HomeMy WebLinkAboutMinutes City Council - 03/20/2001I 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 March 20, 2001, which were approved by
the City Council on March 27, 2001.
WITNESSETH MY HAND AND SEAL, this 27th day of March, 2001.
Armando Chapa
City Secretary
SEAL
INDEXED
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 20, 2001
2:07 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Betty Jean Longoria
Council Members:
Javier D. Colmenero*
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
John Longoria
Mark Scott
ABSENT
Melody Cooper
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 Pastor Alston Kirk, Trinity Lutheran Church, following
which the Pledge of Allegiance to the United States flag was led by Council Member Betty Jean
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 March 13, 2001. A motion was made and passed
to approve the minutes as presented. Mr. Chapa stated that due to a family emergency, Mr.
Colmenero would be arriving late to the meeting. Mr. Chapa also said that Item 15 (Frost Bank
lease) and Item 17 (executive session) had been withdrawn by staff.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jack Gordy, 310 Norton St., said that in November 2000 the city sent the Regional
Transportation Authority a letter stating that signs on bus benches affected by the Highway
Beautification Act were illegal. Mr. Gordy questioned when those violations will be dealt with.
Mr. Trian Serbu, 14310 Playa del Rey, said that 12 years ago there was a successful petition
drive to rescind an ordinance creating Packery Channel, and in 1999 another plan involving Packery
Channel was defeated by the voters. He said Packery Channel and the development of that area of
Padre Island are two separate issues. Mr. Serbu added that the project is an enhancement to one
private developer at the public's expense. He urged the Council to not eliminate the public beach,
adding that they can help the developer build his project if they wished.
Minutes - Regular Council Meeting
March 20, 2001
Page 2
Mr. J.E. O'Brien, 4130 Pompano, corrected a figure he had estimated during his comments
last week. He said the unrestricted fund balance of the Combined Utilities Fund is approximately $52
million and he reiterated his request that the Council consider a refund or reduction in the utility
rates. Mr. O'Brien also questioned staff's information which stated that San Antonio has a higher
cost of gas than Corpus Christi. He added that Senate Bill 274 prohibits hospital districts in Harris
and Bexar counties from participating in tax increment finance zones, and he questioned why Corpus
Christi's bond sale was conducted yesterday instead of today after the drop in interest rates. He also
requested a copy of the official statement on the bond sale.
Mr. R.F. Hasker, 1813 Wallace, referred to different points of view in the San Antonio
Express-Newsand the Corpus Christi Caller -Times regarding the Packery Channel project. He said
the local newspaper cited a poll in which 49% of those surveyed said they supported Packery
Channel, which he criticized. Mr. Hasker added that if dredged, the channel will fill in again.
Council Member Gonzales said the Caller -Times poll was scientifically conducted.
Mr. Phil Rosenstein praised the opening of the new senior center connected to the Garden
Center on Greely Street. He said activities are available to seniors 50 years and older and the meal
programs are intended for those 60 and older. He said it is possible that Corpus Christi has the most
senior centers among Texas cities.
*************
Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item
2) was made by Mr. Billy Parks, District Engineer for the Texas Department of Transportation
(TXDOT) Corpus Christi District Office, regarding regional transportation plans. Referring to a map
of significant corridors through the Corpus Christi District, Mr. Parks first discussed the hurricane
evacuation routes of Highways 188, 181 and 123, which are completely separate from the evacuation
route on IH -37. Also, he said the San Patricio County Judge is working to have a parallel route
designated as part of the strategic military highway system.
Mr. Parks also discussed the Texas trunk system, which is comprised in the Corpus Christi
area of U.S. 59 and State Hwy. 44. He said a delegation will be making a presentation to the Texas
Transportation Commission next week earmarking those routes, with special emphasis on relief
routes around Alice and Robstown. He said the goal is to provide a non-stop through route from the
Port of Laredo to the Port of Corpus Christi. Mr. Parks also discussed the 1-69 corridors, which
consist in this area of U.S. Hwys. 59, 281 and 77. He noted that at this time there are no funds for
any interstate construction.
Regarding local projects, Mr. Parks said that TXDOT will be letting a contract in May for
the Crosstown -Padre Island interchange and in the fall they will be letting the JFK/Park Road 22
project. He then responded to Council members' questions. City Manager Garcia noted that Mr.
Parks is planning to retire this summer and the Council thanked Mr. Parks for his cooperation and
diligence in improving transportation projects in this area.
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Minutes - Regular Council Meeting
March 20, 2001
Page 3
The second presentation (Item 3) was regarding the city's FY00-01 second quarter financial
performance report and five-year financial forecast. Mr. Mark McDaniel, the city's new Director of
Management and Budget, used a computer presentation to discuss several financial issues. He said
FY00-01 revenues and expenditures remain at projected levels: $198.6 million in revenues for all
funds and $159.8 in expenditures. In the General Fund, the year-to-date revenues are $73 million or
57% of the total budgeted revenue of $128.3 million, and expenditures are $56.5 million or 45% of
the total budget of $126 million.
Mr. McDaniel then discussed the following specific major revenues in the General Fund: ad
valorem property taxes, $25 4 million (which represents a decrease from the budgeted amount);
industrial district, $5.3 million (an increase); sales tax, $15.9 million (a decrease); CPL franchise fee,
$4.7 million (an increase); telecommunication fee, $1.08 million (a decrease); cable television
franchise, $565,715 (an increase); Solid Waste Services, $9.4 million (a decrease); and Municipal
Court fees, $1.8 million (an increase). Mr. McDaniel said the revenues in the enterprise funds were
as follows: water, $32.1 million (same as budgeted); gas, $17 million (an increase); and wastewater,
$15.3 million (an increase).
*Council Member Colmenero arrived at 3:10 p.m.
Mr. McDaniel explained the percentage of expenditures that have been made in the following
funds: General Fund, 45%; enterprise funds, 42%; internal service funds, 44%; and special revenue
funds, 41%. He said there were no significant variances in those funds through the second quarter.
Mr. McDaniel and Mr. Garcia also responded to Council members' questions.
Mr. Noe then discussed the city's five-year financial forecast. He said the FY00-01 re -
estimate highlights include reduced sales tax revenues, lower solid waste landfill fees, and higher
electric franchise revenues due to higher natural gas prices. He said the revenue assumptions used
for the forecast were: 2.55% annual increase in the property tax; 3% annual growth in the sales tax
on a lower base; Senate Bill 7 becoming effective in January 2002, which will affect Central Power
and Light franchise fees; landfill revenues will continue to be reduced due to tonnage losses; and an
average 2% growth in other revenues.
Mr. Noe said the expenditure assumptions were: no salary increase; 10% annual increase in
group health insurance; 5% annual increase in power, light and heat; 4% annual increase in fuel and
lubricants; and 2.5% annual increase in all other expenditures. Mr. Garcia explained that the five-
year forecast represents what it will cost the city to maintain its current level of service; i.e., no
program improvements or new initiatives. However, the Council will have some flexibility in the
future to make expenditure decisions, including regarding salary increases. He added that a large
portion of employees are covered by collective bargaining agreements, which will involve
negotiations with the unions. He said that for planning purposes, no salary increases are budgeted.
Mr. Noe also reviewed the financial and reserve policies that the Council approved last year:
a target of 5% of total expenditures to be reached within five years; designation of unanticipated,
one-time revenues and budget surpluses to meet that goal; and annual planning and conservative
Minutes - Regular Council Meeting
March 20, 2001
Page 4
budget practices. Using the assumptions previously discussed, he said staff is projecting that the
General Fund closing fund balance will increase about $800,000 each year as follows: FY00-01, $6.8
million; FY01-02, $7.4 million; FY02-03, $8.2 million; FY03-04, $9.4 million; FY04-05, $11.3
million; and FY05-06, $14 million.
Mr. Noe said while the city's financial situation has improved over last year's, there are still
areas of concern and the Council has to set its priorities. Mayor Neal said that once the Council
receives the revenue and expenditure figures at the end of the third quarter, they will be better
prepared to make decisions about the FY01-02 budget. Mr. Noe responded to Council questions. Mr.
Garcia introduced Mr. Jeffrey Kaplin, new Director of Solid Waste Services, who briefly addressed
the Council.
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda and opened discussion on Item 13, bond sale. Mr.
Jorge Cruz-Aedo, Director of Financial Services, said that many of the city's bond decisions are
based on the timing of capital project financing and cash flow requirements. He added that the city's
bond sale yesterday was probably affected more by a Houston school district's bond sale than by any
other market conditions.
Mr. Cruz-Aedo then described specific aspects of Corpus Christi's two series of bonds. The
first (Series 2001) consists of $30.8 million of "new" money for the bond projects approved by the
voters last November and $8.35 million of refunding par for a total of $39.15 million. He said that
action will save the city $254,277 over the remaining life of the bonds. Series 2001A are general
improvement refunding bonds with a par amount of $11.34 million for a savings of $788,085. Mr.
Cruz-Aedo said these refundings take advantage of the current lower interest rates and do not extend
the life of the bonds. He also discussed the bond's ratings. Mayor Neal called for public comments.
Mr. Abel Alonzo said he wished Mr. O'Brien was still present at the:meeting. He said in
addition to the city saving so much money, it also improved its credit rating. City Secretary Chapa
polled the Council for their votes as follows:
13.a. ORDINANCE NO. 024398
Ordinance providing for the issuance of General Improvement and Refunding Bonds, Series
2001, of the City of Corpus Christi, Texas, in the aggregate principal amount of $39,150,000
and bearing interest at the rates hereinafter set forth, and providing for the levy, assessment
and collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund
for the redemption thereof at maturity; repealing all ordinances in conflict herewith; and
providing that this ordinance shall be in force and effect from and after the date of its
passage.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
A
Minutes - Regular Council Meeting
March 20, 2001
Page 5
13.b. ORDINANCE NO. 024399
Ordinance providing for the issuance of General Improvement Refunding Bonds, Series
2001A (December 2001 delivery) of the City of Corpus Christi, Texas, in the aggregate
principal amount of $11,340,000 and bearing interest at the rates hereinafter set forth, and
providing for the levy, assessment and collection of a tax sufficient to pay the interest on said
bonds and to create a sinking fund for the redemption thereof at maturity; repealing all
ordinances in conflict herewith; and providing that this ordinance shall be in force and effect
from and after the date of its passage.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
*************
Mayor Neal called for consideration of the consent agenda (Items 4-11). Council members
requested that Item 7 be discussed. City Secretary Chapa stated that Item 9 needed to be amended.
There were no comments from the audience. Mr. Chapa then polled the Council for their votes:
4. M2001-107
Motion approving a supply agreement with Perfection Corporation, Madison, Ohio, for
approximately 1,050 Anodeless Service Risers, in accordance with Bid Invitation No. BI -
0085 -01 based on low bid for an estimated annual expenditure of $15,169.50. The term of
the contract will be for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by the Gas Department in FY00-01.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
5. M2001-108
Motion approving a supply agreement with the following companies for the following
amounts for approximately 143,000 feet of polyethylene pipe and 5,080 fittings in
accordance with Bid Invitation No. BI -0086-01 based on low bid for an estimated annual
expenditure of $134,301.43. The terms of the contracts will be for twelve months with an
option to extend for up to two additional twelve-month periods subject to the approval of the
suppliers and the City Manager or his designee. Funds have been budgeted by the Gas
Department in FY00-01.
Gajeske, Inc. Cummins Utilities Supply Grand Total:
San Antonio, TX Forth Worth, TX $134,301.43
Group 1 & 2 Group 3
$116,435.83 $17,865.60
Minutes - Regular Council Meeting
March 20, 2001
Page 6
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
6. M2001-109
Motion authorizing the City Manager or his designee to execute a construction contract with
Insituform Technologies Inc. for a total fee not to exceed $273,460 for the Oso Water
Reclamation Plant Yard Piping Replacement.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
8. RESOLUTION NO. 024393
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $625,000 to the U.S. Department of Justice, Office of Community Oriented
Policing Services for funding available under the COPS MORE 2001 program with the city
providing the required 25% match of $156,250 available through the Law Enforcement Trust
Fund.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
10. ORDINANCE NO. 024395
Ordinance authorizing and allowing under the act governing the Texas Municipal Retirement
System, "Updated Service Credits" in said system on an annual basis for service performed
by qualifying members of such system who at the effective date of the allowance are in the
employment of the City of Corpus Christi; providing for increased prior and current service
annuities for retirees and beneficiaries of deceased retirees of the City; establishing an
effective date for the ordinance.
The foregoing ordinance passed on second reading as follows: Neal, Colmenero, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
11. ORDINANCE NO. 024396
Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII,
Water Conservation, Chapter 55, Utilities, to establish automatic water conservation
measure, to codify the rules governing drought contingencies and establishing permanent
water conservation measures, and to direct an operations plan for the reservoir system;
amending the Water Conservation and Drought Contingency Plan by deleting the references
to specific reservoir levels in Section 2.1 of the Drought Contingency Plan; amending the
Water Conservation and Drought Contingency Plan by repealing Section 2.2 of the Drought
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Minutes - Regular Council Meeting
March 20, 2001
Page 7
Contingency Plan; revising and clarifying certain other provisions of Article XII of Chapter
55; providing for penalties; providing for severance.
The foregoing ordinance passed on second reading as follows: Neal, Colmenero, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
* ************
Mayor Neal opened discussion on Item 7, police services for the Housing Authority.
Responding to Council Member Garrett, Ms. Pat Eldridge of the Police Department stated that they
work with the Housing Authority to set the police officers' hours and there are certain performance
measures that have to be met for the grant. City Secretary Chapa polled the Council for their votes:
7. M2001-110
Motion authorizing the City Manager or his designee to execute an addendum to the contract
with the Housing Authority of the City of Corpus Christi (Authority) to extend the
supplemental police services provided by the Corpus Christi Police Department until all
available grant funds of $125,176 have been expended.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
* ************
Mayor Neal opened discussion on Item 9, technology grant. City Secretary Chapa stated that
the resolution needed to be amended to change the grant amount from $180,000 to $145,213. Mr.
Scott made a motion to amend the resolution as stated, seconded by Mr. Longoria, and passed
(Cooper absent). Mr. Chapa polled the Council for their votes on Item 9 as follows:
9. RESOLUTION NO. 024394
Resolution authorizing the City Manager or his designee to apply for a $145,213 Technology
Opportunity Program grant from the U.S. Department of Commerce to install web -based
kiosks in public places which will provide individuals with access to city and other public
services and information.
The foregoing resolution passed, as amended, as follows: Neal, Colmenero, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Minutes - Regular Council Meeting
March 20, 2001
Page 8
12. Case No. 0101-03. A.J. and M.C. Ramos Partners. Limited: A change of zoning from an "R -
1B" One -family Dwelling District to a "B-4" General Business District on 3.707 acres out
of Lot 5, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the
southeast corner of Ennis Joslin Road and the McArdle Road extension.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-4" General Business District on the north 1.272 acres and denial of the "B-4" District on the
south 2.435 acres, and in lieu thereof, approval of a "B-1" Neighborhood Business District. No one
appeared in opposition to the zoning change. Dr. Gonzales made a motion to close the public
hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes:
ORDINANCE NO. 024397
Amending the Zoning Ordinance upon application by A.J. and M.C. Ramos Partners,
Limited by changing the zoning map in reference to 3.707 acres out of Lot 5, Section 28,
Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District
to "B-1" Neighborhood Business District on Tract A and "B-4" General Business District on
Tract B; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 14, expressway interchange lighting. Mr. Angel
Escobar, Director of Engineering Services, stated that this project was approved by the voters last
November and it consists of the city's 50% share of the cost for the lighting at the SPID/Crosstown
interchange. There were no comments from the audience. Responding to Mr. Kinnison, Mr. Escobar
said this project uses all the approved funds. City Secretary Chapa polled the Council for their votes:
14. M2001-111
Motion authorizing the City Manager or his designee to execute an Advance Funding
Agreement with the State of Texas, acting through its Texas Transportation Commission,
setting forth responsibilities for the reconstruction of the existing continuous highway
lighting at the intersection of the Crosstown Expressway (51-1 286) at the South Padre Island
Drive (SH 358) Expressway Interchange and its approaches as a part of the Texas
Department of Transportation's Crosstown Extension/South Padre Island Drive Interchange
Construction Project, and authorizing the deposit of $500,301.85 with the Texas Department
of Transportation as the City's share of construction costs.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
Minutes - Regular Council Meeting
March 20, 2001
Page 9
15.a. WITHDRAWN
M„ tien authelizing thc City-Mat.agcr or his designee to amend thc existing lease agrccment
I�latie,.al Bank.
15.b. WITHDRAWN
Ordinance rcappropriating $458,410 from thc Frost National Bank Lcasc Purchase
15.e. WITHDRAWN
••• is • - 00:0:
purchase agreement in thc Cenral Fund No. 1020, amending Ordinance No. 024130 which
adoptcd thc FY00 01 Budgct by iae.easing both revenues and appropriations by $500,000
15.d. WITHDRAWN
*************
Mayor Neal recessed the regular meeting for the meeting of the Corpus Christi Community
Improvement Corporation.
Upon reconvening the regular meeting, the Mayor called for the legislative update. Assistant
City Manager Tom Utter said the legislative session is half over, and several of Corpus Christi's
priority issues are moving ahead, including the change to the city's crime control district, spaceport
funding, estuary diversion, interbasin transfer of desalination water, child legislative fee, fire control
and prevention district, and the hotel/motel tax.
Mr. Utter also discussed HB 2686 (Item 18.a.), which strengthens the tax incentives for
enterprise zones, and FIB 2411 (Item 18.b.), which adopts a uniform residential building code for the
state. Mr. Kinnison made a motion to approve Item 18.a., seconded by Mr. Colmenero. Mayor Neal
called for a voice vote and the item passed as follows:
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Minutes - Regular Council Meeting
March 20, 2001
Page 10
18.a. RESOLUTION NO. 024391
Resolution supporting legislation by State Representative Solis that provides tax incentives
for certain businesses located in Enterprise Zones, Defense Readjustment Zones, and certain
federally designated zones.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
Mr. Garrett made a motion to approve Item 18.b., seconded by Mr. Colmenero. The item
passed as follows:
18.b. RESOLUTION NO. 024392
Resolution supporting legislation by State Representative Ritter that adopts a uniform
residential building code for the state.
The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales,
Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent.
Mr. Longoria requested additional information on SB510 regarding bidding alternatives.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said the Council will have a
joint meeting with the board of the Crime Control and Prevention District on March 27th beginning
at noon. In addition, there will be no Council meeting on April 3rd but on that date there will be the
rededication of Wesley Seale Dam. The Mayor then called for Council concerns and reports.
Mr. Colmenero asked if there were any problems with the Metrocom unit receiving non-
emergency calls. Mr. Garcia said he will look into that and provide a report.
Mr. Kinnison asked the Council to direct staff to bring back the proposal for the formation
of the Rodd Field Improvement District. He said more than a majority of the property owners in that
area were in favor of the proposed improvements. Mr. Garcia explained that the basic infrastructure
improvements supported by the property owners would not by themselves meet the current city
requirements, although they would be better than what is in place now. A discussion ensued and
Mayor Neal directed staff to bring that issue back before the Council.
Mr. Scott said he wanted to make sure that staff was bringing back the resolution in support
of relief transportation routes around the cities of Alice and Robstown.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:00 p.m. on March 20, 2001.
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