HomeMy WebLinkAboutMinutes City Council - 06/25/2002I 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 June 25, 2002, which were approved by
the City Council on July 9, 2002.
WITNESSETH MY HAND AND SEAL, this 9th day of July 2002.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Brent Chesney*
Javier D. Colmenero
Henry Garrett
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott*
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 25, 2002 - 12:00 p.m.
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 Rev. E.F. Bennett, and the Pledge of Allegiance to the United States flag was led
by Council Member Noyola. City Secretary Chapa called the roll and verified that the necessary
quorum of the Council and the required charter officers were present to conduct the meeting. Mayor
Neal called for approval of the minutes of the regular Council meeting of June 18, 2002. Mr. Chapa
said the minutes needed to be corrected to reflect the correct appointment to the Corpus Christi
Regional Transportation Authority, who is Mr. Abel Alonzo and not Ms. Rosine Runyon. A motion
was made and passed to approve the minutes as amended.
*Council Member Scott arrived at approximately 12:03 p.m.
Mayor Neal referred to Item 2 regarding the designation of an appointee to represent the
"transportation disadvantaged" on the Corpus Christi Regional Transportation Authority. The Mayor
made a motion to nominate Mr. Abel Alonzo, seconded by Council Member Kinnison, and passed.
* * * * * * * * * * * * *
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
3. Executive session pursuant to Texas Government Code Sections 551.071, 551.072 and
551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible
discussion and action related thereto in open session.
4. Executive session pursuant to Texas Government Code Section 551.071 regarding David
Cook v. City of Corpus Christi, No. C-01-341, United States District Court, Southern District
of Texas, Corpus Christi Division, with possible discussion and action related thereto in open
session.
The Council went into executive session. *Council Member Chesney arrived at
approximately 12:08 p.m. The Council returned from executive session.
Minutes - Regular Council Meeting
June 25, 2002 - Page 2
Mayor Neal referred to Item 25, a presentation by the Mayor's Planning Committee on the
July 4th "Big Bang" celebration. Ms. Diana Zertuche Garza, Assistant to the Mayor, reviewed the
events planned for that day, including the Bayfront Run, U.S. Coast Guard search and rescue, Stars
and Stripes parade, patriotic ceremony, Stars and Stripes Aboard the U.S.S. Lexington, Bay Jammin'
concert series, and the HEB fireworks display. The following representatives also discussed the 4th
of July events: Yvonne Sanchez, HEB; Joe Ochoa and Vicky Lewis, Buccaneer Commission; Rene
Garza, Corpus Christi Marina; Chris Kailas, Park and Recreation; and Vic Menard, Mayor's
Planning Committee.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 5, an overview of the proposed FY 2002-03 Special
Revenue, Internal Service and Debt Service budgets. Mr. Mark McDaniel, Director of Management
and Budget, said the largest special revenue funds are the hotel tax, crime control, and visitors
facilities funds. He noted that RIZ #1 is the downtown tax increment financing (TIF) district and RIZ
#2 is the Packery Channel TIF. He said to illustrate the operation of the funds, staff combined the
hotel tax and visitors facilities funds. They are budgeted to have revenues of $6.1 million, or 77%
of the total. In addition, the operation and maintenance of visitors facilities is budgeted at $4.2
million or 53%. The second largest expense is convention promotion (i.e., the city's contract with
the Convention and Visitor's Bureau), which represents about $2 million or 26%.
Mr. McDaniel also reviewed the budget issues for the hotel tax/visitors facilities funds,
including contributions to outside agencies; increased funding for CVB marketing efforts; continued
multi-year funding for the American Bowling Congress; final funding for the sesquicentennial
events; and the pending sale of bonds for the convention center expansion.
Council Member Kinnison asked about additional options for increased funding for the CVB.
Mr. McDaniel replied that about six months ago, the month-to-month budgeting for hotel occupancy
tax was 5% down and about 45 days ago it was 2% behind budget. As of today, the fund is 2% above
budget. He said if that holds and the budget is met, that will result in another $118,000 while 2%
above is almost another $100,000.
In addition, Mr. McDaniel referred to page 305 of the proposed budget document which
shows $100,000 for "Convention Center Expansion/Renovation." He said staff discussed
programming that into marketing efforts for the new convention center, which the city would be
doing in cooperation with the CVB. Mr. Kinnison expressed concern that the reserve balance is
down to about $100,000. Mr. McDaniel said that is one of the reasons why staff was recommending
using some money from the Debt Service Fund. City Manager Garcia said that while the convention
center is being renovated, it will take a concerted effort to keep conventions booked there.
Mr. Garcia said one of the biggest problems other Texas cities are having is that they
overestimated their sales tax and convention and visitor tax revenues; as a result, they are having to
make up very large deficits. In comparison, City of Corpus Christi staff have been very conservative
in their projections and consequently they have been very accurate.
Minutes - Regular Council Meeting
June 25, 2002 - Page 3
Mr. Kinnison referred to a request from the Arts and Cultural Commission (ACC) for an
additional $50,000 from the hotel occupancy tax fund for promotional and organizational costs for
the 2003 Corpus Christi Festival of the Arts project. He asked if the ACC members have discussed
their marketing ideas with the CVB. Mr. Dan Whitworth, Director of Park and Recreation, said the
ACC has contacted the CVB to use their web site to post the event.
Responding to Council Member Scott, Mr. McDaniel said that when staff prepared the
proposed budget, they projected a negative unreserved fund balance of $21,937 in the Hotel
Occupancy Tax Fund (page 304). However, he said, if the revenues continue to stay on track, that
number will not be a negative one. He noted that much like the Combined Utilities Fund, the
leverage of the entire hotel fund is used to do different things.
Mayor Neal recessed the Council meeting to swear in the new board and committee
members. Upon reconvening, he asked Mr. McDaniel to continue his budget presentation. Mr.
McDaniel discussed the Crime Control and Prevention District Fund, noting that most of the
expenditures (72%) are used for the 50 police officers, followed by other expenses (22%) and the
Juvenile Assessment Center (6%). He said strategic issues include the fulfillment of the 50 -officer
plan; continuation of the JAC/juvenile marshals programs; election to renew the district in
November 2002; and elimination of support staff in April 2003.
Council Member Garrett asked about the juvenile marshals program. Mr. Whitworth said that
when the JAC was originally established, police overtime was used as security there. In order to save
money, staff has expanded on the Municipal Court marshal's program and is using those staff
members for security at the JAC. Mr. Garrett asked what would happen to the 50 police officers if
the Crime Control District (CCD) was not renewed. Mr. McDaniel replied that the city would not
have a way to fund them. Council Member Colmenero asked about the costs associated with the
CCD renewal election. Mr. McDaniel said $100,000 is programmed into the budget. Responding to
Council Member Noyola, Mr. Whitworth said the Police Department is using directed patrol officers
with each of the school districts to carry out the community policing program.
Mr. McDaniel then discussed Facility -Related Special Revenue Funds. He said that for
presentation purposes, he combined several of the funds together --those related to the arena, seawall
and the two reinvestment zones (RIZ #1 and RIZ #2). He said that sales tax revenues for the arena
and the seawall each represent 43% of the total, or $4.2 million each. The seawall debt service is the
largest of the expenditures at 54% because those bonds have already been sold. He said there will
be continued debt service on RIZ #1 (downtown), while the arena and Packery Channel (RIZ #2)
bond sales are pending.
Mr. Kinnison said that when the debt for RIZ #1 is paid off in December 2004, the
approximate $500,000 in revenue will go back into the General Fund. Mr. McDaniel said it will
either free up the city's debt capacity or operation and maintenance costs. He added that that amount
is not included in the budget projections.
The Internal Services Funds were the next topics discussed. Mr. McDaniel said the city
establishes those funds, which are supposed to be supported by the users. The largest category is
Minutes - Regular Council Meeting
June 25, 2002 - Page 4
liability/employee benefits at 52%. He said that overall, the combined expenditures for all five funds
are proposed to decrease by $105,835. Budget issues include rising property/liability and group
insurance costs and Risk Management counter -initiatives; deferred equipment replacement and
building maintenance; and technology investments.
Responding to Mr. Colmenero, Mr. Jim Davis, Fleet Management Superintendent, said the
city has two fleets: General Fund fleet and Utilities fleet. The condition of the General Fund fleet
varies; for instance, the Police Department fleet is in excellent shape while the Park and Recreation
fleet is not. In addition, the Utilities fleet is also in very good shape because of their revenue stream.
Mr. Colmenero requested additional information about the condition of the fleets.
Mr. McDaniel also discussed the Debt Service Funds. He said that in FY 2007-08, there is
a $5 million drop in the combined general long-term debt and in FY 2008-09 there is another $8
million drop. The strategic issues include declining general debt; a potential bond election in 2004;
and annual updates to the short- and long-range capital improvement plans. He also discussed the
remainder of the operating budget adoption schedule, including the public hearing on July 9th. Upon
verification by Mr. McDaniel, Mayor Neal suggested that any ideas for reallocation of funding in the
proposed budget should be discussed during the July 9th meeting.
*************
Mayor Neal called for consideration of the consent agenda (Items 6-20). Council members
requested that Item 16 be discussed. There were no comments from the audience. City Secretary
Chapa polled the Council for their votes and the following passed:
6. M2002-173
Motion setting a public hearing on the proposed FY 2002-03 operating budget during the
regular Council meeting of July 9, 2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
7. M2002-174
Motion authorizing the City Manager or his designee to purchase from SBC DataComm Inc.
of Austin, Texas, in accordance with the State of Texas Cooperative Purchasing Program,
an IP phone and data solution equipment for a total of $44,967 for the Wastewater
Department. This system will allow for voice and data communications, and it will be
integrated into the City's wide -area network and the Water Utilities IP phone systems.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
Minutes - Regular Council Meeting
June 25, 2002 - Page 5
8. M2002-175
Motion authorizing the City Manager or his designee to execute a contract amendment with
SBC DataComm Inc. of Austin, Texas, to purchase an IP phone and data system, in
accordance with the State of Texas Cooperative Purchasing Program, for the Gas Department
at an additional cost of $56,009.34. The interactive voice response and integrated contact
distribution features will be fully incorporated with the Water Utilities, Utilities Business
Office (UBO), and the Emergency Operating Center (EOC) phone systems. Setup and
installation are also included in the contract.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
9.a. M2002-176
Motion authorizing the City Manager or his designee to accept the final notification of funds
award for Fiscal Year 2002, in the amount of $177,933 from the Coastal Bend Council of
Governments -Area Agency on Aging for the elderly nutrition program.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
9.b. ORDINANCE NO. 024914
Ordinance appropriating a grant in the amount of $177,933 from the Coastal Bend Council
of Governments -Area Agency on Aging in the No. 1050 Federal/State Grants Fund for the
elderly nutrition program.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
9.c. ORDINANCE NO. 024915
Ordinance appropriating funds in the amount of $45,000 in additional program income from
anticipated participant contributions in the No. 1050 Federal/State Grants Fund for the
elderly nutrition program.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
10.a. M2002-177
Motion authorizing the City Manager or his designee to accept a contract with the Coastal
Bend Council of Governments -Area Agency on Aging/direct purchase vendor agreement
with the Senior Companion Program for Fiscal Year 2002, in the amount of $30,000.
Minutes - Regular Council Meeting
June 25, 2002 - Page 6
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
10.b. ORDINANCE NO. 024916
Ordinance appropriating resources in the amount of $30,000 in anticipated funds from the
Coastal Bend Council of Governments -Area Agency on Aging/direct purchase vendor
agreement in the No. 1050 Federal/State Grants Fund for the Senior Companion Program.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
11.a. M2002-178
Motion authorizing the City Manager or his designee to accept a service agreement contract
from the Texas Department of Public and Regulatory Services for Fiscal Year 2002, in the
amount of $625 for the adult protective services/emergency home -delivered meals program.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
11.b. ORDINANCE NO. 024917
Ordinance appropriating resources in the amount of $625 in anticipated service agreement
contract funds from the Texas Department of Public and Regulatory Services in the No. 1050
Federal/State Grants Fund for the adult protective services/emergency-home delivered meals
program.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
12. M2002-179
Motion authorizing the City Manager or his designee to execute a contract and to ratify
services provided by the University of Texas Marine Sciences Institute in an amount not to
exceed $118,192 for biological monitoring services associated with the Rincon Bayou
diversion project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
13. M2002-180
Motion authorizing the City Manager or his designee to execute an amendment to an
engineering services contract with Urban Engineering of Corpus Christi, Texas, in the
Minutes - Regular Council Meeting
June 25, 2002 - Page 7
amount of $454,125 for the Southside Water Transmission Main, Phases 2, 2a and 3 and the
Southside Gas Transmission Main Parts B and C.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
14. ORDINANCE NO. 024918
Ordinance appropriating $500,000 into the Street Capital Improvement Program Fund No.
3530 from the Regional Transportation Authority (RTA) for the RTA 2002 Special Projects
Program, increasing Fund No. 3530 appropriation by $500,000.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
15. M2002-181
Motion authorizing the City Manager or his designee to execute a contract with Tiburon Inc.
of Fremont, California, in the amount of $110,935 for maintenance and software support
services on the Police Department's records management, computer-aided dispatching,
mobile data/automated vehicle location systems, and video imaging. The term of the contract
is for one year.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
17.a. M2002-183
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$69,995 from the State of Texas, Office of the Governor, Criminal Justice Division, for
funding available for continuation of a project to prevent minors from purchasing and
consuming alcohol and to execute all related documents.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
17.b. ORDINANCE NO. 024919
Ordinance appropriating $69,995 from the State of Texas, Office of the Governor, Criminal
Justice Division in the No. 1050 State and Federal Grants Fund to implement a project to
prevent minors from purchasing and consuming alcohol.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
Minutes - Regular Council Meeting
June 25, 2002 - Page 8
18.a. M2002-184
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$147,863 from the State of Texas, Office of the Governor, Criminal Justice Division for
funding eligible under the FY2001 juvenile accountability incentive block grants program
and to execute all related documents to continue the Juvenile Court within Municipal Court
to reduce juvenile delinquency, improve the juvenile justice system and increase the
accountability for juvenile offenders.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
18.b. ORDINANCE NO. 024920
Ordinance appropriating $147,863 in the No. 1050 Federal/State Grants Fund from the State
of Texas, Office of the Governor, Criminal Justice Division and transferring $16,429 from
the No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund
as matching grant funds to establish a juvenile court within Municipal Court.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
19. ORDINANCE NO. 024921
Ordinance authorizing the City Manager or his designee to execute a use privilege agreement
with Old Concrete Street Ltd. for the right to stage a fireworks display on a portion of the
Broadway Treatment Plant in conjunction with a performance at the adjacent Concrete Street
Amphitheater; and establishing a fee of $460.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
20.a. ORDINANCE NO. 024922
Ordinance authorizing the City Manager or his designee to execute Amendment No. l to the
joint use parking agreement between All Saints' Episcopal Church and the City of Corpus
Christi authorized by Ordinance 021588 on March 9, 1993 to revise the parking premises.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
20.b. ORDINANCE NO. 024923
Ordinance authorizing the City Manager or his designee to execute Amendment No. 1 to the
lease for Jaycee Field between the Corpus Christi Independent School District and the City
Minutes - Regular Council Meeting
June 25, 2002 - Page 9
of Corpus Christi, authorized by Ordinance No. 022811 on January 7, 1997, to revise duties
related to maintenance of the parking lot.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 16, police video imaging system. Responding to
Council Member Garrett, Police Capt. Leonard Scott said the $40,527 is in addition to what has
already been purchased. He said this project will allow patrol officers to view mug shots from their
patrol cars. He added that the data base of the "backbone" video imaging system is not yet prepared;
the county's and city's contractors are developing it and they hope to have it in place in 60 to 90
days. City Secretary Chapa polled the Council for their votes as follows:
16. M2002-182
Motion approving the purchase of Mobile Viewer software for the TIPS video imaging
system from Tiburon Inc. of Fremont, California, for the total amount of $40,527. The
equipment is for the Police Department funded through the COPS MORE grant and is based
on sole source.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
* * * * * * * * * * * * *
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. 0997-07AMEND. City of Corpus Christi: An amendment to Ordinance No. 023261
to grant a special permit for a moving and storage company on Bayview Addition, Block 13,
Lot 20, located at the southeast corner of Craig and South Alameda Streets.
City Secretary Chapa said the Planning Commission and staff recommended approval of an
amendment to Ordinance No. 023261 to grant a special permit for a moving and storage company.
No one appeared in opposition. Mr. Kinnison made a motion to close the public hearing, seconded
by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes:
ORDINANCE NO. 024924
Repealing Ordinance No. 023261 (which granted Special Permit A-2/SP/98-06 for an office
for a moving/transfer use and limited parking of associated vehicles, subject to a site plan
and conditions, on Bayview Addition, Block 13, Lot 20), upon application by City of Corpus
Christi, on behalf of Maria Gongora; granting a revised special permit identical to the
Minutes - Regular Council Meeting
June 25, 2002 - Page 10
original special permit except for revised conditions No 3, Fencing, and 7, Signage;
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, and Noyola voting "Aye"; Scott absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
22. Case No. 0402-04, Mary C. Roberts: A change of zoning from a "R -1B" One -family
Dwelling District to a "B-1" Neighborhood Business District on Glenoak Subdivision, Lot
3, located on the south side of Glenoak Drive, approximately 200 feet east of Waldron Road.
City Secretary Chapa said the Planning Commission recommended denial of the "B-1"
District, and in lieu thereof, approval of a special permit for an animal grooming shop subject to a
site plan and seven (7) conditions. He said city staff recommended denial of the zoning change.
Mr. Michael Gunning, Planning Director, showed slides of the existing land uses in the
subject area. He said the applicant's family currently lives in the residence, which includes a 520 -
square foot attached garage toward the rear of the property which Ms. Roberts hopes to convert into
the animal grooming shop. He said staff is opposed to the special permit for several reasons:
availability of vacant "B-1" zoned property in the area that is more suitable for commercial
development; location of the subject property on an interior lot and lack of access to an arterial
street; and the possibility of future additional requests for non-residential uses in the area.
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. Responding to Mayor Neal, Mr. Chapa said
the ordinance before the Council is the Planning Commission's recommendation. He said if the
Council wished to vote for the staff's recommendation, they would vote against the ordinance.
In reply to Council Member Scott, Mr. Gunning said staff is opposed to this request because
they feel a precedent would be set for non-residential uses to further encroach into the neighborhood
on Glenoak Drive. He said a special permit is a zoning district in and of itself and it would provide
a buffer between the `B-1" and "R -1B" zoning. He said one property owner expressed concern about
animals barking during the daytime and the special permit would prohibit animals from staying
overnight at the pet shop. Mr. Scott said he thought the Planning Commission was trying to
accommodate a business use while also providing some safeguards for the neighborhood.
Council Member Longoria said there have been other situations whereby opposition was not
raised to a particular rezoning and, as a result, a decision was made which ultimately infringed on
the neighborhood. He said he agreed with staff's recommendation to deny the request.
Minutes - Regular Council Meeting
June 25, 2002 - Page 11
Mr. Chapa polled the Council for their votes and Item 22 initially failed to pass by the
following vote: Chesney, Kinnison, Noyola, and Scott voting "Aye"; Neal, Colmenero, Garrett,
Kelly, and Longoria voting "No."
Mr. Kelly said he misunderstood and thought he was voting in support of the Planning
Commission's recommendation. Consequently, he said he wished to change his vote to "Aye." Mr.
Chapa said if the Mayor and Council concurred, he could retake the vote on Item 22. There was
concurrence of the Council to do so and Mr. Chapa repolled the Council as follows:
22. ORDINANCE NO. 024925
Amending the Zoning Ordinance upon application by Mary C. Roberts by changing the
zoning map in reference to Lot 3, Glenoak Subdivision, (currently zoned "R -1B" One -family
Dwelling District) by granting a special permit for an animal grooming shop subject to a site
plan and seven (7) 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: Chesney,
Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Neal, Colmenero and Longoria
voting "No."
* * * * * * * * * * * * *
Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
23. Case No. 0502-03. Paula Gaut Properties. Inc.: A change of zoning from a "R -1B" One -
family Dwelling District to a "B-4" General Business District on Bass Subdivision, Block
28, Lot K, located on the north side of Saratoga Boulevard, approximately 675 feet east of
Airline Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of a
"B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Kinnison
made a motion to close the public hearing, seconded by Mr. Chesney and passed. Mr. Chapa polled
the Council for their votes as follows:
ORDINANCE NO. 024926
Amending the Zoning Ordinance upon application by Paula Gaut Properties Inc. by changing
the zoning map in reference to Lot K, Block 28, Bass Subdivision, from "R -1B" One -family
Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
June 25, 2002 - Page 12
Mayor Neal referred to Item 24, a public hearing on the Flour Bluff area street improvements
project. A motion was made, seconded and passed to open the public hearing. Council Member Scott
asked when this project will be completed. Mr. Angel Escobar, Director of Engineering Services,
said the anticipated completion is September 2003. Mayor Neal called for public comment.
Mr. James Lee, 524 Lakeside, said he thought there was a previous bond project to pay for
these improvements. He added that the neighbors should not be assessed an additional cost for
improvements to property that does not belong to them.
Mayor Neal asked City Attorney Bray if he had any record of a prior bond election regarding
this project. Mr. Bray said he did not know of any. He added that in general, bond funds are often
used in combination with street assessments to construct improvements to neighborhood streets and
the assessments come about through a petition of the property owners. He said a street assessment
is legally a form of a tax but it is limited to the benefit of the owners whose property abuts the street.
He said it includes a finding that the improvements enhance the value of the owners' property.
Ms. Cynthia McKinny, 423 Claride St., questioned whether the streets would continue to be
dug up to install water and wastewater improvements. Mr. Escobar explained that in November 2000
a bond project was passed for paving assessments but it did not include the Flour Bluff area. He said
the city is adjusting the gas lines and laying some stormwater lines along Jester Street. He said the
contract includes approximately $800,000 in street work, of which most is being paid for by the
CDBG program and about $200,000 is being assessed to the property owners. In addition, there is
about $1 million in utility work.
Ms. McKinny said many of the property owners have septic tanks. Mr. Escobar said the
contractor will be required to bring the wastewater line (including a clean-out) up to the owners'
properties. Ms. McKinny also asked about liens and costs of driveways. Mr. Bray replied that the
amount of the assessment until paid constitutes a lien against the property and, if not paid, the
property could be foreclosed upon. Mr. Escobar pointed out that if a family qualifies for the CDBG
program, they can qualify for a grant to pay for all or part of their assessment.
Mr. James Sierman, 417 Scotland St., said that very few citizens showed up for the
informational meetings at the senior centers when they were held. He said most of the neighbors are
glad to see this project progressing and most of the families will not be charged anything according
to the list.
Mrs. Ellen May Sierman, 417 Scotland St., said she appreciates the Council's efforts in Flour
Bluff. She said they want the improved streets and sidewalks under any conditions because she hates
to see children walking to school through the street and playing in the gutters.
Mr. Wes Hodges, Pastor of First Baptist Church of Flour Bluff, said they are not opposed to
the proposed changes but their church owns three lots and it will be assessed over $10,000. He said
it will hurt their congregation, which consists of only about 50 people. He said he does not think they
will qualify for any grants. Mr. Hector Vallejo, Acting Director of Housing and Community
Development, said the paving grant is intended just for homeowners.
Minutes - Regular Council Meeting
June 25, 2002 - Page 13
Ms. Hilda Wilkinson, 402 Claride, questioned the measurements used to calculate her
assessment. Mr. Escobar said staff will provide Ms. Wilkinson with that information.
Mr. Lee said that as a result of these improvements, the homeowners' property values will
increase and, as a result, they will be paying higher taxes. He said the additional taxes should take
care of the assessment.
Ms. McKinny said she did not receive a notice of the meeting regarding this project and she
asked if the neighbors can request additional meetings. Assistant City Manager Ron Massey said the
assessment payments will not occur until after the construction is completed. Mr. Escobar said the
mailings were sent to the addresses in the tax records.
Mayor Neal said this project began in March 2000 in cooperation with the neighbors in the
area. He noted that street improvements generally occur through an ad valorem tax -financed bond
election; through the CDBG program; or through a combination of those with a neighborhood
petition. He reiterated that projects such as this consist of many types of improvements. Mrs.
Sierman said this project will greatly benefit the neighborhood.
City Secretary Chapa polled the Council for their votes as follows:
24.b. ORDINANCE NO. 024927
Ordinance closing the public hearing on proposed assessments for improvements to the
following highways in Corpus Christi, Nueces County, Texas for the Flour Bluff area street
improvements, Phase 1, as follows: Claride Street from N.A.S. Drive to Mounts Street;
Mounts Street from Claride Street to Lakeside Drive; Jane Street from Jester Street to Claride
Street; Webb Street from N.A.S. Drive to Jane Street; and Scotland Street from N.A.S. Drive
to Jane Street; imposing assessments totaling $251,224.35 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 as follows: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
24.c. M2002-185
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $1,826,159 with Bay Ltd. of Corpus Christi, Texas, for the Flour Bluff area
street improvements, Phase 1, as follows: Claride Street from N.A.S. Drive to Mounts Street;
Mounts Street from Claride Street to Lakeside Drive; Jane Street from Jester Street to Claride
Street; Webb Street from N.A.S. Drive to Jane Street; and Scotland Street from N.A.S. Drive
to Jane Street.
Minutes - Regular Council Meeting
June 25, 2002 - Page 14
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Colmenero absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 26, a presentation on the Park and Recreation Department's Gulf
beach operations. Mr. Whitworth gave a computer presentation, noting that city staff were given one
month to implement the operations, which increased from one mile of beach to approximately seven
miles as a result of the city's annexations of Mustang Island in December 2001 and portions of Padre
Island in April 2002. He said the department maintains three beach zones: from Access Road #6
south 1.7 miles just inside the Kleberg County line; from Access Road #4 north to Zahn Road; and
from just south of Access Road #2 to approximately four miles north to the Port Aransas city limits.
Mr. Whitworth said the department conducts four main operations: seaweed removal, beach
maintenance, trash pick-up, and special events. He said seaweed is a seasonal problem; however,
when it is accreting, the process is continuous. He said the city's efforts provide temporary relief
from the seaweed but they are affected by tides and the presence of beach users. A brochure
explaining the seaweed situation is being distributed locally. Mr. Whitworth said the department has
seven full-time employees and two seasonal laborers (June -August). Permanent employees are
scheduled to work 40 hours per week on rotating shifts and on a typical day, there will be three to
four employees working from 7:30 a.m. to 3:30 p.m.
The Park and Recreation Director also described the types of equipment used both for beach
maintenance and trash pick-up. He said approximately 125 trash barrels are routinely emptied on
Mondays and Fridays; based on priority areas, trash is picked up daily. He also discussed the
maintenance of the portable toilets. Mr. Whitworth said the city began selling beach parking permits
on June 15, 2002 at a cost of $6 each (which are valid from January 1 -December 31). They are
available at most Circle K stores, all HEB stores, Wal-Mart at Flour Bluff, and Academy. He said
revenues from the parking permits and hotel/motel taxes fund the beach operations. Mr. Whitworth
also briefly discussed the city's involvement with special events on the beach. Mayor Neal
commended Mr. Whitworth and his staff for their beach operations efforts.
Council Member Chesney said he hopes that when staff talk with media outlets (particularly
those around the state), they should emphasize that they are trying to get rid of the seaweed in an
environmentally appropriate way.
Responding to Council Member Kelly, Mr. Whitworth said one way of disposing of the
seaweed is to place it in the sand dunes; another method is to fold the seaweed into the sand using
a motorgrader, which helps to nourish the beach. Mr. Kelly said Corpus Christi's beaches are cleaner
than those in Galveston and he complimented staff.
In reply to Council Member Garrett, Mr. Whitworth further discussed the maintenance of the
portable toilets. He said that during the recent C -Sculptures special event, the organizer was required
to provide additional toilets. Mr. Garrett asked if the city has the appropriate equipment to provide
beach maintenance services. Mr. Whitworth said they use equipment from the vehicle pool and there
Minutes - Regular Council Meeting
June 25, 2002 - Page 15
have been occasions when breakdowns have strained beach operations. In response to another
question from Mr. Garrett, Mr. Todd Jensen, Beach Maintenance Supervisor, said that for special
events staff creates a traffic berm for use by emergency vehicles.
Council Member Longoria asked about enforcement of litter control. Mr. Whitworth said that
at current staffing levels, they do sometimes fall behind on the trash pick-up. He said staff intends
to try to make people more personally responsible for their trash. He added that they will work with
the Police Department on enforcement efforts. Mr. David Ondrias, Assistant Director of Operations,
said that when appropriate, staff hands out trash bags during special events. Mr. Longoria said the
beaches should be clean at all times and eventually citizens will respect those efforts.
Council Member Noyola asked about the length of the seaweed season. Mr. Whitworth said
it varies but it is generally four to five months long. Mr. Noyola suggested that the city look into
benefitting from a lawsuit against Koch Refinery. Council Member Scott complimented staff on the
beach parking permits and he asked if the city will eventually purchase portable toilets. Mr. Ondrias
replied that for the upcoming fiscal year the city will continue to lease and service them. Mr. Scott
also commented on the need to better control litter. Council Member Colmenero also discussed the
litter problem and suggested that staff work with the Blucher Institute regarding the seaweed issue.
Mayor Neal called for a brief recess.
* * * * * * * * * * * * *
Upon reconvening the meeting, the Mayor referred to Item 27, election issues regarding
economic development and the Crime Control and Prevention District. Deputy City Manager Noe
said that in anticipation of the November 5, 2002 election, the Council will need to decide which
issues will be placed on the ballot for possible use of the two remaining 1/8th cent sales tax
increments. The following issues have been discussed publicly: baseball stadium, education/skills
development, business development/incubation, jobs, and affordable housing.
Mr. Noe said other 1/8th cent sales tax issues are whether the tax should have a time limit
and, if so, its length; whether the operations and maintenance cost for the baseball stadium and other
projects should be included; whether the site for the stadium should be included; and which
economic development sales tax alternative should be adopted (4A or 4B). He said that for the 2000
bond election, the 4A section of the statute was chosen for the seawall and arena projects because
the time period of the tax can be limited.
Mr. Noe also discussed the proposed ballot language for the following issues: "Continuation
of Crime Control District: For or Against whether the Corpus Christi Crime Control and Prevention
District should be continued for five years and the crime control and prevention district sales tax
should be continued for five years"; and "Lease of city property at south end of marina: For or
Against enactment by the Corpus Christi City Council of an ordinance granting to Corpus Christi
Wharf Company Ltd. a lease of city property at the south end of the marina, as the ordinance and
lease appear on file with the City Secretary."
Minutes - Regular Council Meeting
June 25, 2002 - Page 16
Mr. Noe then reviewed the economic development sales tax alternatives under Section 4A
of the Development Corporation Act: Alternate 1- baseball stadium only; Alternate 2.a.- new and
expanded business enterprises (with binding limitation on the types of projects in the ordinance); and
Alternate 2.b.- baseball stadium. Under Section 4B, the alternatives are: Alternate 3- combined
submission of a baseball stadium and other projects; and Alternate 4- baseball and other projects
separately voted upon.
Responding to Council Member Scott, Mr. Noe said the city has a letter from the Attorney
General's Office that says under Section 4B, a time limit for the tax cannot be designated. He also
pointed out that the board structure under the two sections is different: under Section 4A there is a
five -member board appointed by the City Council for terms not to exceed six years; under Section
4B there is a seven -member board appointed by the Council for two-year terms but only three
members can be officers or employees of the city and the directors have to be city residents. City
Attorney Bray added that Section 4A specifies what has to be on the ballot whereas 4B does not. He
further discussed the origins of the two sections.
Mr. Scott commented about giving voters an opportunity to choose whether they want job
promotion alone or whether they want jobs and a baseball stadium, which provides affordable family
entertainment. He also asked if location alternatives can be placed on the ballot, and Mr. Bray replied
that there is no authority to do that.
Council Member Kinnison asked whether a new 4A corporation would be formed if a 4A
ballot issue was approved or whether the existing 4A board for the seawall and arena would remain
in effect. Mr. Bray replied that a city cannot have more than one 4A board. Responding to another
question from Mr. Kinnison, Mayor Neal said that although there was initial discussion about having
a longer term for the CCD, the board ultimately established a five-year renewal period. Mr. Bray said
the CCD board calls the election for its ballot issue and the city calls the election for its issue or
issues, resulting in a joint election that will be administered by the city.
Mr. Kinnison asked about the timeline to place City Charter "housekeeping" issues on the
November ballot. Mr. Bray said that about 70 days before the election (near the end of August), the
City Secretary will finalize the election information to send to the Justice Department. City Manager
Garcia pointed out that staff can prepare charter housekeeping issues for the Council's consideration
and he noted that there is a prohibition against amending the charter more than every two years. Mr.
Bray said the last time the charter was amended was in 1993.
Responding to Council Member Colmenero, Mr. Noe said there is an extensive list of items
in the legislation that are allowable expenses under Section 4B, including virtually anything that is
allowable under Section 4A. He added that under Section 4A, the driving factor for the duration of
the tax will be if the Council selects the baseball stadium option because they will have to allow
enough time to issue bonds and pay off the debt. Mr. Noe further explained the ballot options.
In reply to Council Member Noyola, Mr. Bray said the Council does not have to specify a
location for a baseball stadium and, if they did not make any further commitment than that, it would
be up to the Council later to determine where the ballpark would be located. Mr. Noe said the current
Minutes - Regular Council Meeting
June 25, 2002 - Page 17
commitment from baseball Hall of Fame member Nolan Ryan and his sons is for a three-year right
to exercise this option. He said if a specific site is listed on the ballot, the city would be committed
to that site when they spend the funds to construct the stadium. Mr. Noyola said he does not agree
with placing a stadium in the downtown area, saying the Council should explore placing it in another
part of the city.
Council Member Kelly asked about Alternate 2 regarding the ballot language. Mr. Noe said
it uses the generic language that is spelled out in the statute for all those 4A economic development
uses. Mr. Bray pointed out that language would be included in the ordinance calling the election
creating a contract with the voters that sales tax revenues from the tax (other than for the baseball
stadium, if approved) could not be used for anything other than the enumerated uses, such as
education/skills development, business development/incubation, and jobs.
Mr. Bray went on to say that affordable housing would be a 4B use and it would have to
appear on the ballot separately. He added that Section 4A basically specifies --in the context
contained in the samples provided to the Council --two ways of proceeding. One way is the broad
submission with the business enterprise language and the other way is adding the specific 4B
projects. Mr. Bray said the election ordinance can contain language that says the city contracts with
the voters that the monies will only be used for specific projects, which would be enumerated and
legally binding on future Councils.
Mr. Kinnison asked if the Corpus Christi Regional Economic Development Corporation
(EDC) has a written agreement with Mr. Ryan and his representatives. Mr. Ron Kitchens, President
and CEO of the EDC, said they have an agreement with the Ryans to work on the baseball stadium
process together. He said once the Council places the item on the ballot, a memorandum of
understanding will be drafted, which is a function of the city and the Port of Corpus Christi.
Assuming the issue is approved by the voters in November, the Ryans would then have 36 months
to put in place the purchase of a baseball team and league approval. Mr. Kitchens added that "minor
league" is affiliated with Major League baseball. Mr. Kinnison said he thinks the agreement should
specify a class AA -level team or above. Mr. Kitchens said the current price for a AA team is
approximately $7 million, while a AAA team could cost about $10 million. He also discussed other
costs associated with a minor league team and entertainment options available at a baseball stadium.
Mr. Kinnison said he understands Mr. Noyola's concerns about locating the baseball stadium
in the downtown area. However, he said the arena issue was approved by at least 60% of the voters,
in contrast to previous failed attempts to locate an arena elsewhere. He added that the Council has
a responsibility to inform the voters of the benefits of locating a baseball stadium downtown. Mr.
Noyola said he thinks voters should have the opportunity to decide the location of the stadium. Mr.
Bray replied that the statute has no legal authority to present the issue that way.
Mr. Longoria said the stadium would not actually be located downtown but rather on the
north side near the port. He said if the voters approve the stadium, the corridor that would be
developed is Port Avenue. Additional discussion ensued.
Minutes - Regular Council Meeting
June 25, 2002 - Page 18
Mr. Kinnison commented that the city cannot tell Landry's Restaurants Inc. or the Ryans
where to locate their developments. He urged the Council to not lose this opportunity for a stadium.
Mr. Scott said he has worked on different projects all over the city and he supports the port location.
He also commented on the issue of parking. Mr. Chesney said he finds it difficult to understand why
someone would not support the stadium because of its location. He said it should be built where
other development exists to create a synergy among the facilities. Mr. Chesney asked if Alternate
2 is staff's recommendation and Mr. Noe replied affirmatively.
Mr. Colmenero said that Corpus Christi has lost out on many projects, such as Fiesta Texas
and Seaworld, and this baseball stadium will provide a valuable development opportunity. He added
that parking problems are an inevitable outfall of growth. Mr. Kelly said this project, like the Ortiz
Center and other port projects, seem to be accelerating the redevelopment of Port Avenue to the
benefit of that area. He reiterated that Nolan Ryan wants to locate the stadium in the northside area.
Mr. Noyola said he will not push to defeat the baseball stadium issue but neither will he support it.
Mr. Kinnison made a motion to direct staff to draft formal language regarding Alternate 2
with a 15 -year time period; renewal of the Crime Control District; and City Charter housekeeping
items. Mayor Neal said he would like to add the South Wharf project. Mr. Garcia said those issues
will be discussed during the Council's July 9th meeting. Mr. Colmenero seconded Mr. Kinnison's
motion and it passed.
* * * * * * * * * *
*
**
The next presentation was Item 28, the Risk Management Division quarterly report and the
health program comparison. Ms. Lee Ann Dumbauld, Finance Director, introduced Ms. Donna
James, Manager of the Safety & Risk Management Division; Mr. Keith McNeely, a consultant for
the city; and Mr. Greg Manning, statistician in the Risk Division. Ms. Dumbauld said that year to
date, all the health plans combined have a cash flow basis of $878,455, which is better than the two
prior years. She said the city analyzes the funds using two bases --cash flow and financial statements.
Ms. Dumbauld then delineated the quarterly revenues and expenditures for the city's health
plans: Citicare, Citicare Q -Plus, Citicare Fire, and Public Safety Citicare. She discussed additions
and deletions to the plan, which begins August 1, 2002. The Finance Director also reviewed the
workers compensation program, which has a fund balance of $100,830. She noted that the Police,
Fire and Solid Waste departments have the most workers compensation incidents and in the
proposed budget staff is recommending committing more money to claim mitigation, safety training,
and wellness programs.
Ms. Dumbauld and Ms. James then responded to Council members' questions. City Manager
Garcia said the city's safety program is very comprehensive and is tailored to the specific needs of
the individual work groups. He added that the move to the automated garbage collection program
has for the most part eliminated the very dangerous job of garbage collector.
Mr. McNeely, with McGriff, Seibels & Williams, gave an overall review of the health plan.
He said that with regard to the state of the market place, health benefit costs are expected to rise
Minutes - Regular Council Meeting
June 25, 2002 - Page 19
12.7% in 2002 and non -controlled prescription drug plans are trending at 18% to 25%. He said there
are fewer national participants and concern about local carriers. He said factors driving trend
increases are the aging workforce, higher utilization, and less contracted discounts offered by
providers. He also gave several benchmarking analyses, including the average 2001 plan cost per
active employee; the cost per employee of the city's various health plans; average individual
deductibles; individual out-of-pocket maximum amounts; claims utilization; percentage of claims
dollars; in- and out -of- network costs; PPO savings versus total claims submitted; employers'
strategies for controlling health care costs; and self-funded and pharmacy altematives.
Mr. McNeely said the city's self-funded medical benefits annual program costs are currently
lower on a per -employee basis than national averages for all employers and public entities. He said
they recommend that the city continue to self -fund the medical plan, either through a third -party
administrator option or insurance carrier. Also, the city should negotiate with health networks for
continual strong discounts and savings Mr. McNeely also recommended exploring options on plan
design changes and contribution strategies to help mitigate trend increases. Those options include
wellness programs; predictive modeling; disease management; focusing on large claimants; and
employee education to develop better medical consumers.
Responding to Council Member Longoria, Mr. McNeely discussed what he said was the
richness of the city's health care plan. In reply to Council Member Chesney, Assistant City Manager
Jorge Cruz-Aedo said the new health care program will take effect on August 1, 2003. Mr. McNeely
said that requests for proposals (RFPs) will be prepared and released at the end of 2002 for
administrative services, provider networks, pharmacy services, and stop -loss reinsurance. Council
Member Scott requested additional information about the timeline of the RFPs. Mr. Kinnison asked
when the Council will vote on the contracts, and Mr. McNeely said in May 2003.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Danny Noyola, 4410 Acushnet, said that if Forward Corpus Christi supports the EDC's
four proposed economic development items and rejects proposed infrastructure improvements,
affordable housing, and business development components, a specific -purpose committee will be
formed that will be called Forward All Corpus Christi. He discussed the multiplier effect that can
benefit all citizens and he commented on what he said was a semblance of preferential treatment
regarding the upcoming ballot issues. He said the members of Forward All Corpus Christi would like
to present their plan for economic development at the next Council meeting.
Mr. J.E. O'Brien, 4130 Pompano, said he is prepared to ask a district judge to tell the City
Attorney the exact meaning of Article IV, Section 7 of the City Charter regarding the certification
of funds. He said the Council approved actions to hire Fulbright & Jaworski and Michael Terry to
assist the city in its negotiations with Landry's and Mr. Leon Loeb. Mr. O'Brien said funds were not
certified until after the fact in violation of the charter. He also questioned the method of payment for
Mr. Terry's fees.
Minutes - Regular Council Meeting
June 25, 2002 - Page 20
Responding to Council Member Noyola, City Manager Garcia said the costs for both Mr.
Terry and Fulbright & Jaworski are split between the General Fund, Marina Fund and Utilities Fund.
He said whenever there are projects that impact the whole organization, staff makes sure everyone
pays their fair share. He said both the Landry's and South Wharf projects, if approved, will be major
utilities customers. Mr. Garcia and Mr. Bray reiterated that it is not a violation of the City Charter.
Mr. Mike Bertuzzi, 433 Cape Cod, said he is the Chairman of the Corpus Christi Chamber
of Commerce. He said the Chamber board approved a resolution in support of the proposition
outlined by Forward Corpus Christi for a 1/8th cent sales tax for economic development. He said the
Chamber is encouraging the Council to include the tax on the November ballot.
Mr. Tom Watson, 660 Cantwell Lane, referred to the issue of sexually oriented businesses,
which he said degrade women and offer nothing positive for the community. He expressed concern
about the ordinance which calls for those businesses to move in the future into "1-3" zoning, much
of which is located in District 1. He asked the Council to establish a committee to study the issue.
Ms. Cruz Colomo, President of the Coalition for the Advancement of Women of Nueces
County, said she was appointed as the events coordinator for the city's Sesquicentennial Committee.
She said she was shocked to learn that the chairperson of that committee was calling for the group's
dissolution because of a lack of interest. She said she would be willing to chair the committee to
ensure that the sesquicentennial celebration does occur. Mayor Neal said they are going to take
another look at that issue.
Ms. Danna Hill Sharpe, 2310 Mercury Lane, said she was speaking on behalf of the
Northwest Neighborhood Association regarding the sexually oriented business ordinance. She said
that northwest and north Corpus Christi have large tracts of"I-3" zoning mostly along Highway 44,
and if the businesses locate there, they will be the first thing visitors from the airport will see. She
said that when the ordinance was passed six years ago, northwest Corpus Christi was stagnant. Since
then, both Calallen and Annaville have grown dramatically. She asked this Council to reconsider the
actions of the previous Council regarding the ordinance.
Ms. Mary Beth Nelson, 2721 Erie Dr., said there is a large unguarded oil lake in the area of
FM 2444 and County Road 51. She said that according to aerial photographs of the land, there are
many other such pits that pose a danger to people. Mayor Neal asked staff to investigate the issue.
ars***a******
Mayor Neal opened discussion on Item 29, self-funded health program. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
29. M2002-186
Motion authorizing the City Manager or his designee to continue the self-funded health
program structure.
Minutes - Regular Council Meeting
June 25, 2002 - Page 21
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent.
* * * * * * * * * * * * *
Mayor Neal called for a brief recess. Upon reconvening, he opened discussion on Item 30,
Animal Care and Control Division (ACCD) action plan. Dr. Ardys Boostrom, Acting Director of
Public Health, explained that in FY 2001, the ACCD incurred $805,434 in operating costs
controlling the animal population of Corpus Christi. She said they picked up, received and contained
more than 17,027 dogs and cats, of which less than 3% were adopted (the rest were euthanized).
Dr. Boostrom said the current ACCD facility at 1111 Navigation Boulevard is over 25 years
old and has exceeded its operational lifespan. A new facility is being built on Holly Road and should
be operational by December 2002. She then discussed four initiatives that will improve ACCD's
delivery of services: lethal injection euthanasia for domestic animals; spay and neutering program;
adoption program; and improved efficiencies in operations. She said the budget impact for FY 2002-
03 is $150,000, which is broken out as follows: low-cost spaying/neutering program- $20,000; two
additional Animal Control officers- $41,964; lethal injection euthanasia supplies- $10,000; and
shelter operational expenses- $78,036.
The Acting Director said that lethal injection euthanasia will be implemented by August 1,
2002 at the approximate cost of 59 cents per 25 -pound or less animal. She said training will be
provided free of charge by the Houston Animal Control Division in July. The spaying and neutering
program will be coordinated with local veterinarians, and the adoption program will involve
designating two current Animal Control officers to serve as adoption counselors. She said the ACCD
will increase the detainment period on adoptable animals with the overall goal of placing 100% of
them with local residents.
Responding to Council Member Kinnison, Dr. Boostrom said that about 40% of the animals
are considered adoptable. She said the current detainment period is three days and they are planning
to extend it to one week. Mr. Cruz-Aedo said the ACCD also plans to partner with community
agencies that are engaged in animal adoptions.
Dr. Boostrom said that improved efficiences in the organization will involve customer
service, employee training, a volunteer program, and changes to the ordinances. She said the
customer service elements will include transferring telephone calls for service delivery to the
Utilities Business Office; including weekend hours of operation; and monitoring staff performance
with customer service surveys. In addition, employees will be trained in customer relations,
euthanasia by IV injection, and stress in animal care and control.
Dr. Boostrom said the volunteer program will be a partnership with the community and
emphasize adoption promotion and responsible pet ownership. She also said that proposed changes
to the ordinances will be brought back to the Council within 90 days with the intention of addressing
license fees, breeding of animals, control of the animal population, and the sale of dogs and cats on
Minutes - Regular Council Meeting
June 25, 2002 - Page 22
street corners, which Mr. Cruz-Aedo further discussed. Dr. Boostrom also responded to Council
members' questions. Mayor Neal called for public comment.
Mr. Roger Bateman, President of the Gulf Coast Humane Society, commended all the people
involved in these changes to the ACCD operating plan. He suggested that the city consider adding
$100,000 to the spaying and neutering program. He said the Humane Society adopted about 2,000
animals last year and Corpus Christi has the distinction of being one of the worst U.S. cities
regarding the number of animals destroyed. He said spaying and neutering is a very effective way
of dealing with that problem along with an aggressive public education program.
Ms. Cruz Colomo commended the Council, city staff and Ms. Sherry Dunlap for their efforts
to address the animal control problem.
City Secretary Chapa polled the Council for their votes as follows:
30. M2002-187
Motion authorizing the City Manager or his designee to implement the Animal Care and
Control Division action plan.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent.
Dr. Boostrom then gave the Council an update on mosquitos found to be carrying the St.
Louis encephalitis virus.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 31, cable franchises. Mr. McDaniel described the four
separate ordinances that are before the Council and the key changes that have occurred since the first
reading on May 21, 2002. He said city staff has had extensive dialogue with cable users and another
meeting with the Cable Communications Commission.
With regard to the first ordinance (Item 31.b.), Mr. McDaniel said the key changes include
the donation of specified studio equipment to the city by Time Warner; receipt of an equipment
maintenance/facility grant of $3,500 annually in lieu of the $50,000 in year 7; and that Time Warner
is obligated to franchise provisions regarding public, educational and governmental access (PEG)
even if ClearSource/Grande Communications fails to honor amendments within 120 days, provided
the city has initiated formal proceedings. Responding to Council Member Scott, Mr. McDaniel said
the users of the public access cable channel (Channel 10) will use a lottery system to schedule their
programs, a system that is already being used by the religious access users group.
Mr. McDaniel said the changes to the ordinance amending the master cable service ordinance
(Item 31.d.) include: the potential for live feeds from public access users; additional access user
group responsibility (e.g., block of time, tape delivery deadlines and applications); occasional
Minutes - Regular Council Meeting
June 25, 2002 - Page 23
programming beyond 59 minutes; "triggers" for forfeiture of time slots; program identification
requirements; and complaint/appeal processes.
The Budget Director said the key change regarding the ClearSource franchise amendment
(Item 31.f.) is the equipment maintenance/facility grant of $3,500 annually in lieu of the $50,000 in
year 7 (upon the effective date of the amendments). Regarding the ordinance approving the
transaction between ClearSource and Grande Communications (Item 31.h.), Grande has guaranteed
the ClearSource PEG obligations even if the transaction does not occur. The Mayor called for public
comment.
Ms. Mary Beth Nelson said one question is whether the public access users group --rather than
city staff --should be establishing the rules. She said she and others have formed an organization
called Nueces Public Access Corporation, which is in the process of obtaining non-profit status. She
said they would like to be involved in setting the rules and she added that the lottery system does not
work for public access users. She said the hours of operation have been greatly cut back and she said
the government access channel does not have the same rules. She asked the Council to table these
items to further discuss them.
Ms. Cruz Colomo said she does not use the public access studio even though she has a public
access program. She said she hopes they can reach a satisfactory conclusion to these concerns.
Mr. John Bell, a local attorney representing Time Warner Cable, said that while the rules can
be a work in process because they have been moved to the regulatory ordinance, he urged the
Council to approve the franchises today. In addition, he said the issue of hours of availability for
public access has been addressed.
Council Member Kelly asked about the equipment donation. Mr. McDaniel said the Council
received in their packets a list of the equipment to be donated by Time Warner, which has been
shared with the public access users. He added that there will be 15 payments of $3,500 for the
equipment maintenance/facility grant.
Council Member Noyola asked about the potential for live feeds. Mr. McDaniel said they
modified the rules in response to a user's request for live feeds at their expense. He said the cable
operator will have to be agreeable to it. In response to other questions from Mr. Noyola, Mr.
McDaniel also further discussed the equipment donations, possible studio costs, and the agreements
that have been reached. Mr. Bray stated that anyone can sue the city but he feels the city is on very
strong ground with regard to this issue.
Council Member Kinnison asked about 50I(c)(3) solicitations. Mr. McDaniel said that issue
particularly concerns religious access users. Assistant City Attorney Lisa Aguilar said the effective
date of the franchise agreement is August 25, 2002, at which time Time Warner will no longer
operate a public access studio. Mr. Kinnison asked if additional meetings will be held, and Ms.
Aguilar said the Cable Communications Commission has committed to having a meeting in August.
Minutes - Regular Council Meeting
June 25, 2002 - Page 24
Council Member Colmenero pointed out that despite some changes, the public access
channels are remaining. Mr. McDaniel said that several public access users of Channel 10 have
engaged in dialogues and are in the processing of organizing themselves. City Secretary Chapa
polled the Council for their votes as follows:
31.a. M2002-188
Motion to amend franchise to Texas Cable Partners Inc. prior to second reading.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly,
Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent.
31.b. ORDINANCE NO. 024928
Ordinance granting to Texas Cable Partners Inc. (Time Warner) a non-exclusive franchise
to construct, maintain, and operate for a period of fifteen years, and during any extensions
thereof, a cable television system and facilities and additions thereto, in, under, over, along,
across and upon the streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way,
easements, highways and other places in the City of Corpus Christi, Texas.
The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent.
31.c. M2002-189
Motion to amend the master cable services regulatory ordinance amendment prior to second
reading.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly,
Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent.
31.d. ORDINANCE NO. 024929
Ordinance amending the master cable services regulatory ordinance governing use of city
streets, lanes, avenues, alleys, sidewalks, bridges, rights-of-way, easements, highways and
other places in the City of Corpus Christi, Texas by providers of cable services.
The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent.
31.e. M2002-190
Motion to amend the ClearSource franchise amendment prior to second reading.
Minutes - Regular Council Meeting
June 25, 2002 - Page 25
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly,
Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent.
31.f. ORDINANCE NO. 024930
Ordinance amending Section 6.2 of the ClearSource franchise regarding public, educational
and government access channels.
The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent.
31.g. M2002-191
Motion to amend the ordinance approving the transaction between ClearSource Inc. and
Grande Communication Holdings Inc. prior to second reading.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly,
Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent.
31.h. ORDINANCE NO. 024931
Ordinance approving the transaction between ClearSource Inc. and Grande Communications
Holdings Inc. subject to requirements.
The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola voting "No"; Garrett absent.
*************
Referring to the second executive session item (Item 4), Mayor Neal made the following
motion, which was seconded by Council Member Chesney:
4. M2002-172
Motion authorizing the City Manager to continue employment of the law firm of Canales &
Simonson to represent the city in David Cook v. City of Corpus Christi, No. C-01-341,
United States District Court, Southern District of Texas, Corpus Christi Division, subject to
certification of funds.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett absent.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
June 25, 2002 - Page 26
Mayor Neal called for the City Manager's report. Mr. Garcia referred to the Sesquicentennial
Committee and he said that city staff members have contacted the chairperson in an effort to
maintain the continuity of that program. Mr. Garcia also discussed the recent incident at Northside
Manor and he said they met with a group from the NAACP and the Corpus Christi Caller -Times
editorial board. He said the officers involved were the directed patrol officers for that area and the
man arrested is alleged to be the primary distributor of crack cocaine there and is a convicted
murderer. Mr. Garcia said he questioned the Police Chief as to why there were not more arrests and
he said Internal Affairs officers went into the apartments to talk with the residents. Mr. Garcia also
discussed issues planned for the July Council meetings.
Mayor Neal encouraged the Council to take part in the many July 4th events that are planned.
He noted that Gov. Rick Perry will attend the celebration on the U.S.S. Lexington. The Mayor asked
about funding from the Nueces County Hospital District. Mr. Garcia said he received a call from Mr.
Jolumy Hipp, who said the hospital district does not have the funding from the tobacco tax, but the
city has not heard about possible funding on the child safety fee. The Mayor also commented on the
City of Austin's projected $68 million shortfall. He called for Council reports.
Mr. Longoria asked the Council if they would be willing to entertain an ordinance
amendment in order to prohibit animals at Kid's Place. Mayor Neal said he had no objections to that
and asked staff to bring something to the Council for their review.
Mr. Chesney thanked staff for the report on Northside Manor, and announced a "Friends of
the Park" meeting on August 13th at 5:30 p.m. at the Park and Recreation Department. Mr. Scott
complimented staff for the dedication ceremony of Don and Sandy Billish Park and he asked about
the status of ADA improvements at the coliseum restrooms. Mr. Garcia said the restrooms have been
completed. Mr. Scott also asked about the President's fair housing initiative. Assistant City Manager
Margie Rose discussed the American Dream Down Payment Fund, saying that staff will provide
additional information. Mayor Neal said he recently endorsed a proposed $12 million apartment
project near Kostoryz Road.
Mr. Kinnison asked when the Council will discuss the city's legislative agenda. Mr. Garcia
said staff is currently reviewing the draft and they will present it to the Council after the budget is
adopted. Mr. Kinnison suggested that the next meeting begin at noon if there is an executive session.
Mr. Noyola asked if the Forward All Corpus Christi group can make a presentation to the
Council on July 9th regarding the election issues. Mr. Garcia said they had not planned on having
any presentations other than one by city staff and they will bring back a proposed ordinance calling
the election and containing the four items they discussed that day: Crime Control District, South
Wharf, 1/8 cent sales tax, and charter revisions.
Mr. Noyola made a motion that the Forward All Corpus Christi group be allowed to make
a presentation to the Council on July 9th on what they are proposing; Mr. Kelly seconded the motion.
Mr. Chapa polled the Council and the motion failed to pass as follows: Kelly and Noyola voting
"Aye"; Neal, Chesney, Colmenero, Kinnison, and Scott voting "No"; Garrett and Longoria absent.
Minutes - Regular Council Meeting
June 25, 2002 - Page 27
Mr. Noyola asked what happens if Forward All Corpus Christi obtains the necessary amount
of signatures for a petition. Mr. Bray said there is only one additional I/8th cent left of the sales tax
and if the Council has an ordinance calling an election with both the Crime Control District tax and
the 1/8th cent economic development tax, that fills out the total two cents that can be legally adopted.
He said this is a complicated issue without clear guidance, but he feels the Council should not put
on the ballot something that, if they all pass, may cause all the items to be void because it exceeds
the two -cent cap. He said his advice is to carry the first two on the ballot and see what happens at
the November election. He said if there is still 1/8th cent left, then the Council can take up the other
issue on the next election date.
Mr. Noyola said the people have the right to petition and the Council will be in a bind if the
group obtains 9,000 signatures. Mr. Garcia said this item can be discussed at length during the July
9th meeting. He said he feels the City Attorney's proposal is reasonable, is defensible, and allows
the city to proceed.
Mr. Kelly discussed the sexually oriented businesses ordinance, which he said presupposes
that such businesses impose a burden on the community and District 1 already shoulders a
disproportionate share of that burden. He said to continue an ordinance that forces all new sexually
oriented businesses to go into District 1 and to move the existing businesses there is unfair and
inappropriate for the people who live in that area.
Mr. Colmenero also commented on the coliseum restrooms and the National League of
Cities' position on the new housing issues. Mr. Garcia said that while those initiatives are very
worthwhile, the Homeland Defense initiative is also a priority, which he explained.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 8:15 p.m. on June 25, 2002.
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