tourist - industrial district as an R.V. park. However, those plans were not completed and staff feels it is appropriate to annex this area since it is completely surrounded by property inside the city limits. Minutes Regular Council Meeting December 14, 1999 Page 8 There were no comments from the public or the Council. Mr. Chapa polled the Council for their votes as follows: 17.c. FIRST READING ORDINANCE Annexing one tract of land adjacent to the city limits, located between I.H. 37 and the Nueces River; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date; and providing an effective date. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison abstaining. Mr. Utter said Area D consists of 1,238 acres on Mustang Island west of State Hwy. 361. He said the city has annexed everything around it and it is an appropriate time to annex this area as well. There were no Council or public comments. Mr. Chapa polled the Council for their votes as follows: 17.d. FIRST READING ORDINANCE Annexing two tracts of land adjacent to the city limits, located on Mustang and North Padre Islands, north of Park Road 22 and north and west of State Highway 361, in the vicinity of Packery Channel; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Council Member Kinnison asked if the Council could consider Area F prior to considering Area E. He contended that Area F is the annexation tract that provides all the revenue whereas Area E consists of about $400,000 in expenditures that the city would be assuming. Therefore, he said he would like to know how the Council will act on Area F before they consider Area E. There was no objection from the Council to consider Area F first. Mayor Neal announced an executive session, pursuant to Texas Government Code Section 551.071, to receive legal advice from the City Attorney regarding agenda Item 17.f., annexation of Tract F on Mustang Island. Minutes Regular Council Meeting December 14, 1999 Page 9 The Council went into closed session. The Council returned from closed session. Mr. Utter then described Area F, referring on a map to the City of Corpus Christi's extraterritorial jurisdiction (ETJ) and its city limits. He said Area F is surrounded by the City of Corpus Christi --on two sides by land and two sides by water. He said Area F is part of a continuing annexation process that has occurred there over several years. Mr. Utter explained that in the late 1980s the Island Moorings and Piper Channel area was ceded by the City of Corpus Christi to the City of Port Aransas. However, in 1990 the City of Corpus Christi, under a cession agreement, ceded about three miles to Port Aransas. He said in that cession agreement, the City of Port Aransas made the following statement: "The City of Port Aransas represents that the area annexed and made a part of its extraterritorial jurisdiction pursuant to this cession agreement encompasses the total area it will require for its orderly development and growth on Mustang and Padre Islands. The City of Port Aransas herein affirms that this cession agreement, when completed, insofar as they now know or believe, shall be the final cession agreement from the City of Corpus Christi." Mr. Utter said Area F is divided into five tracts, which he described. He said there are nine condominiums on Mustang Island at this time and the area generates a significant amount of hotel/motel tax, which is used by the county to clean the beaches. During the last legislative session, a bill was passed which allows the City of Corpus Christi, if it annexes, to use that money for beach cleaning also. He said if that area comes into the city, there will be an additional two cents on the hotel tax, which would generate about $200,000 a year, which would go toward the expansion and renovation of the Bayfront Plaza Convention Center. The Assistant City Manager said staff is recommending that if the area is annexed, an additional police beat should be created, resulting in two police beats on the island. They also recommend installing an aerial truck at Fire Station 15 with two additional firefighters, and the city would take over street maintenance of any county roads (the state would continue to maintain its streets). He said staff feels the water district there should continue to provide water and sewer service and they have begun to discuss whether there can be an equalization of water rates. With regard to telephone service, Mr. Utter said that if Southwestern Bell agrees, the local phone service company said they would be agreeable to allow the residents in the 4.2 -mile area to vote whether or not they want to have local Corpus Christi phone service. In addition, he said, the city would take over the beach cleaning there. Responding to Council Member Colmenero, Mr. Utter discussed the location of Fire Station 15 and the additional police beat, which would result in two police cars on the island 24 hours a day. At other times, such as during spring break, there are many other police cars there. He also further discussed the phone service and beach cleaning costs. Mayor Neal then called for public comment on Area F. Minutes Regular Council Meeting December 14, 1999 Page 10 Mayor Glenn Martin, of the City of Port Aransas, said the Council members who approved the cession agreement referred to by Mr. Utter did not believe it would be the last cession agreement to come before the city, which is why the agreement included the phrase, "insofar as they now know or believe." He said Port Aransas' offer of $8 million for the land in question still stands, and they intend to share in the revenues from that area for the next 10-20 years. He said Corpus Christi needs to consider the large number of people who use the beach there for several months during the year, and he said one police car is not enough for 4.5 miles of beach. He urged the Council to not annex Area F, saying that Port Aransas needs and deserves to annex it. Mr. J.E. O'Brien said the Executive Board of the Taxpayers Association has voted unanimously against annexing Area F, and the city's Planning Commission voted to recommend not annexing the entire area. He asked if new police personnel would have to be hired for the new beat on the island, or would the city reduce police services in other areas. Mr. O'Brien said Port Aransas' proposal was not even discussed by this Council, and he believes a majority of citizens are opposed to this annexation. Ms. Carol Eckles, 718 Crestview, said she wished to reiterate the opposition that has been raised regarding the annexation of Area F, adding that Corpus Christi needs to focus on the areas already within the city limits. Mr. Carl Badalich said he lives on Mustang Island in the proposed annexation area. He said he wants his property to be annexed, saying that people built homes there knowing it is in Corpus Christi's ETJ. Mr. Richard Riley, a resident of Mustang Island, said this proposal is indicative of Corpus Christi's greed and the residents there hope the Council will not annex Mustang Island at this time. Ms. Sarah Graham said she has spoken many times against the annexation of Area F because it is not an appropriate annexation. She also urged the Council to listen to the public. Mr. Mike Baker said the media should be informed as to the reasons why this annexation is good for the city and the service plan the city will provide. He questioned where the funds will be drawn from to provide financing and whether any current city needs will be curtailed due to annexation expenses. He said the Council should proceed with caution and be aware of the perception involved. Mr. Phil Rosenstein said he is against annexation of any area because the city needs to take care of its own area first. He said there will be a bond election for capital projects because the city does not have the money for those projects. Mr. Leon Perez said he is not opposed to annexation but the city should not proceed now because it does not have the money and cannot provide the services at this time. Minutes Regular Council Meeting December 14, 1999 Page 11 Mr. Charles Adams, 6110 Boca Raton Dr., said he had sent letters to the Council and the local newspaper about this issue, and he asked the Council to vote their consciences. Mr. Chapa polled the Council for their votes on Item 17.f., which would annex all six tracts of land in Area F. The ordinance failed to pass by the following vote: Gonzales and B. Longoria voting "Aye"; Neal, Colmenero, Cooper, Garrett, Kinnison, J. Longoria, and Scott voting "No." Mayor Neal made the following motion: that Tracts 1 and 2 of Area F be scheduled for annexation no later than December 31, 1999; that Tracts 3A, 3B, 4, and 5 be scheduled for incremental annexation no later than December 31, 2002; that staff be directed to work with the residents of Tracts 3A, 3B, 4, and 5 to identify services necessary to be included in the service plan for those areas and the accurate cost thereof; that staff be directed to take all steps necessary to insure that all statutory requirements and time requirements are complied with; and that the City Council is kept fully informed of their activities. The motion was seconded by Council Member Cooper. Council Member Gonzales said the Mayor's motion does not commit a future Council to that action. Mayor Neal replied that his motion is to establish policy and intent and to begin the annexation process in an orderly fashion until such time as the city is fully ready to deliver services to the rest of the island, but no later than December 31, 2002. Dr. Gonzales said he did not know how they can establish policy when they cannot commit other Councils to guarantee that the vote will be taken. Council Member Betty Jean Longoria said the annexation process will have to be followed again. City Manager Garcia said the Mayor's motion was directing staff to initiate the process prior to December 31, 2002. Council Member Scott said this gives the city more time to work with the residents on the annexation. Mrs. Longoria said the issue is that people do not want to be annexed; since there will be a different sitting Council at that time, they may not want to face the politics behind an annexation and it may not occur after all. Mayor Neal said it is possible that prior to the middle or end of the next session of the Legislature, this Council may be dealing with the annexation. He said they need to begin an orderly process of establishing the services that are necessary. Mrs. Longoria said she will support the Mayor's motion because the other proposal failed and the area needs to be annexed. Dr. Gonzales said he was concerned that in 2001 the Legislature will make it much more difficult for Corpus Christi to annex Mustang Island. Council Member John Longoria pointed out that the city does not negotiate with citizens in providing services --all areas should receive the same basic services. Mr. Colmenero said the city needs to take care of services and then proceed from there. Mr. Chapa polled the Council for their votes on the following motion: Minutes Regular Council Meeting December 14, 1999 Page 12 17.f.1. M99-429 Motion providing that Tracts 1 and 2 of Area F be scheduled for annexation no later than December 31, 1999; that Tracts 3A, 3B, 4, and 5 be scheduled for incremental annexation no later than December 31, 2002; that staff be directed to work with the residents of Tracts 3A, 3B, 4, and 5 to identify services necessary to be included in the service plan for those areas and the accurate cost thereof; that staff be directed to take all steps necessary to insure that all statutory requirements and time requirements are complied with; and that the City Council is kept fully informed of their activities. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett, Gonzales, and Kinnison voting "No." Mr. Chapa said the Council had been provided with an alternate ordinance to annex Tracts 1 and 2. He said they can amend the current ordinance to include those elements and pass it on first reading or come back next week with an emergency ordinance. The Mayor said they should amend it and take a second vote next week. Mr. Chapa said the Mayor's motion amended Item 17.f. and their next vote was on Item 17.f. as amended. Mr. Chapa polled the Council for their votes: 17.f. FIRST READING ORDINANCE Annexing two tracts of land adjacent to the city limits on Mustang Island, located between Mustang Island State Park and the City of Port Aransas; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Colmenero, Cooper, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett, Gonzales, and Kinnison voting "No." NOTE: After the meeting, the Legal Department determined that Item 17.f. had failed and could not be amended. Therefore, Item 17.f. as amended will return at the meeting of December 21, 1999 as an emergency ordinance. With regard to Area E, Mr. Chapa said Council Member Garrett had filed a disclosure affidavit and he would abstain from discussing or voting on agenda Item 17.e. Mr. Utter explained that Area E consists of land on Mustang and North Padre Islands, east of State Highway 361 and Park Road 22, in the vicinity of Packery Channel and Lake Padre subdivision. He noted that the Council had directed that Tract 4 (south of Padre Bali Park) be eliminated from the annexation proposal for Area E. Minutes Regular Council Meeting December 14, 1999 Page 13 Mr. Kinnison said Mr. Utter had responded in a memo to concerns Mr Kinnison had about the cost of providing services to Area E. Mr. Utter said if the city reduced the beach area to be annexed in Area E by 2,010 linear feet, it would reduce the beach cleaning costs. He added that since the hotel tax from the condominiums in Area F would continue to go to the county, the county would be able to continue to pay for the beach cleaning costs. Mr Kinnison said he agreed with this compromise. Mayor Neal called for public comment on Area E, and there was none. Mr. Kinnison made a motion to amend Item 17.e. to exclude 2,010 linear feet of beach frontage between the county property and J.P. Luby Surf Park; seconded by Mr. Scott. Mr. Chapa polled the Council for their votes, and the motion to amend passed as follows: Neal, Colmenero, Cooper, Kinnison, and Scott voting "Aye"; Gonzales, B. Longoria, and J. Longoria voting "No"; Garrett abstaining. Mr. Chapa polled the Council for their votes on Item 17.e. as follows: 17.e. FIRST READING ORDINANCE Annexing three tracts of land adjacent to the city limits, located on Mustang and North Padre Islands, east of State Highway 361 and Park Road 22, in the vicinity of Packery Channel and Lake Padre subdivision; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi; and providing an effective date The foregoing ordinance passed on first reading, as amended, by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett abstaining. * * * * * * * * * * * ** Mayor Neal referred to Item 18, Shoreline Boulevard artwork. Council Member Colmenero made a motion to discuss Item 18, seconded by Council Member Scott, and passed. The Mayor then called for public comment. Ms. Sue Reese, past president of the Southwest Sculpture Society and a member of the Arts and Cultural Commission, spoke in favor of the work by Mr. Jesus Bautista Moroles. Mr. Chuck Anastos, Chairman of the Arts and Cultural Commission, said one of Mr. Moroles' pieces is currently located in City Hall. He discussed the importance of public art and the process involved in selecting the recommended sculpture by Mr. Robert Perless. Mr. Anastos said monies have been set aside for a monumental piece of art for about the last 10 years. He said the Bayfront Art Selection Panel had the task of selecting the best work based on aesthetic merit and suitability to environmental and climatic conditions. Minutes Regular Council Meeting December 14, 1999 Page 14 Mr. Owen Hopkins, 201 Indiana, a local geologist, spoke in favor of the Perless piece, adding that it will encourage people to think. Mr. George Balli, a member of the Arts and Cultural Commission, said that while he supports the Perless piece, he does not think the ACC was as inclusive in the decision-making process as it could have been. Ms. Susan Hutchinson, 802 N. Carancahua, said she supports "Orion's Belt" and she commented positively on the process the ACC followed. Mr. Charles Kaffey, 2717 Ocean Dr., said he hopes the Council will affirm the ACC's recommendation. Ms. Elizabeth Reese said that while "Orion's Belt" was not her first choice, she understood the concerns that the selection panel had to consider in selecting a piece, including the material used and the emotions evoked by the Perless piece. Mr. Dennis Kemmerer, 1001 Meadowbrook, commented on how Mr. Perless' artwork can initiate dialogue between people about its meaning. Responding to Council Member Garrett, Mr. Dan Whitworth, Assistant Director of Programs for the Park and Recreation Department, said there should be minimal maintenance for the Perless piece, which will be paid for by the ACC from the annual appropriation. Council Member John Longoria said he thought the Council should develop a policy on the use of the medians along the bayfront. Mr. Whitworth said the original configuration was changed when the Council decided not to adopt the Gateway Project. Mr. Anastos said that even before the Gateway Project was envisioned, it was determined that this piece of art should be located at the entrance to the city because of the expense and the quality of artist involved. He added that the Perless piece can be moved and it would not be detrimental to any future development in that area. Council Member Gonzales commended the selection panel for their work but he said he personally did not prefer the Perless piece. Responding to Dr. Gonzales, Mr. Garcia said that during their October 19 meeting, the Council voted against negotiating a contract with Mr. Perless and asked the ACC to provide an exhibit of the six candidates who were under consideration for the project. Council Member Cooper said many people who contacted her said they liked the Moroles sculpture more, which she feels is a more appropriate piece for that location. Council Member Betty Jean Longoria said that she also likes Mr. Moroles' work but she supports the recommendation for Mr. Perless' artwork because the committee went through a process to select it. Mr. Colmenero said his technical questions about "Orion's Belt" had been satisfactorily answered during their last discussion, and he supports the project. Minutes Regular Council Meeting December 14, 1999 Page 15 Ms. Cooper made a motion to amend Item 18 to substitute Mr. Moroles' sculpture for Mr. Perless' sculpture; seconded by Dr. Gonzales. Mr. Chapa polled the Council, and the motion failed to pass by the following vote: Cooper and Gonzales voting "Aye"; Neal, Colmenero, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "No." Mr. Chapa polled the Council for their votes on Item 18 as follows: 18. M99-430 Motion authorizing the City Manager or his designee to negotiate a contract in the amount of $200,000 with Mr. Robert Perless for the complete installation of artwork titled Orion's Belt on the Shoreline Drive median south of the intersection of IH37 and Shoreline Boulevard. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper voting "No." * * * * * * * * * * * * * Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, Mary Rhodes pipeline project. Mr. Massey noted that on December 3, 1999 the Nueces River Authority (NRA) declared the pipeline substantially complete, based on a determination from the Port of Corpus Christi Authority (the project manager) and HDR Engineering (the project engineer). Mr. Frank Brogan, Director of Engineering for the Port of Corpus Christi, gave a presentation on the history of the pipeline and its current status. He noted that the project was a collective effort by four different public agencies working together to solve the needs of the Coastal Bend communities. Mr. Brogan said the pipeline project consists of 101 total miles and it includes three pump stations and nine stream crossings. The pipe, which is 64 inches in diameter, is reinforced concrete steel cylinder pipe. Mr. Brogan reviewed the issues that were resolved during the "shakedown" period: the pump vibration problem was eliminated; the Refugio tunnel crossing under U.S. 77 was replaced; the Woodsboro bend fitting was repaired; the pump alignment problem at the booster stations was corrected; the Lavaca-Navidad River Authority (LNRA) control system was tested and "debugged"; and all component tests were completed. He also said that the city has taken over operational control of the pipeline. He noted that Minutes Regular Council Meeting December 14, 1999 Page 16 three city employees are working full-time on the project and they are communicating delivery requests directly to LNRA and working with them on improvements to the control system. The city employees will also handle final corrosion system survey and installation and they are working with landowners on day-to-day issues that are encountered. Mr. Brogan reviewed figures illustrating the past operation and utilization schedule, and he compared a typical public works schedule totaling 69 months with this project's fast -tracked schedule of 36 months (including the shakedown period). With regard to total estimated costs of the project, Mr. Brogan explained that $135 million in bond sales was authorized and about $7.8 million have not been sold. He said there is about $1.6 million in remaining funds and about $740,000 will be needed to go through the final stages of the project; resulting in an estimated total savings of $8.7 million. He also discussed the various guarantee periods of the project. On behalf of the city, Mayor Neal thanked Mr. Brogan, the Port, the NRA, the LNRA, and city staff for demonstrating how entities can work together on a project. Responding to Council Member Gonzales, City Attorney Bray said this item involves accepting the pipeline itself and all of the contractual rights that accompany it under the eight contracts that were needed to construct the pipeline from the edge of the property at Lake Texana to the city's water treatment plant. Council Member Colmenero commended Mr. Brogan and those involved for their efforts. In reply to Council Member Scott, Mr. Bray said the present goal is to take 100% of the water under the contract. He said the Water Department staff is working on a request for proposals to develop the most efficient operating plan for the pipeline and the lake. City Manager Garcia added that he expects the city will be able to use the pipeline close to 100% of the time but periodic maintenance will be required. Mayor Neal then called for comments from the audience. Mr. Byron Wooldridge, 6705 Deerwood, said he did not see any evidence that the pipeline was able to deliver the amount of water it was supposed to during the high-flow months. He added that in the letters declaring the project substantially complete, neither Mr. Brogan nor the other engineer had their engineering stamps on the letters, which he said is a violation of the Engineering Practices Act. Mr. Brogan replied that they have tested the system in excess of the 4,100 acre-feet rate and have not encountered any problems. He added that the letter designates his status as a professional engineer, but there are no design issues that require his engineering stamp. Mr. J.E. O'Brien said he still believes the Council made a very bad decision regarding the pipeline. He said he was told that the first year of water through the pipeline amounted to over $1,200 per acre-foot, and he said he hopes that figure is greatly reduced in the future. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 023866 Resolution authorizing the City Manager of the City of Corpus Christi to execute the City's Minutes Regular Council Meeting December 14, 1999 Page 17 acceptance and agreement of the deed and assignment of the Lake Texana Pipeline Project from the Nueces River Authority. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on expanding the boundaries of the enterprise zone and designating Gulf Coast Entertainment as a qualified project. City Secretary Chapa said Council Members Gonzales and Scott had filed disclosure affidavits and they would be abstaining from discussing or voting on Items 20 and 21. Mr. Utter noted that the City Council originally established the enterprise zone in November 1989 and the first project was the Corpus Christi Greyhound Racetrack. The zone's boundaries have been modified on several occasions to include various businesses, such as Sitel, APAC, and First Data. In addition, a new enterprise zone application was filed and renewed in 1997. He said Gulf Coast Entertainment, which is planning to build a water park adjacent to North Padre Island Drive, has requested to be part of the enterprise zone. If approved, that would expand the zone's boundaries by 173.5 acres and generate 122 full-time equivalent employees (FTEs). Mayor Neal called for comments from the audience, and there were none. Mr. Chapa polled the Council for their votes as follows: 20.a. ORDINANCE NO. 023867 Ordinance expanding and renewing the boundaries of the Corpus Christi Enterprise Zone and authorizing the filing of an Enterprise Zone application with the Texas Department of Economic Development; further nominating the expanded Enterprise Zone as a reinvestment zone. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Gonzales and Scott abstaining. 20.b. RESOLUTION NO. 023868 Resolution nominating and designating Gulf Coast Entertainment, LLC, as a qualified business and enterprise project pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Minutes Regular Council Meeting December 14, 1999 Page 18 Kinnison, B. Longoria, and J. Longoria voting "Aye"; Gonzales and Scott abstaining. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. ************* Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing regarding tax abatement guidelines and Gulf Coast Entertainment (GCE). Mr. Utter explained that in 1995 the City Council adopted a new set of tax abatement guidelines, one of which pertains to regional visitor amusement facilities, which the Gulf Coast Entertainment project would qualify under. He said for a project that provides not less than 100 and not more than 199 FTEs, there would be 100% tax abatement during the construction period and 75% abatement for the next five years on the new construction. Mayor Neal pointed out that the abatement would not be on the value of the land or those taxes, nor is it an abatement on inventory, supplies, tools, furnishings, vehicles, etc. Council Member Kinnison said many cities are revising their tax abatement standards, which he said they should consider in the future. With regard to this project, Mr. Kinnison said he did not understand how the conference center portion of the project falls under the heading of "regional visitor amusement facility." Mr. Utter replied that they felt the conference center would only be viable as part of the water theme park itself. He said hotels are also planned to be constructed, but they are not eligible under the guidelines. Responding to another question from Mr. Kinnison, Ms. Darlene Gregory, managing member of Gulf Coast Entertainment, said they plan to keep the water park open a longer period of time than other parks (dependent on the weather). Mr. Kinnison pointed out that the guidelines state that the abatement is based on the number of employees as of January 1 each year, not on the fact that the employment fluctuates throughout the year. He said the guidelines should take that into consideration. Mr. Utter and City Attorney Bray agreed that the language could be more clear for this type of business, which they have not encountered previously. Council Member Colmenero asked for a description of the park's plans. Ms. Gregory referred to a diagram of the proposed park, and she noted that they will be changing the topography of that area dramatically with many trees and two five -acre lakes. The water park will include pools and water -related activities as well as "dry rides" such as carousels. During the winter months, they plan to have special events. Mayor Neal called for comments from the audience. Mr. R.F. Hasker, 1813 Wallace, said the Council is anxious to grant tax abatements while the citizens have higher utility bills and fees. He added that the people in Port Aransas do not need the city's help by taking more land there. In reply to Council Member Garrett, Mr. Utter said the city has granted three or four abatements in the last five years. Minutes Regular Council Meeting December 14, 1999 Page 19 Mr. Neal Trolinger, 221 Riverdale, said that over the past few years not very much of the hotel/motel tax dollars have been spent on marketing efforts to potential visitors. He said he was interested that this project budgets a certain amount to advertising efforts. Mr. Manuel Ugues, President of the Hispanic Chamber of Commerce, said many of their members met with the developers of this project and are encouraged by their desire to utilize local businesses and create additional jobs. Mr. Paul McKimmy, 15629 Three Fathoms Bank Dr., said he works with Texas A&M University's career services. He said the developers have indicated an interest in working with the university with several programs and he feels they have a very positive and progressive attitude. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Garrett, and passed. There was a brief discussion regarding the question raised by Mr. Kinnison about employment requirements. Mrs. Longoria made a motion to direct staff to insert the language "average annual employment" in the contract with Gulf Coast Entertainment; seconded by Mr. Colmenero and passed (Gonzales and Scott abstaining). City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 023869 Resolution ratifying the guidelines and criteria for authorizing temporary tax abatement and authorizing the execution of an agreement with Gulf Coast Entertainment, LLC, providing for temporary property tax abatement. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Gonzales and Scott abstaining. * * * * * * * * * * * * * Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the public hearing regarding amendments to the Barrier Island Business District zoning classification. Mr. Michael Gunning, Director of Planning and Development, explained that in May 1999 the Council directed staff to work with the Padre Island Planning Task Force in formulating revisions to the "B -2A" Barrier Island Business District. He said that over the last five years there have been a number of zoning cases in which the Council has approved special permits for uses that extend beyond what the `B -2A" district allows, such as outside storage and other uses. He then described the proposed amendments, which pertain to use regulation additions; height and area requirement additions; an access restriction provision; and landscape and screening requirements. Mayor Neal called for comments from the audience. Mr. Richard Pittman, President of the Padre Isles Property Owners Association, said their Minutes Regular Council Meeting December 14, 1999 Page 20 task force worked with staff on developing the proposed amendments and he urged the Council to approve them. Mr. Mike Boudloche, 4650 Oso Parkway, said he is president of Sonrisa Partners Inc., which owns property in the `B -2A" zoning district. He said they are strongly in favor of the proposed amendments. He said they understand the requirement for a masonry fence on property facing any street, but they question the requirement of a masonry screening fence on an interior lot line. Following a brief discussion, Mr. Gunning said city staff can meet with the parties on that issue. Mr. Scott said it is significant that the property owners on the island worked with city staff on reaching an agreement. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Amending the Zoning Ordinance by revising Article 13, B -2A Barrier Island Business District and Section 27B -7.01.C. relating to uses allowed in the district and street yard requirements. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the public hearing on proposed street right-of-way (ROW) closures. There was no opposition to the proposals. Council Member Gonzales made a motion to close the public hearing, seconded by Council Member Scott, and passed. City Secretary Chapa polled the Council for their votes: 23.a. ORDINANCE NO. 023870 Ordinance closing and abandoning 51,879 -square feet of Oso Street unimproved street right- of-way (ROW) between the Belden Street ROW and the northwest side of the Railroad ROW, subject to the owner, William R Durrill complying with the specified conditions and the owner, William R. Durrill replatting the property within 180 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 23.b. ORDINANCE NO. 023871 Ordinance closing and abandoning a 24,728 -square foot portion of Palo Alto Street Minutes Regular Council Meeting December 14, 1999 Page 21 unimproved street right-of-way (ROW) between the Oso Street ROW and the North Tancahua Street ROW, subject to the owner, William R. Durrill complying with the specified conditions and the owner, William R. Durrill replatting the property within 180 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 23.c. ORDINANCE NO. 023872 Ordinance closing and abandoning a 7,954 -square foot portion of Fitzgerald Street unimproved street right-of-way (ROW) between the North Tancahua Street ROW and the northwest side of the Railroad ROW, subject to the owner, William R. Durrill complying with the specified conditions and the owner, William R. Durrill replatting the property within 180 days at his expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mr. Chapa noted that Mr. Scott had filed a disclosure affidavit for Item 10 on the consent agenda for which he intended to abstain; however, the votes on the consent agenda were called collectively and the abstention was not announced. Dr. Gonzales made a motion to accept Mr. Scott's abstention vote on Item 10, seconded by Mr. Colmenero, and passed (Scott abstaining). * * * * * * * * * * * * * Mayor Neal announced an executive session, pursuant to Texas Government Code Section 551.071, regarding the application of Corpus Christi Power & Light Company for a certificate of Convenience and Necessity in Nueces and San Patricio Counties, Texas, Docket No. 19950, SOAH Docket No. 473-98-1916, Public Utility Commission of Texas, with possible discussion and action related thereto in open session. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said that the December 21st Council meeting will be the last one for the year and it will begin at noon. The meeting will include several items, such as presentations on the airport terminal design, Crosstown Expressway, disparity study, interim board for the Convention and Visitors Bureau (CVB), marina recommendations, second reading on the annexation ordinances, and other items. Mayor Neal said staff should provide Minutes Regular Council Meeting December 14, 1999 Page 22 another briefing on the city's Y2K preparedness and they also need to schedule closed sessions to complete the evaluations on the City Manager and City Secretary. He then called for Council concerns and reports. Mr. Longoria asked about the wastewater winter averaging announcement, and Mr. Garcia said it was distributed through customers' utility bills. Mr. Longoria also referred to a memo regarding expanding the scope of street sweeping services. Mr. Garcia explained that staff has been discussing increasing the city's street sweeping program for some time and during the November 30th Council meeting, Mr. Garrett asked staff to look into the possibility of establishing street sweeping programs similar to those the city had in the past. Mr. Garcia said staff will present the Council with all of the options that are available. Mr. Longoria said that the Stormwater Department receives its funding from the Water Department, and the time to consider increasing expenses in a department is during the budget process. Following a discussion on the issue, Mr. Garrett made a motion to direct staff to present options to the Council for enhancing the city's street sweeping program; seconded by Mr. Colmenero. Mr. Garcia said staff will provide a presentation to the Council on the options available for street sweeping along with associated costs. There was consensus of the Council to do that and no vote was taken on the motion. Mr. Kinnison asked if the CVB would be providing a report and Mr. Garcia said they would be. Mr. Kinnison also asked about the KPMG cost allocation review. Deputy City Manager Noe said KPMG's response to the city's request for that review was for a multi -month, five -figure proposal. It was concluded that since the bulk of the work will be performed by city staff and KPMG will run the models, the cost will be minimal. Dr Gonzales asked about a shrimp boat that was recently sunk in the city marina. Mr. Garcia replied that a criminal investigation is ongoing and foul play is suspected. He said they have increased security patrols in the marina Dr Gonzales also asked about the GMI pilot project, which Mr. Garcia explained. Mr. Scott asked about the status of the city's loan with the State Infrastructure Bank. Mr. Angel Escobar, Director of Engineering Services, said they have confirmation that they are supporting the city's request. Mrs. Longoria reported on a recent meeting with the CVB interim board, and there was a brief discussion about the membership of that board. Mr. Colmenero requested a report on the hotel/motel tax as it pertains to the seawall. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:45 p.m. on December 14, 1999. * * * * * * * * * * * * *