Loading...
HomeMy WebLinkAboutMinutes City Council - 01/08/2002I 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 January 8, 2002, which were approved by the City Council on January 15, 2002. WITNESSETH MY HAND AND SEAL, this 15th day of January 2002. Armando Chapa City Secretary SEAL 1 T MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 8, 2002 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly 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 Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Scott and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the joint and regular Council meetings of December 18, 2001. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Mechanical/Plumbing Advisory Board Patrick Scarpulla (Reappointed) L.D. "Red" Akin Mody Boatright Daniel Graf John Tucker Jr. C.C. Business and Job Development Corporation Gail Hoffman * * * * * * * * * * * Electrical Advisory Board Kyle Budd (Reappointed) Ray Mims Ernest Salazar Jr. Weed and Seed Steering Committee Joel Mumphord ** Mayor Neal called for consideration of the consent agenda (Items 3-15) and he asked that Item 3 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: Minutes - Regular Council Meeting January 8, 2002 Page 2 4. M2002-002 Motion authorizing the City Manager or his designee to execute a construction contract with King -Isles Inc. of Corpus Christi, Texas, in the amount of $41,400 for the Old Brownsville Road sanitary sewer extension (Central Kitchen West Campus, Del Mar College). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. M2002-003 Motion authorizing the City Manager or his designee to execute a construction contract with Haeber Roofing of Corpus Christi, Texas, in the amount of $32,218 for the Engineering Annex and storage building re -roof FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6. M2002-004 Motion authorizing the City Manager or his designee to execute a construction contract with Rabalais I&E Constructors of Corpus Christi, Texas, in the amount of $3,256,190 for the O.N. Stevens Water Treatment Plant chemical storage and feed system addition and upgrade - Part 2. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. M2002-005 Motion authorizing the City Manager or his designee to acquire Parcel 8 from Ray Edward Cox in connection with the minor storm drainage improvements along Jester Street, Project No. 2106, requiring execution of a quit claim deed relinquishing any city rights to Boat Hole Drive (aka Cove Drive) and Valerie Street, located on Lot 7, Section 56, Flour Bluff and Encinal Farm and Garden Tracts and payment of $4,370. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.a. M2002-006 Motion authorizing the City Manager or his designee to execute a construction management contract with Engineering & Construction Management Services Inc. of Corpus Christi, TX, in an amount not to exceed $36,000 related to the nourishment of Corpus Christi Beach. 1 r 1 Minutes - Regular Council Meeting January 8, 2002 Page 3 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.b. ORDINANCE NO. 024719 Ordinance approving Phoenix Demolition Inc.'s option to renew the "post -construction lease" to allow the right of access for the removal of 126,000 cubic yards of sand from the O.N. Stevens Water Treatment Plant for an additional twelve (12) months on the same terms and conditions of said lease. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.a. M2002-007 Motion authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $5,406.21 for the purchase of computer equipment and software for the Corpus Christi Fire Department EMS Division. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.b. ORDINANCE NO. 024720 Ordinance appropriating $5,406.21 from the Coastal Bend Regional Advisory Council in the No. 1050 Federal/State Grants Fund for the purchase of computer equipment and software for Corpus Christi Fire Department EMS Division. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.a. M2002-008 Motion authorizing the City Manager or his designee to accept a grant in the amount of $16,659 from the Texas State Library and Archives Commission for general library purposes. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 10.b. ORDINANCE NO. 024721 Ordinance appropriating $16,659 from the Texas State Library and Archives Commission in the No. 1050 Federal/State Grants Fund for general library purposes. Minutes - Regular Council Meeting January 8, 2002 Page 4 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.a. M2002-009 Motion authorizing the City Manager or his designee to accept a grant from the Texas Coastal Coordination Council in the amount of $60,000 to construct a hike and bike trail along Whitecap Boulevard. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.b. ORDINANCE NO. 024722 Ordinance appropriating $60,000 from the Texas Coastal Coordination Council in the No. 1050 Federal/State Grants Fund for construction of a hike and bike trail along Whitecap Boulevard. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.c. M2002-010 Motion authorizing the City Manager or his designee to execute a contract with the Padre Island Property Owners Association in the amount of $60,000 to construct a hike and bike trail along Whitecap Boulevard and provide $40,000 or greater of in-kind services or cash to complete the project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.d. M2002-011 Motion authorizing the City Manager or his designee to accept a grant from the Texas Coastal Coordination Council in the amount of $60,000 to construct overlooks at Falcon Park. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.e. ORDINANCE NO. 024723 Ordinance appropriating $60,000 from the Texas Coastal Coordination Council in the No. 1050 Federal/State Grants Fund for the construction of overlooks at Falcon Park. r Minutes - Regular Council Meeting January 8, 2002 Page 5 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.f. M2002-012 Motion authorizing the City Manager or his designee to accept Lots 1 & 2, Lakes 7b Subdivision, Corpus Christi, Nueces County, Texas as a land donation to the City of Corpus Christi from the Corpus Christi Industrial Development Corporation. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12.a. M2002-013 Motion authorizing the City Manager or his designee to execute Attachment No. 05 to Contract No. 7460005741-2002 with Texas Department of Health in the amount of $437,297 and providing for the Bureau of Clinical and Nutrition Services to fund group nutrition education, individual counseling, immunization services and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk during the period of October 1, 2001 through September 30, 2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12.b. ORDINANCE NO. 024724 Ordinance appropriating $437,297 from the Texas Department of Health in the No. 1050 Federal/State Grants Fund to fund nutrition education, individual counseling, immunization services and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a sixty -year lease contract with Destiny Associates Inc. for the occupancy of 450 square feet into the existing Schatzel Street right-of-way (ROW) to repair and maintain a permanent building structure, concrete facings and planters that are encroaching into the public street ROW located respectively adjacent to the north boundary line of Lot 7, Block 12, Beach Portion; establishing a fee of $1,050 as payment for the first five-year lease increment. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Minutes - Regular Council Meeting January 8, 2002 Page 6 Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 14. ORDINANCE NO. 024725 Ordinance authorizing the City Manager or his designee to execute an amendment to the lease agreement executed with Padre Soccer League on November 12, 1996, Ordinance No. 022750, to increase the leasehold area and to incorporate additional language. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 15. ORDINANCE NO. 02472E Ordinance revising Section 55-151(b) of the Code of Ordinances, City of Corpus Christi, relating to the City's water well leasing program. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, purchase of Ford Expeditions. He asked if the city utilized the General Services Commission cooperative (GSC). Mr. Mike Barrera, Procurement and General Services Manager, replied that initially the Houston -Galveston Area Council of Governments' (HGAC) cooperative bought only equipment (vehicles and construction equipment), which is why the city has used them in the past. The Mayor said he was interested in getting the best price for the equipment the city purchases. Mr. Barrera said staff can compare the prices offered by the two cooperatives. Mr. Garcia said the city uses GSC for its technology equipment purchases. Responding to Council Member Garrett, Mr. Garcia said this purchase will bring the total of Ford Expeditions to four. He said the difference between these vehicles and a police package vehicle is about $4,000. He commented on the importance of having four-wheel drive police vehicles. City Secretary Chapa polled the Council for their votes as follows: 3. M2002-001 Motion approving the purchase of two (2) Ford Expeditions from the Houston -Galveston Area Council of Governments (HGAC), for the total amount of $53,042.64. The award is based on the cooperative purchasing agreement with HGAC. These vehicles will be used by the Police Department. Funds are available in FY2001-2002 Capital Outlay Budget. These items are additions to the fleet. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 1 Minutes - Regular Council Meeting January 8, 2002 Page 7 Mayor Neal referred to Items 19 and 20, and a motion was made, seconded and passed to open the public hearing on the following zoning cases: 19. Case No. 1201-01. Glenn E. Lyons: A change of zoning from a "R-2" Multiple Dwelling District to an "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2 on Flour Bluff and Encinal Farm and Garden Tracts, Section 13, 7.89 acres out of Lots 18 and 19, located south of Williams Drive and east of South Staples Street. 20. Case No. 1201-02. Glenn E. Lyons: A change of zoning from a "R-2" Multiple Dwelling District to an "AB" Professional Office District on Tract 1 and "B-4" General Business District on Tract 2 Flour Bluff and Encinal Farm and Garden Tracts, Section 13, 7.598 acres out of Lots 18 and 19, located south of Williams Drive and east of South Staples Street. Mr. Chesney made a motion to postpone Items 19 and 20 until January 15, 2002; seconded by Mr. Kinnison, and passed. 19. POSTPONED 5 iiiap iii icIcicucc tO /.M`l ac Yon aYY lff L. Lyo is by cl,a..g,..s til Out of LOtb 18 aiid 19, Sat;o.l 13, flour Bluff a. :.gal fano aad Gard& Tra.ta, fLoin "R-2" Ml.1t�Y1� Dwcll.ng Dst..ct to ofi.ss,oual Offic District on Tract 1 and `B-4" Gcncral Busiucso DIStiic €uinpicliea751Dc Plail. 20. POSTPONED istiicl Oil laacl 1 auil 13-ial lluauiwa 1.iu,Un.,l ori Ziac * * * * * * * * * * * * * Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 21. Case No. 1201-03. DHS Enterprises, L.P.: A change of zoning from a "B-4" General Business District to an "I-2" Light Industrial District on River Square Unit 1, Block 1, Lots 1, 2, and 1.995 acres out of Lot 4 and River Square Unit 2, Block 8, 3.178 acres out of Lot 1A, located along Twin River Blvd., between McKinzie Lane and Interstate Highway 37. Minutes - Regular Council Meeting January 8, 2002 Page 8 Mr. Michael Gunning, Director of Planning, said the Planning Commission and staff recommended denial of the "I-2" and in lieu thereof, approval of a special permit for warehouses and limited outside storage subject to five (5) conditions. He showed slides of the subject and adjacent properties, stating that the applicant is proposing to develop over a period of time approximately 17 acres of land. One of the parcels is intended to be a contractors office with limited storage for a contractors yard. He said staff worked with the applicant and representatives of the Castle River neighborhood and the Planning Commission in outlining the recommendation for a special permit, which he described. He noted that the entire tract has been difficult to develop over the years. No one appeared in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Garrett, and passed. Mr. Kelly said the applicant has been a responsible corporate citizen with a long history in that part of the city. He said there has been much discussion with community leaders and neighborhood representatives and a compromise was able to be reached, which he supports. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 024727 Amending the Zoning Ordinance upon application by DHS Enterprises, L.P. by changing the zoning map in reference to Lots 1, 2, 3 and 1.995 acres out of Lot 4, Block 1, River Square Unit 1, and 3.178 acres out of Lot 1A, Block 8, River Square Unit 2, (currently zoned "B-4" General Business District) by granting a special permit for warehouses and limited outside storage subject to five conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 22. Council Member Kelly said he would be abstaining from discussing or voting on this item. A motion was made, seconded and passed to open the public hearing on the following zoning case: 22. Case No. 1201-04. Anna K. Moore -Rush: A change of zoning from "A-1" Apartment House District to "AB" Professional Office District on Bayfront Terrace, Block 4, Lot 7 and portion of Lots 8 and 9, located on the southwest corner of Ayers Street and Ocean Drive. City Secretary Chapa said the Planning Commission recommended denial of the "AB" District and in lieu thereof, approval of a special permit for medical and professional office uses subject to a site plan and five (5) conditions. The Planning staff's recommendation was denial. He said the proposed ordinance before the Council is the Planning Commission's recommendation. Mr. Gunning explained that the applicant is requesting the zoning change to allow for a different use of the two buildings on the property. He said the same rezoning request was submitted Minutes - Regular Council Meeting January 8, 2002 Page 9 in May 2000 and at that time there was a split vote by the Planning Commission recommending denial, although a special permit was proposed to limit the property's use to a medical use. In addition, a site plan was developed to regulate parking and retain the residential character of the structure. This time, however, the Planning Commission unanimously recommended denial of the "AB" District and approval of the special permit. Mr. Gunning said staff had recommended denial of the "AB" District based on prior City Council actions that established Ayers Street as the line of demarcation between non-residential and residential zoning along Ocean Drive. He added that the adopted area development plan for this area recommends that these residential properties fronting on Ocean Drive remain residential. He stated that there are valid reasons to consider a special permit for this property, including the fact that it is located on a busy corner lot. He said staff is asking that the special permit conditions recommended by the Planning Commission remain intact, which he explained. Mayor Neal asked if the adjacent lot still contains a residence. Mr. Gunning replied affirmatively. No one appeared in opposition to the zoning change. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Chesney, and passed (Kelly abstaining). Responding to Mr. Colmenero, Mr. Gunning said the Planning Commission was concerned that the other properties fronting on Ocean Drive retain their residential character, while properties located in the westerly direction of Ayers Street will be used more for office uses. Mr. Colmenero said that since the subject property will be a surgical facility, the traffic volume will be less than other uses. Mr. Scott and Mr. Noyola noted that only one person within the 200 -foot notification radius was opposed to the zoning change and several people outside the radius were in favor. Mr. Garrett asked about granting the "AB" zoning. Mr. Chapa said the Council could amend the Planning Commission's recommendation and grant the "AB" zoning outright. Mayor Neal noted that if the property is zoned "AB," the owner could tear the house down. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 024728 Amending the Zoning Ordinance upon application by Anna K. Moore -Rush by changing the zoning map in reference to Lot 7 and a portion of Lots 8 and 9, Block 4, Bayfront Terrace, (currently zoned "A-1" Apartment House District) by granting a Special Permit for medical and professional office uses subject to a site plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations to the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. * * * * * * * * * * * * * Mayor Neal referred to Item 23, and Mr. Kinnison made a motion (seconded by Mr. Minutes - Regular Council Meeting January 8, 2002 Page 10 Colmenero) to reopen the public hearing on the Hampshire Road street assessment; the motion passed. The Mayor called for public comment and there was none. Mr. Chesney made a motion to close the public hearing; the motion was seconded and it passed. Mr. Scott asked if Jhabores Construction Company was also responsible for the Denver Avenue project which staff has found to be unacceptable. Mr. Angel Escobar, Director of Engineering Services, said it was not the same company. City Secretary Chapa polled the Council for their votes as follows: 23.a. ORDINANCE NO. 024729 Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: Hampshire Road from State Highway 358 to McBride Lane; imposing assessments totaling $67,402.96 against property abutting the improvements, affected railways, and property and railway owners; fixing corresponding liens on property and charges against property owners; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 23.b. M2002-014 Motion authorizing the City Manager, or his designee, to execute a construction contract with Jhabores Construction Company in the amount of $547,852.31 for Hampshire Road Improvements from State Highway 358 to McBride Lane. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mr. Escobar said he misspoke and Jhabores Construction is the same company working on the Denver Avenue project. Mr. Scott expressed concern about awarding them the contract based on the city's previous experience with them. Mr. Escobar acknowledged that there were problems with Denver Avenue but the contractor has agreed to correct the problems. Mayor Neal questioned how this will affect the open bidding process. Mr. Chesney referred to problems which occurred with a renourishment project on Corpus Christi Beach, and he asked whether the bidding regulations would not be violated if the city had valid reasons not to award a contract. Mr. Garcia replied that he understands the Council members' concerns about the contractor; however, the issue is the low bid process. He said staff would like to liberalize the criteria to allow them to disqualify more contractors who they feel have performed unsatisfactorily. He said Jhabores Construction's actions do not meet the current criteria for disqualification for this project. He said the Council can delay this item or reject all the bids, which Minutes - Regular Council Meeting January 8, 2002 Page 11 means staff would have to rebid the project. Responding to Mr. Colmenero, Mr. Chapa said that in order to reconsider Item 23, there would have to be a motion to reconsider, a second, and approval by a two-thirds vote of the Council. Mr. Colmenero asked if the Council would be acting in a punitive manner if they did not award Jhabores Construction this contract based on their previous performance. Mr. Garcia replied affirmatively. Mr. Escobar said this contract involves new construction while the Denver Avenue project involved retrofitting and minor drainage work. City Attorney Bray said that in order for the Council to pass on the low bidder, it would have to be on the basis that the contractor would be less likely to successfully complete the job than the next bidder. In addition, the city would have to notify the low bidder that they were proposing to give the award to the second bidder so the low bidder would be able to make a case about his responsiveness. In reply to Mr. Kinnison, Mr. Escobar said Jhabores Construction has successfully completed other city projects and they continue to be responsive. He said staff will meet with the contractor to finalize the actions that need to be taken on the Denver Avenue project. In response to Mr. Kelly, Mr. Escobar described the problems that occurred on that project. He added that the petition to improve Hampshire Road was submitted in 1992. Mr. Chesney said that according to the City Manager's report, a Council request was made on November 20, 2001 to respond to citizens' concerns about stormwater issues in Jackson Place. He said the Council has not yet received a response and/or a timetable for corrective actions from the contractor. Mr. Escobar said that a city surveying crew took elevations to determine the problems regarding that project and met with the affected homeowners. He reiterated that they hope to have a timetable from the contractor this week or next week. Mr. Chesney then made a motion to reconsider Item 23 so as to table it for two weeks in order to get a time table from the contractor regarding his work on the Jackson Place project. Mr. Scott seconded the motion, saying he did not want to stop the Hampshire Road project but he wants a solution from the contractor. Mr. Chapa polled the Council for their votes on the motion to reconsider Item 23, and it failed to pass by the following vote: Neal, Chesney, Garrett, Noyola, and Scott voting "Aye"; Colmenero, Kelly, Kinnison, and Longoria voting "No." (Note: The motion to reconsider required a two-thirds vote of the Council to pass.) Mr. Longoria asked who is conducting inspections on the Jackson Place project. Mr. Escobar said they are staff members from Engineering Services' Construction Inspection Division. Mr. Garcia reiterated that there was work done that did not meet the standards and it is being corrected. Mayor Neal requested a report on the progress of the Jackson Place project. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 16) was regarding the proposed development of Artesian Park. The Mayor recognized Mr. Ed Harte, a major donor to this project. Mr. John Dykema, a local architect, said he was present on behalf of Minutes - Regular Council Meeting January 8, 2002 Page 12 the Coastal Bend Community Foundation (CBCF) in order to present a preliminary design for the renovation of Artesian Park. He said this effort has been made possible by a generous financial gift from Mr. Harte and a generous gift of land by the Rowling family. He said the donations are purely philanthropic and they represent Mr. Harte's and Mr. Rowling's commitment to the well-being of Corpus Christi and their interest in history. Mr. Dykema said the CBCF is proposing that the National Park Service participate in the project to sponsor and develop the historical interpretive display and to include the park in their promotional brochures. He said the park will continue to be owned by the City of Corpus Christi and the park service has said they would like a resolution of support from the city government for their participation. In addition to being beneficial to the city, the park will, according to organizers, give the city additional state and national recognition as a significant place in the historic landmark program. Mr. Dykema introduced Mr. Peter Walker, a senior partner in a San Francisco landscape architecture firm and a former chairman of Harvard University's landscape architecture department. He is currently working in Dallas, Austin and Corpus Christi. Mr. Dykema said this is the first public presentation of the project and following it, they will hold a public forum at the Museum of Science and History. Mr. Walker showed several slides of the existing site as well as the proposed project. He noted that currently there is very little development around the park which, if the project is approved, will be augmented by Mr. Rowling's donation of an adjacent vacant lot. Mr. Walker said Artesian Park receives a limited number of visitors, although it does have several trees and is conveniently located in the downtown area within walking distance from hotels. Mr. Walker said it was on that site that the largest assemblage of soldiers in the history of the United States encamped for about six months prior to the Mexican -American War which began in 1846. He said this encampment of 4,000 to 5,000 troops and officers was thought of as the first professional standing army of any size in the United States. He said the troops were commanded by General Zachary Taylor and a series of young, recent graduates of West Point, whom he named. He said one of the reasons the Mexican -American War has received very little attention is probably because it was followed shortly by the Civil War. He said the lack of information about the war created several design challenges for the park project. While conducting his research, Mr. Walker said he encountered images of the U.S. encampment as well as pictures of the symbols of the government of Mexico. He said that when constructing a narrative landscape, a symbol is needed. Mr. Walker's proposed design involves a grassy ziggurat (symbolizing the pyramids of Mexico) in one part of the park and a second area consisting of miniature pup -tents (illustrating the U.S. encampment) underneath the existing trees, all of which are encircled with additional trees. He said there will also be a path through the center containing historical markers and a central fountain representing the artesian well. Mr. Walker also further explained how the park will benefit a variety of users. Minutes - Regular Council Meeting January 8, 2002 Page 13 Mayor Neal asked if any provisions are made for maintenance of the park in Mr. Harte's donation. Mr. Jim Moloney, Executive Director of the CBCF, said they presently have $1 million, which is the budget for the project. He said they intend to seek additional donations in the future. Mr. Walker said the park will not require an extraordinary amount of maintenance and he emphasized the importance of the city's participation in the project. Responding to Council Member Scott, Mr. Walker further explained the symbolism of the ziggurat. Mr. Scott asked about the level of the city's commitment. Mr. Walker said that in order for the National Park Service to participate, the project needs a sponsor and a resolution from the city of its support. He said the park service will then advertise the park throughout its system and provide its expertise regarding the best way to commemorate the historic events. In addition, monies would then be made available through several foundations. Mr. Scott also asked Mr. Walker to discuss the concerns that have been raised about the project. Mr. Walker said they have to do with maintenance, use of the funds, and the historical aspect. He said since this war is not very well known, there are controversies about it that have not been resolved. However, the war's importance is extraordinary, particularly with regard to the U.S. and Mexican boundaries that resulted from it. Council Member Noyola said he has received very many letters and calls from people who are opposed to the park project. He said he and they feel it is an insult to their culture since America took their land away from them. He said he hopes Mr. Harte will find another use for his donation. Mr. Walker used the example of Holocaust museums throughout Germany which, although they were very painful for survivors to visit, still kept the issue alive. He said there was also controversy surrounding the Vietnam Memorial. Mr. Walker said he understands Mr. Noyola's feelings, adding that this is a view of how one uses history. Council Member Kinnison asked about project cost estimates. Mr. Walker said they have $1 million and Mr. Rowling's promise of the land donation, which equates to about $200,000. He said they also have ideas on how to acquire additional monies. Responding to another question from Mr. Kinnison, Mr. Norbert Hart, Director of Housing and Community Development, said the city allocated $100,000 in CDBG funds only for design and historical preservation aspects of the project. Mr. Kinnison asked what will be the next step and what action will the Council be asked to take. Mr. Dykema said the project supporters intend to solicit input from various groups. Mr. Garcia said there needs to be some consensus on the design because right now that site does not exist --the project requires an agreement to use the city's land as well as Mr. Rowling's land donation. He said city staff does not have a cultural or artistic opinion about the project. He said he believes this is a community decision, part of which can be reached through the participation of the Council's boards and committees. Mr. Kelly said he thought Mr. Walker had indicated that the requested resolution would not be tied to the current design. Mr. Walker replied that a board member trying to make a cultural judgement would want to know what the plans for the project are, the price, and the message that Minutes - Regular Council Meeting January 8, 2002 Page 14 will be conveyed through the historical markers. Mr. Kelly said he has received letters in opposition from very diverse communities, including Hispanics and descendants of Anglo pioneers. Mr. Moloney said they hope to build a park that will tell the story of the Mexican -American war from both sides. In short, the United States instigated a war and achieved a relatively significant land -grab by paying Mexico $15 million for Texas, New Mexico and California. He agreed with Mr. Noyola that wounds exist; however, he said, that does not change history. Council Member Colmenero explained that at one of the battle sites of the war in Mexico City, teenage cadets who defended the castle there are revered by Mexican citizens. He asked if the planners had consulted with Mexican historical scholars. Mr. Walker said he recognizes the need to use symbols which are respectful and are a setting in which historical discussions can take place. He reiterated the important contribution that the National Park Service can make in that regard. Mr. Colmenero said he believes that if the park is built, there needs to be some type of official international dedication. He also discussed specific aspects of the design and maintenance. Council Member Longoria said it is not unusual for the Council to debate art and he said he fails to see the insult in this issue, although he recognizes there are different opinions about it. Mr. Walker said he agrees with Mr. Longoria that nothing is served by not talking about historical events. Mr. Longoria said he thinks the design should be shown to the applicable boards for their input. Mayor Neal thanked Mr. Harte for his generous offer and he asked what the next step is. Mr. Tony Cisneros, Director of Park and Recreation, said they can make presentations to the Park and Recreation Advisory Committee, Landmark Commission, and the Arts and Cultural Commission within the next two months. The Mayor said the Council is of the opinion that the project needs to go through the established process and then solicit public opinion. Mr. Colmenero reiterated that the Mexican government should also be consulted. The Mayor called for a brief recess. * * * * * * * * * * * * * The second presentation (Item 17) was the third quarterly update of Bond Issue 2000. Mr. Escobar noted that this information can be accessed on the city's website. First, he updated the Council on the 1986 bond projects and the TIP projects. The completed projects are Airline Road; Alameda, Santa Fe and Weber; and Cornett Drive; Kostoryz Road is 80% complete and scheduled for May 2002; Leopard Street (all three phases) is 90% to 95% complete; McArdle Road, Phase 1 is 75% complete; McArdle Road, Phase 2 is 95% complete; and although not a 1986 bond project, Spur 3, Phase 2 between Ocean Drive and SPID is 46% complete. Mr. Escobar then discussed the Bond 2000 projects. He said 32 contracts have been awarded for a total of $4.3 million. He referred to diagrams of the time lines of the three major groups: public health & safety and park & recreation/museum; street improvements; and the sales tax projects (the multipurpose arena and the seawall reconstruction). Mr. Escobar noted the street improvements total $20.7 million with an additional $18.5 million in related utilities projects. Responding to Council Member Garrett, Mr. Escobar said the city has received a proposal from Koch about the availability of land north of IH -37 for the police and fire training facility. i T' Minutes - Regular Council Meeting January 8, 2002 Page 15 Mayor Neal referred to Item 18, a public hearing on the capital improvement program (CIP) budget for FY 2002. Mr. Mark McDaniel, Director of Management and Budget, noted that he had given the Council a presentation on December 18, 2001 regarding enhancements to the CIP, which is a planning tool for the Council. With regard to Year 1 of the capital budget (FY 2002), which Mr. Escobar discussed in the previous presentation, the expenditures include 44% for utilities; 43% for public facilities; 9% for public health and safety; 4% for streets and 1% for park and recreation. The largest revenue source is commercial paper at 29% of the total, followed by the sales tax bond issue 2000 at 27%. He also referred to diagrams of the short-range CIP expenditures and revenues by category for the fiscal years of 2002, 2003 and 2004. Mr. McDaniel then discussed each of the categories of projects. He explained that for the long-range CIP (which begins in FY 2004), staff incorporated the projects that were not included in the 2000 bond issue so that everything is open for discussion. With regard to the airport, he noted that the CIP does not depict any short-range projects because they are currently underway and the money has already been appropriated. The major airport long-range CIP projects are the runway extension (54%) and land acquisition (23%). The park and recreation short-range CIP includes bayfront park improvements (66%) and neighborhood park improvements (28%); he said there are a variety of long-range projects, such as golf course improvements. Mr. McDaniel said the short-range CIP for public facilities consists of the arena (62%) and the convention center (38%). The long-range plan for that category includes library expansion/new library (55%), Memorial Coliseum improvements (40%), and museum improvements (5%). The short-range public health & safety projects include the local matches for the JFK Causeway ($4 million) and Packery Channel ($10.4 million). The long-range CIP consists of a training facility (40%), new fire stations (17%), police substations (14%), and police headquarters expansion (7%). With regard to the street programs, he said the short-range CIP includes the city's matching funds for the TXDOT projects as well as the balance of the Bond 2000 projects for the utility relocations. The long-range CIP contains a variety of different projects for street improvements, resurfacing and neighborhood street reconstruction. The Budget Director discussed the gas short-range CIP, which incorporates design and construction of Part A of the southside transmission main project as well as land acquisition and design of Parts B-E (54%); reservation fees (32%); and compressed natural gas station (14%). The long-range CIP includes additional elements of the southside transmission main and reservation fees. Mr. McDaniel said the stormwater master plan, which should be completed in December 2002, will affect the long-range CIP, while the short-range CIP includes minor drainage improvements (55%); bridge rehab/replacement (29%); and rolled curb and gutter replacement (16%). With regard to wastewater, there are several medium- to small -sized projects in the short- range CIP while the largest single project in the long-range plan is the Broadway Treatment Plant diversion project (30%). At 46%, the southside transmission main (Phase 2) is the largest short-range water project, while Phases 6 and 7 constitute 28% of the long-range plan. Mr. McDaniel said the water supply projects in the short-range plan include the Garwood pipeline (49%), Rincon Bayou (32%), and Padre Island desalination plant (3%), among others, while the Garwood pipeline takes Minutes - Regular Council Meeting January 8, 2002 Page 16 up 90% of the long-range CIP with the desalination facility study constituting the other 10%. Mr. McDaniel then discussed the combined utility rate model, which assumes the inclusion of the entire short-range and long-range CIP for utilities; indicates the need for a 6% base rate increase per year for all three utilities; and requires an additional increase for the raw water charge to support the water supply projects. He also discussed the importance of the 25% reserve amount of working capital in relation to the operating expenditures. City Manager Garcia pointed out that according to the rate model, the revenues will drop below the 25% reserve in FY 2006-07 and stay below that amount until FY 2010-11. He cautioned the Council against diverting from the rate model because he said the consequences of doing so are severe. Mr. McDaniel said that during the Planning Commission public hearing on December 19, 2001, the members approved the FY 2002 capital budget and capital improvement planning guide with high priority given to the following long-range CIP projects: change the scope of the Everhart Road project to include the area from Holly Road to Yorktown Boulevard; add a downtown infrastructure master plan and associated improvements; move forward with the police substations; and include a hike and bike trail master plan. Mr. McDaniel pointed out that in order for a project to be moved out of the long-range plan and into the short-range plan, it would have to have an identified funding source. Council Member Scott made a motion to open the public hearing for Item 18; the motion was seconded and it passed. Council Member Kinnison said he would like the Council to delve into several of the projects to determine if, for example, their construction schedule can be changed, which ultimately affects the amount of money that is needed to fund them. He said the utility rate model raises customers' rates over five years. He said he would like to look at other ways of funding the projects, such as a bond program, General Fund monies, available uses of the economic development sales tax dollars, and other options. Mr. Kinnison said there needs to be a philosophical discussion about many aspects of the CIP, such as the need for increases in gas rates even though the short-range CIP does not contain any gas projects in Years 2 and 3 and the gas revenues are, in effect, subsidizing the water and wastewater projects. He also asked if the average citizen would fare better financially with a 1 -cent property tax increase than a 1% increase in utility rates. Mr. Garcia pointed out that the city can only afford water and wastewater improvements because it does not have the capacity to fund other kinds of improvements without raising taxes. In addition, the City Charter prohibits the funding of non-utility capital improvements from any other source than the General Fund. He said the utility rate increases are being driven by several very large projects, such as the Garwood pipeline, southside transmission main and the desalination facility. Mr. Kinnison said the year the projects are proposed to be funded has an impact on the rate model. Mr. Garcia commented on the need to repair and replace the city's deteriorating utility infrastructure. He said these issues are being faced by every other community in Texas. If Minutes - Regular Council Meeting January 8, 2002 Page 17 Mayor Neal postponed further discussion on Item 18 because it was time to hear petitions. Mr. John Felan, representing the Coastal Bend Blood Center, said that President Bush has declared January as National Volunteer Blood Donor Month. He said a blood drive will be held at City Hall on January 15th and he encouraged everyone to donate blood, including the Council members, who can set a good example. Mr. Leon Loeb, 921 N. Chaparral, said he and his partner own the building at that address, which is adjacent to Artesian Park. He asked the Council to favorably consider Mr. Harte's offer because that portion of downtown needs an infusion of money to stimulate development. Mayor Neal returned to the discussion on Item 18, capital improvement program. Mr. Kinnison said he does not support every project in the CIP and changing some of them and eliminating others will affect the utility rate model. He said a 1 -cent property tax increase for a $100,000 home is $10 per year, whereas the utility rate increases will affect a homeowner by $38 per year, no matter what size home they own. Council Member Colmenero suggested that the CIP be further discussed in a workshop setting. Council Member Noyola expressed concern about the proposed utility rate increases, saying that citizens are continually hit with such increases. Mr. McDaniel said every year during the budget process the Council will have the opportunity to review the proposed rate increases. He said this document is a starting point for more extensive discussions about the projects. Mr. Garcia said every project in the plan was included at the direction of this Council or previous Councils. Responding to Council Member Scott, Mr. McDaniel said that with regard to the actual expenses for FY 2000-01, which had a 45.5% reserve, the city fared much better than it budgeted for water; however, the target is to remain above 25%. Mr. Garcia discussed the difficulty the previous Council had in downsizing the Bond 2000 projects --all the eliminated projects are in the CIP and are still unfunded. He said even as the General Fund debt capacity increases in a few years, the city will not have the capacity to fund the projects that need to be constructed. He added that he thinks staff is presenting a balanced program. Mayor Neal suggested that the Council defer discussion on the long-range CIP until the Council retreat. Mr. Noyola noted that many of the projects have other costs associated with them, such as utility projects in conjunction with street projects. As a result, he said, the city is not being up front with citizens about the true costs of the projects. The Mayor called for public comment on Item 18 and there was none. Mr. Garrett made a motion to close the public hearing, which was seconded and passed. City Secretary Chapa polled the Council for their votes as follows: 18.b. FIRST READING ORDINANCE Ordinance approving the FY 2002 Capital Budget in the amount of $152,674,800. ■ Minutes - Regular Council Meeting January 8, 2002 Page 18 The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Council Member Garrett asked why the Council was going into executive session to discuss the development of the marina. City Attorney Bray replied that there are three bases which allow the Council to hold an executive session on that issue. The first is the economic development exception, which allows the Council to deliberate commercial or financial information the city has received from an economic business prospect. He said the Council can also deliberate the offer of a financial or other incentive to a business prospect and the issue is also permissible under the real estate exception. The primary basis of all the proposals are leases which involve real estate. Council Member Chesney said he does not want there to be a public perception that the Council is going into a "back room" to discuss the marina proposals. He added that he is opposed to going into closed session. Mayor Neal emphasized that the Council was not going to be voting on anything. The Mayor then announced the following executive sessions: 24. Pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 regarding proposals for development of the Corpus Christi Marina, with possible discussion and action related thereto in open session. 25. Pursuant to Texas Government Code Section 551.071 for legal advice regarding Priscilla G. Leal v. the City of Corpus Christi, et al No. 01-0253-E, 148th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 26. Pursuant to Texas Government Code Section 551.074 regarding appointment of Municipal Court Judges, 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 the following motion, which was seconded by Council Member Longoria: 25. M2002-015 Motion authorizing the City Manager to execute documents to settle Priscilla G. Leal v. the City of Corpus Christi, et al No. 01-0253-E, 148th District Court, Nueces County, Texas, for $80,000 as recommended by the City Attorney. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mr. Longoria then made the following motion, which was seconded by Mr. Chesney: 26. M2002-016 Motion appointing Margie Flores as Judge of the Municipal Court of Corpus Christi, Texas, Division B, and setting her salary at $54,105 to a term coterminous with that of the City Council. T' 7 Minutes - Regular Council Meeting January 8, 2002 Page 19 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ************* Mayor Neal called for the City Manager's report. Mr. Garcia said next week the Council will have a joint meeting with the Convention and Visitors Bureau at noon, followed by the regular meeting. Mayor Neal called for Council concerns and reports. Mr. Chesney referred to a press release about the recycling plan. Mr. Ron Massey, Assistant City Manager, explained that the city applied for a grant to create a recycling drop-off center at the J.C. Elliott Landfill, which will allow staff to test the concept and improve landfill operations. He added that currently there are no plans to curtail the current brush pick-up service or curbside recycling. He said staff will discuss those issues further as part of the solid waste business plan. Mr. Chesney asked that efforts continue on the problems at Chenoweth Drive. Mr. Chesney also asked about the recent grievance that was filed regarding allegations that the Police Chief lied to the City Council about the input he received on community policing. He said he and at least one other Council member specifically asked Chief Alvarez about that issue. Mr. Garcia said if the Council wished to discuss that issue it should be during an executive session. He added that he is addressing the situation. Mr. Garrett said he read a letter to the editor about a city employee who performed commendable service and he asked staff to recognize him. Mr. Kinnison noted that the National League of Cities spring conference will be held March 8-12 in Washington, D.C. He said in past years that conference has conflicted with Council meetings. For this year, he asked the Council to consider meeting on March 5th instead of March 12th. There was general concurrence of the Council to meet on March 5th and not on March 12th. Mr. Kinnison also asked the Council to consider holding their retreat on Friday, March 15th. Mayor Neal agreed, saying that the retreat will be held at the Museum of Science and History. Mr. Noyola said he had received letters from golfers complaining about the cart rental fees; he added that the greens look terrible. He also said staff needs to ensure that Municipal Court fines that are paid are properly recorded in the court's system. Mayor Neal asked Mr. Garcia what staff planned to do about the marina proposals (Item 24). Mr. Garcia replied that presentations will be made to the Water/Shore Advisory Committee and the Downtown Management District. Once that input is received, staff will make a recommendation to the Council on a marina developer. Mr. Scott requested information about the golf course fees and he noted that Assistant City Manager Tom Utter will be retiring from the city after 32 years of public service (25 years with the City of Corpus Christi); his retirement party is January 18th. Mr. Colmenero commented on several emails he has received regarding animal control, and Mr. Kinnison said he intends to reply to such emails with a letter from Mr. Garcia regarding that issue. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 8:12 p.m. on January 8, 2002.