HomeMy WebLinkAboutMinutes City Council - 03/26/2002I 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 March 26, 2002, which were approved by
the City Council on April 16, 2002.
WITNESSETH MY HAND AND SEAL, this 16th day of April 2002.
SEAL
Armando Chapa
City Secretary
'f T
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 26, 2002
1:07 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Brent Chesney
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
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 Pastor Shane Kinnison, Parkdale Baptist Church, and the Pledge of Allegiance to
the United States flag was led by Council Member Kinnison. 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 Council retreat meeting
of March 15, 2002 and the regular Council meeting of March 19, 2002. A motion was made and
passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-13). Council members
requested that Items 4 and 5 be discussed. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes and the following passed:
2. M2002-078
Motion approving a supply agreement with Pencco Inc. of San Felipe, Texas, for
approximately 2,050,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI -
0062 -02 based on low bid for an estimated annual expenditure of $466,375. The term of the
supply agreement will be for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted in FY2001-2002 by the Wastewater Department.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
3. M2002-079
Motion approving a supply agreement with R&R Delivery Service of Corpus Christi, Texas,
Minutes - Regular Council Meeting
March 26, 2002
Page 2
for meal delivery service consisting of the delivery of approximately 126,002 meals for the
Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance
with Bid Invitation No. BI -0061-02 based on low bid for an estimated annual expenditure
of $134,822.14. The term of the agreement will be for twelve months with options to extend
for up to two additional twelve-month periods, subject to the approval of the contractor and
the City Manager or his designee. Funds have been budgeted by the Senior Community
Services of the Parks and Recreation Department in FY2001-2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6.a. ORDINANCE NO. 024807
Ordinance appropriating $206,250 from the Unreserved Fund Balance in Wastewater Fund
No. 4200 for services to update wastewater infrastructure data; amending Ordinance No.
024528 which adopted the FY2001-2002 operating budget to increase appropriations by
$206,250.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6.b. M2002-082
Motion authorizing the City Manager or his designee to enter into an agreement with EMA,
Inc. of Horton, Texas, for geographic information system (GIS) -related services for an
amount not to exceed $494,000. Services included are to update and confirm the water and
wastewater infrastructure data; to design the geodatabases for the Utilities; and convert the
data to ESRI's ArcGIS software and migrate it to the geodatabases. Funds are available in
the Gas, Stormwater, Water and Wastewater Departments.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6.c. M2002-083
Motion authorizing the City Manager or his designee to enter into an agreement with Spatial
Solutions of Fort Collins, Colorado, for an amount not to exceed $51,810. Services included
are to convert the basemap and parcel data to ArcGIS software and migrate it to the
geodatases. Funds are available in the Municipal Information Systems Fund.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
March 26, 2002
Page 3
7. M2002-084
Motion authorizing the City Manager or his designee to execute a construction contract with
Miller & Miller Mechanical Contracting Company Inc. of Corpus Christi, Texas, in the
amount of $40,171 for the Memorial Coliseum air handler replacement project FY2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8. M2002-085
Motion approving the application from the Art Community Center of Corpus Christi to
temporarily close Cooper's Alley between northbound and southbound Shoreline Boulevard
between the hours of 7:00 a.m. & 7:00 p.m. on April 13-14, 2002 for the Artfest 2002 event.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9. ORDINANCE NO. 024808
Ordinance amending Section 10-86 of the Code of Ordinances, City of Corpus Christi,
regarding beach user fees; providing for penalties.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10. RESOLUTION NO. 024809
Resolution authorizing the City Manager or his designee to execute Change Order No. 37
with the Texas Department of Transportation in the amount of $48,535.20 for the installation
of groundboxes for future street lighting as part of the Spur 3, Phase 2, Ennis Joslin Road
construction contract.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11.a. RESOLUTION NO. 024810
Resolution authorizing the City Manager or his designee to accept Amendment No. 2 for the
Federal Aviation Administration Multi -Year Grant No. 3-48-0051-28-00 in the amount of
$115,658.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
-r-
Minutes - Regular Council Meeting
March 26, 2002
Page 4
11.b. ORDINANCE NO. 024811
Ordinance appropriating $115,658 from Federal Aviation Administration Grant No. 3-48-
0051-28-00, Amendment No. 2 in the No. 3020 Airport Capital Improvement Fund for the
terminal reconstruction program.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
12. ORDINANCE NO. 024812
Ordinance amending the Code of Ordinances, Chapter 53 -Traffic, Section 53-250 - Schedule
I, One -Way Streets and Alleys, Section (A-1) School Areas, by establishing a time -restricted
one-way traffic pattern on Panama Dr. in the westbound direction from Kingston Drive to
Carroll Lane during the school hours of Kostoryz Elementary School; providing for penalties.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances, Chapter 53 -Traffic, Section 53-250 - Schedule
I, One -Way Streets and Alleys, Section(a), by establishing a one-way traffic pattern on
Riverwood Drive in the northbound direction of travel from F.M. Highway 624 (Northwest
Boulevard) to River Hill Drive at all times; providing for penalties.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4, benefits administration module. In response to
Council Member Kelly, Assistant City Manager Jorge Cruz-Aedo explained that that module was
acquired with the original PeopleSoft software. Precision Task Group Inc. is being hired to
implement the application. He said the use of this software in the Risk Management Department will
help avoid future costs. City Secretary Chapa polled the Council for their votes as follows:
4. M2002-080
Motion authorizing the City Manager or his designee to enter into a contract with Precision
Task Group Inc. of Houston, Texas, for consulting services for PeopleSoft benefits
administration module implementation in accordance with the State of Texas Cooperative
Purchasing Program for a total amount of $85,140. Funds have been budgeted by Risk
Management in FY2001-2002.
Minutes - Regular Council Meeting
March 26, 2002
Page 5
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 5, purchase of software and services. Council
Member Scott asked about this purchase. Mr. Ogilvie Gericke, Director of Information Systems,
explained that this software will constitute the "back -end" system for building permits, business
licenses and code enforcement. City Manager Garcia said the city is in the process of transitioning
from a paper system to a computer system for those applications by automating the data base.
Eventually, several applications will be available on the city's internet site. Council Member
Longoria asked if this will be part of the "one-stop" center for building permits and other services.
Mr. Garcia said this is part of that foundation. City Secretary Chapa polled the Council as follows:
5. M2002-081
Motion authorizing the City Manager or his designee to purchase software modules, services,
and vendor travel expenses for on-site services for Building Permits, Business Licenses and
Code Enforcement from HTE Inc. of Lake Mary, Florida, in an amount not to exceed
$102,200 for the departments of Development Services and Housing and Community
Development.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal deviated from the regular agenda and went to the first presentation (Item 18),
a project update by the Waters Consulting Group Inc. on the development of a compensation and
classification system for all city employees except Police and Fire personnel covered by collective
bargaining agreements.
Ms. Ruth Ann Edwards, a consultant with Waters Consulting Group (WCG), introduced Mr.
Rollie Waters, CEO of the firm. Ms. Edwards gave a comprehensive computer presentation about
the goals of the compensation study and the progress made to this point. She said the first step is to
ensure that the city's system complies with federal legislation (ADA, Fair Labor Standards Act,
EEO, etc.). She said WCG is also looking at how the city has established its pay structure within the
organization (internal equity), market competitiveness, and budgeting issues.
Ms. Edwards then discussed the project overview. She noted that WCG has been working
with the City Manager, a steering committee consisting of city employees, a job evaluation team and
now the Council to receive feedback on different policies and objectives throughout the study. She
pointed out that WCG is tailoring the program to meet the city's individual needs.
Minutes - Regular Council Meeting
March 26, 2002
Page 6
Ms. Edwards said that an initial planning session was held in August 2001 and much progress
has been made since then: the job evaluations have been completed, the internal hierarchy of jobs
has been established, and the market data has been gathered and applied to the individual employees.
She said now WCG can develop a salary structure and they will be coming back to the Council in
April to discuss how to implement it for individual employees. She said the end result will be a pay
system that has administrative policies and procedures, so that not only will city officials be able to
manage how employees are handled in the pay system on a daily basis, they will also have
information on how to keep the system up-to-date and in line with the outside market.
The WCG consultant further discussed specific aspects of the study, including the
communication strategy; development of the job descriptions and the point factor job evaluations;
establishment of a market policy; and key considerations in designing a customized salary structure.
She noted that one of the ways the city reduced the cost of the project was to have WCG train
employees to complete the job description revisions once the access data base was developed. Ms.
Edwards said the last part of the project will consist of the following tasks: salary policies and
procedures will be finalized; movement through the pay ranges will be established for future
maintenance; recommendations for pay increases will be presented; program maintenance using a
specific software program will be established; and a formal presentation will be made to the Council.
Responding to a question from Mayor Neal, Mr. Garcia said staff is planning a phased
implementation of the results of this study. Council Member Kinnison posed a hypothetical situation
about changing pay ranges. Ms. Edwards said there are several policy decisions the Council will
need to make about those issues. Mr. Waters pointed out that different departments may have
different issues and WCG will be making recommendations on how to handle all of them. He
acknowledged that implementation of the results will be driven by the financial resources that will
be available. He said WCG factors in cost -of -living differentials in different markets.
Responding to Council Member Colmenero, Ms. Cynthia Garcia, Director of Human
Resources, and Ms. Edwards explained specific aspects of the study. Council Member Scott asked
about the benefits survey. Ms. Edwards said it will include not only medical insurance but also paid
leave and special types of pay. In reply to another question from Mr. Scott, Mr. Garcia said there are
a wide range of job categories in which the city is out of balance in comparison to other markets.
However, he said the question is the amount of money the city can afford to spend to bring those jobs
in line with the market. He said one of the reasons WCG received such good cooperation from
employees is because they expect the study to affect their compensation. Council Member Noyola
asked for a list of the steering committee members and Ms. Garcia discussed its composition as well
as the make up of the job evaluation team.
Mayor Neal recessed the Council meeting to read the day's proclamations.
* * * * * * * * * * * * *
Upon reconvening, Mayor Neal referred to Item 14, and a motion was made, seconded and
passed to open the public hearing on the following zoning case:
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March 26, 2002
Page 7
14. Case No. 0202-05. Ata O. Mali and Taybeh Mostagahsi: A change of zoning from an "F -R"
Farm -Rural District to an "R -1B" One -family Dwelling District on Flour Bluff and Encinal
Farm and Garden Tracts, Section 19, being 7.5 acres out of Lots 11 and 12, located on the
north side of Wooldridge Road, approximately 150 feet west of Windsong Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"R -1B" One -family Dwelling District. No one appeared in opposition to the zoning change. Mr.
Chesney made a motion to close the public hearing, seconded by Mr. Kinnison, and passed. Mr.
Chapa polled the Council for their votes as follows:
ORDINANCE NO. 024813
Amending the Zoning Ordinance upon application by Ata O. Azali and Taybeh Mostagahsi,
by changing the zoning map in reference to 2.5 acres out of Lot 11 and 5 acres out of Lot 12,
Section 19, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm -Rural
District to "R -1B" One -family Dwelling District; 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, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
The second presentation (Item 15) was regarding the emergency home repair grant program.
Mr. Norbert Hart, Director of Housing and Community Development (HCD), said it is designed to
assist home owners ages 62 or older and/or disabled individuals with no age limit with repairs to
their homes. He said the program provides a means for very low-income home owners to have
defects in their homes repaired which would otherwise endanger their health and safety.
Mr. Hart said the grants, which cannot exceed $6,500 each, only address the following home
repairs: roofing, plumbing, electrical, heating systems, accessibility modifications, and minor
structural defects associated with those repairs. The program was started in October 1984 and it has
assisted more than 2,297 elderly and disabled persons. Organizations which participate in repair and
assistance programs are the Kiwanis Clubs, United Methodist Church (Sea City Work Camp), and
the Corpus Christi Police Department (Community Relations Division).
Mr. Hart said the annual funding for the emergency repair grant program comes from the
Community Development Block Grant (CDBG) program. He said the HCD staff submits funding
recommendations to the Planning Commission, which reviews all the applications and in turn makes
recommendations to the City Council, which has the final approval. Total approved funding has
ranged from $250,874 in 1984 to $900,000 in 1997; the last five fiscal years the funding level has
remained at $850,000. He also discussed the specific eligibility criteria and income limits.
With regard to grant processing, Mr. Hart explained that all applicants are seen by HCD staff
Minutes - Regular Council Meeting
March 26, 2002
Page 8
members, who assist them in filling out the applications. The program is explained and a housing
assessment form is completed to determine if the applicant has an existing or impending hazard. He
said if it is determined that a hazard does not exist, the applicant's name is placed on a waiting list
(which may take as long as a year); otherwise, the case is processed immediately. The average
processing time for a non -hazardous grant is about two to four months from the date the
homeowner's name is selected from the waiting list to the completion date. The actual construction
time is 15 working days (three weeks). He said about 20 cases a month are elected from the waiting
list on a "first come, first served" basis, which conforms to the non-discriminatory procedures
established in the Fair Housing Act.
The HCD Director also discussed the criteria for determining a hazard and characteristics of
the grant program's waiting list. He noted that people who have received prior assistance make up
a major portion of that list, which creates an additional delay for first-time applicants. Mr. Hart then
reviewed statistics of the emergency repair grant program and services provided by the HCD
Department. He said the grant funds required to address the applicant waiting list are $911,662. He
also reviewed the contractor recruitment criteria and characteristics.
Mr. Hart said staff was recommending the following: eliminate the requirement for workers
compensation; increase the program funding level to $1.2 million; revise the current program policy
to reflect that applicants can only apply once for assistance; retain second -time assistance for true
hazards; and revise the retainage to $100 or 5% (starting at $2,000). He said staff intends to bring
back additional information during the Corpus Christi Community Improvement Corporation annual
meeting in April.
Mayor Neal said staff s request for additional funding for the emergency repair grant program
will have to be considered along with all the other requests during the upcoming CDBG hearing. He
added that personally he would not approve eliminating the workers compensation requirement.
Council Member Colmenero referred to the lengthy waiting list, and Mr. Hart said that
limiting the program to first-time applicants would significantly reduce it. He added that second
applications should be allowed for legitimate hazards. Responding to a question from Mr.
Colmenero, Mr. Hart said the eligibility guidelines have been in place since the program's inception.
Responding to Council Member Kelly, Mr. Hart said that any monies that are not spent as
part of the Annual Action Plan (which includes the CDBG program) are reallocated by the Council.
He said the time period to process a grant is now about nine months. He added that this year's
allocation for the emergency repair grant program has already been expended, although some money
has been reserved for true hazards. He said staff has been working to streamline the process and now
the problem is a lack of sufficient funding.
Council Member Longoria said he thought that staff should make every effort to satisfy
citizens' concerns about whether or not a hazard exists in their homes. Mr. Hart said staff does not
physically inspect the house of every applicant unless they identify a hazard. Mr. Longoria said that
if an applicant has not used all of the $6,500 in allocated grant funds, he does not consider them
Minutes - Regular Council Meeting
March 26, 2002
Page 9
second -time applicants. Mr. Hart reiterated that such participants lengthen the waiting period for
first-time applicants. Additional discussion ensued about the application process.
In reply to other questions from Mr. Longoria, Mr. Hart said that in the emergency repair
program, the contractors are paid in a lump sum at the end, while in the rehab program (such as with
$50,000 contracts) contractors get draws as they proceed. City Attorney Bray said that since those
contracts are for private homes and not public works projects, the statute does not apply.
Mr. Hector Vallejo, HCD Program Manager, said that some small contractors are not able
to participate in the program because of the workers compensation requirement. He added that
currently the repair projects are done on a rotation basis with the contractors; they average about one
per month. Mr. Longoria commented on the importance of the emergency repair grant program,
saying he would like it to operate as efficiently as possible. He added that he thinks staff should
request the $1.2 million to shorten the waiting period. Responding to Council Member Noyola, Mr.
Jack Perales, Housing Administration Supervisor, further explained specifics of the repair program
and the warranties.
* * * * * * * * * *
*
**
Mayor Neal opened discussion on Items 19, 20 and 21 regarding the Corpus Christi Beach
nourishment project. City Manager Garcia explained that it is not a city project --it was undertaken
by the Texas General Land Office (GLO) and the city supported them in facilitating the construction.
Mr. Cruz-Aedo explained that the Council is being asked to approve the issuance of $1.3
million of anticipation notes, which are short-term securities that will be issued by the city at a rate
of 4.65%. He said they are structured over six years --two years are interest -only and the remaining
four years are principal and interest. He added that they are callable at any time so that proceeds from
a settlement on the original contract can be used to redeem them.
Mr. Garcia said the city terminated the contract with the original contractor because he was
unable to complete the project to the city's satisfaction. Consequently, the city has turned to the
contractor's bonding company to cure the default and staff expects to successfully conclude those
discussions. He added that since the City Charter requires that all funds be available before a contract
can be approved, these anticipation notes will provide the funding in the short term. Mayor Neal
asked why the city cannot use the commercial paper program to fund this contract. Mr. Cruz-Aedo
said that commercial paper is only used for utility projects.
Mr. Jeff Leuschel, of McCall, Parkhurst and Horton, said that there is a specific statute that
authorizes cities and counties to issue short-term notes of up to seven years in maturity payable from
taxes, revenues or bond proceeds. He said Zions First National Bank is fully aware of the receipt of
the surety bond proceeds and they are agreeable to having them taken out at any time. He said there
will be a slight premium of 1% associated with that so there will be a cost of $13,000 in addition to
the $1.3 million to settle the payment. He said they anticipate an April 24th delivery of the notes.
Minutes - Regular Council Meeting
March 26, 2002
Page 10
Responding to Council Member Kinnison, City Attorney Bray said city staff is in
negotiations with the bonding company, which has not been able to obtain a decision from their
corporate hierarchy yet. Mr. Garcia said the safest thing would be to not do anything until the
bonding company makes a decision about what they will pay. However, staff felt this project created
a hardship for the property owners on Corpus Christi Beach and the city needed to proceed
expeditiously to address the problem. He added that the state is supportive of the city's actions.
Council Member Kelly asked what will happen if the bonding company refuses to pay. Mr.
Bray replied that the city will have a cause of action against them if they cannot reach a settlement.
Mr. Kelly also asked if staff knows where the proposed contractor will obtain the sand. Assistant
City Manager Ron Massey said he has indicated one source. He said the quality control measures
are still in effect and staff will ensure that the sand meets the specifications before it is placed on the
beach. Mr. Garcia reiterated that the previous contract was terminated because the company did not
provide the proper quality of sand.
Council Member Chesney said he and Mr. Kelly had questioned the previous contractor's
work and he said he is still concerned about those issues. Mr. Angel Escobar, Director of
Engineering Services, said the consultant, Shiner Moseley, has done an exhaustive background check
on Longhorn Excavators Inc. Mr. Chesney said he wants to make sure this project is completed
correctly this time and he hopes the city pursues a settlement with the bonding company.
Responding to Council Member Colmenero, Mr. Leuschel said this process is the best and
quickest method to complete the project. Mr. Colmenero asked that staff communicate with the
residents and businesses on Corpus Christi Beach about the project. Mr. Escobar said they will
continue to do so. Council Member Scott commented favorably about the funding mechanism and
he asked about Longhorn's experience in this type of work. Mr. Escobar said the company has
completed projects that utilize a similar construction process (movement and placement of materials
to meet specifications). In reply to Mr. Scott, Mr. Dan Heilman of Shiner Moseley said the level of
care they used in checking references for this project is in excess of what is normally done. Mr.
Escobar said that Mr. Parker, one of the owners of Longhorn Excavators, was also present.
There were no comments from the audience. City Secretary Chapa polled the Council:
19. ORDINANCE NO. 024814
Ordinance authorizing the issuance of anticipation notes in the amount of $1,300,000;
approving the sale of the notes and ordaining other matters related thereto.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
20. ORDINANCE NO. 024815
Ordinance appropriating $1,300,000 from the issuance of anticipation notes into Fund No.
Minutes - Regular Council Meeting
March 26, 2002
Page 11
3280, Park CIP Fund, Project 130465, Corpus Christi Beach nourishment, amending
Ordinance No. 024730 which adopted the FY2001-2002 Capital Budget by increasing
expenditures by $1,300,000.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21. M2002-086
Motion authorizing the City Manager or his designee to execute a construction contract with
Longhorn Excavators Inc. of Sugarland, Texas, for the total fee not to exceed $1,190,000 for
the nourishment of Corpus Christi Beach.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 22, convention center and arena alternative delivery
methods. City Secretary Chapa said that Council Member Kelly would be abstaining from discussing
or voting on this item.
Mr. Kevin Stowers, Assistant Director of Engineering Services, said staff was bringing the
Council the recommendation of the City Major Construction Projects Advisory Panel to proceed
with an alternative delivery method. He said that method became available to Texas cities in
September 2001 for architectural projects. He said the panel is recommending the use of competitive
sealed proposals for the new arena and the use of a construction manager at risk for the convention
center expansion and rehabilitation project.
Mr. Freddie Bustillo, of Gilbane Building Company, the project manager, gave a presentation
about the new delivery method. He said that about 15 months ago, city staff asked Gilbane
representatives to discuss with the advisory panel members about how to maximum opportunities
for local involvement. He said the panel consists of representatives of several local organizations,
including the Hispanic Contractors Association, AGC, MBOC, MBDC, Hispanic and Black
Chambers of Commerce and others.
Mr. Bustillo said they concluded that one of the first steps was to conduct a market resource
assessment of the Corpus Christi firms that would have an interest in the convention center and arena
projects. He said they jointly developed a contractor information request form and Gilbane gave
presentations to associations about the projects. He said they developed a database of 559 firms
which the city can now use and, of those, they refined a list of almost 200 firms that are directly
related to the construction industry. Mr. Bustillo said they then took the database of the 200 firms
and delineated the firms' bonding capacity and largest project in 2000.
Minutes - Regular Council Meeting
March 26, 2002
Page 12
In meetings with the advisory panel, Mr. Bustillo said they discussed three types of delivery
methods: competitive bidding, competitive sealed proposal, and construction management at risk.
He said that competitive bidding is the traditional method with which most public agencies are very
familiar. The competitive sealed proposal is similar to it in that the owner selects an
architect/engineer (A/E) to design the project. Once construction documents are completed, the
owner solicits proposals from contractors to perform the work. Selection is generally based on a
combination of price and other factors that the owner deems in its best interest. He said the advisory
panel is recommending competitive sealed proposal for the arena project.
Mr. Bustillo also explained the concept of construction management at risk. He said it is a
delivery system wherein the construction manager at risk (CMR) serves as the general contractor,
assuming the risk for the construction guaranteed price and providing design -phase consultation in
evaluating costs, schedule, implications of alternative designs/systems, and materials. He said that
selection is based on criteria that combine qualifications and experience and may involve fees and
general conditions. He said the panel is recommending the CMR for the convention center project.
Responding to Council Member Kinnison, Mr. Bustillo said that in a competitive sealed
proposal, state law requires that the selection criteria be identified. With regard to the CMR process,
Mr. Bustillo said they have discussed hiring the CMR and negotiating his fee and general conditions.
He said once the team has concurred that the plans are ready to be released for the subcontractors
to bid and those bids come in, the city will then have the pricing information. He said the city can
ask the CM firm to develop a guaranteed maximum price (GMP) before subcontractor bids have
been received. Mr. Stowers said the panel and city staff are considering having a GMP for the
convention center. He said if the bids from the trade organizations come in lower, the savings would
normally accrue back to the city.
Mr. Kinnison asked Mr. Bustillo to specifically discuss the advantages and disadvantages of
the CMR delivery system. He explained that the disadvantages are reduced adversarial relationship;
difficult for owner to evaluate the validity of the GMP; and potential adversarial relationship with
the A/E. The advantages are builder selection flexibility; design -phase assistance; single point of
responsibility for construction; team concept; faster delivery schedule; and flexibility to change. He
said coordination will be very important since the convention center and arena projects will be
constructed simultaneously. He said Gilbane will be charged with many tasks, including evaluating
the work sequence.
In reply to Council Member Longoria, Mr. Bustillo said Gilbane was hired to serve as the
city's representative with the design and construction communities. He said that in the competitive
sealed proposal process, the general contractor ultimately is responsible for going out and soliciting
subcontractors to bid the job to him. In addition, it is the task of both Gilbane and the advisory panel
to continue to generate interest among the local businesses to get involved in the project. He added
that the general contractor provides the bond for the entire project.
Mr. Bustillo said that in the construction management at risk scenario, the CMR is selected
before trade (subcontractor) bids are submitted. He said the panel members are recommending that
Minutes - Regular Council Meeting
March 26, 2002
Page 13
process for the convention center project because they want an "open book" process for the trade
packages. He added that the owner can determine the selection criteria. He said that in this scenario,
competitive sealed proposal is the procurement method while the delivery method is construction
management at risk. He added that bonding was an important issue to the advisory panel. Mr.
Bustillo said that if a subcontractor is not able to complete the work, the CMR is able to hire a firm
to only complete those tasks. He added that an important factor is to have a city representative
present with the CMR when he accepts the trade contractors. By doing that, neither the city nor the
CMR can release that information until the award has been completed.
Responding to another question from Mr. Longoria, Mr. Stowers said the CMR delivery
system does not affect the design process, the schedule or the architects, who ultimately have to
provide all of the drawings and specifications. However, it will change some of the "front-end"
documents and staff is working with the Legal Department on that issue.
In reply to Council Member Scott, Mr. Stowers said the state statute requires that the city hire
the A/E first, which is different from federal procurement. He added that staff is working with the
advisory panel to ensure all of their major concerns are being addressed through the CMR delivery
method. City Manager Garcia added that the city is able to use a modified CMR process because the
state law which allows the city to do this did not go into effect until September 2001, after the city
had started the process. Mr. Massey said the city hired Gilbane to keep the architects on target to
minimize the contract costs.
Responding to other questions from Mr. Scott, Mr. Stowers said one of the advantages of the
competitive sealed proposal process is that it allows the city to avoid certain contractors that may be
capable of bonding the project but generally do not have a good track record in terms of quality of
work or cooperation. Mr. Garcia said there will be two very different types of construction going on --
a new facility (arena) and expansion/rehabilitation (convention center).
Replying to Council Member Colmenero, Mr. Bustillo said one of the advantages of using
the CMR process for the convention center is that he can sequence the work, which is important
since conventions will still be going on throughout the construction process. Council Member
Noyola asked about the database. Mr. Bustillo said the first list of companies was very long because
the names were provided by the advisory panel members and some of the companies are not in the
design or construction business; he reiterated that about 200 firms did respond. He said the CMR has
the final word on hiring the subcontractors for the convention center project with a caveat explained
by City Attorney Bray.
There were no comments from the audience. Mr. Chapa polled the Council for their votes:
22.a. M2002-087
Motion authorizing staff to proceed with selection of a Construction Manager at Risk for the
convention center expansion and renovation project.
Minutes - Regular Council Meeting
March 26, 2002
Page 14
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
22.b. M2002-088
Motion authorizing staff to proceed with competitive sealed proposals to hire a General
Contractor for the multipurpose arena project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
* * * * * * * * * * * * *
The third presentation (Item 16) was regarding the Health Department's Animal Control
euthanasia methods. Using a computer presentation, Mr. Cruz-Aedo said the department's goal is
to use the most effective, humane method of euthanization in relation to the cost. He said the current
method is a carbon monoxide gas chamber and an alternative method is lethal injection of denatured
sodium pentobarbital. He said the conditions of euthanasia are as follows: must cause brain death
or cessation of brain activity first (then respiration and cardiac activity can cease); must cause little
to no pain; must be quick and humane; and circumstances dictate the method.
Mr. Cruz-Aedo said the number of animals euthanized at the Animal Control facility has
decreased over the years because of a lack of staffing and resulting inability to pick up all the stray
animals. He said that in the 1980s, 10,000 to 12,000 animals were euthanized locally and the number
rose to between 20,000 and 24,000 in the late 1990s. In FY 2000-01, 14,400 animals were
euthanized. He said the types of animals euthanized are dogs, cats, opossums, raccoons, birds,
snakes, skunks, coyotes, foxes and others. Currently, the average number of animals euthanized daily
is five to 10 on weekends and holidays and 50 to 100 on weekdays (depending on the time of year).
The animals' ages range from newborn to 20 years old, although most are between 1 and 7 years.
The Assistant City Manager said there are many reasons why animals are euthanized,
including that the animal is sick, injured, old, is a bite case, and is declared dangerous. In addition,
many owners take their pets or their pets' offspring to the Animal Control facility because they are
disruptive or destructive (barks, chews, bites); uncontrollable; unable to be placed elsewhere; or they
just do not want the animals anymore. He said local governments have the following responsibilities:
euthanize all animals that need it when presented (i.e., sick, injured, owner request, etc.); adopt,
transfer and find homes for all healthy animals when possible; euthanize all unwanted and
unadoptable animals at little or no cost, regardless of the owner; and determine the cost-effectiveness
of the program.
Mr. Cruz-Aedo then specifically discussed the advantages and disadvantages of both the
carbon monoxide chamber and lethal injection. He said studies have concluded that animals sense
when the end is imminent, which is a factor in both methods. He said the advantages of the carbon
monoxide chamber are that it is less expensive with larger numbers of animals; not personal ("hands-
-r
Minutes - Regular Council Meeting
March 26, 2002
Page 15
off" aspect for personnel); reduces the risk of injury to personnel; can accommodate a large number
of animals in a short time; and is preferred for wildlife and hazardous animals.
The disadvantages of the carbon monoxide chamber are that it is stressful to the animals
because they know what is happening; there is a delay between brain activity cessation and breathing
and heartbeat cessation, sometimes resulting in involuntary reflexes (dogs howling and cats climbing
the side of the cage); is offensive to many personnel; and is associated with World War II genocide.
He said that based on a model provided by People for the Ethical Treatment of Animals (PETA), the
costs of this method per animal are: labor - $0.116; equipment - $0.068; and supplies - $0.09, for a
total per animal of $0.27 and a total in FY 2000-01 of $4,172 (for 14,400 animals).
Mr. Cruz-Aedo said the advantages of injection euthanization are that it is more humane to
the animal (cessation of brain activity, respiration and heartbeat occur at roughly the same time); it
is less stressful to the animal (individual versus a group); and it is preferable to society. The
disadvantages are that it is more labor intensive; more expensive (medicine and supplies); requires
personnel to handle every animal (more stress on employees and greater risk of injury); higher
turnover of employees; and wildlife pose difficult situations. Using the PETA model, the costs are:
labor - $0.95; equipment - $0.031; and supplies - $2.26, for a total per animal of $3.24 and a total
in FY 2000-01 of $48,276.00.
Mr. Cruz-Aedo noted that recently the Animal Control facility adopted new standards for the
use of lethal injection (specifically with regard to animals less than four months old), and it is still
used on sick and injured animals in the field. Consequently, lethal injection is used for euthanization
15% to 20% of the time. He said that if the city were to use lethal injection 100% of the time
beginning in FY02-03, a supplemental funding request would be required. He said staff estimates
that the euthanasia equipment and supplies would cost $50,000 and four additional personnel would
cost $150,000, for a total additional funding request of $200,000.
With regard to other Texas cities, Mr. Cruz-Aedo said that most are going to lethal injection
euthanasia (San Antonio, Garland, and Irving still use carbon monoxide). However, most other cities
do not handle as large a population of wildlife as Corpus Christi does. He said local organizations
that selectively place pets are the Gulf Coast Humane Society, Peewee's Pet Adoption and PALS,
while CCARE and the Lost Pet Hotline serve in other ways. However, he noted, the city's Animal
Control facility is not selective. Mr. Cruz-Aedo said this is a public policy decision of the Council,
and while euthanasia is the final result of the animal overpopulation issue, there are causes that need
to be addressed. He said the Council can discuss this issue further during the budget process.
Mayor Neal asked how long it would take for the city to staff up to do lethal injection 100%
of the time. Mr. Jeff Beynon, Animal Control Supervisor, said the current facility would not
accommodate that method without some changes being made to the facility. City Manager Garcia
said staff can provide the cost information to do that. Mr. Cruz-Aedo said it would take about 90
days to hire the necessary staff. The Mayor said he has asked the Animal Control Advisory
Committee to meet as quickly as possible so they can make recommendations to the Council, and
he has also sought input from local veterinarians regarding the related costs of total lethal injection.
Minutes - Regular Council Meeting
March 26, 2002
Page 16
The Mayor also asked about the status of the educational effort. Mr. Beynon said the new
staff person, who started working on March 25, 2002, is acclimating himself to the department's
processes. He will soon begin writing grants and should begin making educational presentations to
the schools in 30 to 45 days. Mayor Neal said that city staff will not be able to solve the animal
overpopulation problem by themselves but they and the Council have the responsibility of bringing
the necessary parties together to devise solutions.
Council Member Chesney asked Mr. Beynon several questions about carbon monoxide
versus lethal injection euthanasia, as well as operational issues. Mr. Beynon said that at the Animal
Control Department's current staffing and funding levels, nothing else can be done to improve the
city's euthanasia process. Mr. Chesney pointed out that during the Council retreat on March 15,
2002, Animal Control facility issues and improvements (including a study of the cost for euthanasia)
was selected as the top new initiative for 2002. He said he has also asked staff for information on
ways to answer the department's phones after 5 p.m. (even though the office remains open until 7
p.m. on weekdays). Mr. Beynon said that a phone recording is activated after 5 p.m. because it would
be difficult for one staff member to handle the redemptions and adoptions in the office as well as
answer the five incoming lines. He said volunteers could be helpful in the center's operation as long
as they are consistently present.
Mr. Chesney asked how other cities are able to afford using lethal injection exclusively on
unwanted animals. Mr. Cruz-Aedo replied that up to this point, there has not been an interest by local
citizens to incur those costs. Mr. Chesney also asked about spaying and neutering efforts. Mr. Cruz-
Aedo said the city does not currently fund those activities. He said it did attempt such efforts in the
past but they were unsuccessful due to a lack of awareness of the program. He added that staff is
actively seeking grants and working with animal groups to address these issues. Mr. Cruz-Aedo said
staff's recommendation is to continue to transition to the use of lethal injection and they will ask the
Council to make specific decisions about that in the future.
Council Member Kinnison asked what changes would need to be made to the design of the
new Animal Control facility in order to accommodate lethal injection processes. Mr. Beynon replied
that the architects designed the building so both euthanasia methods can be used. He said the plan
was to move the actual carbon monoxide chamber to the new building. Mr. Garcia said he thinks the
city should retain the chamber in order to euthanize wild animals. He said staff will bring back
additional information and options for the Council to consider. Mr. Beynon noted that Corpus Christi
has an unusually large amount of wild animals that need to be euthanized.
Mr. Kinnison and Council Member Colmenero emphasized that the animal overpopulation
problem needs to be addressed by the community as a whole through education and responsible pet
ownership. Council Member Scott asked when the new facility will be open, and Mr. Beynon replied
that it should be operational in December 2002 or January 2003. Mr. Scott said he agrees that it
would be beneficial to lengthen the time that the phones are answered at the facility as well as to
open it on Saturdays. He said he thinks spaying and neutering is important. Mr. Beynon said staff
has done studies and determined that in certain neighborhoods, people will not allow their pets to
be spayed or neutered even if the service is free.
Minutes - Regular Council Meeting
March 26, 2002
Page 17
Responding to Mr. Kinnison, Mr. Beynon said that a lot of dogs that are considered strays
are actually cared for to some extent, such as by people allowing them to eat out of their trash cans.
However, he said there is a very large population of feral cats and wild animals. Mayor Neal said
they are headed in the right direction and the Council will give staff additional guidance once they
receive input from interested organizations.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Mark Yeats, 345 Cole, said he formed the Corpus Christi Association of Airport
Taxicabs (CCAAT). He said those taxi drivers pay $50 per month to work at the airport and he
estimates that they have contributed about $200,000 in the approximately 20 years that fee has been
in place. However, the drivers have not received anything in return, such as a designated parking
space. He said the purpose of the CCAAT is to improve the quality of service provided to persons
arriving at the Corpus Christi International Airport. He said the CCAAT members are concerned
about where their cabs will be located once the terminal reconstruction is completed. Mayor Neal
suggested that Mr. Yeats and the CCAAT take their concerns to the Airport Board.
* * * * * * * * * * * * *
The fourth presentation (Item 17) was regarding the proposed Corpus Christi Skate Park.
Using a computer presentation, Mr. Tony Cisneros, Director of Park and Recreation, explained that
about a year ago members of the South Texas Progressive Sports Association approached the
Council, the Commission on Children and Youth and the Park and Recreation Advisory Committee.
He said the two advisory groups endorsed the concept of a skate park in some form.
Mr. Cisneros said that factors to consider with a skate park include liability issues, supervised
versus unsupervised activity, location (noise complaints and hours of operation), and user groups
(skate boarders, in-line skaters, BMX bicycle riders). He then discussed the design elements of a
typical skate park, which is usually a concrete, in -ground facility that is surrounded by a fence and
is well -lit for after -dark use. It can also include a spectator area, parking lot, restrooms, office and
storage facility. He showed slides of three skate parks in Colorado (Denver, Boulder and Vans Park).
Mr. Cisneros said that possible locations for a skate park in Corpus Christi are: Bill Witt
Park, Corpus Christi Boys and Girls Club, Dr. H.P. Garcia Park, Labonte Park, South Bluff Park,
Swantner Park, and West Guth Park. He also showed several slides of the Portland (Texas) skate
park, which opened in January 2002 at a cost of about $370,000. He said the skate park has video
cameras with a direct feed into the Portland Police Department.
The Park and Recreation Director discussed funding options, including private funds, bond
funds, Community Development Block Grant funds (both reprogrammed and new project grants),
city's General Fund, state grant funds, and a combination of funding sources. Mr. Cisneros explained
that staff is seeking CDBG funds for a proposed new city recreation program --a city skate park
r
Minutes - Regular Council Meeting
March 26, 2002
Page 18
project. He said staff is recommending that the city partner with a recognized youth services
organization and skating and biking enthusiasts to develop it and pursue negotiations to lease the
Boys and Girls Club property, which is centrally located.
Council Member Longoria thanked Mr. Charlie Bryan, Executive Director of the Progressive
Sports Association, for his efforts to help develop a local skate park. He said they are trying to
identify a funding source and one possibility is CDBG funds. Deputy City Manager Noe said there
are two ways to qualify the skate park project: by the U.S. Department of Housing and Urban
Development (HUD) declaring it eligible by virtue of the neighborhood in which it is located; or by
surveying users after the park is built to determine that 51% of them are of low or moderate income,
which would also qualify it. He said the latter option is somewhat risky because if that percentage
is not reached, some of the funds may have to be repaid. Mr. Noe said staff is pursuing the first
option and they hope to have an answer from HUD before the Council considers the CDBG grant
requests next month. Mr. Longoria said a skate park would greatly benefit local youth.
Mr. Bryan said he is a teacher and young people tell him every day that they do not have
anything to do. He said that providing a safe environment for skate boarders and in-line skaters will
have a dramatic impact on the community. He said they have been working on this project two years.
Council Member Scott asked about the difference between cement parks and modular parks.
Mr. Bryan said if a community plans to build an outdoor skate park, it is better to use cement because
in the long run, outdoor modular parks have a huge cost associated with them for construction and
maintenance. He added that many modular parks are built by companies that make playground
equipment but are not necessarily suited for skating. He said it is preferable to use wood for indoor
parks. He said the local skating association is recommending a permanent outdoor skate park.
Council Member Kelly said that with regard to the Boys and Girls Club site, he thought there
was a prohibition against using public money on private land. Mr. Cisneros said that is why staff is
proposing that the city lease the property from that organization. He added that the programming of
the skate park would be separate from the Boys and Girls Club operation. Mr. Scott said he hopes
a decision can be made soon about the skate park.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 23, domestic preparedness program. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
23.a. RESOLUTION NO. 024816
Resolution authorizing the City Manager or his designee to accept a $280,000 grant from
the U.S. Department of Justice, Office of Justice Programs, in the No. 1050 Federal/State
Grants Fund for the purchase of specialized training equipment for hazardous materials
(HAZMAT), fire services, law enforcement, and emergency medical services (EMS)
personnel.
Minutes - Regular Council Meeting
March 26, 2002
Page 19
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
23.b. ORDINANCE NO. 024817
Ordinance appropriating $280,000 from the U.S. Department of Justice, Office of Justice
Programs, in the No. 1050 Federal/State Grants Fund for the purchase of specialized training
equipment for hazardous materials (HAZMAT), fire services, law enforcement and
emergency medical services (EMS) personnel.
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 opened discussion on Item 24, annexation ordinance. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
24.a. M2002-089
Motion to amend the annexation calendar by changing the second reading date for the
annexation ordinance and the date of the City Council public hearing and approval of zoning
from April 9, 2002 to April 16, 2002. The effective date of annexation is changed from April
10, 2002 to April 17, 2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
24.b. FIRST READING ORDINANCE
Ordinance annexing Padre and Mustang Island tracts: annexing 9,618 feet of Padre Island
Gulf beach frontage tracts owned by Jones, Walter & GLO (44.16 acres) and Padre Balli
Park (Nueces County Park No. 1), (194.92 acres and 6,324 feet of Gulf beach frontage on
Padre Island), in the vicinity of the Nueces-Kleberg county line; annexing Packery Channel
Park (Nueces County Park No. 2) and adjoining private land (approximately 50.01 total acres
for park and private land) on Padre Island; annexing 221 acres of land south of Mustang
Island State Park, comprising 4,211 feet of Gulf beach frontage on Mustang Island, owned
by Nueces County; annexing 9.23 acres of land north of Zahn Road and J.P. Luby Surf Park,
comprising 2,009.79 feet of Gulf beach frontage on Mustang Island, owned by Estate of Eric
C. Lower; providing that each annexed tract is contiguous to the city limits of the City of
Corpus Christi; providing for a service plan for the annexed tracts of land; providing that the
owners and inhabitants are entitled to all rights, privileges and burdens of other citizens and
property owners of the City of Corpus Christi and are subject to and bound by the City
Charter, ordinances, resolutions and rules; requiring application for certificate of occupancy
Minutes - Regular Council Meeting
March 26, 2002
Page 20
for nonconforming use; providing for amendment of the official maps of the City of Corpus
Christi, providing for an effective date.
Tract 1 - Jones, Walter and GLO Beach Frontages: Publicly and privately owned lands
comprising approximately 44.16 acres and 9,618 feet of Gulf beach frontage, from the south -
most property line of Padre Balli County Park to a point 500 feet south of the south -most
property line of the Lawrence Jones property. The width of the strip extends westward from
the city limit line on the Gulf of Mexico shoreline, being the 1.37 -foot line above mean sea
level based on United States Geological Survey (U.S.G.S.) and Geodetic Survey (G.S.)
datum of 1929, to a point along the vegetation line approximately 200 feet west of and
generally parallel to the 1.37 -foot line above mean sea level Gulf of Mexico shoreline.
Tract 2 - Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising
approximately 194.92 acres and 6,324 feet of Gulf beach frontage.
Tract 3- Packery Channel Park: Publicly and privately owned lands comprising
approximately 50.01 acres and including Nueces County Park No. 2 (Packery Channel Park).
Tract 4 - Nueces County Land South of Mustang Island State Park: Publicly owned tract of
land comprising 221.00 acres and 4,211 feet of Gulf beach frontage surrounded by the
existing city limits and out of the William Bryan Survey 606, between the east right-of-way
line of State Highway 361 and the existing city limit line along the Gulf of Mexico shoreline,
being the 1.37 -foot line above mean sea level based on the U.S.G.S. and G.S. datum of 1929.
Tract 5 - Beach Front Property North of Zahn Road: Privately owned (Eric C. Lower) tract
of land comprising approximately 9.23 acres and 2,009.79 feet of Gulf beach frontage
abutting the city limits on the Gulf of Mexico shoreline, being the 1.37 -foot line above mean
sea level based on U.S.G.S. and G.S. datum of 1929 and extending approximately 200 feet
westward, and between county -owned land and state -leased land at J.P. Luby Surf Park.
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 opened discussion on Item 25, golf feasibility study. There were no comments
from the audience. Responding to Council Member Kelly, Mr. Cisneros said it should take about 60
days to receive the analysis. Council Member Garrett asked how many times this action has been
taken. City Manager Garcia said that following the Council's last discussion about a new golf course,
the Council directed staff to determine whether there is a market for another golf course; if there is,
the second phase will be to choose a site. He said staff prepared and sent out requests for proposals
for a golf feasibility study and the successful proposer was National Golf Foundation Consulting Inc.
of Jupiter, Florida. He said staff is trying to move expeditiously on this project. He added that golf
surcharge funds can be used for this purpose.
Council Member Scott asked how long the second phase will take. Mr. Cisneros said that if
another golf course is warranted, the site analysis should take another 30 to 45 days. Responding to
Council Member Kinnison, Mr. Garcia said the golf course will be deemed feasible if it can make
money. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 26, 2002
Page 21
25.a. ORDINANCE NO. 024818
Ordinance appropriating $23,000 from the Reserve for Capital Projects in Golf Fund No.
4690 for an area golf market analysis and feasibility study; amending Ordinance No. 024528
which adopted the FY2002 Operating Budget to increase appropriations by $23,000.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
25.b. M2002-090
Motion authorizing the City Manager or his designee to execute an area golf market analysis
and feasibility study contract in an amount not to exceed $23,000 with National Golf
Foundation Consulting Inc. of Jupiter, Florida.
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 that next Tuesday (April
2nd) the Council will have an all -day special meeting to fully review the capital improvement
program. The April 9th Council meeting has been canceled but the Park and Recreation Department
will be having a public hearing that night in the Council Chambers regarding the park and recreation
master plan. Mr. Garcia also announced that the contractor abandoned the Omaha Street project and
staff is sending notices to the surrounding property owners to inform them about it. Mayor Neal
called for Council concerns and reports.
Mr. Chesney said he thought there would be an opportunity for public comment during the
April 2nd meeting. Mayor Neal replied that it will consist of presentations by staff and the public
will be able to attend the meeting or watch it on television but public comment will not be solicited.
Mr. Chesney asked that the residents on Chenoweth and Meadowbrook streets who had expressed
concerns about stormwater issues be informed of the stormwater master plan. He asked staff to
follow up with the citizens who expressed their concerns during the March 25th town hall meeting
and he said another one is scheduled for April 8th at Wilson Elementary School.
Mr. Chesney also said it is important to emphasize to people that when the Council considers
the marina development issue on April 23rd, they are simply deciding whether or not staff should
proceed with negotiations with Landry's Inc. He also discussed the importance of the Crime Control
District and he asked about a time frame for the Animal Control facility plan. Mr. Garcia said if the
Council approves the extra $200,000 for next year's budget, staff will begin implementation on
August 1, 2002. Mr. Chesney said he wanted staff to develop a general action plan for the Animal
Control facility, including a strategy for improved hours.
Minutes - Regular Council Meeting
March 26, 2002
Page 22
Mr. Chesney went on to say that he had asked Mr. Cisneros to have the Parks Board consider
his proposal to develop a "Friends of the Parks" group. He asked about a prohibition against Council
members appearing before Council boards and committees. City Secretary Chapa said the intent of
that policy is to prevent Council members from influencing committee members. The exception is
if a Council member has a personal issue he or she wants a committee to consider.
Mr. Garrett asked about a letter the Council received from Mr. John Torrey. Mr. Kinnison
said he sent a copy of that letter to Mr. Massey, who is working on it. Mr. Garcia said Mr. Torrey
had a suggestion about an innovative method to clean the beaches, but staff has had difficulty getting
Mr. Torrey to demonstrate it because it is a proprietary machine for which he has a patent pending.
Mr. Noe said staff will respond to Mr. Torrey's recent letter. He added that Mr. Torrey's proposal
is to take over the whole beach -cleaning operation at a substantially greater cost. He said staff
offered to let Mr. Torrey operate a pilot program to demonstrate his machine but that was not
acceptable to him.
Mr. Scott suggested that staff notify the Cooper's Alley L -Head tenants about the upcoming
temporary closure of Cooper's Alley street. He also said he was told about the possibility of applying
for an air conditioning permit over the interne. Mr. Noe said staff now has the ability to use credit
cards to process those permits, which is a precursor to e -government services. Mr. Scott also asked
about the All American Cities award. Mr. Garcia said city staff has been told that the first step is to
organize a coalition to travel to Washington, D.C., to view the efforts of other cities before
attempting to apply for the award. Mr. Scott also commented on the cleanliness of Corpus Christi's
newly annexed beach areas. Mr. Garcia commended city staff for their efforts during the city's first
spring break in those areas.
Mr. Colmenero said the Council had received a letter from the mayor of a city in China
wishing to establish a relationship with Corpus Christi. Mr. Kinnison asked about a proposed ADA -
compliance project at the convention center. Mr. Noe said it can be incorporated as an additive
alternate if the Council decides not to include it in the CDBG program next month.
There being no further business to come before the Council, Mayor Pro Tem Chesney
adjourned the Council meeting at 6:45 p.m. on March 26, 2002.
* * * * * * * * * * * * *
1