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HomeMy WebLinkAboutMinutes City Council - 10/16/2001I 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 October 16, 2001, which were approved by the City Council on October 23, 2001. WITNESSETH MY HAND AND SEAL, this 23rd day of October, 2001. SEAL T Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 16, 2001 2:12 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Bill Kelly John Longoria Jesse Noyola Mark Scott ABSENT Henry Garrett 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 Rev. Don Tuttle, First Christian Church, and the Pledge of Allegiance to the United States flag was led by Council Member 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 October 9, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-11). Council members requested that Items 5, 10, and 11 be discussed. There were no comments from the audience. City Secretary Chapa said Council Member Noyola would be abstaining from discussing or voting on Item 3. Mr. Chapa polled the Council for their votes and the following were passed: 2. M2001-386 Motion authorizing the City Manager or his designee to execute a construction contract with H&S Constructors in the amount of $59,696.81 for the Oso Wastewater Treatment Plant air line rehabilitation. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 3.a. ORDINANCE NO. 024622 Ordinance appropriating $598,500 of interest earnings from the No. 3024 Airport Capital Improvement Fund into the No. 3024 Airport Capital Improvement Fund for construction Minutes - Regular Council Meeting October 16, 2001 Page 2 management, project liaison, and inspection services for the new airport terminal building; amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $598,500. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining; Garrett absent. 3.b. M2001-387 Motion authorizing the City Manager or his designee to execute Amendment No. 3 for construction management, project liaison and inspection services in the amount of $598,500 with Anderson Group Construction Management Inc. (AGCM) for the Corpus Christi International Airport terminal project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining; Garrett absent. 4. M2001-388 Motion authorizing the City Manager or his designee to execute a construction contract with Southern Contracting for a total fee not to exceed $253,000 for the improvements to fire stations (ADA and co-ed). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 6. ORDINANCE NO. 024627 Ordinance abandoning and vacating 2,430.83 -square feet of utility easement out of Lots 11- 14, Block 51, King's Crossing Unit 12, originally dedicated by King's Crossing Unit 1 Phase 3, Lot 1, Block 41, Volume 59, Pages 133-138, M.R.N.C.T.; requiring the owner, King's Crossing Realty, LTD (owner), to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 7.a. M2001-389 Motion authorizing the City Manager or his designee to increase the escrow amount with the Texas Department of Transportation in the amount of $34,164 as part of the Leopard Street, Phase 3 improvements (McKinzie to Rand Morgan) in accordance with the advanced funding agreement. T Minutes - Regular Council Meeting October 16, 2001 Page 3 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 7.b. M2001-390 Motion authorizing the City Manager or his designee to execute Change Order No. 7 with the Texas Department of Transportation in the amount of $34,164 due to the modification of the project limits to include a portion of Hopkins Road, as part of the Leopard Street, Phase 3 (McKinzie to Rand Morgan) construction contract. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 8.a. M2001-391 Motion authorizing the City Manager or his designee to accept a grant in the amount of $333,467 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY2001 Law Enforcement Block Grants Program and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 8.b. ORDINANCE NO. 024628 Ordinance appropriating $333,467 from the U.S. Department of Justice, Bureau of Justice Assistance in the No. 1050 State/Federal Grants Fund to purchase law enforcement equipment for the Police Department; authorizing the transfer of $37,052 from the No. 6010 Law Enforcement Trust Fund to and appropriating $37,052 in the No. 1050 State/Federal Grants Fund as the grant match. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 9. RESOLUTION NO. 024629 Resolution amending the membership of the Sesquicentennial Celebration Advisory Committee, created by Resolution No. 024484, to include the appointment of the Chairperson and Vice Chairperson of the Landmark Commission, or their designees, as ex - officio voting members. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Minutes - Regular Council Meeting October 16, 2001 Page 4 Mayor Neal opened discussion on Item 5, street improvement projects. Council Member Kelly asked if Community Development Block Grant funds had been set aside to help pay the assessments for citizens who qualify for that assistance. Mr. Angel Escobar, Director of Engineering Services, replied affirmatively. Responding to Council Member Colmenero, Mr. Escobar said these improvements to Lewis and Ramsey streets are a continuation of the Southmoreland Addition street projects; the final phase will be constructed next year. Mr. Colmenero specifically asked about the Ramsey Street project, and Mr. Escobar said it will include curb and gutter and sidewalk improvements on both sides. City Secretary Chapa polled the Council for their votes as follows: 5.a. RESOLUTION NO. 024623 Resolution determining the necessity for and ordering the improvement of the following highway in Corpus Christi, Nueces County, Texas: Southmoreland Addition street improvements, Phase 3A - Lewis Street between Richard and Clemner; and Southmoreland Addition Street Improvements, Phase 4A - Ramsey Street between Brawner Parkway and Norton Street; specifying that certain of these improvements will be paid for partly by the City and partly by assessments while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a notice of proposed assessments with the Nueces County Clerk. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 5.b. RESOLUTION NO. 024624 Resolution approving plans and specifications for improvements to the following highway in Corpus Christi, Nueces County, Texas: Southmoreland Addition street improvements, Phase 3A - Lewis Street between Richard and Clemner; and Southmoreland Addition street improvements, Phase 4A - Ramsey Street between Brawner Parkway and Norton Street; approving the Director of Engineering Services project construction cost estimate including an estimate of the portion of costs to be paid by the City and the portion of costs to be paid by assessments; setting a public hearing on these proposed assessments to occur during the December 11, 2001 City Council meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 5.c. RESOLUTION NO. 024625 Resolution determining the necessity for and ordering the improvement of the following Minutes - Regular Council Meeting October 16, 2001 Page 5 highway in Corpus Christi, Nueces County, Texas: Hampshire Road improvements from State Highway 358 to McBride Lane; specifying that certain of these improvements will be paid for partly by the City and partly by assessment while others will be paid for entirely by assessments; and directing the City's Director of Engineering Services to file a notice of proposed assessments with the Nueces County Clerk. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 5.d. RESOLUTION NO. 024626 Resolution approving plans and specifications for improvements to the following highway in Corpus Christi, Nueces County, Texas: Hampshire Road improvements from State Highway 358 to McBride Lane; approving the Director of Engineering Services project construction cost estimate including an estimate of the portion of costs to be paid by the City and the portion of costs to be paid by assessments; setting a public hearing on these proposed assessments to occur during the December 11, 2001 City Council meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, Senior Companion and Retired and Senior Volunteer programs. The Mayor praised the programs and he encouraged more senior citizens to get involved in them. City Secretary Chapa polled the Council for their votes as follows: 10.a. M2001-392 Motion authorizing the City Manager or his designee to accept a $4,375 grant from the Texas Department on Aging through the Corporation for National Service is appropriated in the No. 1050 Federal/State Grants Fund for the continuation of the Senior Companion Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 10.b. ORDINANCE NO. 024630 Ordinance appropriating a $4,375 grant from the Texas Department of Aging through the Corporation for National Service in the No. 1050 Federal/State Grants Fund for the continuation of the Senior Companion Program. Minutes - Regular Council Meeting October 16, 2001 Page 6 An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 10.c. M2001-393 Motion authorizing the City Manager or his designee to accept a $18,115 grant from the Texas Department of Aging through the Corporation for National Service is appropriated in the No. 1050 Federal/State Grants Fund for the continuation of the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 10.d. ORDINANCE NO. 024631 Ordinance appropriating $18,115 grant from the Texas Department on Aging through the Corporation for National Service in the No. 1050 Federal/State Grants Fund for the continuation of the Retired and Senior Volunteer Program. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * ** Mayor Neal opened discussion on Item 1 1 , reprioritization of youth outdoor sports facilities funds. Responding to a question from the Mayor, Mr. Tony Cisneros, Director of Park and Recreation, said this proposal pertains to the following parks: H.P. Garcia, Price, South Guth, Waldron, and Bill Witt. He said that during implementation of the project, staff divided available funds into two master design areas --field irrigation and athletic field lighting. During the design phase, it became evident that more existing fields at other parks could be improved by using some of the funds allocated for Waldron Park, which currently is a neighborhood park that does not have any existing playing fields. Mayor Neal instructed staff to inform the Council if the project construction bids come in lower than the designer's estimates. Council Member Colmenero asked about the priorities for the irrigation and field lighting projects. Mr. Cisneros said the irrigation improvements are more important because there is no value in having an inferior playing surface be well -lit. He said the athletic leagues are also interested in having sole irrigation meter systems installed at the fields so they do not have to pay for wastewater charges as well. Council Member Noyola asked about the improvements to H.P. Garcia Park. Mr. Cisneros said this funding pertains only to the athletic fields and not to the open areas in the park. Council Member Scott pointed out that Waldron Park is a neighborhood park and is different from Waldron Field which consists of athletic fields. He said the neighbors around Waldron Park would probably Minutes - Regular Council Meeting October 16, 2001 Page 7 not be in favor of installing athletic field -type lighting there. He asked if the Flour Bluff associations were in support, and Mr. Cisneros replied affirmatively. Mr. Scott asked if there are sufficient funds to provide irrigation for all the fields in the Oso and National leagues. Mr. Cisneros said the fields at South Guth Park will be irrigated. He added that the Oso League has a T -ball field pending but staff has not completed any design work on it. Mr. Scott said Waldron Field needs to be improved. Mr. Abel Alonzo, 1701 Thames, asked if any of the funds were being redirected for other things than what was promised to the voters. Mr. Cisneros said the funds are being used to improve youth athletic facilities as indicated. Replying to Council Member Kelly, Mr. Cisneros said commercial customers can have an irrigation meter installed but there is a cost associated with it. City Secretary Chapa polled the Council for their votes: 11. M2001-394 Motion authorizing the City Manager or his designee to reprioritize the funding allocations for the Bond Issue 2000 Project Outdoor Youth Sports Facilities to allow for more efficient use of the funds. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * * * Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the first of two scheduled City Council public hearings on the city's proposed 2001 annexation program, which encompasses 16,067 acres. Using a computer presentation, Assistant City Manager Tom Utter described the six proposed annexation areas: Areas A and B -Wood River Development; Area C -South Padre Island, Tracts 1 and 2; Area D- water area west of Port Aransas; Area E -Gulf of Mexico water area east of Port Aransas; and Area F -Mustang Island north of Mustang Island State Park, Tracts 3A, 3B, 4 and 5. Mr. Utter said the city is responsible for providing levels of service (police, fire, EMS, water, wastewater, stormwater, solid waste, etc. ) comparable to the service available in other parts of the community that are similar in nature. He noted that properties in Area F will continue to receive water and wastewater service from the Nueces County Water Control and Improvement District #4 (NCWCID). Staff has determined that no new capital improvements are needed to provide city services in Areas A, B, C, D and E. He said Area F is not in a fire district --the fire calls have been answered by the cities of Port Aransas or Corpus Christi. Immediately upon annexation, fire service will be provided to Area F by Station 15 and in the future by a new station on the island, located on the north end of Mustang Island State Park. Minutes - Regular Council Meeting October 16, 2001 Page 8 Mr. Utter said that once Area F is annexed, the city will be responsible for beach cleaning. The city has retained a consultant to assess best practices in beach cleaning in Texas and in other coastal communities. He said that from January 1 -July 31, 2002, the city will contract with Nueces County or another entity to clean gulf beaches; starting August 1, 2002, the city will begin cleaning the beaches either using city staff or through a third -party contract. He said the annexation calendar includes another public hearing on October 22, 2001 at Port Royal on Mustang Island, with the first reading of the ordinance on November 20th and the second reading on December 1 l th. The effective date of annexation will be December 31, 2001. Mr. Utter further discussed the service plans for the specific annexation areas (beginning in the Council's packet on page 186). Mayor Neal called for public comment on Areas A and B and there was none. Referring to Area C, Dr. Robert Walter said that the 51 acres in Tract 2 actually consists of two smaller tracts --an 18 -acre area owned by he and his wife, and a 33 -acre area owned by a partnership of which he is the managing partner. Dr. Walter said that during the Last annexation in December 1999, his property was dropped out of the proposal. He said he was under the impression that his property would fall under the new annexation plan and it would be at least two years before they would be annexed. Mr. Utter replied that there was no definitive time that the annexation was planned to be brought back to the Council. Dr. Walter asked that his property not be annexed at this time. He said both tracts in Area C are subject to the Coastal Barrier Resources Act (CBRA), which was passed by Congress in 1982 and prohibits federal agencies from providing expenditures or financial assistance for new development. He said he believes that if his property is inside the city limits, he will not be able to raise the necessary capital to develop his property. Mayor Neal said if the city did not annex Dr. Walter's property at this time, they would have to annex it in the year 2002 in order to still fall under the current state law. Responding to a question from the Mayor, Dr. Walter said the city's development restrictions are substantial. Mr. Gunning said staff is recommending zoning the newly annexed properties on the gulf side to "AT" Apartment Tourist District, which allows condominium as well as single-family development. Dr. Walter also discussed requirements for an on-site waste treatment facility. Mayor Neal asked if there was opposition to annexation of Tract 1, Area C (Jones Tract) and Mr. Utter said there was none. He said staff thinks the Jones Tract was incorrectly placed in the CBRA zone. There was no comment on Areas D or E. Mr. Abel Alonzo referred to the proposed annexation program in general, asking what the cost would be to the taxpayers and how soon revenues would be realized. Mr. Mark McDaniel, Director of Management and Budget, said that neither the cost of the service levels nor the revenue from the ad valorem taxes are significant in Areas A, B, C, D and E; however, Area F contains increases in both service costs and tax revenues. The net effect for FY 2001-02 is about $380,000 more revenues than expenditures and about $166,000 more revenues the following fiscal year. Mr. Carl Batalich asked if septic tanks will be permitted on island properties following Minutes - Regular Council Meeting October 16, 2001 Page 9 annexation. Mr. Gunning said approved septic tanks will be allowed. Mr. Batalich said he was told by a representative of the NCWCID that no septic tank can be less than 11 feet above mean high tide and still receive water. He said as a result, he has not been able to receive water for one of his properties from that water district for about 20 years. Mr. Utter said the city has a contract with the district whereby it will enforce rules of the city. He said city staff have not met with water district representatives regarding Mr. Batalich's question but they intend to. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Colmenero, and passed (Garrett absent). Responding to Council members' questions, Mr. Utter and Mr. McDaniel discussed beach cleaning, ad valorem tax revenues, police and fire protection, and other issues. City Secretary Chapa reiterated that the next City Council public hearing on the proposed annexation program will be on October 22, 2001 at 6 p.m. at Port Royal on Mustang Island. Mr. Utter said that a zoning public hearing will be held on the subject properties on December 11th. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, property exchanges. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13.a. FIRST READING ORDINANCE Ordinance approving a Special Warranty Deed conveying a tract of land containing 35.07 acres, more or less, out of a 400 acre tract of the Mariano L. De Herrera Grant, Abstract 606, said 400 acre tract conveyed by Bess L. Hurt, et vir, to Nina G. Stewart, widow, by Deed dated June 23, 1944, and recorded in Volume 300, Page 153, Deed Records of Nueces County, Texas from the City of Corpus Christi to the Nueces County Industrial Development Corporation and authorizing the City Manager or his designee to execute the deed. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. 13.b. FIRST READING ORDINANCE Ordinance approving a Quit -Claim deed conveying 38.07 acres of land, more or less, out of Mariano L. De Herrera Grant, Abstract 606, being out of a 493.66 acre tract, said 493.66 acres being more particularly described in Volume 1643, Page 224, Deed Records of Nueces County, Texas, said 38.07 acres being same property identified under Tax Account Number 3360-0549-0300 in the official records of the Nueces County Appraisal District from the City of Corpus Christi to the Nueces County Industrial Development Corporation and authorizing the City Manager or his designee to execute the deed. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. Minutes - Regular Council Meeting October 16, 2001 Page 10 13.c. M2001-395 Motion accepting a Special Warranty Deed from Nueces County to the City of Corpus Christi on a tract of land containing 2.066 acres (89,989 sq. ft.) of land out of Survey 606, Abstract 45, Land Script No. 64 as recorded in Document Number 888926 of the Official Public Records of Nueces County, Texas. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, land exchange contract. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Ordinance authorizing the approval of a Land Exchange Contract with the Texas Parks and Wildlife Department for the exchange of two 2.066 -acre tracts between the City and the Texas Parks and Wildlife Department and authorizing the City Manager or his designee to execute same. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, beach cleaning. Mr. Utter said there was a typographical error in the first amendment to the Intergovernmental Agreement on Beach Cleaning. He said in Section 4 the date should be August 1, 2002 rather than January 1, 2002. There were no comments from the audience. Mr. Kinnison made a motion to amend Item 15 as stated by Mr. Utter, seconded by Mr. Colmenero and passed (Garrett and Longoria absent). City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 024632 Resolution authorizing the City Manager or his designee to execute the first amendment to the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces County on beach cleaning. The foregoing resolution passed, as amended, by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Garrett and Longoria absent. * * * * * * * * * * * * * T Minutes - Regular Council Meeting October 16, 2001 Page 11 Mayor Neal opened discussion on Item 16, constitutional amendments. Mr. Utter said the Texas Legislature placed 19 amendments on the November 6, 2001 ballot and staff is recommending that the Council pass resolutions specifically supporting four of them, which he briefly explained. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 16.a. RESOLUTION NO. 024633 Resolution supporting Amendment No. 7, the Constitutional Amendment authorizing the Veterans' Land Board to issue up to $500 million in general obligation bonds payable from the general revenues of the state for Veterans' Housing Assistance and to use assets in certain veterans' land and veterans' housing assistance funds to provide for veteran cemeteries. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 16.b. RESOLUTION NO. 024634 Resolution supporting Amendment No. 8, the Constitutional Amendment authorizing the issuance of up to $850 million in bonds payable from the general revenues of the state for construction and repair projects and for the purchase of needed equipment. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 16.c. RESOLUTION NO. 024635 Resolution supporting Amendment No. 15, the Constitutional Amendment creating the Texas Mobility Fund and authorizing grants and loans of money and issuance of obligations for financing the construction, reconstruction, acquisition, operation, and expansion of state highways, turnpikes, toll roads, toll bridges, and other mobility projects. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. 16.d. RESOLUTION NO. 024636 Resolution supporting Amendment No. 19, the Constitutional Amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $2 billion. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * * * T Minutes - Regular Council Meeting October 16, 2001 Page 12 Mayor Neal opened discussion on Item 17, oil and gas lease at the airport. (Note: This item had been approved by motion on October 9, 2001. It was resubmitted by staff because it requires a two -reading ordinance.) The Mayor said that the Council received copies of letters from Royal Production that were sent to the city over a period of years. He questioned how staff could not have known that Royal was interested in leasing the subject property. He made a motion to withdraw Item 17 so staff can work on it some more. The motion was seconded by Council Member Chesney. City Attorney Bray said staff did not say they were unaware of Royal's interest in the lease; rather, staff admitted they made a mistake in not including Royal's name on the bidder's list. He said Royal has since assessed the contract terms and determined that they do not wish to bid. Mr. Chesney said he feels this is a bad deal and that an investigation needs to be conducted into this situation. Council Member Noyola said he would be abstaining from discussing or voting on Item 17. City Manager Garcia said that last week staff was prepared to withdraw this item and rebid it. Mr. Dave Hamrick, Acting Airport Director, said that on October 15th he met with representatives of Royal, who asked if the city would object to them installing a drilling well on a specific site near the airport. He said staff replied that they would have no major objections as long as they followed the lease provisions. On October 16th a Royal representative left word with Mr. Hamrick's office that even if the city rebid the lease, they felt it was too restrictive and they did not intend to bid. Mayor Neal then withdrew his motion but he said he wanted the information about Royal in writing. Council Member Scott said this was a very embarrassing experience. Mayor Neal called for public comment. Mr. J.E. O'Brien, 4130 Pompano, questioned whether it is prudent to approve this type of lease next to an airport. He said it was mentioned last week that the former airport director had reservations about this lease and it did not appear that the Council members questioned what her reservations were. Mr. O'Brien asked if there are any legal implications about re -voting on this item. City Attorney Bray replied that there are no legal implications on voting for this as an ordinance. City Secretary Chapa polled the Council for their votes as follows: 17. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute an Oil and Gas Lease on approximately 1,136.227 acres of land owned by the City of Corpus Christi near the Corpus Christi International Airport for a cash bonus bid of $193,764, $25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuing drilling operations. The foregoing ordinance passed on first reading as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining; Garrett absent. Mayor Neal called for a brief recess. T T Minutes - Regular Council Meeting October 16, 2001 Page 13 Upon reconvening, Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 18) was made by the Corpus Christi Regional Transportation Authority (RTA) on the Port/Ayers Livable Communities Initiative (LCI) along Port Avenue and Ayers Street between the RTA Port/Ayers Transfer Station and Home Road. Mr. David Seiler, Traffic Engineer, noted that the RTA has built other LCI projects in the Oveal Williams area, Six Points, and the Staples Street Station. Ms. Linda Watson, RTA General Manager, explained that the purpose of the LCI programs, which are funded by the Federal Transit Administration, are to increase transit's role in making communities more livable. Major LCI objectives include improving access to transit systems; providing a strong pedestrian orientation; and incorporating traffic -calming measures. Since 1995, only 22 U.S. cities have received LCI grant funds; the Corpus Christi RTA has received $3 million of those grants. Ms. Watson said the Port -Ayers area is very vibrant but Port Avenue has the highest number of pedestrian accidents and fatalities of any street in the city. She said the RTA's first goal is to enhance public safety while also improving the well -used public space in that neighborhood. Ms. Watson said the RTA had a great deal of input from the businesses and neighbors in developing the Port -Ayers LCI design objectives, which will include: ADA -accessible sidewalks and walkways; crosswalks with innovative lighting systems; landscaped street medians for Port and Ayers (from Horne Road); signalization; landscaping; bus passenger shelters; and art work. She also described a conceptual plan for the project and said construction is to be completed next fall. She thanked Mr. Ron Guzman, project designer, and Mr. Seiler for their efforts. Council members commended Ms. Watson and the RTA for this project. ********** * ** The second presentation (Item 19.a.) was regarding the Nueces County public health needs assessment. Dr. Nina Sisley, Director of Public Health, introduced Mr. Peter de Forest, Nueces County Epidemiologist, who conducted the assessment. He explained that in July 2000 the Corpus Christi-Nueces County Public Health District (PHD) received an innovation grant from the Texas Department of Health to conduct the study. Mr. de Forest said they conducted personal interviews with 4,893 people in 1,705 households throughout Nueces County who were randomly selected. He said the study has a confidence interval of 95% and a plus/minus error rate of 2.5%. Mr. de Forest then reviewed the study's findings in the areas of language preferences, health data, risk indicators, dietary data, dietary habits, and community services (CHIPS coverage and Medicaid). He said the study also took into account census tract information and geographic information system mapping. Mr. de Forest said this data can be used as base -line information to develop achievable goals within certain focus areas that are typically under -served. He said this will require that the PHD conduct follow-up surveys on those areas to ensure that they are reaching their goals. He said they can also use the data to reallocate community, environmental, and health services to better meet the public's needs. He noted that additional funding will be needed to continue. Mayor Neal said this is important data that needs to be shared with other entities, such as Minutes - Regular Council Meeting October 16, 2001 Page 14 Youth Opportunities United and Driscoll Children's Hospital, so public officials can better serve citizens and deal with the causes of public health problems instead of just the symptoms. Responding to Council members' questions, Dr. Sisley and Mr. de Forest further explained the study's findings regarding participation in CHIPS and the need to improve safety measures for children, including car seats and seat belts. The third presentation (Item 19.b.) was regarding preparation for chemical and biological incidents. City Manager Garcia said the recent reports of anthrax exposures around the country has prompted city officials to discuss this issue. Dr. Sisley said the Health Department has been inundated with telephone calls from concerned citizens. She said last week city staff met with the emergency room physicians and administrative staff from all three hospital systems in Corpus Christi. She said they discussed responses to possible bioterrorism incidents. The Health Department has a cell phone which will be on 24 hours a day and is rotated through the nursing staff which routinely investigates communicable diseases. Dr. Sisley said they also disseminated information about possible agents in bioterroristic attacks and related diagnostic tests, and PHD staff met with the Emergency Management Coordinator, a member of the FBI, the Postal Inspector, and members of the Fire and Police Departments to coordinate the handling of mail that might be contaminated. Dr. Sisley said Corpus Christi is probably as well prepared as any Texas city to handle possible bioterrorism attacks. Mayor Neal suggested that Dr. Sisley include this information on the city's web site. Fire Chief J.J. Adame said Corpus Christi has an advanced public notification system and public awareness due to the possibility of chemical emergencies and hurricanes. He described the extensive training that staff members have received in preparation for chemical emergencies as well as specialized equipment that they have. He said they will also be conducting a biological "table -top" exercise on November 1st and a large-scale chemical exposure exercise in the spring. The Chief said the Fire Department is also the lead agency in the Metropolitan Medical Response System, which he explained. He said the Fire Department has responded to 60 calls since last Thursday from citizens concerned about letters and packages. He noted that there have been no reports of anthrax being sent to residents throughout the country --only to members of the media and government. Chief Adame then responded to Council members' questions. ************* The fourth presentation (Item 20) was regarding nourishment of Corpus Christi Beach. Mr. Escobar explained that the sand on that beach does not meet the project specifications because it contains too much clay and silt material. He said all contractual parties have been notified and they are currently in the process of determining the extent of the situation. The parties involved are the General Land Office, City of Corpus Christi, Shiner, Moseley & Associates and subcontractor Fugro South, and Phoenix Demolition and its subcontractors Fugro South and Bass & Welsh Engineering. Mr. Escobar described the intermediate actions as follows: the contractor has been notified by letter of the unacceptableness of the sand; a letter demanding corrective action was sent to the Minutes - Regular Council Meeting October 16, 2001 Page 15 contractor and the bonding company; and the testing lab has pledged to bring the matter, within reason, to a final resolution acceptable to the city. He said one of the proposed solutions is to remove the top 18 inches of the non -complying material and replace it with sand meeting all the requirements. Staff is also proposing to hire an independent, third -party engineering firm to review all aspects of the project, including contract specifications, material quantity and quality, engineer and contract performance, construction inspection and management, survey requirements, and project completion. Responding to Council Member Colmenero, Mr. Escobar said if they decide to move the non -complying sand into the water, they may first have to break up the clay particles into dissolvable pieces. Council Member Chesney said that during a previous presentation on this issue, he and Council Members Colmenero and Kelly expressed specific concerns about the project. He said the citizens who raised the concerns were right. Mr. Escobar said staff is implementing procedures to avoid this situation in the future. Mr. Kelly said one of the issues he had raised was the possible existence of contaminants in the materials. He asked if additional testing has been done to rule that out. Mr. Escobar said that in addition to the gradation testing, a third lab (Trinity Engineering Testing) conducted environmental tests. Mr. Kim McGuire, the city's Director of Environmental Programs, explained that the sand was tested for general toxicity, heavy metals and other elements. He said according to the test results from October 12, 2001, there are no environmental or health and safety concerns. Council Member Scott said the engineer for this project had assured the Council members that the project met the specifications, but that was not the case. Mr. Scott apologized to the Gulleys for not believing them. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Ruben Figueroa said that members of the South Texas Public Employees Association wish to speak to all the Council members about their concerns. Mr. Mike Zepeda, President of the Labor Council for Latin American Advancement, said it is time that the issue of the city employees' right to organize is addressed. He said the Corpus Christi City Employees Association will be requesting that the City Council authorize payroll deductions for membership fees ("dues check -off'). Mr. Buck Sosa, 3801 Devonshire, said he is President of the Coastal Bend Tejano Democrats and former president of the Corpus Christi Firefighters Association. He said in 1973 the firefighters fought for a local option for collective bargaining and many non -police and non -fire city employees were also in favor of it for themselves but it has not occurred. He said the Tejano Democrats have passed a resolution in favor of unionizing city employees and dues check -off. Ms. Susie Luna-Saldafia, 4710 Hakel, said the Council members asked for their support when they ran for office and now employees are seeking their support for a union. She said they need the Minutes - Regular Council Meeting October 16, 2001 Page 16 Council's authorization to allow dues check -off. Mr. Rolando P. Garza said city employees have the right of freedom of speech, to organize, and to protest against their government. He said he is proud of the city employees and union organizers who were present. Mr. Paul Vera, 3318 Casa de Amigos, said the city employees need the union and the Council's assistance. Ms. Norma Garza -Chandler, 418 Brooks, asked for dues check -off for city employees. Mr. Burton Smith, 6902 Fruitwood Dr., also spoke in support of dues check -off, saying that employees want to be part of the decision-making process. He said if it is not approved, they will exercise their voting rights. Mr. Hector Villarreal, 3605 Waterloo Dr., said he is a city employee and he is asking the Council to support dues check -off'; if they do not support it, they will be voted out. Mr. Jack Gordy, 310 Norton, said while he is not a city employee, he supports their efforts to unionize. He said it will not take additional personnel to implement dues check -off. Mr. Mark Pitt said this is a proud organization of city employees who provide vital services to the city. He said the Council can choose to act however they wish. Mr. Carlos Torres, Vice President of the Central Labor Council, read a resolution adopted by the Coastal Bend Labor Council on October 11, 2001, in support of city workers joining a labor organization and payroll deduction for membership dues in the employees' association. He said some Council members had said they would support this effort and he encouraged them to do so. Mr. Abel Alonzo, 1701 Thames, said there is no comparison between the police and fire unions and a city employees' union because city employees do not have the power to act. He questioned how many low -paid city employees will be able to afford the union dues. Mr. Juan Schaeffer, 3169 Magnolia, said many city employees have to work two jobs in order to support their families. He asked the Council members what they would do in his position. * * * * * * * * * * * * * Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi Housing Finance Corporation (Item 21). * * * * * * * * * * * * * Upon reconvening, Mayor Neal announced the following executive sessions: Minutes - Regular Council Meeting October 16, 2001 Page 17 21. Executive session pursuant to Texas Government Code Section 551.074 to deliberate the appointment of a Temporary Municipal Court Judge (Division C) with possible action related thereto in open session; 22. Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi Project #3219, Nourishment of Corpus Christi Beach - 2001, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal made a motion to adopt the following ordinance, seconded by Mr. Longoria. City Secretary Chapa polled the Council for their votes as follows: 22.a. ORDINANCE NO. 024637 Ordinance amending the City Code of Ordinances, Section 29-8, Substitute Judges, by amending amount of compensation to be paid to substitute judges. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. Mr. Longoria made the following motion, seconded by Mr. Colmenero: 22.b. M2001-396 Motion appointing Margie Flores as Substitute Judge of the Municipal Court of Corpus Christi, Texas, effective immediately and for a period as may be required and scheduled by the Presiding Judge. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said items scheduled for October 23rd include animal euthanasia practices and the South Texas Institute for the Arts expansion. Mayor Neal requested a presentation on the status of the Title 2 transition plan. He then called for Council concerns and reports. Mr. Garcia said staff will provide a presentation in two weeks. Mr. Noyola made a motion to hear a presentation on the issue of dues check -off from city staff and the United Steel Workers of America during the Council's November 13th meeting; seconded by Mr. Colmenero. The Mayor called for a voice vote and the motion passed (Garrett absent). There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:00 p.m. on October 16, 2001. r 7'