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HomeMy WebLinkAboutMinutes City Council - 04/17/2001I 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 April 17, 2001, which were approved by the City Council on April 24, 2001. WITNESSETH MY HAND AND SEAL, this 24th day of April, 2001. SEAL T Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 17, 2001 2:08 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Betty Jean Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison John 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 Mr. Charley Taylor, South Church of Christ, following which the Pledge of Allegiance to the United States flag was led by Council Member Gonzales. 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 April 10, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Ms. Daiquiri Richard of Beautify Corpus Christi Association presented a copy of the "Earth Day/Bay Day" poster to the Mayor and Council members. Mr. Patrick McGloin, President of the Coastal Bend Bays Foundation, said this is the third year the foundation has sponsored the "Earth Day/Bay Day," to be held April 22nd at Blucher Park. Mr. Bob Wallace, Chairman of the Coastal Bend Bays and Estuaries Program, said this event is an example of what can happen when entities work together to protect the area's resources. Mr. R.F. Hasker, 1813 Wallace, said he wondered if the people who voted in favor of the Packery Channel issue on April 7th realized they were throwing away their right to participate in the decisions made by elected officials. He said the battle over Packery Channel has just begun. Mr. Jack Gordy, 310 Norton St., said he knows of a case that took 19 months to be assigned a court date at Municipal Court, and he said that after midnight that night, political signs located on state highways would be illegal. He also described a situation where a man was ticketed for speeding but no one would heed the man's protestations that he did not intentionally break the speed limit. Minutes - Regular Council Meeting April 17, 2001 Page 2 Mayor Neal referred to Item 2, a presentation regarding the animal and vector control building project by architect/engineering consultant Bennett, Martin, Solka and Tomo. Mr. Ralph Bennett gave a computer presentation describing the project, which will be located on the corner of Holly Road and Service Center Road. He pointed out that the dog and cat kennel areas are subdivided to house healthy, sick, and "bite" dogs and cats so as to prevent cross -contamination. In addition, the vector control shop includes a workshop and areas for bulk and equipment storage. Mr. Bennett said the project has been broken up into three design packages to give small contractors the opportunity to bid on them. They are: Design Package "A"- administration building, $674,300; Package "B"- animal kennels, $740,000; and Package "C"- vector control building, $646,000, for a total construction budget of $2,060,300. Mr. Bennett and Mr. Angel Escobar, Director of Engineering Services, then responded to Council members' questions. Mr. Escobar explained that the difference between the total bond amount of $2.8 million and the construction amount of $2 06 million consists of administrative costs and contingency expenses. He said when the project is about 50% complete, staff will evaluate the need for the continency funds and, if feasible, ask the Council to approve a change order to construct additional kennels. Mr. Bennett said the administration building will be about 7,000 square feet and will house about 12 animal control officers and eight or 10 vector control officers, as well as a reception area, dispatchers office, break room, conference room and public restrooms. Mr. Escobar said they are expecting to go out for bids in October 2001 with construction completed in December 2002. Dr. Nina Sisley, Director of the City -County Health Department, said the current facilities are very inadequate and staff greatly anticipating moving into the new facilities. She said with enough kennels, the amount of time they can keep animals there will be extended. Council Member Gonzales also thanked the anonymous donors of the $35,000 to the department. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-9). Council members requested that Item 3 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: 4. M2001-138 Motion authorizing the acquisition of Parcel 8 located on Wooldridge Road next to the Wooldridge Road Lift Station in connection with the Force Main Repair and Replacement Project (Line B) - Harwick Drive to Wooldridge Road, for the amount of $37,133 from the owners David H. Meck and wife Denise Ann Meck. 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 April 17, 2001 Page 3 5. M2001-139 Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main Project, Phase 1 - O.N. Stevens Plant to Clarkwood. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. RESOLUTION NO. 024423 Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with the Regional Transportation Authority (RTA) for the RTA to provide the City money annually for street improvement purposes. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7. ORDINANCE NO. 024424 Ordinance abandoning and vacating a 1,964.65 -square foot portion of a 10 -foot wide utility easement out of Lot 3, Block 1, Navigation Industrial Park Subdivision; requiring the owner, Ray West Warehouses Inc., to comply with the specified conditions and replat the property within 180 days at the owner's expense. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8. M2001-140 Motion authorizing the City of Corpus Christi's proportional contribution of the local share of administrative expenses for regional water planning activities during FY2001, required by Senate Bill 1, 75th Texas Legislature, in accordance with the Interlocal Agreement for Water Planning Activities approved by Motion M98-034, with the City's remaining share according to the formula adopted by the Regional Water Planning Group, to be $45,529.65. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. RESOLUTION NO. 024425 Resolution authorizing the City Manager or his designee to apply to the National League of Cities for Technical Assistance Opportunities for Municipal Leaders, a program that seeks T Minutes - Regular Council Meeting April 17, 2001 Page 4 to expand the availability and improve the quality of after-school programs in local communities. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, purchase of refuse trucks. Council Member Kinnison asked if the study being conducted on solid waste options will have any affect on this proposal. Mr. Jeffrey Kaplin, Director of Solid Waste Services, said this first phase is based on the Council's original desire (along with input from the city's consultant, GBB) to move forward with the automated collection service. He added that this purchase does not compromise the option of privatizing the collection services in the future. City Secretary Chapa polled the Council as follows: 3. M2001-137 Motion approving the purchase of thirteen (13) automated side -loading refuse trucks from the Houston -Galveston Area Council of Governments (HGAC) for the total of $1,951,850.54. The award is based on the Cooperative Purchasing Agreement with HGAC. These automated side -loading refuse trucks will be used by Solid Waste Services. Financing will be provided through the City's lease/purchase financing agreement through Banc of America. These refuse trucks will be replacements to the fleet. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 10. Case No. 0301-01, Israel Mora: A change of zoning from an "R -1B" One -family Dwelling District to a "B-4" General Business District on Kelly Subdivision, Block 1, Lot 1, located on the northwest comer of Old Brownsville Road and Saratoga Boulevard extension. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" General Business District, and in lieu thereof, approval of a `B-3" Business District. No one appeared in opposition to the zoning change. Dr. Gonzales made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Mr. Chapa polled the Council for their votes: ORDINANCE NO. 024426 Amending the Zoning Ordinance upon application by Israel Mora by changing the zoning 1 Minutes - Regular Council Meeting April 17, 2001 Page 5 map in reference to Lot 1, Block 1, Kelly Subdivision, from "R -1B" One -family Dwelling District to "B-3" 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: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 11. Case No. 0301-02, B.R. Scogin: A change of zoning from an "F -R" Farm -Rural District to a "B-4" General Business District on Gregorio Farias Grant, being a 259.98 acre tract, located on the southeast corner of U.S. Highway 77 and County Road 52 extension. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Mrs. Longoria made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 024427 Amending the Zoning Ordinance upon application by B.R. Scogin by changing the zoning map in reference to 6.1995 acres out of a 259.98 -acre tract out of the Gregorio Farias Grant, from "F -R" Farm -Rural District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the public hearing to determine whether portions of city parkland at Overland Meadows Park in Corpus Christi, Texas, should be used for the establishment of Runway 13 Outer Marker by the Federal Aviation Administration within the City parkland area. City Secretary Chapa said the public hearing is being held under the provisions of §§ 26.001 and 26.002 of the Texas Parks and Wildlife Code. Mr. Dave Hamrick, Acting Director of Aviation, said this is an extension of an existing contract with the FAA that has been in effect for about 30 years. He said the outer marker located in that park area is a radio transmitter that is an integral part of the approach landing system. There were no comments from the audience. Mrs. Longoria made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 17, 2001 Page 6 12.a. RESOLUTION NO. 024428 Resolution relating to the use of land designated as parkland at Overland Meadows Park for the establishment of the Runway 13 Outer Marker. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 12.b. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a lease terminating September 30, 2001, with an option to renew annually through September 30, 2015 with the U.S. Department of Transportation, Federal Aviation Administration (FAA) granting the lease of a 0.209 acre tract, a 0.029 acre tract, and a 15 -foot utility easement, constituting a portion of Overland Meadows Park, for the establishment and maintenance of the Runway 13 Outer Marker, in consideration for the FAA maintaining the leased premises. 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 opened discussion on Item 13, sidewalk accessibility improvements. Mr. Escobar said this project encompasses Alameda, Santa Fe and Weber streets. In addition, the Committee for Persons with Disabilities has selected several projects they wish to have constructed as funds become available, starting with South Staples from City Hall to Six Points. He said the project is scheduled to be let by the Texas Department of Transportation in February 2002. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. M2001-141 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $100,168 with Russell Veteto Engineering Inc. for the sidewalk accessibility improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ************* Mayor Neal opened discussion on Item 14, street lighting improvements. Mr. Escobar said this is the first phase of a larger project. He said staff has been working with the Padre Isles Property Owners Association ever since it was annexed by the city in 1981 to bring that area up to standards for lighting. Mr. Escobar said the project will take about four to six months to be completed. He Minutes - Regular Council Meeting April 17, 2001 Page 7 added that after this $114,825 expenditure, the balance of lighting improvement funds in the 2000 bond program will be $184,874. Council Member Kinnison requested a list of other lighting improvements being planned. He expressed concem about older neighborhoods that have very inadequate lighting which is a safety issue. Council Member John Longoria said that about a year ago he inquired about lighting on Ayers Street from South Padre Island Drive to Saratoga and was told that lights would be installed. He asked for an update on that project. Mr. Escobar said he would provide the information. There were no comments from the audience. Responding to Council Member Gonzales, Mr. Escobar said that Mr. David Seiler, Traffic Engineer, meets regularly with the directed patrol officers and citizen representatives as part of the Crime Control and Prevention District regarding areas needing lighting improvements. City Secretary Chapa polled the Council for their votes as follows: 14. M2001-142 Motion authorizing the City Manager or his designee to execute an agreement with Central Power and Light Company for construction of the Phase 1 Citywide Street Lighting Improvements, in the Padre Isles Subdivision at a cost not to exceed $114,825. The foregoing motion passed 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, financial team for the convention center bonds. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 15. M2001-143 Motion approving the selection of the Financial Advisor, M.E. Allison & Company, Inc.; Senior Managing Underwriter, A.G. Edwards; Co -Managing Underwriter, Loop Capital Markets; and Bond Counsel, McCall, Parkhurst, & Horton for the Convention Center Bonds. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the executive session (Item 16), pursuant to Texas Government Code Section 551.071 regarding Deloris Wade v. City of Corpus Christi, No. 99-5569-F, 214th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. T Minutes - Regular Council Meeting April 17, 2001 Page 8 The Council went into executive session. The Council returned from executive session. Council Member Gonzales made the following motion, seconded by Council Member Cooper: 16. M2001-144 Motion authorizing the City Manager to execute documents settling Deloris Wade v. City of Corpus Christi, No. 99-5569-F, 214th District Court, Nueces County, Texas, for $70,000 in accordance with the agreement reached by the city's attorneys. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal asked City Secretary Chapa to explain the schedule for next week's Council meetings. Mr. Chapa said that at 1:30 p.m. there will be a special Council meeting to canvass the votes from the April 21st runoff election followed by speeches by the outgoing Council members. Following that the new Council will be sworn in and a reception will be held for both outgoing and incoming Council members. After the reception, the new Council will hold a regular meeting at about 2:30 p.m. to consider city business. Mr. Garcia said the Convention Center Expansion and Arena Oversight Committee will meet on May 2nd at 10 a.m. at the Bayfront Convention Center and all the Council members are invited (it will be posted as a Council meeting). Also, the Council retreat is scheduled for May 7th at the Museum of Science and History. Mr. Garcia also discussed the possible reopening of the Columbus Ship exhibit at the Museum of Science and History. He said since the exhibit's closure, there has been an administrative deadlock involving many entities, including the government of Spain and the Columbus Fleet Association (CFA). He said staff is concerned about the continuing deterioration of the ships themselves; unless some action is taken, they will be in a similar state as the old county courthouse. The City Manager said staff is proposing to provide minimal maintenance to the two ships located at the museum in order to reopen them as an exhibit (the Nina located at the marina is another issue to be resolved). He said that cost would be paid by increasing the admission fee to the museum from its current $5 rate back to the $8 rate that was in effect when the ships were open. Mr. Garcia emphasized that the city will not provide any municipal resources, will not assume any liability for the ships, and will not change the corporate responsibility structure. He said he and Mr. Bray had a preliminary discussion with a representative from the Spanish government about this proposal. He said while Corpus Christi has not received an official response from Spain, the representative expressed considerable frustration with the liens that have been filed and they said the city's suggestion was "constructive." Mr. Garcia went on to say that the city is not interested in a long-term commitment and will Minutes - Regular Council Meeting April 17, 2001 Page 9 have no obligation to continue these services. Mr. Rick Stryker, Museum Director, said he feels the money that will be generated by the increased admission fees will allow for minimal maintenance and for the purchase of insurance. He said since the ships closed two years ago the museum has experienced a 40% drop in attendance. He added that the ships' closing had nothing to do with their ability to support their operating costs but rather with debt and other issues. Responding to Mr. Colmenero, Mr. Stryker said that ever since the ships opened in 1995, the museum was responsible for accounting for the ships' income separately from the museum's income. He added that the ships are structurally safe but they need to be repainted and maintained. He said they are operated out of the embassy in Spain and there are no other entities to deal with. Replying to Ms. Cooper, Mr. Stryker said liability insurance would be purchased to protect the public. Ms. Cooper thanked Mr. Fernando Iglesias, Honorary Consul to Spain, for his diligent work on this issue. In reply to Mr. Scott, Mr. Stryker said there were 68,000 visitors to the museum in the year 2000 and staff is basing their projections on that number, which would bring in about $127,000 in revenue and cover the ships' direct operating costs. He said March through July are the busiest months at the museum. He added that the museum would not maintain the same level of interpretive staff during the off season as they would during the summer season. Mr. Scott said this proposal seems fiscally prudent and civically responsible. Mr. Kinnison asked about the consent agreement distributed to the Council. Mr. Garcia said that Mr. Bray drafted that agreement for the two entities which are most directly involved --the CFA and the government of Spain. He said he does not know if it is essential that the agreement be signed, but it is important that the parties are aware of the city's intentions. He emphasized that if any of the parties objects, then the city will not proceed. Mr. Kinnison added that he thought the CFA was defunct and Mr. Bray replied that they have a lease with the city that has not been terminated. Responding to Mr. Garrett, Mr. Stryker said they will hire maintenance personnel to do the labor on the ships. There was consensus of the Council for staff to proceed with the Columbus ship proposal. Mayor Neal said he had received a complaint about the direction of the lights at the maintenance center on Sacky Drive. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said staff has resolved that problem. The Mayor said the areas around Mexico Street have a lot of trash that needs to be picked up. In addition, there is an illegal dump site on Alameda Street near the Good Samaritan Mission. Mayor Neal also referred to a recent article in the local newspaper which reported that 70 of the city's sex offenders are missing. He said since that article appeared, many people have expressed their concern about the situation, which the Mayor said is unacceptable. He said he wants the Police Chief to inform the Council and the public how he plans to address this. Also referring to the sex offenders issue, Mr. Longoria said all of the city's sales and property tax revenues go to public safety and people need to be held accountable when they are not doing their T Minutes - Regular Council Meeting April 17, 2001 Page 10 work. He said he thinks the City Manager needs to exert his authority and let people know he will not tolerate that type of behavior. Mr. Colmenero asked for information about how the Police Department plans to address recent shootings in the city. Ms. Cooper noted that Mr. Femando Iglesias was present at the meeting and she thanked him for his assistance over the last eight years in her dealings with the sister cities of Toledo, Spain, and Agen, France. Mr. Scott requested an update on the sale of parkland that was approved by the voters in November 2000. He also said he agreed with the Mayor and Mr. Longoria that the missing sex offenders is an intolerable situation at the Police Department. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:20 p.m. on April 17, 2001. * * * * * * * * * * * * *