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.
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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
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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.
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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.
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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.