HomeMy WebLinkAboutMinutes City Council - 04/08/2003I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of April 8, 2003, which were approved by the
City Council on April 15, 2003.
WITNESSETH MY HAND AND SEAL, this the 3rd day of November 2003.
/la.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Samuel L. Neal Jr.
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 8, 2003 - 2:35 p.m.
City Staff:
Acting City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Dr. Ray Kiser of the First United Methodist Church and the Pledge of
Allegiance to the United States flag was led by Mayor Loyd Neal. 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 deviated from the agenda to allow the Council to thank their supporters and the
citizens for their election to office.
* * * * * * * * * * * * *
Mayor Neal opened the discussion regarding the selection of Mayor Pro Tem. He said that
in the past, the procedure has been to rotate the Mayor Pro Tem and that this practice would
continue. Thus, he announced that Council Member Henry Garrett would be the first Council
Member to serve as the Mayor Pro Tem this term. He announced the dates of service for the
remaining Council members. City Secretary Chapa polled the Council for their votes as follows:
E. MOTION NO. 2003-133
Motion selecting the Mayor Pro Tem service dates as follows: Henry Garrett, April 8, 2003 -
July 7, 2003; Melody Cooper, July 8, 2003 - October 6, 2003; Brent Chesney, October 7,
2003 - January 5, 2004; Mark Scott, January 6, 2004 - April 5, 2004; Rex Kinnison, April
6, 2004 - July 5, 2004; Javier Colmenero, July 6, 2004 - October 4, 2004; Jesse Noyola,
October 5, 2004 - January 3, 2005; and Bill Kelly, January 4, 2005 - end of term.
The foregoing motion passed by the following vote: Neal, Chesney, Cooper, Garrett, Kelly,
Kinnison, Noyola and Scott, voting "Aye"; Colmenero absent.
* * * * * * * * * * * *
*
Mayor Neal called for consideration of the consent agenda (Items 1-9). City Secretary Chapa
Minutes - Regular Council Meeting
April 8, 2003 - Page 2
noted that Items 5 and 8 had been withdrawn and that Council Member Noyola was abstaining from
voting or discussing Items 6, 9a and 9b. Mayor Neal asked if there was public comment. Mr. Bill
Kopecky, 3609 Topeka, requested that Item 4 be discussed. There were no comments from the
Council. A motion was made and passed to approve Items 1, 2, 3, 6, 7 and 9, constituting the
consent agenda, except for Item 4, which was pulled for individual consideration. City Secretary
Chapa polled the Council for their votes and the following motions passed by the following vote:
Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was
absent. (NOTE: Noyola abstained on Items 6, 9a and 9b; an emergency was declared for item 9)
MOTION NO. 2003-134
Motion approving a supply agreement with Univar USA of Corpus Christi, Texas for
calcium hypochlorite in accordance with Bid Invitation No. BI -0065-03 based on low bid
for an estimated annual expenditure of $26,500. The term of the 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 Acting City Manager or his designee. Funds
are available from the Warehouse Inventory for FY2002-2003.
2. MOTION NO. 2003-135
Motion approving the purchase of eight (8) cargo trailers from Superior Trailers Sales,
Corpus Christi, Texas in accordance with Bid Invitation No. BI -0067-03, based on low bid
for the total amount of $34,400. These trailers will be used by the Fire Department. Funds
are available through the Metropolitan Medical Response System Grant. These items will
be new to the fleet.
3. MOTION NO. 2003-136
Motion approving the purchase of three (3) pickup trucks from the Houston -Galveston Area
Council of Governments (HGAC), for the total amount of $64,231.50. The award is based
on the Cooperative Purchasing Agreement with HGAC. These pickup trucks will be used
by the Fire Department. Funds are available from the FY2002-2003 Maintenance Services
Fund. These items will be replacements to the fleet.
5. Mution autl.o' iz..lg tl.c Acting C.ty Manager or l..s d.., gnc.. tV cAccut.. CI.a lg., O.d.,r No.
45 itl. FII1toi, ., ijCOa�t.,onI..cA Joi
.ut V nturc, of Co. Yus Christi, na5 iff Ll.., .let3u.vu.lt
of mg $425,410.87 G,. tl.c Cu.pus it Il Int ..lati ..al A;..t ..c tc al Lu.ldf 1
.,ouc.et.. dud strtsctw al 5te..1 fi.r t1.6 r..ta.l au Transportatiton Sccu. ity Adffun.5t. at.0u 1..a5..
a...ao a..1 a,r cAt.,.i.,. G..1sl. byDtcIII fur the A11 Ca.go Buildzg.
6. MOTION NO. 2003-138
Motion authorizing the Acting City Manager or his designee to execute Change Order No.
6 with Bay, Ltd. of Corpus Christi, Texas in the net amount of $87,208.24 for the Corpus
Christi International Airport Roadway and Parking Lot improvements.
7. MOTION NO. 2003-139
Minutes - Regular Council Meeting
April 8, 2003 - Page 3
8.
Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural
Commission, consisting of arts professionals and community peers to make a
recommendation for the Airport "Percent for Art" project.
l.Vl pvl aU.
11li 1ldllwu� LG1S, lv1 11L1uu1u1❑ OpCA1ng L10 dulOwlta equal to pnccs list
utllo1,z111g the resal. of sixty -Hint (69) prop
.. ' ' w tlpvu f01 fd,1ul� tO pay all vdlvla,
xhihit A.
9.a. ORDINANCE NO. 025253
aG1LcQ all
L. all
Ordinance authorizing the Acting City Manager or his designee to execute a baggage cart
rental concession lease agreement with Smarte Carte, Inc. for the operation of a self service
baggage cart rental concession at the Corpus Christi International Airport in consideration
of payment of ten percent of the concessionaires gross monthly revenues for a term of up
to twelve months.
9.b. ORDINANCE NO. 025253
First Reading Ordinance - Authorizing the Acting City Manager or his designee to execute
a long-term lease agreement with Smarte Carte, Inc. for the operation of a self service
baggage cart rental concession at the Corpus Christi International Airport in consideration
of payment of ten percent of the concessionaire's gross monthly revenues for a term of sixty
months.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4. Mr. Bill Kopecky, 3609 Topeka, questioned the
wisdom of putting this item on the consent agenda since it was dealing with a $3.5 million
expenditure. City Secretary Chapa polled the Council for their votes as follows:
4. MOTION NO. 2003-137
Motion authorizing the Acting City Manager or his designee to execute a construction
contract with Bryan Construction of Bryan, Texas in the amount of $3,462,290 for the North
Navigation Boulevard Pumping Plant Contract No. 2 for the pump station and site work.
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal opened the discussion on Item 10, a first reading ordinance regarding the dune
protection and beach access regulations. Acting City Attorney Jay Reining said that last spring, the
Council had approved an ordinance making a number of substantive changes to the city's beach and
dune regulations. The ordinance was in turn submitted to the General Land Office (GLO) and the
Attorney General as required. Both state agencies sent letters with a number of proposed substantive
Minutes - Regular Council Meeting
April 8, 2003 - Page 4
and editorial changes. Mr. Reining said that he met and spoke with the agencies several times, and
the ordinance before the Council today is a reflection of their negotiations. Specifically, they asked
staff to update the flow charts and provide applications forms. They rejected a provision to close
beach access roads during beach festival events.
Mr. Reining said that staff added an animal control provision to allow for flexibility
depending on the season and volume of visitors. In the winter, for example, owners would not be
required to have a leash on their animals since it is a lower usage period. In the summer, animals
would be allowed on the beach with leashes in high use areas or not at all, depending on the volume
of visitors. Provisions restricting vessels on the beaches and regulating vendors were also added.
Council Member Scott asked if the Council would be notified when the lease law would go
into effect. Mr. Reining replied that every change in the ordinance requires approval by the GLO.
At the moment, a system is not yet in place to implement the law and notify the Council. Mr. Scott
asked that the Council be notified when the law was implemented. Mr. Scott asked about the
county's discussions regarding moving dune protection authority to the city. He asked how this
would affect the city if it was to occur. Mr. Reining said that the city's rules are written in such a
way as to account for this contingency.
Council Member Noyola asked who would have the discretion to decide on how strictly the
leash law would be enforced at any given time. Mr. Reining responded that the City Manager or his
designee would have the authority. Mr. Noyola expressed his concern that the animal control
provision was too flexible. Mr. Reining said that he thought a specific policy would be formulated
by the Park and Recreation Department, Animal Control and the Police Department. He speculated
that the policy would require leashes around the seawall, J. P. Luby Park, and the wilder parts of the
city's beaches. He thought that no dogs would be allowed only during the specifically heavy use
periods that the Police Department was concerned about.
Mayor Neal asked if the city had the authority to implement a dress code on its beaches. Mr.
Reining said that he was not aware of any specific prohibition on people's dress on the beach.
Mayor Neal said that there were some problems reported during Spring Break, and he was
concerned that the problem would escalate unless it was addressed. Mr. Reining said he would look
into it and provide the Mayor with a report. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes and following ordinances passed by the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
10.a. FIRST READING ORDINANCE
Ordinance amending the City of Corpus Christi, Texas, Dune Protection and Beach Access
Regulations, as adopted by Chapter 10, Beachfront Management and Construction, Code of
Ordinances, City of Corpus Christi, regarding the permitting process for master plan
developments, dune protection permits, beachfront construction certificates, and concurrent
dune protection permits/beachfront construction certificates, authorized animal control
measures on Gulf of Mexico beaches, restrictions on vessels operating from Gulf of Mexico
beaches, regulation of vendors on Gulf of Mexico beaches, regulation of beach festivals, and
editorial changes; and providing for penalties.
Minutes - Regular Council Meeting
April 8, 2003 - Page 5
10.b. FIRST READING ORDINANCE
Amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas Dune
Protection and Beach Access Regulations, by revising the titles of Appendices V, VIII, and
XI, by revising the application process flow charts in Appendices IV and V, and by adding
application forms for beachfront construction certificates and concurrent dune protection
permits/beachfront construction certificates to Appendix V, and by adding a copy of the
Interlocal Cooperation Agreement between the City of Corpus Christi, City of Port Aransas,
and County ofNueces relating to the Mustang and North Padre Island Beach Parking Permit
System as Appendix VIII; and providing for an effective date.
Mayor Neal opened discussion on item 11 regarding electronic payment use fees. Susan
Cable, Director of E -Government, reported that the city was now ready to launch its on-line traffic
fine payment application. To review, she said that it had been about a year since the city approved
a contract with Texas Local Interactive that would provide the ability to perform electronic
transactions. Staff proposed including a convenience fee for the traffic ticket and parking ticket on-
line applications to cover the city's costs for implementation, including development fees and bank
transaction fees. She said that the Council directed staff to develop a sliding fee structure, rather than
a flat fee, for the use of on-line traffic and parking fine payment service. Bank transaction fees for
the city's online utility bill payments have averaged 2.6 percent since implementation in October
2002. Thus, staff is proposing a user fee of three percent of the transaction amount for the online
payments of Municipal Court fines and fees. Council Member Kinnison asked what the typical
usage was for on-line utility bill payments. Ms. Cable responded that since October 2002, there
have been 2500 transactions for a total of $260,000. He asked if current utility bills included
information on online utility bill payments. She said that the information was being included on all
utility bills. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
11. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 17, Finance and Taxation, by adding Section
17-1.3, Electronic Payment Use Fees; setting a rate of 3% for Electronic Payment of
Municipal Court Fines.
The foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Cooper,
Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
12. Executive session under Texas Government Code Section 551.071 regarding the Mustang
Island Fire and Parks & Recreation Station - Project 5114, with possible discussion and
related action in open session.
13. Executive session under Texas Government Code Section 551.071 regarding the
administration of the City's employee health benefits plans, with possible discussion and
Minutes - Regular Council Meeting
April 8, 2003 - Page 6
related action in open session.
The Council went into executive session. The Council returned from executive session, an
emergency was declared, and the following ordinances were passed with the following vote: Neal,
Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
12.a. ORDINANCE NO. 025254
Ordinance amending Ordinance No. 025218 to increase appropriations from CNA
Surety Company and Continental Company from $280,351.84 to $374,851.84 for the
Corpus Christi Mustang Island Fire and Park and Recreation Station, Project No.
5114; amending Capital Budget to increase appropriations by $235,357 by increasing
appropriations by $94,500.
12.b. MOTION NO. 2003-140
Motion authorizing the Acting City Manager or his designee to execute a
construction contract (Tender, Completion and Release Agreement) with Elite
Construction Company in the amount of $679,500 for the Mustang Island Fire Sub -
Station and Parks and Recreation Beach Services Facility.
************
*
Mayor Neal called for the City Manager's report. Acting City Manager Noe reported that
a number of individuals in the area would be attending the C.C. to D.C. Day in Washington, D.C.
to visit with our legislative delegation on issues of importance. He said that he and Council Member
Colmenero were attending. On May 9, the city will be receiving the Chairman's Award from the
Coastal Bays Foundation at their annual awards dinner for "commitment to and extraordinary
effectiveness in preserving coastal heritage". Tomorrow evening at 5:30 p.m. at the Oveal Williams
Senior Center, there will be a public hearing on rezoning in the Northside area. This is Public
Health Week and a reception is currently taking place at the Health Department if any of the Council
members would like to attend. Finally, Mr. Noe said that starting next week, the city will try to
periodically recognize employees or groups of employees as a way to extend our thanks to them for
their service.
Mayor Neal called for Council concerns and reports. He asked Ms. Lee Ann Dumbauld,
Director of Finance, to comment on the bond ratings that the city had received for the bond sales that
had recently been approved. Ms. Dumbauld said that the firms had reconfirmed the city's ratings,
citing the city's achievements in fund balance and stability of government. In response to Mayor
Neal's question, Ms. Dumbauld said Fitch's rating of double A minus is considered excellent and
Standard and Poors' rating of A One is considered very good. He also said the firms made
complimentary statements about the city's debt position. Mayor Neal commented on an e-mail he
had received regarding a city employee who was the winner of a local March of Dimes fundraiser.
Elliott Cooper with the MIS Department won the 2003 Ford Focus raffled off in the fundraiser, but
instead of keeping the vehicle, he decided to donate it back to the March of Dimes. He said his
sister had been diagnosed with polio in the past and the March of Dimes funded the research and
treatment of the disease. Mayor Neal applauded his decision and said that he would like to
Minutes - Regular Council Meeting
April 8, 2003 - Page 7
recognize him at a future Council meeting. He asked Mr. Reining about the status of a mutual aid
agreement between the city, Kingsville and other entities. Mr. Reining said that the agreement was
coordinated through the COG and he did not know what the status was. Mayor Neal asked him to
find out and report back to him. Mayor Neal asked for a staff member from Code Enforcement to
meet with him after the meeting about a situation on Lexington Road.
Mr. Garrett reported that a contractor who attended the Town Hall meeting at Wilson
Elementary said that his wife had to wait two hours for a permit for a roofing job. When his wife
took exception to the long wait and mentioned it to a city employee, the employee told her to
contact her council member if she didn't like it. He asked Mr. Noe to address the matter. Mr.
Garrett also said that there was a problem with loose dogs in Pope Park. He asked Mr. Noe to see
if he could see about assigning some directed patrol officers to take action against the owners of the
dogs. He said the dogs were a real threat to the safety of the children and other patrons of the park.
Mr. Scott recognized Mr. Michael Gunning, Director of Planning, for celebrating his 30th
anniversary with the City of Corpus Christi. In response to Mr. Scott's question, Mayor Neal said
that the Flour Bluff NJROTC would be recognized after they competed on May 3 and 4. Mr. Scott
asked Mr. Noe about the status of the temporary fire station on Padre Island. Mr. Noe said that he
and the Fire Chief had been working on the ability to put a temporary fire station on the island since
there was a delay in the construction of the permanent facility. They anticipated having one in place
by the end of this month. He said the station would more than likely be placed in the state park. In
response to Mr. Chesney's question, Mr. Noe said the facility would be a trailer or mobile home type
of facility with a fire apparatus stationed nearby. Mr. Scott thanked his wife and children for their
support. Finally, Mr. Scott proposed submitting a resolution next week to recognize and thank the
armed forces involved in the current intemational conflict.
Mr. Noyola congratulated Mr. Gunning on his 30' anniversary with the City of Corpus
Christi. Mr. Noyola asked staff to investigate a constituent's complaint about loose gravel on Ayers
Road near a Local car repair shop. He also wanted to recognize Club Estates for their exemplary
status and asked that they be recognized at a future Council meeting for their achievement.
Ms. Cooper complimented City Secretary Chapa and his staff for the way they conducted
the city elections. Mayor Neal and Mr. Noyola also thanked Mr. Chapa for his work. Mr. Chapa
thanked his staff and also recognized the City Manager's Office, the Planning Department, the MIS
Department, the Legal Department and others for their assistance.
*************
Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, said he
disagreed with the pay raise given to Mr. Tom Utter. He also asserted his contention that the city
was in violation because it was not making contributions to TMRS from Mr. Utter's pay. Mr. Noe
replied that he had spoken with TMRS and that the city was not in violation. Mr. Leon Perez, 904
Buford, was concerned about the increases in his gas bill. Mr. Bill Kopecky, 3609 Topeka,
commented regarding Mr. Tom Utter's employment with the city, his pension and his status as a
lobbyist. Mr. J. E. O'Brien, 4130 Pompano, spoke regarding an August 29, 2000 council meeting
discussion regarding the payment of facility maintenance for the Packery Channel project and Mr.
Tom Utter's remuneration. Mr. R.F. Hasker, 1813 Wallace, spoke regarding the Document of
Minutes - Regular Council Meeting
April 8, 2003 - Page 8
Understanding for the Packery Channel project, specifically the storm water damage and seawall
insurance sections. Mr. Steven Oaks, 505 S. Water, spoke regarding the prohibition of
skateboarding on city streets and sidewalks and police harassment.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:32 p.m. on April 8, 2003.
*************