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HomeMy WebLinkAboutMinutes City Council - 02/18/2003I 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 18, 2003, which were approved by the City Council on March 4, 2003. WITNESSETH MY HAND AND SEAL, this 4th day of March 2003. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 18, 2003 - 2:05 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 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 Rev. Harold Palmer, Corpus Christi Fellowship, and the Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 special meetings of February 7, 2003 and February 13, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal asked Marine Capt. Jerry Estell Jr. to address the Council. Capt. Estell, a 1991 graduate of King High School, said he recently retumed from deployment in Kuwait in support of Operation Southern Watch and Operation Enduring Freedom where he carried the City of Corpus Christi flag. *Council Member Cohnenero arrived at the meeting. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-8). There were no comments from the Council or the audience. City Secretary Chapa polled the Council for their votes and the following passed: 2. M2003-065 Motion approving supply agreements with the following companies for the following amounts, for library books and recordings, based on best value, for multiple progressive awards in accordance with Bid Invitation No. BI -0050-03 for a total estimated annual expenditure of $398,120. The term of the agreements shall be for twelve months with options to extend for up to three additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries and the Local Branch of the South Texas Library System in FY 2002-2003. Minutes — Regular Council Meeting February 18, 2003 — Page 2 Baker & Taylor Inc. Ingram Library Services Inc. Charlotte, NC La Vergne, TN Primary Supplier Groups 1-3 Secondary Supplier Groups 1 & 2 $323,496 $74,624 Grand Total: $398,120 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 3. M2003-066 Motion authorizing the Acting City Manager or his designee to execute a construction contract with Mitchell's Unlimited of Robstown, Texas, in the amount of $79,776 for the McArdle Road street improvements, Phase 3 (structure demolition). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 4. M2003-067 Motion authorizing the Acting City Manager or his designee to execute a consultant contract with RVE, Inc. of Corpus Christi, Texas for a total fee not to exceed $126,570 for the Kennedy Causeway Lift Station. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5.a. ORDINANCE NO. 025200 Ordinance appropriating $21,341.07 from Brighton Village Unit 7C, Block 2, Lots 8 and 9 developer's contribution to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $21,341.07 to the No. 6010 Drainage Channel 31 Trust Fund. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5.b. M2003-068 Motion approving payment of $21,341.07 developer's contribution from Brighton Village Unit 7C, Block 2, Lots 8 and 9 from the No. 6010 Trust Fund/Drainage Channel 31 Trust to Mark Bratton, Trustee, for disbursement to the appropriate Drainage Channel 31 Trust funding owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. 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 18, 2003 — Page 3 6.a. ORDINANCE NO. 025201 Ordinance approving the conveyance and disposal of a portion of Southbay Park containing 4,226.7 square feet out of Lot 47, Block 2, Harbor Village Subdivision, to the adjacent landowners, Leroy Steinocher and wife, Priscilla Steinocher, requiring them to replat the property within 180 days at their expense, and authorizing the Acting City Manager or his designee to execute a Special Warranty Deed in exchange for the perpetual maintenance of the property conveyed. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.b. ORDINANCE NO. 025202 Ordinance approving the conveyance to the adjacent landowners, John Grover Strong and wife, Evangeline C. Strong, a portion of Crestmont Park west of Carroll Lane and Grassmere Drive, containing 5,140.08 square feet, and currently platted as Block 6, Crestmont Subdivision Unit 1, save and except a section of street right-of-way, and authorizing the Acting City Manager or his designee to execute a Special Warranty Deed in exchange for the perpetual maintenance of the property by the grantees. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. ORDINANCE NO. 025203 Ordinance appropriating $15,000 in the No. 3530 Street Capital Improvement Program Fund from Performance Bond Proceeds of the Omaha Drive Improvements Project; amending the Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $15,000. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8. ORDINANCE NO. 025204 Ordinance governing City elections in 2003, including appointment and compensation of election officials, voting systems, ballot boxes, and central counting station. An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." *s*ssss*sss*s Mayor Neal referred to Item 9, zoning Case No. 1102-05, David W. & Elaine R. Hoffman. City Secretary Chapa said the case has been withdrawn by the applicants. Minutes — Regular Council Meeting February 18, 2003 — Page 4 WITHDRAWN * * * * * * * * * * * * * Mayor Neal referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 10. Case No. 0103-01 Marc and Nelda Fuentes: A change of zoning from an "A-1" Apartment House District to a "B-1" Neighborhood Business District on Cabaniss Acres, Block 3, Lot 24 - A, located on the south side of Carolyn Drive, approximately 200 feet west of Ayers Street. City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-1" Neighborhood Business District. 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. 025205 Amending the zoning ordinance upon application by Marc and Nelda Fuentes by changing the zoning map in reference to Lot 24-A, Block 3, Cabaniss Acres from "A-1" Apartment House District to `B-1" 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: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 11. Case No. 0103-03, A&W Office Supply Inc.: A change of zoning from an "A-2" Apartment House District to a "B-5" Primary Business District on South Bluff Addition, Block 13, Lot 13, located on the north side of Laredo Street, approximately 200 feet east of South Staples Street. City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-5" Primary Business District. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting February 18, 2003 — Page 5 11. ORDINANCE NO. 025206 Amending the Zoning Ordinance upon application by A&W Office Supply Inc. by changing the zoning map in reference to Lot 13, Block 13, South Bluff Addition, from "A-2" Apartment House District to "B-5" Primary 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: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, naming of tennis center courts. Mr. Dan Whitworth, Director of Park and Recreation, said this project has been in the works for several years and is the result of funds from the Sessions estate and bond funds. Mr. Steven Denton, tennis pro at the HEB Tennis Center, said that next week two French Open doubles champions will be on hand to celebrate the opening of the new facility. Council Member Longoria congratulated Mr. Denton and asked Mr. Whitworth if the Parks Board has reviewed the proposed name change. Mr. Whitworth said the board met last week and approved the name change. City Secretary Chapa polled the Council for their votes: 12. RESOLUTION NO. 025207 Resolution naming the covered courts at H.E.B. Tennis Center located at 1520 West Shely the "Mildred and Lloyd Sessions Tennis Pavilion"; waiving the requirements of a sixty-day waiting period following submission of Name Change to the Park and Recreation Advisory Committee, publication of legal notice, acceptance of written comments to the Park and Recreation Advisory Committee, and determination of course of action by the Park and Recreation Advisory Committee. The foregoing resolution passed by the following vote: Neal, Chesney, Cohnenero, Garrett, Kelly, Longoria, Noyola, and Scott voting "Aye"; Kinnison absent. * * * * * * * * * * * * * Mayor Neal referred to Item 13 regarding options for amendments to the Corpus Christi City Charter. Acting City Manager Noe explained that this item was placed on the agenda at the Council's request following a previous discussion about this issue. He said this is the last date the Council can take action regarding the April 5, 2003 election. Acting City Attorney Reining also distributed to the Council a copy of the ballot language for each of the various options listed in the agenda material. Responding to Mayor Neal, City Secretary Chapa said some of these items are basically "housekeeping" items that can be considered by the Council now or later; however, he feels they should be addressed at some point. He said there is also an amendment being proposed by Mr. Minutes — Regular Council Meeting February 18, 2003 — Page 6 John Bell, a local attomey, regarding election dates. Mr. Chapa said that in the future, problems will arise regarding either election day or the date of a runoff election when it conflicts with Easter weekend. He said the proposal gives the Council the option of changing that date if such a conflict occurs. Mr. Reining said the City Attorney's Office supports the proposed change to the time for effectuating a lease or franchise. In reply to another question from the Mayor, Mr. Chapa said if any of these options are placed on the ballot in April 2003 and they pass, the charter cannot be amended until beyond April 2005 (probably November 2005). Mr. Noe said that in the past the city's election date has fallen on Easter weekend and voter tumout was not adversely affected. Council Member Cohnenero asked about the proposal regarding the runoff election date. Mr. Chapa said that currently there are only two weeks between the general election and the runoff election and he is requesting additional time between them. Council Member Kinnison read from the Austin City Charter regarding a city auditor who is appointed by the City Council and who can be removed only by a majority of that body. He said the auditor reports to the Council through an audit committee of the Council. He also read the auditor's duties. Mr. Kinnison said he thinks the Corpus Christi City Council should consider reinstating the city auditor position. Council Member Longoria said he thinks any amendments to the charter should be discussed at length prior to the election. Mr. Kinnison agreed, saying that the issue he is proposing needs a lot of lead-time for discussion and November 2004 may be a more appropriate time to consider it. There were no comments from the audience. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, Bayfront Convention Center expansion and rehabilitation project. City Secretary Chapa said that Council Member Kelly would be abstaining on this item. Mr. Kevin Stowers, Assistant Director of Engineering Services, said that previously the guaranteed maximum price had been set at $25 million. He said they went through the subcontractor bid process and the price came in at $24,614,045. Council Member Garrett asked if this process will minimize the possibility of change orders. Mr. Stowers said the fact that the convention center is an existing building does pose a greater risk of change orders than the new arena. However, he said the convention center has good plan documents and the contractor feels there will be far less change orders on this project than would normally be the case. Mr. Noe said there is a separate allowance for such issues. Responding to Council Member Kinnison, Mr. Noe said the city is adequately covered for contingencies. Council Member Colmenero said that change orders can enhance a facility. There were no comments from the audience. City Secretary Chapa polled the Council: 14. M2003-069 Motion authorizing the Acting City Manager or his designee to execute Amendment No. 2 to the contract for construction manager at -risk services contract with Moorhouse- Minutes — Regular Council Meeting February 18, 2003 — Page 7 Beecroft, Joint Venture LLC of Corpus Christi, Texas reducing the guaranteed maximum price (GMP) of $25,000,000 to $24,614,045 for construction of the Bayfront Convention Center expansion/rehabilitation project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. Mayor Neal announced the executive sessions, which were listed on the agenda as: 15. Executive session pursuant to Texas Government Code Section 551.071 regarding a health insurance claim the City asked Entrust to adjudicate on October 18, 2002, underlying coverage issues, and legal issues associated with the City's health insurance plans, with possible discussion and action related thereto in open session. 16. Executive session pursuant to Texas Government Code Sections 551.071 and 551.072 regarding the Landry's Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. 17. Executive session pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the South Wharf Project in the Corpus Christi Marina, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, said the state has not collected a fee for tire disposal for three years and he also discussed battery core charges. He said city employees should be allowed to participate in city elections. Council Member Scott said he supports city employees. Council Member Kinnison asked whether city employees can attend any candidate forums and Mr. Reining said they can attend. Mr. Phil Rosenstein discussed the emergency home repair program for senior citizens, which is funded by a CDBG grant. He said presently there are over 200 seniors on a waiting list for emergency home repairs and the average waiting time is six months to one year. Mayor Neal said the Council would go back into executive session pursuant to Texas Government Code Sections 551.071, 551.072 and 551.087 on agenda items 16 and 17. The Council went into executive session. The Council returned from executive session. *****ss*s**** Mayor Neal called for the City Manager's report. Acting City Manager Noe said the stakeholders' meeting for the Mustang/Padre Island plan will be held February 20, 2003 at the Holiday Inn on the island. He also discussed items scheduled for the February 25th meeting and noted that the Council will hold meetings on March 4t° and March l lth but not March 18th. Mayor Neal called for Council concerns and reports. Minutes — Regular Council Meeting February 18, 2003 — Page 8 Mr. Colmenero referred to a letter regarding food and beverage catering. He also said he wished to make a motion to reexamine the streetscape design to also include the Arts and Cultural Commission (ACC), to continue with the seawall reconstruction, and to have staff assist in the process. City Secretary Chapa said the Council approved the seascape design last week; consequently, in order to reconsider it someone from the prevailing side has to make a motion to reconsider and the motion has to be seconded and passed by a two-thirds vote of the Council. Mr. Colmenero then made a motion to reconsider motion number M2003-062 (Item 29 from the February 11, 2003 meeting). The motion to reconsider was seconded by Mr. Scott, who said he wants to ensure that the public participates in this process. Mr. Longoria said he is concemed about infringement into the seawall. Mr. Chapa polled the Council for their votes on the motion to reconsider and it passed as follows: Neal, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola and Scott voting "Aye"; Chesney absent. Mr. Colmenero said he believes the streetscape design should consider any impedance into the seawall while also keeping the framework open for the ACC. Mr. Kinnison asked if sending the design back to the ACC in effect rejects the present proposed design. Mr. Scott said he will be more receptive to the current design if the ACC goes through an adequate public process and they reiterate their recommendation. Mayor Neal agreed that a public hearing is needed to consider this design. Mr. Kinnison said the end result is that the ACC will still have to come back to the Council with a recommendation at the end of the process. Responding to a question from Mr. Kirmison, Mr. Chuck Anastos, ACC Chairman, said the streetscape structure was designed with a cocked top, which was angled to provide shade from the afternoon sun. He said it is set in such a way that it cannot be moved closer to the curb without encroaching into the roadway. He said he cannot speak for the commission but they spent hundreds of hours on selecting this design. Mr. Anastos also pointed out that the funds for this project came from the Permanent Art Trust Fund and if this design is unacceptable, he asked that the monies be used instead for art. He said the ACC is willing to start over again but they want the full opportunity to do so. Mr. Kinnison noted that part of the funding comes from the 118th cent sales tax and he asked whether the location of the art would be limited to the seawall area. Mr. Reining said he will have to research that question and provide an answer. Mayor Neal said the major complaint he hears is that there are no shade structures on the seawall and he thought the Council gave direction that they wanted something to enhance pedestrian use of the seawall and to provide shade. Mr. Chapa said the motion on the table for the Council's consideration is to accept the design for the seawall streetscape. He said the Council can amend it or deny it and come back with a separate motion. Mr. Scott said he does not believe the public has had an opportunity to participate in this process. Mr. Longoria said the issue is whether it is appropriate to block part of the seawall. Mr. Scott made the following motion, which was seconded by Mr. Colmenero: Minutes — Regular Council Meeting February 18, 2003 — Page 9 20.a. M2003-070 Motion to table the design for the seawall streetscape until March 25, 2003 to refer to the Arts and Cultural Commission to allow for public comment. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria voting "No"; Chesney absent. Mayor Neal retumed to Council concems and reports. Mr. Kelly said the current homebuyer assistance program seems to be emphasizing the purchase of new homes. He said he has asked city staff to refocus the city's program from new homes to existing homes, many of which are located in the west side and older neighborhoods. He said he also wants to promote home ownership among city employees and increase the amount of owner -occupancy in neighborhoods. He said ultimately he would like to reach out to school and church officials who would know which families would be good candidates for this program. He said more details about the program will be brought to the Council. Mr. Noe said this will be a new program in addition to the city's existing program. Mr. Scott asked why the police were not more prepared when a suspect ran through a checkpoint and the vehicle was later found abandoned along with the bodies of two victims. Mr. Noe said staff would provide a response. Mr. Scott complimented those involved with the organization of the Packery Channel meeting on the island, and he said the development community is supportive of the city's proactive stance regarding development issues. He also announced a town hall meeting on March 10`h at Padre Island Presbyterian Church. Mr. Longoria said he thought there was an ordinance prohibiting car lots from flying balloons and he also referred to the process of awarding monies through the Corpus Christi Community Improvement Corporation. Mr. Kinnison asked if there is a process to review the sign ordinance regulations and Mr. Michael Gunning, Director of Planning, said he is exploring the rewriting of the development code. Mr. Kinnison said he does not want Saratoga Boulevard to be deluged with signs in the same way as South Padre Island Drive. Mayor Neal said a number of people on radio talk shows have started a rumor about his participation and his company's participation in the city's health insurance program. He said neither he nor his company have ever had any connection with the city's health insurance program. He said while he carries the title of chairman of the board of Hilb, Rogal & Hamilton, he is in effect a commission sales person and he receives no direct compensation from HRH on anything with which he is not directly involved. He also discussed a conflict of interest opinion given by former City Attorney James Bray in 1999. The Mayor said he does not do any business with the city, the Port of Corpus Christi Authority or Nueces County. He said he hopes this statement dispels any such rumors. Mr. Scott said he believes the Mayor has continued to do the right thing to the best of his ability and he appreciates his tenure as mayor. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:38 p.m. on February 18, 2003.