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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 City Secretary Chapa said that Items 5.a. and 5.b. were withdrawn by staff.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. * * * * * * * * * * * * *