HomeMy WebLinkAboutMinutes City Council - 02/11/2003I 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 February 11, 2003, which were approved
by the City Council on February 25, 2003.
WITNESSETH MY HAND AND SEAL, this 25th day of February 2003.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 11, 2003 — 1:15 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem John Longoria
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Staff:
Acting City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Gloria Farjardo, Cathedral of the Palms, and the Pledge of
Allegiance to the United States flag was led by Council Member Colmenero. City Secretary
Chapa called the roll and verified that the necessary quorum of the Council and the required
charter officers were present to conduct the meeting. Mayor Neal called for approval of the
minutes of the regular Council meeting of January 28, 2003. A motion was made and passed to
approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and the following board appointments were made:
Leadership Cmte. for Senior Services
Alan Bligh (Reappointed)
Marion Ball (Reappointed)
Diamantina Cisneros (Reappointed)
Roland Medrano (Reappointed)
Juanell Graham (Reappointed)
Lucy Johnson (Reappointed)
Helga Graham
Hilda Rodriguez
Committee for Persons with Disabilities
Roberto Flores (Reappointed)
Mary Saenz (Reappointed)
Eloy Soza (Reappointed)
Glen Ray Tomo (Reappointed)
Debra Valenzuela
Animal Control Advisory Committee
Kendal Keyes
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 3-17). 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:
3. M2003-045
Motion approving the purchase of twenty (20) computers and licenses from the following
companies for the following amounts in accordance with the State of Texas Cooperative
Minutes — Regular Council Meeting
February 11, 2003 — Page 2
Purchasing Program for a total amount of $38,196. Funds are available from the
Metropolitan Medical Response System (MMRS) Grant and the Office of Emergency
Management Operating Fund.
Dell Marketing L.P. SHI Government Solutions Inc. Grand Total:
Austin, Texas Austin, Texas $38,196
$31,816 (computers) $6,380 (licenses)
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
4. M2003-046
Motion approving a supply agreement for approximately 530,700 gallons of emulsified
polymerized asphalt (HFRS-2P) in accordance with Bid Invitation No. BI -0046-03 with
Koch Materials Company, Corpus Christi, Texas, based on only bid for an estimated
annual expenditure of $504,165. The term of the supply agreement will be for twelve
months with an option to extend for up to two additional twelve-month periods subject to
the approval of the supplier and the City Manager or his designee. Funds have been
budgeted by Street Services in FY 2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5. M2003-047
Motion authorizing the City Manager or his designee to execute a consultant contract
with MEI Govind of Corpus Christi, Texas, in a total fee not to exceed $154,840 for the
Greenwood Wastewater Treatment Plant Digester Covers Replacement.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6.a. M2003-048
Motion authorizing the City Manager or his designee to execute a construction contract
with Rabalais I & E Constructors of Corpus Christi, Texas, in the amount of $58,102 for
the O. N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6.b. M2003-049
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
agreement for Architect/Engineer Consultant Services with Onyx Engineering, Inc. of
Corpus Christi, Texas in the amount of $23,974, for a total re -stated fee of $46,909 for
the O.N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance.
Minutes — Regular Council Meeting
February 11, 2003 — Page 3
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7a. M2003-050
Motion authorizing the City Manager or his designee to execute a construction materials
inspection and laboratory testing contract with Trinity Engineering/Kleinfelder of Corpus
Christi, Texas in an amount not to exceed $122,925 for the southside water transmission
main, Phases 2, 2A & 3 project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7.b. M2003-051
Motion authorizing the City Manager or his designee to execute a construction weld
inspection and testing contract with Base Line Data Inc. of Portland, TX in an amount not
to exceed $105,458 for the southside water transmission main, Phases 2, 2A & 3 project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7.c. M2003-052
Motion authorizing the City Manager or his designee to execute a geotechnical
investigation contract with Trinity Engineering/Kleinfelder of Corpus Christi, TX, in the
amount of $37,400 for the southside water transmission main, Phases 2, 2A & 3 project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8.a. M2003-053
Motion authorizing the City Manager or his designee to execute a consultant contract
with Smith, Russo and Mercer of Corpus Christi, Texas, in the amount of $122,200 for
the area street and drainage improvements along the following streets (bounded by
Sunnybrook, Evelyn, Gollihar, and Kostoryz): Evelyn, Helen, Theresa, Ross, Woodland,
Southwood.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8.b. M2003-054
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a
consultant contract with Smith, Russo and Mercer of Corpus Christi, Texas, in the
amount of $87,200 for the Mansheim Area Drainage Improvements.
Minutes — Regular Council Meeting
February 11, 2003 — Page 4
The foregoing motion passed by the following vote: Neal, Chesney, Cohnenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.a. ORDINANCE NO. 025185
Ordinance appropriating $1,500,000 from the Unappropriated Fund Balance of the No.
4050 Choke Canyon Dam Maintenance Reserve Fund into the No. 4080 Water Capital
Improvement Fund for maintenance of the Choke Canyon Dam, as required by the
Bureau of Reclamation; amending Ordinance No. 024730, as previously amended which
approved the FY2002-2003 Capital Budget, by increasing the amount approved by
$1,500,000.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.b. M2003-055
Motion authorizing the City Manager or his designee to execute a consultant contract
with Freese and Nichols of Corpus Christi, Texas in the amount of $181,582 for the
Choke Canyon Dam Improvements as follows: river outlet works repair; site
improvements (trash rack repair and high-level alarm); and spillway radial gates repair.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
10. M2003-056
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract with Gilbert Arispe and wife, Frances Arispe in the amount of $57,800 plus
$1,500 in closing costs and an additional amount not to exceed $22,500 for relocation
assistance to cover moving costs and incidental expenses in connection with a
replacement dwelling, all for the purchase of fee simple property rights for Parcel 12,
being all of Lot 1, Block 6, Mount Vernon Subdivision Unit 2, with street address of
4902 Lansdown, necessary for the McArdle Road Street Improvement Project, Phase 3,
Project No. C-6, and for other municipal purposes.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11. ORDINANCE NO. 025186
Ordinance approving the sale of surplus City property consisting of 2,249.64 square feet
(0.052 ac.) of vacant land out of Lot 11, Section 48, Flour Bluff and Encinal Farm and
Garden Tracts, located west of the Compton Road and First National Boulevard
intersection in Flour Bluff; and authorizing the City Manager or his designee to execute a
Special Warranty Deed to the adjacent property owner, CC Semloh Partnership, Ltd., for
the market value of $500.
Minutes — Regular Council Meeting
February 11, 2003 — Page 5
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.a. ORDINANCE NO. 025187
Ordinance abandoning and vacating a 300 -square foot portion of a 5 -foot wide utility
easement out of Tract 8, Oakhurst Plaza; requiring the owner, Oakhurst LTD, A Texas
Limited Partnership, to comply with the specified conditions and replat the property
within 180 days at owner 's expense; and establishing a fee of $1,500.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.b. ORDINANCE NO. 025188
Ordinance abandoning and vacating a 1,605.10 square foot portion of a 5 -foot wide,
utility easement out of Tract 8, Oakhurst Plaza; requiring the owner, Oakhurst LTD, A
Texas Limited Partnership, to comply with the specified conditions and replat the
property within 180 days at owner's expense.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.c. ORDINANCE NO. 025189
Ordinance the City Manager or his designee to execute a Use Privilege Agreement with
Oakhurst LTD, A Texas Limited Partnership, for the right to construct, operate,
maintain, and remove a 2.87' wide by 60' long building extension with the Outback
Steakhouse Restaurant of Houston - II, Ltd., A Texas Limited Partnership, over public
street right-of-way adjacent to the existing building located at 4221 South Padre Island
Drive; establishing a fee of $2,080, and other specified conditions.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13.a. ORDINANCE NO. 025190
Ordinance appropriating $541,545.53 from CNA Surety Company and Continental
Casualty Company in the Public Health and Safety Fund No. 3358 for the Corpus Christi
Animal Shelter and Vector Control Facility Project; amending Capital Budget adopted by
Ordinance No. 025144 by increasing appropriations by $541,545.53.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes — Regular Council Meeting
February 11, 2003 — Page 6
13.b. M2003-057
Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the
contract for professional services with Bennett, Martin, Sollca, Tomo Inc. Architects of
Corpus Christi, Texas, in the amount of $64,088.89 for the Corpus Christi Animal Shelter
and Vector Control Facility Project to extend construction phase services to complete the
project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
14. M2003-058
Motion authorizing the City of Corpus Christi's proportional contribution of the local
share of administrative expenses for regional water planning activities during FY2003,
required by Senate Bill 1, 75th Texas Legislature, in accordance with the Interlocal
Agreement for Water Planning Activities approved by Motion No. M98-034, with the
City's remaining share according to the formula adopted by the Regional Water Planning
Group, to be $44,309.51.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
15.a. M2003-059
Motion authorizing the City Manager or his designee to execute all documents necessary
to accept a grant of $60,000 from the Texas General Land Office (GLO) to develop
engineering plans and specifications for public access to the University Marina Beach
Park located on Ocean Drive adjacent to Texas A & M University - Corpus Christi and to
conduct beach surveys to monitor the beach under the second phase of the project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
15.b. ORDINANCE NO. 025191
Ordinance appropriating $60,000 from the Texas General Land Office in the No. 1050
Federal/State Grants Fund to develop engineering plans and specifications for public
access to the University Marina Beach Park located on Ocean Drive adjacent to Texas
A&M University -Corpus Christi and to conduct beach surveys to monitor the beach.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
17. ORDINANCE NO. 025193
Ordinance amending the Zoning Ordinance by revising Article 27A, Special Conditions,
by adding subsection 27A-2.07.
Minutes — Regular Council Meeting
February 11, 2003 — Page 7
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
• • * * * * * * * * * *
Mayor Neal opened discussion on Item 16, Corpus Christi Beach boardwalk. Council
Member Colmenero praised the efforts of the Corpus Christi Beach Association in raising money
for this project. Ms. Maria Davis, Association President, thanked the Council for their support.
City Secretary Chapa polled the Council for their votes as follows:
16.a. M2003-060
Motion authorizing the City Manager or his designee to execute all documents necessary
to accept a grant of $60,000 from the Texas General Land Office (GLO) to construct a
boardwalk on Corpus Christi Beach.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
16.b. ORDINANCE NO. 025192
Ordinance appropriating $60,000 from the Texas General Land Office in the No. 1050
Federal/State Grants Fund to construct a boardwalk on Corpus Christi Beach.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
**********a*s
Mayor Neal deviated from the agenda and opened discussion on Item 24, a presentation
regarding the downtown transportation services feasibility study. Ms. Linda Watson, General
Manager of the Corpus Christi Regional Transportation Authority (RTA), said that about a year
ago she approached staff of the city, the port, the Downtown Management District and the
Metropolitan Planning Organization to consider funding this study. She said they hired Parsons,
Brinckerhoff, one of the largest and most well-established transportation planning consultants in
the world.
Mr. Alan Wulkan, Vice President of PB Consult, said the timing of this study is
significant because every six years the reauthorization occurs of the National Transportation
Authorization Act. He said this phase of the project had an extensive public outreach program,
including a project advisory committee and a stakeholders group. He said the study area
incorporated the ship channel on the north, Memorial Coliseum on the south, the Gulf on the east
and City Hall on the west. He described the two phases of the technical analysis, which
examined the existing bus system as well as new technologies, such as bus rapid transit, light rail
and street cars.
Mr. Wulkan said they recommended looking seriously at a street car/trolley type of
system to create a special sense of place in the downtown area, which could cost approximately
Minutes — Regular Council Meeting
February 11, 2003 — Page 8
$20 million to $30 million to build. He noted that should the project be authorized, the federal
government could pay for a percentage of it. He said that following presentations to the
participating entities, they will work with the RTA to prepare the reauthorization request and
brief the congressional delegations. Mr. Wulkan responded to Council members' questions and
concerns regarding the need to transport large numbers of people to downtown attractions,
specific types of systems, the possible realignment of Shoreline Boulevard and other issues.
Mayor Neal recessed the Council meeting to read the day's proclamations.
* * * * * * * * * * * * *
Upon reconvening the meeting, 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. C1202-03HC, Metropolitan Community Church: A change of zoning from a
"R-2" Multiple Dwelling District to a "R-2" Multiple Dwelling District and "HC -I"
Historical -Cultural Landmark Preservation on Bay View, Block 15, Lots 16 through 20,
located on the southeast corner of Craig and 11`s Streets.
City Secretary Chapa said the Planning Commission and staff recommended approval of
the "R-2" Multiple Dwelling District and "HC -I" Historical -Cultural Landmark Preservation. 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. In response to Mr. Longoria, Mr. Michael
Gunning, Director of Planning, described the Historical -Cultural Landmark Preservation overlay
district. Mr. Kinnison asked if the property owners were aware of the restrictions placed on the
properties and Mr. Gunning replied affirmatively. Mr. Chapa polled the Council for their votes:
ORDINANCE NO. 025194
Amending the Zoning Ordinance upon application by the Metropolitan Community
Church by changing the zoning map in reference to Lots 16, 17, 18, 19 and 20, Block 15,
Bay View, from "R-2" Multiple Dwelling District to "R-2" Multiple Dwelling District
with a HC -1" Historical -Cultural Landmark Preservation overlay district; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive
Plan.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
19. Case No. C1202-04HC, Sharon L. Chatterton: A change of zoning from a "R -1B" One -
family Dwelling District to a "R -1B" One -family Dwelling District and "HC -F"
Historical -Cultural Landmark Preservation on Oak Park, Block 2, Lots 1 through 4, and
Lots 21 and 22, located at the northwest comer of Oak Park Avenue and Up River Road.
Minutes — Regular Council Meeting
February 11, 2003 — Page 9
City Secretary Chapa said the Planning Commission and staff recommended approval of
the "R -1B" One -family Dwelling District and "HC -F" Historical -Cultural Landmark
Preservation. No one appeared in opposition to the zoning change. Mr. Scott made a motion to
close the public hearing, seconded by Mr. Kinnison and passed. Mr. Chapa polled the Council
for their votes as follows:
19. ORDINANCE NO. 025195
Amending the Zoning Ordinance upon application by Ms. Sharon Chatterton by changing
the zoning map in reference to Lots 1, 2, 3, 4, 21 and 22, Block 2, Oak Park, from "R -
1B" One -family Dwelling District to "R -1B" One -family Dwelling District with a "HC -
F" (Facade) Historical - Cultural Landmark Preservation Overlay District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive
Plan.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
20. Case No. C1202-05HC, South Bluff United Methodist Church: A change of zoning from
a "AB" Professional Office District to a "AB" Professional Office District and "HC -P"
Historical -Cultural Landmark Preservation on Bay View, Block 2, Lots 12 through 16,
located at the northwest comer of Elizabeth and 7th Streets.
City Secretary Chapa said the Planning Commission and staff recommended approval of
the "AB" Professional Office District and "HC -P" Historical -Cultural Landmark Preservation. No
one appeared in opposition to the zoning change. A motion was made to close the public hearing,
seconded by Mr. Colmenero and passed. Mr. Chapa polled the Council for their votes as follows:
ORDINANCE NO. 025196
Amending the Zoning Ordinance upon application by the South Bluff United Methodist
Church by changing the zoning map in reference to Lots 12, 13, 14, 15 and 16, Block 2,
Bay View, from "AB" Professional Office District to "AB" Professional Office District
with a "HC -I" Historical -Cultural Landmark Preservation Overlay District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive
Plan.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
February 11, 2003 — Page 10
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. C1202-06HC, Oak Park United Methodist Church: A change of zoning from a
"R -1B" One -family Dwelling District to a "R -1B" One -family Dwelling District and
"HC -r" Historical -Cultural Landmark Preservation on Oak Park, Block 9, Lots 10
through 12, located on the southeast comer of Oak Park Avenue and Mueller Street.
City Secretary Chapa said the Planning Commission and staff recommended approval of
the "R -1B" One -family Dwelling District and "HC -r' Historical -Cultural Landmark
Preservation. No one appeared in opposition to the zoning change. Mr. Longoria made a motion
to close the public hearing, seconded by Mr. Scott and passed. Mr. Chapa polled the Council for
their votes as follows:
ORDINANCE NO. 025197
Amending the Zoning Ordinance upon application by the Oak Park United Methodist
Church by changing the zoning map in reference to Lots 10, 11 and 12, Block 9, Oak
Park, from "R -1B" One -family Dwelling District to "R -1B" One -family Dwelling
District with a "HC -I" Historical -Cultural Landmark Preservation Overlay District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, 'Chanson, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on an amendment to the Preservation Plan, an element of the Comprehensive
Plan, by designating property located at 1008 Furman Avenue as a "potential landmark" and by
adding four "HC" Historical -Cultural overlay zoning designations and one property that has been
designated as a "potential landmark" within the Preservation Plan.
Mr. Gunning said staff is asking that Item 22 be tabled because they need to take the
amendment back to the Planning Commission to make sure they understand that the Preservation
Plan is an element of the Comprehensive Plan. He said they do not have a specific date for which
this case will be brought back to the Council so the public hearing will have to be readvertised.
Mr. Chesney made a motion to table Item 22 indefinitely, seconded by Mr. Colmenero and
passed. Mr. Gunning recognized the property owners who were present for the related cases.
22.b. TABLED
Minutes — Regular Council Meeting
February 11, 2003 — Page 11
* * * * * * * * * * * * *
Mayor Neal referred to the remaining presentations on the day's agenda. The second
presentation (Item 23) was regarding the eamed income tax credit (EIC). Mr. Allen Itz, a
member of the Asset Building Coalition EIC Task Force, introduced fellow members Carol
Peterson, Sylvia Ford and Jamie Stewart. Mr. Itz said the EIC is for certain people who work and
who have earned income under $34,178. He said that in 2001, an estimated $23 million was lost
in the Coastal Bend in the form of unclaimed earned income credit. Mr. Itz said that regulations
allow workers to receive a percentage of the credit in advance throughout the year in their
paychecks, which means more take-home pay for the eligible workers, a more stable workforce
for local employers, and more dollars circulating in the local economy. The task force members
then responded to Council members' questions.
* * * * * * * * * * * * *
The third presentation (Item 25) was regarding the collection and disposal of tires within
the city limits. Mr. Jeffrey Kaplan, Director of Solid Waste Services, explained that this practice
is tightly controlled by Texas Commission on Environmental Quality regulations. He said there
is no real local market for the reuse of tires, although regional centers reuse them for rubberized
asphalt, fuel additives and playgrounds. He described the limited disposal options and associated
fees: landfill disposal during regular operational days; as part of heavy brush pick up; during the
quarterly free disposal days; and by retailers with disposal costs.
Mayor Neal commented on the profusion of discarded tires throughout the community.
Mr. Kaplan said his department collects approximately 1,500 to 2,000 tires per month. He said
his budget will have to be adjusted if they plan to collect more tires, such as through the Litter
Critter program. The Mayor said he thinks they need to take a more aggressive approach to this
problem. Council Member Colmenero also expressed concem about this issue.
* * * * * * * * * * * * *
The fourth presentation (Item 26) was regarding the One -Stop Development Center
business plan. Assistant City Manager Margie Rose explained that during their 1999 retreat, the
City Council directed staff to improve services to the development community by creating a
convenient single location, streamlining the processes, and providing superior customer service.
She said the development community consists of single owners or groups of owners; commercial
and residential developers; home builders and designers; architects and engineers; realtors and
title company representatives; and contractors, subcontractors and materials suppliers. Ms. Rose
then described how staff researched this issue and created the Department of Development
Services, which incorporates the departments of Planning, Special Services and Inspection
Opeations.
Mr. Art Sosa, Interim Director of the Department of Development Services, said the new
department's mission statement is to improve the services offered to the development
community; practice and promote superior customer service; and promote compliance with all
development codes, thereby promoting sustained growth in the city. He also discussed the
business philosophy and organizational chart.
Minutes — Regular Council Meeting
February 11, 2003 — Page 12
Acting City Manager Noe said that staff has made a commitment to the development
community that eventually the city will abide by certain time frames or the customer will receive
a rebate on his or her permit fee. Mr. Sosa said the service initiatives include publication of an
informational newsletter, outsource and in-house customer service training, "secret shopper"
process, surveys, employee incentive program, outreach efforts, economic development, public
relations, networking with outside agencies, and different payment options.
Mr. Sosa described the automation of services and the elements of the three departmental
sections (Planning, Special Services and Inspection Operations). He said the One -Stop
Development Center will be completed on February 18, 2003 and the departments will begin
moving in on February 26th. Limited services will be offered at the new location on February 28th
and full operation is scheduled for March 3'd with an open house set for March 7th. Mr. Noe, Mr.
Sosa and Mr. Gunning responded to Council members' questions.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 27, Americans with Disabilities Act (ADA)
transition plan. Mr. David Ramos, Human Relations Director and Citywide ADA Coordinator,
said that staff has been addressing the concerns raised by the Council during the first
presentation of the plan in September 2002.
Mr. Ramos reviewed the process that was followed in creating the plan, including the
designation of departmental ADA coordinators and the creation of the Committee for Persons
with Disabilities. The coordinators then brought back a list of deficiencies and cost estimates
were developed to correct them. He said many of the committee's recommendations were
incorporated into the final plan, including the cost of curb ramps. Mr. Angel Escobar, Director of
Engineering Services, described the methodology used for the curb ramps, which are now
estimated to cost $125 million.
Mr. Ramos said that once the plan is adopted by the Council, it will be incorporated into
the city's operating budget process and the CDBG process. Staff will continue to monitor the
plan's improvement projects and provide quarterly status reports to the Committee for Persons
with Disabilities and annual reports to the Council. Mayor Neal said he thinks the Council should
receive quarterly reports. Mr. Ramos also discussed specific budget amounts, plans and time
lines for the following areas: public facilities, site development, outreach and training, and public
curb ramps. He said the long-range outlook calls for ongoing funding of curb ramp projects
through the annual capital improvement program budget process.
Mayor Neal said it is up to this Council and future Councils to begin implementing the
transition plan. Responding to the Mayor, Mr. Reining said the U.S. Department of Justice
coordinates ADA compliance for the federal government. Mr. Noe added that according to the
plan, the state has a mandate for projects over $50,000 and the city has assumed it will take some
level of responsibility for projects under $50,000. Mr. Noe and Mr. Ramos responded to
questions from the Council. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes as follows:
Minutes — Regular Council Meeting
February 11, 2003 — Page 13
27. RESOLUTION NO. 025198
Resolution adopting the City of Corpus Christi's Americans with Disabilities Act (ADA)
Title II Comprehensive Evaluation and Transition Plan of barrier removal for
accessibility of the City's public facilities, services, activities and programs.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 28, demonstration desalination plant project. Mr.
Ed Garafia, Water Superintendent, said this proposal is to hire Tumer Collie and Braden to assist
city staff in preparing legislative and technical aspects of the project. Mr. Tom Utter, Special
Assistant to the City Manager, said the Texas Water Development Board has recommended that
$500,000 be appropriated to each of the three cities which are finalists in the governor's project.
Responding to Council Member Scott, Mr. Utter said that in addition to Corpus Christi,
the finalist cities are Freeport and Brownsville. Council Member Kinnison asked about the time
line. Mr. Utter said the first step is to obtain the $500,000 allocation and to provide periodic
reports to the Council. Council Member Kelly asked if there will be assurances that none of the
brine will be leaching into the same underwater reserves used for the brackish plant. Mr. Garaiia
said that plant will be about five miles away and it will be taken into consideration in the
technical evaluations. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
28. M2003-061
Motion authorizing the City Manager or his designee to execute an engineering services
contract with Turner Collie and Braden, Inc. of Houston, Texas, in an amount not to
exceed $227,000 for technical support services associated with the Barney Davis
demonstration desalination plant project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 29, seawall streetscape. Mr. Dan Whitworth,
Director of Park and Recreation, explained that at the beginning of the seawall project, the Arts
and Cultural Commission (ACC) made a conscious effort to incorporate the percent for arts fund
associated with this project into the streetscape portion. He said that an environmental design
firm called Artscapes was contracted to formulate some design concepts. He said staff has not
received bid prices on the fabrication of the proposed shade structures.
Mr. Chuck Anastos, ACC Chairman, said the design firm strongly recommended
constructing shaded seating areas facing both the water and the walkway. He said that as the in-
house architect for the ACC, he was asked to design a structure (at no cost) that took the
Minutes — Regular Council Meeting
February 11, 2003 — Page 14
elements the commission felt were most beneficial to the seawall. Mr. Anastos said he met with
Mr. Escobar and they determined that a 10 -foot by 30 -foot module was all that could be allotted
for the structure so as not to impede pedestrian traffic. He said they designed a serpentine seating
wall divided into two segments with three stainless steel "tree trunks" and branches and a
landscaped pocket incorporating indigenous plants. He added that the structures will be lighted at
night to create a glowing effect.
Council Member Longoria said he feels the proposed structures will create stress points
along an already congested area. He said if any structures are built, they should be focused on the
transition areas of the intersections. In addition, he said the design of the structures clashes with
the Spanish miradores and additional designs should have been brought to the Council. Mr.
Whitworth said they plan to locate the structures at RTA stops along the seawall.
Mr. Longoria said new structures do not have to be built; instead, they can place shade
elements over the existing benches. Mr. Anastos said that according to Artscapes, such shade
structures will not be beneficial in the late afternoon sun. The design firm also felt that a new
artistic element was needed and the commission members wanted to ensure that the miradores
could stand on their own.
Council Member Scott said that while reviewing this proposal, he considered the
following: continuity with the miradores, relationship with the seawall, and maintenance and
design concems. He questioned why the shade structures are not placed near the intersections.
Mr. Escobar replied that the RTA recommended that structures be placed close to the arena and
near IH -37. Mr. Anastos said the intention is to place the streetscapes away from the miradores
so as not to compete with them. Mr. Scott asked if the structures can be placed in the parking
lane and Mr. Escobar said that is a possibility.
Council Member Kelly said he agrees that the proposed structures are inconsistent with
the traditional Spanish architecture that exists on the seawall. He said there was an earlier
presentation regarding possibly introducing antique trolleys downtown, which also would
conflict with this proposed modern design. Council Member Noyola said he likes this design but
it does not belong on the seawall. He said shade is needed near the seawall steps but the
structures should not block the seawall itself.
Council Member Chesney said he does not think the Council has developed a theme for
the seawall and he said he will further consider the ACC's recommendation. He said he
appreciates the commission's efforts, adding that this design has potential. Council Member
Colmenero said he would like the seawall to be better utilized, which could be enhanced by
placing misting structures there.
Council Member Kinnison said he would like to see a design that allows people to get
closer to the water while also keeping the seawall from getting too cluttered. Mr. Anastos said
Artscapes has concluded that people want interaction with activities on the seawall as well as the
water. Responding to Mr. Scott, Mr. Escobar said they are within 30 days of needing to have a
decision on this design. Mr. Longoria said the Council is very sensitive to citizens' opinions
about the bayfront and seawall. Council Member Garrett asked why the structures cannot be
placed over the seawall steps.
Minutes — Regular Council Meeting
February 11, 2003 — Page 15
Mayor Neal asked what other options are available. Mr. Anastos said that Artscapes
provided a menu of about 40 elements but there was no clear-cut plan on how to concentrate
those elements in each phase of the work. However, budget constraints will not allow them to do
many, if any, of the suggestions to make a substantial change. He added that the funding for this
project comes from the percentage for art allocation and the ACC felt that shade structures were
needed more than artwork on the seawall. In addition, Artscapes felt the seawall was lacking a
signature look. Mr. Anastos reiterated that they do not want to impede on the miradores. The
Mayor said he does not share the concerns of some of the Council members regarding this idea.
Responding to Mr. Colmenero, Mr. Jeff Massengill, Vice President of Shiner Moseley &
Associates, said some thought was given to creating a buffer between the water side and
Shoreline Boulevard. He added that the list suggested by Artscapes included many elements and
shade was a very important part of it. Mr. Colmenero said the new arena's facade includes steel
and glass, which would be consistent with the proposed design.
Mr. Kinnison said his concern was not with the design but with the proposed location of
the structures. Mr. Anastos said the budget for this project is very limited and he added that he
understands the direction from the Council. There were no comments from the audience. Mayor
Neal suggested that the Council could approve the concept of the design while allowing Mr.
Anastos to modify it to provide for more pedestrian flow on the seawall. City Secretary Chapa
polled the Council for their votes as follows:
29. M2003-062
* Motion to accept the design for the seawall streetscape.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Scott voting "Aye"; Longoria and Noyola voting "No."
*Note: This item was reconsidered during the February 18, 2003 Council meeting. For further
action on this item, see the minutes of the February 18, 2003 meeting.
*************
Mayor Neal called for petitions from the audience.
Ms. Kay Noyes, 930 Coral, encouraged the Council to listen to the citizens who are
concerned about the amenities on the T -Heads and L -Head. She said development can be placed
on Corpus Christi Beach.
Mr. J.E. O'Brien, 4130 Pompano, said there is a long-standing city policy that anyone
using the Council Chambers has to permit public comment and not adhering to that policy does
not enhance the Council's credibility. He also requested a status report on the city's financial
statement and said he hopes the Council will reinstate the Internal Audit Department. Ms. Lee
Ann Dumbauld said the comprehensive annual financial report will be presented to the Council
on February 25, 2003.
Minutes — Regular Council Meeting
February 11, 2003 — Page 16
Council Member Noyola asked why public comment was not called for during the
February 7, 2003 special Council meeting. Mr. Reining replied that there is no requirement for
public comment in the Open Meetings Act. He said it is something the Council does as a matter
of practice on public discussion items but they routinely never have public comment on
executive session items.
* * * * * * * * * * * *
Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi
Housing Finance Corporation.
Mayor Neal reconvened the meeting and announced the executive sessions, which were
listed on the agenda as:
30. 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.
31. Executive session pursuant to Texas Government Code Section 551.071 regarding Police
Contract Negotiations, with possible discussion and related action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Neal made the following motion, which was seconded by Mr. Colmenero:
31. M2003-063
Motion directing the City Manager to enter into negotiations with the Port of Corpus
Christi Authority and RSR Sports implementing the stadium location and the lease of that
location and to bring back an agreement to the Council within thirty days.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
Mayor Neal made the following motion, seconded by Mr. Colmenero:
32. M2003-064
Motion authorizing the City Manager to execute an amendment to a legal services
agreement with Lowell F. Denton of Denton, Navarro, Rocha & Bernal approving
additional funds up to $15,000 for a total of no more than $40,000 to represent the city in
the police contract negotiations.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
February 11, 2003 — Page 17
Mayor Neal called for the City Manager's report. Acting City Manager Noe said there is a
special Council meeting scheduled for February 13, 2003 at Padre Isles Country Club with Land
Commissioner Patterson regarding the Packery Channel project. He said there are several items
scheduled for the regular meetings on February 18 and 25, 2003. Mr. Utter then gave the Council
an update on the current legislative session.
Mr. Noe thanked the Council for their support and city staff for their teamwork. Mayor
Neal in turn thanked Mr. Noe for acting as City Manager. He then called for Council concems.
Mr. Chesney asked about the status of Mr. Leon Loeb's project. Mr. Noe said he asked
Mr. James Bray to draft whatever legislation might be necessary to begin considering that project
and he informed Mr. Loeb of that. Mr. Chesney announced the District 2 town hall meeting on
February 13, 2003 at Crockett Elementary and he commented on an Animal Control policy
regarding picking up animals on weekends. Mr. Chesney congratulated the Texas A&M
University -Corpus Christi Islanders on their recent victory. He also asked staff to follow up on
repairs at Lindale Senior Center and he commented on the CVB's efforts.
Mr. Noyola asked about installing speed humps on Rockford Street from West Point to
Villarreal Street and he reported several pot holes on Horne and Gollihar roads. He also
commented on a traffic light at Prescott and Horne.
Mr. Scott asked the Council to consider not having a Council meeting on March 18, 2003
because it is spring break that week. He then made a motion to not have a Council meeting on
March 18th and instead to hold one on March 4th; seconded by Mr. Chesney and passed. Mr.
Scott asked about Oleander Park and Mr. Whitworth said that project has been delayed because
of rain but it should be completed this week. Mr. Scott added that the February 13th Council
meeting on the island will be significant.
Mr. Kelly commended the directed patrol officers for their efforts with the PALS Little
League and he requested a report from the Police Chief regarding possibly using drug forfeiture
funds to purchase equipment for them. He also asked about the directive to expedite police
reports at the county jail. Mr. Noe said he and the Police Chief will meet tomorrow to discuss
that and other issues and he will follow up with the Council and the County Judge.
Mr. Longoria asked about a memo regarding ADA compliance at Bill Witt Park. Mr.
Whitworth said there were some issues that came out of the San Antonio office on eligibility
criteria on the ADA work. Mr. Longoria said Mr. Lewis Lovelace asked about steps at Airheart
Point. Mr. Noe said the steps there will not be ADA -compliant and it is less a legal issue as it is a
policy issue.
Mr. Colmenero said there are problems with lights around the park on Niagara Street. Mr.
Whitworth said CPL repaired those lights. Mr. Colmenero also requested a list of streets that do
not have curbs and gutters and said there are drainage problems at Crosstown and Port.
Mayor Neal asked staff to prepare a memo on what action the Council took on the
stormwater plan. There being no further business to come before the Council, Mayor Neal
adjourned the Council meeting at 6:05 p.m. on February 11, 2003.