HomeMy WebLinkAboutMinutes City Council - 03/04/2003I 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 March 4, 2003, which were approved by
the City Council on March 25, 2003.
WITNESSETH MY HAND AND SEAL, this 25th day of March 2003.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 4, 2003 — 1:17 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott*
ABSENT
Mayor Pro Tem John Longoria
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 Father Benjamin Bernier, Providence Reformed Episcopal Church,
and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. 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. *Council Member Scott arrived at
the meeting at 1:20 p.m.
Mayor Neal called for approval of the minutes of the joint meeting of February 11, 2003
and the regular meeting of February 18, 2003. Council Member Kinnison made a motion to
correct page 6 of the February 18th minutes to change "November 2005" to "November 2004."
Council Member Kelly seconded the motion and the minutes were passed as amended. The
Mayor said he was withdrawing Item 9 from the day's agenda.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-14). City Secretary
Chapa said that Items 5.a. and 5.b. were withdrawn by staff. Council members requested that
Items 4 and 10 be discussed. There were no comments from the audience. Mr. Chapa polled the
Council for their votes and the following passed:
2. M2003-090
Motion authorizing the Acting City Manager or his designee to execute Change Order
No. 5 with King -Isles Inc. of Corpus Christi, Texas in the amount of $40,000 for the
wastewater force main repair/replacement 30" force main line B (Wooldridge Lift
Station).
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Minutes — Regular Council Meeting
March 4, 2003 — Page 2
3.a. M2003-091
Motion authorizing the Acting City Manager or his designee to execute Amendment No.
11 to the Engineering Services Contract with Shiner, Moseley and Associates, Inc. of
Corpus Christi, Texas in the amount of $140,400 for the Seawall Reconstruction Project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
3.b. M2003-092
Motion authorizing the Acting City Manager or his designee to execute Change Order
No. 6 with Laughlin Environmental, Inc. of Houston, Texas in the amount of $167,785
for the Seawall Reconstruction Project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
5.a. WITHDRAWN
5.b. WITHDRAWN
contract with ECMS, Inc. of Corpus Christi, Toxas in the amount of $60,500 for
2 Project.
6.a. M2003-094
Motion authorizing the Acting City Manager or his designee to execute a Right -of -Way
Easement Agreement with The Nature Conservancy of Texas, Inc., for the right of
ingress and egress in connection with the Rincon Diversion Project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
6.b. M2003-095
Motion authorizing the Acting City Manager or his designee to execute a Right -of -Way
Easement Agreement with The Nature Conservancy of Texas, Inc., for the right of
ingress and egress in connection with the Allison Wastewater Diversion Project.
Minutes — Regular Council Meeting
March 4, 2003 — Page 3
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
7. M2003-096
Motion authorizing the Acting City Manager or his designee to execute a Software
Maintenance and Support agreement with PeopleSoft USA, Inc. of Pleasanton, California
in the amount of $38,740 for twelve (12) months of PeopleSoft software maintenance
support based on sole source.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
8. M2003-097
Motion authorizing the Acting City Manager or his designee to execute a Software
Maintenance and Support agreement with PeopleSoft USA, Inc. of Pleasanton, California
in the amount of $201,625.73 for twelve (12) months of PeopleSoft software maintenance
support based on sole source.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
9. WITHDRAWN
Plan at a., hourlyr..teofS34n
11. ORDINANCE NO. 025221
Ordinance authorizing the Acting City Manager or his designee to execute a Use
Privilege Agreement with Nueces County Appraisal District, for the right to construct,
operate, maintain and remove a raised concrete front entry approximately 5'0" in width
by 25'0" in length by 4'7" in height, within a city public right-of-way (sidewalk area)
adjacent to the building located at 201 N. Chaparral Street; and waiving the fee of $1,250
in consideration for the assistance that the Appraisal District provides at no cost to the
City of Corpus Christi; and requiring the Nueces County Appraisal District to comply
with the specified conditions.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Minutes — Regular Council Meeting
March 4, 2003 — Page 4
12.a. ORDINANCE NO. 025222
Ordinance appropriating $2,473.10 from the Unappropriated Interest Earnings from the
2001 Museum Capital Improvement Bond Fund No. 3261 into Fund No. 3261 for project
enhancements for Bond Issue 2000 Projects; amending Capital Budget adopted by
Ordinance No. 025144 by increasing appropriations by $2,473.10.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
12.b. ORDINANCE NO. 025223
Ordinance appropriating $160,664.48 from the Unappropriated Interest Earnings from the
2001 Park and Recreation Capital Improvement Bond Fund No. 3288 into Fund No. 3288
for project enhancements for Bond Issue 2000 Projects; amending Capital Budget
adopted by Ordinance No. 025144 by increasing appropriations by $160,664.48.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
12.c. ORDINANCE NO. 025224
Ordinance appropriating $244,844.93 from the Unappropriated Interest Earnings from the
2001 Public Health and Safety Capital Improvement Bond Fund No. 3358 into Fund No.
3358 for project completion of Bond Issue 2000 Projects; amending Capital Budget
adopted by Ordinance No. 025144 by increasing appropriations by $244,844.93.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
12.d. ORDINANCE NO. 025225
Ordinance appropriating $362,320.02 from the Unappropriated Interest Earnings from the
2001 Street Capital Improvement Bond Fund No. 3540 into Fund No. 3540 for the
project completion of Bond Issue 2000 Projects; amending Capital Budget adopted by
Ordinance No. 025144 by increasing appropriations by $362,320.02.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
13. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Section 53-84, Project
Eligibility Requirements and Design Standards, by adding discretionary language to the
Guidelines for Location of Traffic Calming Devices.
Minutes — Regular Council Meeting
March 4, 2003 — Page 5
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
14.a. M2003-098
Motion to amend prior to second reading to reflect the speed limit change.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
14.b. ORDINANCE NO. 025226
Ordinance amending Code of Ordinances Section 53-254, Schedule V, Increase of State
Speed Limit in Certain Zones, by revising the speed limits on the following street
sections: on Saratoga Boulevard, (S.H. 357); revising the existing speed limits to the
following: 55 mph from Old Brownsville Road (F.M. 665) to the southbound frontage
road of the Crosstown Expressway (S.H. 286); 50 mph to 45 mph from the southbound
frontage road of the Crosstown Expressway (S.H. 286) to Rodd Field Road (S.H. 357)
except a portion where school zone flashes are displayed indication 30 mph; on Rodd
Field Road, (S.H. 357); revising the existing speed limits to the following: 55 mph to 45
mph from Holly Road to the centerline of Saratoga Boulevard (S.H. 357); providing for
penalties.
The foregoing ordinance passed on second reading, as amended, as follows: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye";
Longoria absent.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 4, Padre Island pump station valve automation.
Council Member Scott asked how this project benefits homeowners on the island. Mr. Angel
Escobar, Director of Engineering Services, said the main benefit is higher, more constant water
pressures. Council Member Garrett asked if there are any concems regarding the water pressure
to fight fires on the island. Mr. Escobar said that even during peak periods there is sufficient
pressure. Assistant City Manager Ron Massey said this action will ensure that the tanks are filled
automatically rather than manually from the O.N. Stevens Water Treatment Plant. City Secretary
Chapa polled the Council for their votes as follows:
M2003-093
Motion authorizing the Acting City Manager or his designee to execute Ratification of
Amendment No. 2 to the Consultant Contract with Bath Engineering Group of Corpus
Christi, Texas in the amount of $7,890 for a total re -stated contract amount of $32,710 for
the Padre Island Pump Station Valve Automation and Instrumentation Project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
Minutes — Regular Council Meeting
March 4, 2003 — Page 6
Mayor Neal opened discussion on Item 10, resale of foreclosed properties. He noted that
the tax liens on many of the properties are much higher than the appraised values. Mr. Marvin
Leary, Area Manager with the Linebarger law firm, said that prior to the formation of the
consolidated tax office, the city operated a joint tax office and collected taxes for the city,
CCISD and Del Mar College and Linebarger represented all the taxing entities by separate
contract. With regard to the first property on the list, one of the reasons it became so delinquent
is because one of the stipulations in the old joint tax office collection contract was that
Linebarger was absolutely forbidden from foreclosing on a homestead. The owner eventually
moved into a nursing home but by then the taxes had grown significantly and the house later was
demolished. He said other cases have involved legal issues such as bankruptcy.
The Mayor said his office consistently receives complaints about properties with high
weeds and dilapidated structures. Mr. Leary said the property tax code has a very specific
process that has to be followed, which can be very time-consuming. Acting City Manager Noe
pointed out that not only is the city not receiving taxes on those properties, it also has to pay to
maintain many of the properties at some level. Responding to Council Member Scott, Mr. Leary
further described the foreclosure process. He said that approximately 40 to 60 properties a month
are posted for tax sale. City Secretary Chapa polled the Council for their votes:
10. RESOLUTION NO. 025220
Resolution authorizing the resale of fifteen (15) properties, listed on the attached Exhibit
A, which were foreclosed by Nueces County for failure to pay ad valorem taxes and
miscellaneous liens. Resale of these properties will be at a minimum bid equal to prices
listed on the attached Exhibit A.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, Noyola, and Scott voting "Aye"; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 15, a presentation regarding the Comprehensive Annual
Financial Report (CAFR) for the fiscal year ended July 31, 2002.
Ms. Constance Sanchez, Assistant Director of Finance, said this is the first financial
statement the city has issued with the new reporting format required by the Government
Accounting Standards Board (GASB) Statement No. 34. She said this is also the first year that a
compact disc of the CAFR will be available.
Mr. John Shepherd, of Collier, Johnson & Woods, acknowledged the efforts of Finance
Director Lee Aim Dumbauld and her staff, particularly Ms. Janie Baysinger. He also said that his
firm researched many accounting issues relating to the implementation of GASB 34. They were
also involved in consultation relating to the financial presentation and disclosures in the CAFR.
Mr. Shepherd said that Collier's report is an unqualified opinion on the city's financial statement
that says they are fairly presented in all material respects in conformity with the accounting
principles generally accepted in the United States. He then explained how the GASB 34
requirements changed the city's financial statement. He also discussed several specific aspects of
Minutes — Regular Council Meeting
March 4, 2003 — Page 7
the CAFR and responded to Council questions. He summarized by saying that all of the city's
fund balances are positive and they all improved over last year except for the debt service fund.
Mayor Neal pointed out that the city does not have $57.1 million in property tax for the
General Fund because a substantial portion of that goes to debt service. He said the city also does
not have $45.3 million in sales tax revenue for the General Fund because it is inclusive of all
sales tax collected. Mr. Shepherd said that any business, including cities, has to have net
revenues in order to operate. Council Member Scott requested information about what portion of
the interest on the debt is spent on public safety. Council Member Garrett asked about figures
regarding public safety. Acting City Manager Noe said that some of the numbers are net
expenditures of the revenues those programs generate. He said people have to be careful about
comparing some of those numbers to past figures because the basis is now totally different.
Mayor Neal recessed the meeting to read the day's proclamations.
* * * * * * * * * * * * *
Upon reconvening, Mayor Neal recessed the regular Council meeting for the meeting of
the Corpus Christi Community Improvement Corporation.
* * * * * * * * * * * * *
Mayor Neal announced the executive sessions, which were listed on the agenda as:
17. Executive session under Texas Government Code Section 551.071 regarding Second
Baptist Church of Corpus Christi, Texas v. City of Corpus Christi, No. 00-6895-A, 28th
District Court, Nueces County, Texas, with possible discussion and action related thereto
in open session.
18. Executive session under 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.
19. Executive session under 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.
20. Executive session under Texas Government Code Section 551.071 for legal advice
regarding potential litigation relating to a discrimination complaint filed by a City
employee with the Texas Commission of Human Rights, Susan Cable v. City of Corpus
Christi, TCHR Complaint No. 1A30036-S/EEOC Complaint No. 31CA300081, with
possible discussion and action related thereto in open session.
21. Executive session under Texas Government Code Sections 551.071 regarding police
contract negotiations, with possible discussion and action thereto in open session.
22. Executive session under Texas Government Code Sections 551.071 regarding Larry
Young et al v. City of Corpus Christi, No. 01-647-C, 94th District Court, Nueces County,
Texas, and Mary Collins et al v. City of Corpus Christi, No. 01-646-C, 94th District
Court, Nueces County, Texas, with possible discussion and action in open session.
Minutes — Regular Council Meeting
March 4, 2003 — Page 8
City Secretary Chapa stated that Council Member Kelly would be abstaining from
participating on Item 19. The Council went into executive session. The Council returned from
executive session. Mayor Neal referred to Item 18, saying that while the Council feels it has a
strong position to take regarding the issues brought by the proponents of the South Wharf
Project, they believe it is in the best interest of all future development on the bayfront to take the
following action. He then made the motion, which was seconded by Council Member Kelly:
18. M2003-099
Motion directing the City Manager to request assistance from the State Legislature to
clarify legislation governing use of the bayfront area patented to the City by the State of
Texas.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly,
Noyola, and Scott voting "Aye"; Colmenero, Kinnison and Longoria absent.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Acting City Manager Noe said that the
Evening Rotary Club of Corpus Christi will honor Chris Grote as Firefighter of the Year. He said
the city began operations out of the One -Stop Development Center this week. Mayor Neal
suggested that staff designate a parking area at the center for use by the Council when the
Emergency Operations Center is in operation. He said that on March 6, 2003 there will be a
meeting of the Mustang/Padre Island Area Development Plan stakeholders' group and on March
10`h there will be a workshop on the part of the 4A Board of the Corpus Christi Business and Job
Development Corporation. Mr. Noe also described efforts of city staff in preparation for spring
break visitors.
Mayor Neal asked staff to plan a joint meeting with the Regional Transportation
Authority board. City Secretary Chapa suggested they plan to hold it on May 13, 2003. He said
Mr. Jack Sligar sent a complimentary letter regarding assistance staff gave him. The Mayor also
asked staff to schedule an executive session regarding the Hector Villarreal lawsuit. He then
called for Council concerns and reports.
Mr. Chesney announced a town hall meeting on March 10`h at Island Presbyterian Church
and he said the next Friends of the Park meeting will be March 5th at 5:30 p.m. at City Hall. He
also asked about the status of the Laguna Shores project. Mr. Escobar said the project starts at
Mediterranean and goes to Caribbean. He said the bridge will be replaced with another bridge of
the same length and height clearance.
Mr. Garrett asked about the timelines of the SPID-Crosstown Expressway interchange
and JFK Causeway projects. Mr. Escobar said that Mr. David Casteel will provide that
information to staff and they will forward it to the Council. Mr. Garrett said there are many
inquiries about the diagram of the causeway project and he reported high weeds on the median
near Oso Hills.
Minutes — Regular Council Meeting
March 4, 2003 — Page 9
Mr. Noyola asked if there is an ordinance regarding door-to-door solicitation after 9 p.m.
Mr. Reining said that according to the Code of Ordinances, it is unlawful to solicit for charitable
purposes between the hours of 9 p.m. and 9 a.m. Mr. Noyola said there is a problem with a
portion of the street near the Gabe Lozano Golf Course and he requested information regarding a
business near Port and Ayers.
Mayor Neal asked about the city's ordinance regarding people soliciting near
intersections. Mr. Reining said people are not allowed to go into the street and they generally
have to have a permit.
Mr. Kelly announced that during the recent Destination Imagination competition in the
5`h grade division, Calallen East came in first, Calallen Wood River (including his daughter)
came in fourth, and Calallen Magee came in fifth place. He also congratulated the students from
Miller High School for their slide show. He announced that Tuloso-Midway ISD opened its third
school this year. Mayor Neal said he visited Annaville Elementary yesterday and he
complimented the students and staff there.
Mr. Scott asked if Nueces County will be supporting the city's child crossing guard
legislation and Mr. Noe said it is on the Commissioners Court agenda next week. Mr. Colmenero
also commented on groups that are soliciting for donations in Corpus Christi and he requested
information on how staff is dealing with potholes. Mr. Chesney congratulated his alma mater,
Ray High School, for progressing to the finals of the 5A state basketball championships.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jack Gordy, 4118 Bray, said there is a city ordinance prohibiting political signs in the
street right-of-way and he said that some Council members' signs are located in the right-of-way.
Mr. Bill Blackburn, 4513 Greensboro, said he was speaking on behalf of the South Texas
Alliance for Peace, which is offering a resolution for passage by the Council declaring Corpus
Christi a city for peace. He read from the proposed resolution, which stated in part that war
should not be undertaken unilaterally or preemptively by the United States or by any other
country.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 4:15 p.m. on March 4, 2003.
* * * * * * * * * * * * *