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HomeMy WebLinkAboutMinutes City Council - 10/22/2002I 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 October 22, 2002, which were approved by the City Council on October 29, 2002. WITNESSETH MY HAND AND SEAL, this 29' day of October 2002. SEAL Armando Chapa City Secretary MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 22, 2002 - 1:20 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier D. Colmenero Council Members: Brent Chesney* Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ABSENT John Longoria 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. Anson Nash, Padre Island Baptist Church, and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 8, 2002. A motion was made and passed to approve the minutes as presented. *Council Member Chesney arrived at the meeting. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Ethics Commission Human Relation_ s Commission Michelle Thomas Erica Alatorre * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 3-13). Council members requested that Items 5, 6 and 11 be discussed. There were no comments from the audience. City Secretary Chapa stated that Item 13 needed to be amended as follows: replace the words in the caption "the Unreserved Balance" with the words "anticipated program income." Mr. Chesney made a motion to amend Item 13 as stated by Mr. Chapa, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes and the following passed: 3. M2002-343 Motion authorizing the City Manager or his designee to purchase a Digital Video Recording System for a total cost of $31,889 from the Chubb Security Inc. of San Antonio, Texas, for Minutes - Regular Council Meeting October 22, 2002 - Page 2 the Corpus Christi International Airport closed circuit terminal system. Funds are available in the Federal Aviation Administration Security Compensation Grant No. 3-48-0051-33-02. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 4. M2002-344 Motion authorizing the City Manager or his designee to execute an agreement with DataSeek Corporation of San Antonio, Texas, to purchase Oracle 9i standard edition database software based on the State of Texas Cooperative Purchasing Program for $54,929.97 and including first year maintenance. The term of this contract will be for thirty-six months. This database software will be used to support multiple enterprise -wide applications. Funds have been budgeted in the Municipal Information Systems in FY2002-2003. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 7. M2002-347 Motion approving supply agreements with the following companies, for the following amounts, for approximately 2,106 gas meters in accordance with Bid Invitation No. BI -0076- 02 based on low bid for an estimated annual expenditure of $116,703. The terms of the contracts will be twelve months with options to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. These meters will be used by the Gas Department. Funds have been budgeted by the Gas Department in FY 2002-2003. National Meter, Inc. Lancaster, Ohio Bid Item 1 $66,000 Actaris US Gas, Inc. Owenton, Kentucky Bid Items 2 and 3 $9,205 Grand Total: $116,703 McGinnis Industrial Sales, Inc. Houston, Texas Bid Items 4, 5, 6 and 7 $41,498 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 8.a. M2002-348 Motion authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $6,677.97 for the purchase of equipment, supplies and services associated with networking the Corpus Christi Fire Department Stations. Minutes - Regular Council Meeting October 22, 2002 - Page 3 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 8.b. ORDINANCE NO. 025046 Ordinance appropriating a grant in the amount of $6,677.97 from the Coastal Bend Regional Advisory Council in the No. 1050 Federal/State Grants Fund to purchase equipment, supplies, and services to network the Corpus Christi Fire Department Stations. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.a. M2002-349 Motion authorizing the City Manager or his designee to accept a modification to a grant from the U.S. Bureau of Reclamation for an additional $5,000 for leak detection analysis of the city's water distribution system. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 9.b. ORDINANCE NO. 025047 Ordinance appropriating $5,000 from the U.S. Bureau of Reclamation in the No. 1050 Federal/State Grants Fund to conduct a leak detection analysis of the city's water distribution system. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10.a. M2002-350 Motion authorizing the City Manager or his designee to accept a grant in the amount of $267,626 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY2002 Law Enforcement Block Grants program and to execute all related documents. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 10.b. ORDINANCE NO. 025048 Ordinance appropriating $267,626 from the U.S. Department of Justice, Bureau of Justice Assistance in the No. 1050 Federal/State Grants Fund to purchase law enforcement equipment for the Police Department; appropriating $29,736 from the Law Enforcement Minutes - Regular Council Meeting October 22, 2002 - Page 4 Trust account in the No. 1050 Federal/State Grants Fund as the grant match. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 12. RESOLUTION NO. 025049 Resolution amending Resolution No. 022938 to change the membership of the Community Youth Development Advisory Committee from 16 to 11 voting members, with two voting positions filled by youth involved in the Youth Action Committee. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 13. ORDINANCE NO. 025050 Ordinance appropriating $225,377 from anticipated program income in the No. 1050 Federal/State Grants Fund as State Fiscal Years 2001-2002 and 2002-2003 program income to fund environmental, health, laboratory, and nursing services for the period of September 1, 2001 through August 31, 2003. An emergency was declared and the foregoing ordinance passed, as amended, as follows: Neal, C hesney, C olmenero, G arrett, K elly, Kinnison, N oyola, a nd S cott v oting "Aye' ; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, purchase of two computer servers. Council Member Noyola said that according to the agenda information, DataSeek can rebate $36,800 to the city for the K and D systems that are currently installed, as long as they are returned to HP's designated carrier within 90 days of shipment o f the new systems. Mr. Ogilvie Gericke, MIS Director, replied affirmatively. City Secretary Chapa polled the Council for their votes as follows: 5. M2002-345 Motion authorizing the City Manager or his designee to execute an agreement with DataSeek Corporation of San Antonio, Texas, to lease -purchase two (2) HP rp7410 servers based on the State of Texas Cooperative Purchasing Program for $293,088.78 (including shipping and handling). This price includes a rebate of $36,800 as trade up. To be eligible for this rebate, the city must return the current servers within 90 days of shipment or the price will change to $329,888.78. Financing will be provided through the City's agreement with Bank of America and the term of the lease purchase will be thirty-six (36) months. The two servers will be used as database and application servers to support multiple enterprise -wide applications. Funds have been budgeted in Municipal Information Systems in FY2002-2003 and will be requested for all subsequent years. Minutes - Regular Council Meeting October 22, 2002 - Page 5 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, purchase of two custom -fabricated air handling units. Council Member Noyola asked if the apparent low bidder, Temtrol (in care of Mechanical Representative Inc. of San Antonio) was notified of the date when the equipment would be needed. Mr. Michael Barrera, Procurement and General Services Manager, said when staff released this bid, they asked the bidders to provide what their regular lead time and price would be and what an expedited delivery time and price would be. He said staff has been trying to expedite the completion of the One -Stop Development Center located at 2402 Leopard. Mr. Noyola pointed out that there is a difference of $12,253 between Temtrol's bid and the bid submitted by South Texas Equipment Inc. He said if staff knew they needed the equipment on or about November 25, 2002, they should have issued the bid invitations much sooner (rather than in late September or early October). City Manager Garcia said the design of this project has been very challenging; in fact, he said he rejected the original plans and had them redesign it in order to lower the overall cost by about $200,000. However, that resulted in a time constraint in ordering some of the key equipment. Responding to a question from Mr. Noyola, Mr. Kevin Stowers, Assistant Director of Engineering Services, said that if the equipment was instead purchased from Temtrol, it would delay the city's ability to occupy the first floor of the building. City Secretary Chapa polled the Council as follows: 6. M2002-346 Motion approving the purchase of two (2) custom -fabricated air handling units (AHU) from South Texas Equipment Inc. of San Antonio, Texas, in accordance with Bid Invitation No. BI -0018-03, based on low bid meeting specifications for a total amount of $38,800. This equipment is for the One -Stop Development Center located at 2402 Leopard. Funds have been budgeted by the Engineering Department in FY2002-2003. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Noyola voting "No"; Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, effluent diversion demonstration project. Responding to Council Member Scott, Mr. Ed Garana, Water Superintendent, explained that Item 11.a. has to do with ecological/biological monitoring and inspection monitoring of treated wastewater diversions in the Nueces Delta and Nueces Bay, while Item 11.b. relates to ongoing salinity monitoring in the Rincon Delta and Nueces Bay. He said the fifth year of the Allison Wastewater Treatment Plant effluent diversion demonstration project ends in 2003. Assistant City Manager Ron Massey said that at the end of the five-year period, the city will have to decide whether Minutes - Regular Council Meeting October 22, 2002 - Page 6 or not there is a benefit to continuing to discharge effluent in the estuary. Mr. Massey said there are no guarantees that the city will get any relief from the water release requirements for continuing to do this. He said if the city intends to seek a modification of the operating procedures, staff will discuss the results of the study with the Nueces Estuary Advisory Committee, which would be the first step in raising the issue with the Texas Commission on Environmental Quality (formerly the TNRCC). Mr. Scott asked what was the goal of this study. Mr. Massey said that originally it had to do with a plan involving the Broadway Wastewater Treatment Plant and a large amount of effluent that would have been generated. However, due to the high cost of that project, the city will be taking a different tack. Mr. Scott said he hopes the effluent diversion project will have sufficient data to warrant the city receiving credits from the release requirements. Additional discussion ensued. Mr. Scott said he is committed to conducting the fifth year of monitoring with the intention of taking that data and seeking relief quickly. City Manager Garcia noted that effluent is also used to irrigate large land areas, which reduces the amount of potable water needed. City Secretary Chapa polled the Council for their votes as follows: 11.a. M2002-351 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for ecologicaUbiological monitoring of treated wastewater diversions in the Rincon Delta and Nueces Bay. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. 11.b. M2002-352 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the contract for consulting services with the Conrad Blucher Institute in the amount of $110,370 for ongoing salinity monitoring in the Rincon Delta and Nueces Bay. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal deviated from the regular agenda and referred to Item 21, a presentation to Dr. Richard Davis for 20 years of service to the City of Corpus Christi as the medical director for the Corpus Christi Fire Department. Fire Chief J.J. Adame explained that when he first became chief, Dr. Davis was already serving as the medical director and he provided a stabilizing presence. He said Minutes - Regular Council Meeting October 22, 2002 - Page 7 the City of Corpus Christi was one of the first fire departments in the country to place automatic external defibrillators on every piece of fire equipment, which greatly enhanced the department's emergency life support services. Chief Adame also introduced Dr. David Blanchard, the current medical director. The Fire Chief then presented Dr. Davis with a pen and pencil set and medical director helmet. Dr. Davis expressed his appreciation for being able to work with the Council, city staff, and particularly the directors and staffofthe Fire Department, including Chief Adame and EMS Director John Murray. Mayor Neal then recessed the Council meeting to read the day's proclamations and to swear in the newly appointed board, commission and committee members. * * * * * * * * * * * * * Upon reconvening the meeting, Mayor Neal opened discussion on Item 14 regarding the One - Stop Development Center. City Manager Garcia explained that Frost Bank, the owner of the building, has given the city an allowance to finish the renovations to it. He said their intent is to negotiate an increase of $508,880, which will take about 30 days to finalize the financing of it. Mr. Stowers said that Item 14.b. is the proposed award of the construction contract to DS&S Construction of Corpus Christi in the amount of $831,880, which w ill remodel the first floor (including a great deal of air conditioning and electrical work) and allow for occupancy by January 15, 2003. Council Member Kinnison said he wants to ensure that the city will replace this amount with other funding within 45 days. Mr. Garcia said staff plans to repay the Unreserved Fund Balance with a short-term loan from Frost Bank, that would then be rolled into the lease payments of the various user departments. Council Member Scott said this project has been discussed for about 2V2 years and it includes a commitment that was made to the business community to facilitate the city's operations with them. Mr. Garcia said the city's organizational changes cannot be fully realized until the departments move into the One -Stop Center. Council Member Garrett asked if the departments will be located on the same floor and Mr. Garcia replied affirmatively. He added that some adjustments may have to be made to the parking area to ensure adequate customer parking. Mr. Garrett asked if this project will result in offices being vacated in City Hall. Mr. Garcia said it will and he added that staff can review the plan that was presented to the Council about two years ago, including changes affecting the Police and Fire departments. Council Member Noyola asked about the definition of the word "intent" in the ordinance. Mr. Garcia said the money will be reimbursed. Mr. Kinnison made a motion to amend Item 14.a. to replace the words "with intent to reimburse the No. 3160 City Hall Capital Improvement Program Fund" with the words "with a commitment to reimburse the No. 3160 City Hall Capital hnprovement Program Fund by December 31, 2002." Mr. Noyola seconded the motion to amend and it passed (Longoria absent). There were Minutes - Regular Council Meeting October 22, 2002 - Page 8 no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14.a. ORDINANCE NO. 025051 Ordinance appropriating $508,880 from the Unreserved Fund Balance of the No. 3160 City Hall Capital Improvement Program Fund, transferring to and appropriating in the No. 5110 Maintenance Services Fund for the One -Stop Development Center, with a commitment to reimburse the No. 3160 City Hall Capital Improvement Program Fund by December 31, 2002; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing revenues and appropriations by $508,880 each; amending Ordinance No. 024730 which adopted the FY2001-2002 Capital Budget by increasing appropriations by $508,880. An emergency was declared and the foregoing ordinance passed, as amended, as follows: Neal, Chesney, C olmenero, G arrett, K elly, K innison, N oyola, a nd S cott v oting "Aye' ; Longoria absent. 14.b. M2002-353 Motion authorizing the City Manager or his designee to execute a construction contract with DS&S Construction of Corpus Christi, Texas, in the amount of $831,880 for the One -Stop Development Center project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. ************* Mayor Neal referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 15. Case No. 0802-01, Ralph Diaz: A change of zoning from an "R -1B" One -family Dwelling District to an "I-2" Light Industrial District on Steele Addition, Block 6, Lots 55, 56, 57, and 58, located on the north side of Marguerite Street and 200 feet west of 21st Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" Light Industrial District, and in lieu, thereof, approval of an "R -1B" One -family Dwelling District with a "SP" Special Permit. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 025052 Amending the Zoning Ordinance upon application by Ralph Diaz by changing the zoning map in reference to Lots 55, 56, 57 and 58, Block 6, Steele Addition, (currently zoned "R- Minutes - Regular Council Meeting October 22, 2002 - Page 9 1B" One -family Dwelling District) by granting a Special Permit for a parking lot for eight (8) heavy load vehicles, one (1) roll off equipment and parking for employee vehicles subject to a site plan and ten (10) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 16. Case No. 0802-03, Yolanda Rodriguez: A change of zoning from an "R -1B" One -family Dwelling District to a "B-4" General Business District on Alameda Park Subdivision, Block 6, Lot 30, located on the east side of Everhart Rd., approximately 500 ft. south of Avalon St. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" General Business District, and in Lieu thereof, approval of a `B -1A" Neighborhood Business District. He added that the 20% rule is in effect due to the amount of opposition to the request. Mr. Michael Gunning, Planning Director, gave a presentation about the zoning request and showed slides of the subject property and adjacent properties. He noted that the `B -1A" allows a variety of uses that the applicant will be able to pursue in the future. The Mayor called for comments. Ms. Yolanda Rodriguez said she was representing the property owner. She said they are requesting a special permit which would modify the proposed use from the tint/alarm/audio system business to a used car and tint business, although that would not allow the business to be financially feasible. She said if the special permit is not granted, they will accept the `B -1A" zoning. Mr. J.E. O'Brien, 4130 Pompano, said he is opposed to the "B-4" zoning, adding that the `B - 1A" would be more restrictive. A motion was made, seconded and passed to close the public hearing. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 025053 Amending the Zoning Ordinance upon application by Yolanda Rodriguez by changing the zoning map in reference to Lot 30, Block 6, Alameda Park Subdivision, from "R -1B" One - family Dwelling District to `B -1A" Neighborhood 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, Noyola, and Scott voting "Aye"; Longoria absent. Minutes - Regular Council Meeting October 22, 2002 - Page 10 Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 17. Case No. 0802-04, MTM Northwest, Inc. & MTM Northwest, LTD.: A change of zoning from a "F -R" Farm -Rural District to a "B-4" General Business District on 6.308 acres out of 9.808 acres, Nueces River Irrigation Park, west 1/3 of the east 3/4 of Lot 1, Section 2, located approximately 550 feet south of Northwest Boulevard and 525 feet west of CR 69. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 025054 Amending the Zoning Ordinance upon application by MTM Northwest, Inc. and MTM Northwest, LTD. by changing the zoning map in reference to 6.308 acres out of 9.808 acres of the west 1/3 of the east 3/4 of Lot 1, Section 2, Nueces Irrigation Park, from "F -R" Farm - Rural 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, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 18. Case No. 0802-05, The Enclave Council of Co-owners Inc.: A change of zoning from a "R - 1B" One -family Dwelling District to a `B-1" Neighborhood Business District on 0.07 acre out of Gardendale No.1, Block 6, Lot 7-A, located 375 feet west of South Staples Street, 300 feet north of Cain Drive and 275 feet south of Bonner Drive. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a "R -1B" One -family Dwelling District with a "SP" Special Permit for a parking lot. Mayor Neal asked if the applicant was in favor of this recommendation, and he replied affirmatively. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Noyola, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 025055 Amending the Zoning Ordinance upon application by The Enclave Council of Co-owners, Inc., by changing the zoning map in reference to 0.07 acre out of Lot 7-A, Block 6, Minutes - Regular Council Meeting October 22, 2002 - Page 11 Gardendale No. 1 Subdivision (currently zoned "R -1B" One -family Dwelling District) by granting a Special Permit for an unenclosed parking lot subject to a site plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 19, a public hearing on the Brookdale street improvements from Gollihar Road to Sunnybrook Road and Whiting Drive sidewalk improvements from Churchill Drive to Lanier Drive. Mr. Angel Escobar, Director of Engineering Services, explained that this project is part of the Bond Issue 2000 approved by the voters. He said a petition for Brookdale Drive was submitted to the city on September 7, 1988; the Whiting Drive sidewalk petition was submitted on October 11, 1990. He said bids have been received for the combined project and an assessment roll has been prepared. He said several citizens have said they thought the sidewalk improvements would be paid for completely by the bond issue without assessments to the property owners. Mr. Escobar said an error was made to one assessment and the property owner (listed as Valdemar Cavazos) is responsible for $100.00 rather than $280.00. A motion was made, seconded and passed to open the public hearing on Item 19 and the Mayor called for public comment. Mrs. Beatrice Cavazos, 1701 Whiting Dr., said she is the property owner referred to by Mr. Escobar whose corner lot had the wrong assessment amount. She said she is concerned because this project will repair the sidewalk on the side of her house but the front sidewalk along Churchill is in much more need of repair because it is used by students at Travis Elementary. She said the sidewalk along Churchill has sunk and gets full of water when it rains. Mr. Escobar said the Churchill sidewalk is not included in this project and if Mr. and Mrs. Cavazos want to include it, they will have to pay $942.65. Responding to Council Member Noyola, Mr. Escobar said Brookdale and Whiting are part of the Bond Issue 2000 neighborhood assessment programs. He said Churchill was not included because the city had not received a petition for it from the property owners. In reply to Council Member Colmenero, Mr. Escobar said the city's ordinance requires that $1 per square foot of sidewalk be assessed to the property owner, although the actual construction cost is more. He said on a comer lot, the sidewalk on the side of the house is 50 cents per square foot. He added that the assessment fee can be paid in installments over five years. He said if it is not paid, a lien will be placed on the house for that amount. Council Member Scott said that sidewalks are the property owner's responsibility. Mrs. Cavazos objected to her assessment and Mayor Neal pointed out that her assessment amount was being corrected from $280 to $100. Mrs. Cavazos asked what would be required to include the Minutes - Regular Council Meeting October 22, 2002 - Page 12 Churchill sidewalk. Mr. Escobar said it can be added at the property owners' expense or an assessment petition can be made as a future project. Ms. Janet Thompson, 4621 Brookdale, said she was appearing on behalf of her mother, who lives on Brookdale. She said the Brookdale petition was signed in 1988 and over 50% of the petitioners no longer live on that street. She said her mother is 71 years old and her assessment amount is over $2,500. She said if she cannot pay, a lien will be placed on her house and if she lives another 20 years, the city will take her house away from her. Mr. Scott asked Ms. Thompson if she is suggesting that the project not be done. She replied that she is fairly sure most of the people did not know they were going to have to pay for the street improvements—they assumed the city would pay for them through the bond election. Mr. Escobar read from the Brookdale petition, which states in part, "We understand that we will be assessed on the basis of the actual construction bid price and following the front -foot assessment policy." He said the petition includes sections regarding pavement, curb and gutter, and sidewalks/driveways. He said it also states that "it is understood that this petition will be accepted only if the true property owners and property fronting on the requested improvements support the project by meeting one of the following criteria," which include that over 50% of the property owners have signed; owners of over 50% of the total frontage or over 50% of the property owners within the subdivision which this street is part of; in either event, the petition should be signed by all the owners who represent this property as homestead property. Council Member Chesney asked how much interest the city charges for people who opt to pay the assessment out over time. Mr. Escobar said it is 8% interest. Ms. Thompson questioned the legality of the original petition and she said she has considered circulating her own petition to stop the project. Mr. Guadalupe Guerra said his assessment is about $3,000 which he said he cannot pay because he is a 75 -year-old disabled veteran. He said his wife, 72, is also disabled. Mr. Robert Castro, 4617 Brookdale, said he moved to that house about three years ago and about a year ago some students from Moody High School were conducting a survey about street improvements that would be paid for by the state. Mr. Noyola said the Moody students were referring to Community Development Block Grant (CDBG) funds but this project was part of the Bond Issue 2000. Mr. Castro said he did not sign the 1988 petition because he did not live there and he would rather not improve the street if it is going to cost him that much. A citizen said he lives at 4649 Brookdale. He said he thinks this is a good project but many of the residents cannot afford the assessment because they are elderly. Upon confirmation by Mr. Escobar, Council Member Kelly reiterated to Mrs. Cavazos that her assessment will be changed and the city does not have the funds at this time to repair the sidewalk in front of her house facing Churchill. Minutes - Regular Council Meeting October 22, 2002 - Page 13 Responding to a question from Mr. Kelly, Ms. Mary Frances Teniente, of Engineering Services, said the ordinance stipulates that only CDBG-funded projects qualify for the grant element that pays off the assessments. Mr. Kelly asked if the CDBG program can be expanded to address situations like this. Mr. Escobar said staff will provide a response. Mr. Kelly said he is not surprised that many of the people who may have signed the petition in 1988 no longer live in the neighborhood or may no longer be living. Mrs. Aurora Garcia, 4641 Brookdale, said that she and her husband cannot afford to pay their assessment of $3,857.98 for their two lots. Mr. Kelly asked about the total number of lots affected. Mayor Neal said the total assessment amount is $77,685.74. Mr. Escobar said there are 78 lots for the Brookdale and Whiting projects. Mr. Garrett made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Responding to Council Member Colmenero, Mr. Escobar said staff could determine if this project is located in a CDBG-eligible area to see if it can be included in the next round of CDBG funding. Ms. Mary Dominguez, Housing and Community Development Director, said staff can evaluate this project. Mr. Colmenero said he is aware that the sidewalks in the Whiting area are sunken, including the one in front of Mrs. Cavazos' house. City Manager Garcia said that 30% to 40% of the property owners were opposed to these projects from the beginning. Consequently, he said if the Council is thinking of repolling the neighbors, they may end up with the same amount of opposition. Council Member Chesney said this contract is for $617,998.20 and he asked if that amount can be changed. Mr. Escobar said that a change order can be issued once the contract is awarded but the assessments will still exist. Mr. Chesney commented that it is very difficult to obtain CDBG funds and if this project is not constructed at this time, there is no guarantee that it ever will be. Responding to a question from Mr. Chesney, City Attorney Bray said if there was a project that failed and there was money left over, it could be used for other capital street purposes. Mr. Noyola said this is what happens when these projects are delayed so long. He said there are many people who cannot afford this expense and he questioned whether the neighbors can be repolled to determine if they want this project. Responding to Mr. Scott, Mr. Escobar said the citizens initiated these petitions. Mr. Scott said he thought the city had an obligation to the original petitioners and if the neighbors wished to stop the project, they should take that initiative. Mayor Neal asked about the legal aspects of this issue. Mr. Bray said the Council could delay this item in order to receive a full staff report. He said the petition process is not mandatory but it is a long-standing city policy. He said the special assessment of the neighborhood is based on the idea that the improvements will increase the property values by at least the amount of the assessment. If the assessments are not made, he said the choice is to find additional revenues to construct the project as it is designed or to scale back the project. Mr. Garcia pointed out that this is a very large, expensive project for the city and the assessments constitute only 12% of the total cost. Minutes - Regular Council Meeting October 22, 2002 - Page 14 Mayor Neal pointed out that a few months ago the Council identified about $99.5 million of street work in the FY2002-03 capital improvement budget and $7 million of major street work in FY2003-04, none of which is to be funded through the CDBG. He said if Brookdale Drive is never improved, the residents there will have decreased property values for living on an improved street that also has no underground drainage, curbs, gutters or sidewalks. The Mayor then reviewed the three ways that street projects are funded. Responding to Mr. Kelly, Mr. Bray said the city cannot foreclose upon a homestead property. He said the lien would be collected in the future if the property is sold or the estate transfers. However, there is an exception if improvements are made to the home at the owner's request. In reply to Mr. Colmenero, Mr. Escobar said his department can work with the property owners on payment plans for their assessments. The Mayor said the city will not go out and recertify the street improvement petition. Mr. Bray said staff has not encountered this situation previously but the Council has the authority to proceed regardless. Mayor Neal asked if staff has met with the residents regarding this project, and Mr. Escobar said there was a meeting on June 20, 2002. Mr. Massey said he attended that meeting and there were no objections expressed about the project going forward. Mr. Garrett asked if the prescribed process has been followed with this project. Mr. Escobar replied affirmatively. Mr. Garcia pointed out that there has never been unanimity to construct these improvements. Mr. Garrett said he would not support delaying the project. Mr. Chapa polled the Council for their votes as follows: 19.b. ORDINANCE NO. 025056 Ordinance closing the public hearing on proposed assessments for improvements to the following highways in Corpus Christi, Nueces County, Texas: Brookdale street improvements from Gollihar Road to Sunnybrook Road; and Whiting Street sidewalk improvements from Churchill Drive to Lanier Drive; imposing assessments totaling $77,685.74 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: Neal, Chesney, Garrett, Kelly, Kirmison, Noyola, and Scott voting "Aye"; Colmenero voting "No"; Longoria absent. 19.c. M2002-354 Motion authorizing the City Manager or the designee to execute a construction contract in the amount of $617,998.20 with Garrett Construction Company, of Ingleside, Texas, for the following: Brookdale street improvements from Gollihar Road to Sunnybrook Road; and Whiting street sidewalk improvements from Churchill Drive to Lanier Drive. Minutes - Regular Council Meeting October 22, 2002 - Page 15 The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Colmenero voting "No"; Longoria absent. Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the public hearing on proposed assessments for improvements to Annaville Road from Violet Road to Starlite Lane. He then called for public comment Mr. Dan McDonald, 11127 Annaville Road, said that street does not need to be improved and doing so will not increase the property values of those homes. He said the approximately $1 million that the city will spend on the project can be used for other street projects. He added that the Mayfield street improvements were a waste of money because it is not being maintained. Mayor Neal and Council Member Kelly asked how this project was initiated. Ms. Teniente explained that a letter dated March 18, 1987 to the city's voluntary pavement assessor from Ms. Kelly Beyerly on Annaville Road stated that an additional three signatures were needed for the required majority. She said there is a 1992 memorandum on file stating that Annaville Road from Violet Road to Starlite Lane is a qualified petition. She said city staff never found the original petition but there was a letter in July 2000 to Mr. Carlos Chapa of Annaville Road asking him to acquire the additional signatures. She said it was returned with 21 property owners in favor and six opposed. Mr. Escobar said a meeting was held on June 27, 2002 during which several residents expressed support for the project. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mayor Neal referred to the preliminary assessment roll in the agenda material, which totals $101,144.31. Mr. Chapa polled the Council for their votes as follows: 20.b. ORDINANCE NO. 025057 Ordinance closing the public hearing on proposed assessments for improvements to the following highway in Corpus Christi, Nueces County, Texas: Annaville Road street improvements from Violet Road to Starlite Lane; imposing assessments totaling $101,144.31 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, Noyola, and Scott voting "Aye"; Colmenero and Longoria absent. 20.c. M2002-355 Motion authorizing the City Manager or the designee to execute a construction contract in Minutes - Regular Council Meeting October 22, 2002 - Page 16 the amount of $1,090,531.35 with W. T. Young Construction, of Corpus Christi, Texas, for the Annaville Road street improvements from Violet Road to Starlite Lane. The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Colmenero and Longoria absent. * * * * * * * * * * * * * Mayor Neal referred to Item 22 regarding the new Corpus Christi International Airport terminal opening. Mr. Frank "Rocco" Montesano, a member of the Airport Board, said that Mr. Jerry Kane, the chairman, could not be present due to illness. Mr. Montesano said a ribbon -cutting ceremony will be held on November 1, 2002; the public is invited to attend an open house on November 2 from 10 a.m.-2 p.m.; and the terminal will be open to air traffic on November 3. Mr. Montesano commended Mr. Dave Hamrick, Aviation Director, the staff and the contractor for their efforts. He said the airport is state-of-the-art and citizens will be very proud of it. Mr. Glenn Lyons, another member of the Airport Board, said that as a new board member he is impressed with the other members' passion for the airport. He said the new airport is abeautiful structure which incorporates accessibility issues. City Manager Garcia said that Sen. Kay Bailey Hutchison will attend the November 1 dedication. Council Member Scott asked about including regional officials in the dedication and Mr. Garcia said that staff is contacting them now. Responding to another question from Mr. Scott, Mr. Hamrick said the Whataburger restaurant will be accessible both before and after the security checkpoint and the Chili's will be accessible after the checkpoint. Mr. Scott suggested that a portion of the revenue from the wells around the airport be used to fund a study to increase the airport's utilization. In response to Council Member Garrett, Mr. Hamrick said that while the new terminal will be open for flights beginning November 3, there is an additional eight months worth of construction work to be done—mostly behind the scenes—that will not impact the traveling public other than the road work that will be completed. Council Member Chesney also commended those involved. * * * * * * * * * * * * * The next presentation (Item 23) was regarding the city's substandard structure p rocess through the Code Enforcement Division of Housing and Community Development. Assistant City Manager Margie Rose explained that in accordance with the Texas Local Government Code, the city has the authority to protect the health, life, property and security of its inhabitants. In addition, Sec. 13-24(c) of the city's Code of Ordinances states: "If a building, premises or property is unoccupied, vacant or otherwise uninhabited by humans, but which is otherwise open and may be entered by derelicts, vagrants or children, the official shall have the same power of inspection as aforementioned, including the right of inspection without requesting permission of the owner or other person in charge, and if found to be in violation of this code, may placard it so as to Minutes - Regular Council Meeting October 22, 2002 - Page 17 prevent any occupancy of the building, premises or property for human use or habitation or any other use." Ms. Rose said that properties that need to be secured are identified through citizen complaints, property advisor field inspections, and reports provided by directed patrol officers. Once it is determined that a property needs to be boarded up, one of the following actions is taken: Code Enforcement requests outside contractors to bid on the property and the successful bidder then boards up the property, which takes about two days. Ms. Rose said that if vagrants tear the boards off, the city asks the contractor to reboard for an additional charge, which takes another two days. She said if there is criminal activity involving the structure, the Community Supervision and Corrections Department boards up the house and the only cost is for the plywood. Ms. Rose said that once each structure has been boarded up, Code Enforcement staff initiate a substandard building case in an effort to get the owner to make the necessary repairs. During this process, they take the following steps: submit a certified letter to the property owner informing him that his property is in violation of a city ordinance, whereby the owner has 30 days to contact Code Enforcement and repair the structure. A copy of the required repairs is attached to the letter. If the owner fails to comply within the allotted time, the case is forwarded to the Building Standards Board (BSB) which, through a public hearing, can order the property owner found to be in violation to make the necessary repairs or, in some cases, the board can order that the substandard structure be demolished based on an assessment survey performed by a property advisor. Ms. Rose said if the property owner fails to comply with the BSB's order, the city can take any one of the following actions: the city can demolish the structure and remove the debris (a lien for the cost of that work will then be filed and it may or may not be collected at a future date); or the city can file charges in Municipal Court against the property owner. The Assistant City Manager said the city provides the following funding for board -up and demolition services: General Fund, $120,000 (includes mowing properties throughout the city); Crime Control District, $17,000 (board -up only); Community Development Block Grant (CDBG), $215,700, (board up and demolition in CDBG-eligible areas only); and Weed and Seed grant, $25,000 (board up of properties in CDBG-eligible areas only), for a total of $377,700. In addition, the Neighborhood Visions program and the U.S. National Guard annually remove substandard structures where criminal activity has been reported. The only expense incurred by the city is the cost of asbestos inspection. Known as "Operation Clean Sweep," that program demolished 22 homes during the most recent campaign. Ms. Rose said that while this process works, additional funding is necessary. During the FY2003-04 budget process, staff intends to discuss alternatives to increase the program's funding. Mayor Neal asked why the old Nueces County Courthouse is not properly boarded up. Mr. John Kendall, Code Enforcement Administrator, said the courthouse is under the county's control as well as possibly the Durrill Foundation. He said the city does not have the funding to board up that structure. The Mayor emphasized that the old courthouse looks very bad and he asked how the city can get them to comply with the city's regulations. Ms. Rose said staff can submit a letter to the county. City Attorney Bray said staff needs to provide the Council with a report. Minutes - Regular Council Meeting October 22, 2002 - Page 18 Council Member Chesney said that Operation Clean Sweep is an outstanding program and he asked how many houses have been demolished since its inception. Mayor Neal said over nine years there have been over 125 houses brought down and the debris removed. Council Member Colmenero asked what can be done to enhance mowing activities. Ms. Rose said staff is reviewing that process and investigating how other communities address it throughout the year. Council Member Kelly asked if there are any statistics about the impact on criminal activity in the areas where houses have been boarded up. Police Cmdr. Bryan Smith, Crime Control District Coordinator, said the directed patrol officers have been working closely with Code Enforcement officers to target those properties that have the highest impact on crime and quality of life in those neighborhoods. He said the police have seen a significant reduction in calls for service in traditionally high -crime areas where houses are boarded up. He said the quality of life cannot be gauged based on any crime statistics but it can be seen by the neighbors and officers. Council Member Garrett asked on whose authority a home is boarded up. Cmdr. Smith said the police work with Code Enforcement to ensure that all the legal mandates are met. Mr. Garrett asked if there are any reports of criminal activity in or around the old courthouse. Cmdr. Smith said that over the years there has been criminal activity. Mr. Garrett asked if that facility is exempt from the city's Code Enforcement Division and Mayor Neal replied that it is not. Mr. Garcia said staff can bring the Council information about boarding up the old courthouse. Responding to Council Member Noyola, Mr. Kendall reiterated the process that is followed by staff regarding mowing and code enforcement issues. Mr. Noyola reported problems around Greenwood Drive. * * * * * * * * * * * * * Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 24. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et. al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, and the remaining claim of the City of Corpus Christi related thereto, and regarding similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action related thereto in open session. 25. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. 26. Executive session pursuant to Texas Government Code Section 551.071 regarding James Skrobarcek v. City of Corpus Christi, No. 024974-F, 214th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 27. Executive session pursuant to Texas Government Code Section 551.071 regarding United States of America, Federal Energy Regulatory Commission, Application for Preliminary Permit, Project No. 12250-000, Wesley E. Seale Dam Hydroelectric Project, with possible discussion and action related thereto in open session. Minutes - Regular Council Meeting October 22, 2002 - Page 19 The Council went into executive session. The Council returned from executive session. Mayor Neal called for petitions from the audience and there were none. He then called for the City Manager's report. Mr. Garcia said staff is scheduling a ground breaking ceremony for the convention center renovation for November 3, 2002. He said they received the bids for the arena construction and they are very close so it will take some time to work that issue out. He also reviewed items scheduled for the October 29 Council meeting beginning at 2 p.m. He noted that the remaining meetings in 2002 are November 12 and 19 and December 10 and 17. Mayor Neal called for Council concerns and reports. Mr. Garrett asked about the status of the fire station and the parking lot on Mustang Island. Mr. Garcia replied that the foundation has been poured for the fire station and they are beginning work on the structure itself but it is behind schedule. He said the parking lot is a challenge but staff is looking at ways to expand it to provide more parking for the existing station. Mr. Dan Whitworth, Director of Park and Recreation, said they have not yet identified the funding to design and build a permanent lot, although they have secured material that will be needed for the sub -base. Mr. Scott said he has received complaints about parks equipment being parked on that lot. Mr. Whitworth said the equipment is being parked there temporarily until the fire station is completed. He said there is probably some servicing of equipment being done on the site but no oil is being released there. Mr. Scott also asked for a presentation on the boardwalk project on North Beach and he asked if the Corpus Christi Zoo signs can be removed from the local highways. Mr. Garcia said staff will follow up on that. Mr. Scott announced the Pope Park project dedication this weekend and he commented on the Pharaoh Valley project. Mr. Whitworth said st aff has committed to install the playground equipment that the neighborhood association has purchased. Mr. Scott complimented staff for the city's bond rating. He also discussed ways that Corpus Christi is continually moving forward and he said he hopes citizens will make positive decisions in the next two weeks. Mr. Chesney said there will be a follow-up meeting for the Friends of the Park on November 6 and a town hall meeting for District 2 will be held on November 4 at Crockett Elementary. He encouraged citizens to look for their names on the state comptrollers list of unclaimed funds and he requested continued updates on the parking lot situation on the island. He said Ms. Pohle had some questions about the landscape ordinance and Ms. Noyes has also raised concerns that need to be addressed. He also referred to the letter sent to Blanca Garcia, Ph.D., R.N., and he said the Pope Park project is an example of what can be done with residents' support. Mr. Scott announced town hall meetings on October 23 at Ethel Eyerly Senior Center and on October 28 at Robert Wilson Elementary. Mr. Kelly said he had received a call about the meter reading process, which Mr. Massey explained. He said if a meter is not read, the usage is estimated over a three-month period during the same time frame of the previous year; consequently, it is not arbitrarily set by the meter reader. Mr. Noyola also referred to the letter to Dr. Garcia and he asked if staff has met with the wrecker company representatives, in particular four companies. Mr. Garcia said staff has had several Minutes - Regular Council Meeting October 22, 2002 - Page 20 meetings and they will be happy to meet with them again. He added that the wrecker companies will never be in total agreement with the city's ordinance. Mr. Colmenero complimented the Convention and Visitors Bureau staff for their presentation during the joint meeting earlier that day. He also commented on the Brawner Parkway road conditions and the legislative agenda. Mr. Kinnison asked staff to bring forward the action on the Rodd Field Improvement District in early November and he asked if the October 29 Council meeting can start earlier than 2 p.m. Mayor Neal said they can start at 1 p.m. Mayor Neal announced the visit by several officials from Yokosuka, Japan, as part of the 40th anniversary of the Sister City relationship. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:02 p.m. on October 22, 2002. * * * * * * * * * * * * *