HomeMy WebLinkAboutMinutes City Council - 04/29/2003I HEREBY CERTIFY tha the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Chtisti City Council of April 29, 2003, which were approved by the
City Council on May 13, 2003.
WITNESSETH MY HAN
SEAL
AND SEAL, this 8th day of October 2003.
Armando Chapa
City Secretary
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 29, 2003 - 2:02 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Henry Garrett
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
Mayor Neal called the meting to order in the Council Chambers of City Hall. The
invocation was delivered by Pas or James Singleton of the Faith Temple and the Pledge of
Allegiance to the United States fla€
called the roll and verified that the r
were present to conduct the meetir
Council meeting of April 22, 200
presented.
was led by Council Member Mark Scott. City Secretary Chapa
ecessary quorum of the Council and the required charter officers
g. Mayor Neal called for approval of the minutes of the regular
. A motion was made and passed to approve the minutes as
Mayor Neal referred to Itetp 2 and the following board appointments were made:
Community Youth Development Program Steering Committee
Rafael Alvarez (reappointed)
Katie Childs (appointed)
Coretta Graham (appointed)
Vanessa Reynolds (appoinled)
In addition, Mayor Neal asked that the Community Youth Development Program provide
a report to the Council on their prcjgress in the near future.
* * * * * * * * * * * *
*
Mayor Neal called for conspderation of the consent agenda (Items 3-12). Council members
requested that Items 6 and 11 be discussed. City Secretary Chapa announced that Council Member
Noyola was abstaining from discussion and vote on Items Ila and 11b. There were no comments
from the audience. A motion was spade and passed to approve Items 3 through 12, constituting the
consent agenda, except for Items 6 and 11, which were pulled for individual consideration. City
Secretary Chapa polled the Council for their votes and the following items passed by the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Minutes - Regular Council Meeting
April 29, 2003 - Page 2
3. MOTION NO. 2003-158
Motion approving a supply
asphalt, with Martin Marie
Invitation No. BI -0054-03
$180,375, of which, $45,09:
be for twelve months witl
periods, subject to the appn
Street and Utility Departme
City Streets. Funds have be
2003.
4. MOTION NO. 2003-159
agreement for approximately 6,500 tons of cold mix -cold laid
tta Materials, Corpus Christi, Texas in accordance with Bid
based on low bid for an estimated annual expenditure of
3.75 is for FY2002-2003. The term of the supply agreement will
an option to extend for up to two additional twelve-month
val of the supplier and the City Manager or his designee. The
nts will be using this material for the patching and repairing of
en budgeted by the Street and Utility Departments for FY2002-
Motion authorizing the ity Manager or his designee to execute a twelve-month
maintenance agreement wi h Hewlett-Packard Company in the amount of $36,708 for HP
N4000 Enterprise Server h dware and operating system maintenance based on sole source.
5. MOTION NO. 2003-160
Motion authorizing the City Manager or his designee to execute a construction contract with
Eagle North America of Evans, Georgia in the amount of $213,655 for the O.N. Stevens
Water Treatment Plant North and South Lagoons Dredging.
7. MOTION NO. 2003-162
Motion authorizing the City Manager or his designee to execute a construction contract with
Third Coast General Contrz ctors of Corpus Christi, Texas in the amount of $113,667.49 for
the Regional Transportatio* Authority Bus Stop Miscellaneous Street Improvements, Phase
2.
8. MOTION NO. 2003-163
Motion authorizing the City Manager or his designee to execute a Utility Easement
Instrument with Peterson Ptoperties, Ltd., in the amount of $35,000, for Parcel 50, necessary
for the Southside Water Transmission Main, Phase 2A, and for other municipal purposes.
9. MOTION NO. 2003-164
Motion authorizing the City Manager or his designee to execute a construction contract with
R. S. Parker Construction of Portland, Texas in the amount of $50,602.50 for the Crystal
Lane Drainage Improvements.
10. FIRST READING ORDINANCE
Amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit
Minutes - Regular Council Meeting
April 29, 2003 - Page 3
in Certain Zones, by revising the speed limits on the following street section:
On Callicoatte Road, (F.M. 1694): revising the existing speed limits to the following:
45 mph from II -137
city limit line; and
12. ORDINANCE NO. 02527
orthbound Frontage Road south 1.391 miles (7,344.48') to the
roviding the penalties.
Second Reading Ordinanc: - Amending the City of Corpus Christi Preservation Plan, an
element of the Compreh nsive Plan, by adding four (4) "HC" Landmark Zoning
Designations and two (2) p operties designated as Potential Landmarks; and amending the
Comprehensive Plan. (Firs Reading - 4/22/03)
* * * * * * * * * * * * *
Mayor Neal referred to I em 6, regarding a change order for the City Hall Chiller
Replacement project. Council Me ber Cooper asked why a change order was necessary. Mr. Kevin
Stowers, Assistant Director of Engineering Services, said that there was a question raised about
whether the additional control syst m would make the system more energy efficient. After further
research, Mr. Stowers said that the control system was quite advanced and had achieved
considerable savings in energy cos s for other buildings in the area. He said that staff was not made
aware about the new system until er the contract was awarded. City Secretary Chapa polled the
Council and the following motion passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kinnison, $oyola and Scott, voting "Aye".
6. MOTION NO. 2003-161
Motion authorizing the City Manager or his designee to execute Change Order No. 1 in the
amount of $44,355 with
alek Inc., of Corpus Christi, Texas for the City Hall Chiller
Replacement - Phase 1 Pro ect.
Mayor Neal referred to Item 11 on the agenda regarding a lease agreement with DTG
Operations f/k/a Dollar Rent A Carl Systems. Council Member Cooper asked for more information
about the environmental contamination at the airport that was cited in this item. Mr. C. Kim
McGuire, Director of Environmental Programs, said that in the early 1990s there was an
underground storage tank on the site, operated by Budget Rentals, which had sprung a leak. The
Texas Commission on Environmental Quality (TCEQ) required an investigation and subsequent
removal of the tank. Mr. McGuire said that Dollar Rent A Car wanted to enter into an agreement
with the city for this site but, after an environmental site assessment was completed, discovered that
there was a small amount of soil and groundwater contamination. The contamination did not exceed
current TCEQ guidelines of acceptable levels, so no further action was taken. However, since the
contamination occurred under the previous management, Dollar Rent A Car is requesting a waiver
of liability for the level of contamination present at the site. In response to Council Member
Cooper's question, Ms. Debra Keller with the Aviation Department replied that no further action
needed to be taken to address the contamination according to the TCEQ. City Secretary Chapa
polled the Council for their votes and the following motion passed: Neal, Chesney, Colmenero,
Minutes - Regular Council Meeting
April 29, 2003 - Page 4
Cooper, Garrett, Kelly, Kinnison and Scott, voting "Aye"; Noyola abstained.
11.a. ORDINANCE NO. 02527
Ordinance authorizing the ity Manager or his designee to execute Amendment No. 2 to the
lease agreement with DTG Operations, Inc. f/k/a Dollar Rent A Car Systems, Inc. at the
Corpus Christi Internation 1 Airport, to hold harmless DTG Operations, Inc. from any
environmental contaminati n occurring prior to occupancy of the premises, for a term of up
to twelve months.
11.b. FIRST READING ORDINANCE
Authorizing the City Man er or his designee to execute Amendment No. 2 to the lease
agreement with DTG Oper tions, Inc. f/k/a Dollar Rent A Car Systems, Inc. at the Corpus
Christi International Airpo , to hold harmless DTG Operation, Inc. for any environmental
contamination occurring p or to occupancy of the premises for the term of the long term
lease.
Mayor Neal referred to Item 13, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
13. Case No. 0303-01, Richard Hesse: A change of zoning from a "R -1B" One -family
Dwelling District to "B-4" General Business District on Flour Bluff and Encinal Farm
and Garden Tracts, Section 10, being 4.71 acres out of Lot 9, located on the northwest
corner of Yorktown Boulegard and Cimarron Boulevard.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the "B-4" General Business District. No one appeared in opposition to the zoning change. A
motion was made, seconded and passed to close the public hearing. Mr. Chapa polled the Council
for their votes as follows:
ORDINANCE NO. 02527$
Amending the Zoning Ordinance upon application by Richard Hesse by changing the zoning
map in reference to Flour BWand Encinal Farm and Garden Tracts, Section 10, being 4.71
acres out of Lot 9, from "Rr1B" One -family Dwelling District to "B-4" General Business
District; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed by the following vote:
Neal, Chesney, Colmenerq, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Mayor Neal referred to Item 14, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Minutes - Regular Council Meeting
April 29, 2003 - Page 5
14. CaseNo.0203-04 Harold
District to a "B-4" Gener
District on Tract 2. The p
2.720 acres out of Blocks 7
ronke: A change of zoning from a "R -1B" One -family Dwelling
Business District on Tract 1 and "R-2" Multiple Dwelling
operty's legal description is Shell Road Poultry Acres, being
nd 8, located between Violet Road and Church Street and 500
feet north of Leopard Stree . (Tabled from 4-15-03 and 4-22-03)
City Secretary Chapa stat:d that Council Member Scott would be abstaining from the
discussion and vote on this item. M . Michael Gunning, Director of Planning, said that the 20% rule
was in effect because 44% of the ne ghborhood was in opposition to the changes. The case has been
tabled twice to allow the applicant ufficient time to meet with the property owners to address their
concerns. The applicant has met wi h the property owners in the area and has employed a consulting
engineer to research the drainage p
changed their previous request fro
to "R-1B"/SP on Tract 2 to build t
duplex would probably not he fea
drainage for the car wash on Tract
residential properties to the west a
oblems. In addition, Mr. Gunning stated that the applicant had
"B-4" to `B-1" on Tract 1 to build a carwash and from "R-2"
ree duplexes. Regarding Tract 2, Mr. Gunning said that a third
ible because of the plan to add a detention pond to handle the
1. He said that these changes would be more protective of the
d east.
Ms. Sandy Ward, 4441 Church Street, voiced two concerns about the changes. First, she was
concerned about the street's ability to support the traffic from the additional housing due to its poor
condition. Second, she was concei
detention pond would create proble
Bass & Welch Engineering said 1
drainage primarily on the proposec
another engineer, Mr. Randy Thom
the site and limited to the prede
ied that Mr. Kronke's plan to build a fence or gate around the
ns with standing water and mosquitoes. Mr. Murray Bass with
at his firm had been retained by Mr. Kronke to review the
site for the car wash. He said that he worked on the plan with
son, and they determined that the run-off can be retained from
elopment quantities with a detention pond. He based his
recommendation for the size of the fond assuming a five-year rain event. However, he said that Mr.
Angel Escobar, City Engineer, asked that he change the plans to provide for a 25 -year rain event.
Mr. Bass said that Mr. Kronke and lOr. Allen, the project developer, have indicated that they would
endeavor to comply with staff's rec¢mmendation for a 25 -year rain event. Unfortunately, Mr. Bass
said that a detention pond with thi$ capacity would affect the size of the development on the west
side of the site. Regarding Ms. Ward's concern about the mosquitoes, Mr. Bass said that the
detention pond is not designed to retain water for a long period of time.
In response to Ms. Ward's Concern about the road, Mr. Escobar said that staff would keep
maintaining it at the same level. He said that improvements to the road are not scheduled to be done
at this time. In response to Mr. Ke ly's question, Mr. Escobar said that the road was considered an
improved road only in that it is cowered with asphalt. Mr. Kelly asked how many additional trips
the proposed duplexes would geneilate. Mr. Gunning responded that it would be approximately 20
trips and that the road was capable of handling this amount of traffic. Mr. Kelly asked Mr. Escobar
if his department had reviewed the report from Bass & Welch and Randy Thompson regarding the
drainage. Mr. Escobar said that staff had reviewed the report and, as Mr. Bass had mentioned
previously, recommended that the size of the detention pond be increased to be able to contain a
25 -year rain event, with the discharge limited to a five-year rain event rate. With these changes, Mr.
Escobar said that he was comfortable that the engineers' recommendations would achieve the
objectives stated.
Minutes - Regular Council Meeting
April 29, 2003 - Page 6
In addition, Mr. Kelly com4-tented that the lack of infrastructure on Leopard Street around
Clarkwood and FM 624 is inhibiting the ability to develop the available land, which he said was
prime real estate. He commended Mr. Kronke for his efforts to improve the infrastructure,
consequently increasing the cost of his development. He asked if storm water drainage
improvements for Violet Road wo Id be included as part of the next bond project. Mr. Escobar
replied that Violet Road is consid red to be under the jurisdiction of the Texas Department of
Transportation (TXDOT) and th s is not being considered for any short-term or long-term
improvements at this time. Additi.nally, the drainage area on the property is considered a natural
drainage area and is not maintaineby the city.
A motion was made, secon ed and passed to close the public hearing. Mr. Chapa advised
the Council that they had three opti ns on which to vote - the new applicant request, staff's original
recommendation and the planning c . mmission's original recommendation. A motion was made and
passed to amend the original ordina ces submitted for council consideration in prior weeks to reflect
the new applicant request. Mr. Chpa polled the council for their votes as follows:
14. ORDINANCE NO. 02527
Amending the Zoning Ordi ance upon application by Harold Kronke by changing the zoning
map in reference to 2.720 res out of Block 7 and 8, Shell Road Poultry Acres, from "R-
IB" One -family Dwelling istrict to `B-1" Neighborhood Business District on Tract 1,
being 1.71 acres and a "R- B"/SP One -family Dwelling District with a Special Permit for
three (3) duplexes on Tract being 1.01 acres; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing motion was passed with the following votes:
Neal, Chesney, Colmenero Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye";
Scott abstained.
•
46
raa,t 1, and appiovthe`B-4"D;sti id On 1.71 aa.1w ut Batt 1. Yfact2-Apiny va
•
ORDIi E
f Blo1,h 7 and 8, S1,cll Ruad Poultry Ac1Cs, f1en1 "R-
an to aw..,ou«t Luer any J%4mat,Ou5 tion, the eAIstl lg c Hart
E
Minutes - Regular Council Meeting
April 29, 2003 - Page 7
p u,rcic
Stn t n++
aii.cudwg the (.,ontpichci
umpiti.hv iu ivc Plain.
i%C 1'ldu to d�cOuid !b any
viu the g
Mayor Neal referred to the presentations on the day's agenda. The first presentation was
Item 15 regarding the upcoming c anges to the International Residential Code (IRC) for one and
two family dwellings. Art Sosa, cting Director of Development Services, said that the city has
been working with the Texas Dep rtment of Insurance (TDI) since 2001 to make the necessary
preparations to adopt the IRC. He sid that this adoption will coincide with the adoption of the IRC
by the Texas Department of Insura ce as a residential code to qualify residential structures for the
state pool of wind storm insurance also known as the CATPOOL.
Mr. Sosa reviewed the chro ology of events since 1999 leading to the current adoption. He
cited several reasons for adopting t e 2003 IRC. First, he said that the 2003 International Codes are
currently available. Second, he sa d that the adoption of the 2003 IRC would result in the lowest
possible insurance premiums for th city. Third, Mr. Sosa reported that Senate Bill 365 requires the
adoption of the 2000 IRC ratings. F nally, he said that pending House Bill 986 requires the adoption
of the 2003 IRC.
Mr. Sosa spoke about the significant changes that would take place as a result of the adoption
of the 2003 IRC. He spoke abou significant changes in Chapter 1 Administration, Chapter 3
Building Planning, Chapter 4 Foundations, Chapter 6 Wall Construction, Chapter 9 Roof
Assemblies, Chapter 11 Energy Efficiency, Chapter 33 through 42 Electrical Circuits, and Chapter
43 Referenced Standards. To concl}ide, Mr. Sosa said that staff was recommending that the Council
adopt the 2003 IRC with the Texas revisions with a target date of June 24, 2003. He then briefly
reviewed the various issues concerting builders.
Mayor Neal asked if, after he adoption of the 2003 IRC in June, a homeowner would be
required to submit a WPI -1 applica ion if they were to replace a broken window in their home. Mr.
Sosa said that the new glass requirements for our area mandate that a stronger form of glass be used
so a WPI- 1 would need to be submi(ted. Mayor Neal asked if the homeowner in the above scenario
did not obtain a WPI -1, then would the home no longer meet the windstorm requirements. Mr. Sosa
responded affirmatively. Mayor Neal said that as he understood it, the installation of a new roof,
any remodeling, the installation of an air-conditioning unit, and the replacement of glass in a home
would now require a WPI -1 application, a significant change. He said that a WPI -1 form is what
designates a home as insurable. Mayor Neal said that this change is significant because many people
in the city like to make their own repairs to their homes. He said that a major public information
campaign would need to be organized to educate the public.
Mayor Neal asked who would make the inspections once the IRC was adopted. Mr. Sosa
said that engineers would continue to make the inspections because municipal inspectors are still
not authorized. Mayor Neal asked if the city inspects every new dwelling. Mr. Sosa replied that the
city inspects every new dwelling that has a permit.
Minutes - Regular Council Meeting
April 29, 2003 - Page 8
Council Member Colmene
current construction. Mr. Sosa sai
impediment. Mr. Colmenero aske
future remodeling. Mr. Sosa said
Texas Department of Windstorm I
to have that effect. Mr. Colmene
conduct the increased number of in
information campaign would be ne
1
Council Member Scott ask
would be affected. Mr. Sosa sai
Association endorsed the adoption
Director of the Builders Associati
1
o asked what impact the 2003 IRC adoption would have on
that he did not feel that the builders see the code adoption as an
if the adoption of the code would have a negative effect on
hat the same prediction was made when the city adopted the
urance Association (TWIA) code in 1999, but it did not appear
o expressed his concern that the city had insufficient staff to
pections required by the new criteria. He also said that a public
d to inform the public.
1
d if construction work in progress that was already permitted
it would not be affected. Mr. Scott asked if the Builders
f the code. Mr. Sosa replied that Becky Dumphrey, Executive
said that the association supported the changes.
1
Council Member Noyola a.ked if building supply stores had the newly required items in
stock. Mr. Sosa said that they sho Id have the items in stock but it was the buyer's responsibility
to ask if they were buying the co -ct item. Council Member Cooper asked if the Council could
amend the code. Mr. Sosa replied hat Council can amend the code but it may dilute the law. He
said that the goal of the new code i, to build strong houses that are insurable.
The second presentation w
s item 16, the eighth Bond Issue 2000 quarterly report. Mr.
Angel Escobar, City Engineer, reported that of the five Public Health and Safety projects, one has
been completed (Health Department Roof Repair) and two have been awarded to replacement
contractors and are in the processl of obtaining bonds and insurance (Fire Station ADA/Co-ed
Improvements and Mustang Island Fire ). One has resumed construction with a general contractor
(Animal Shelter and Vector Control Facility) and one is currently involved in negotiations for site
selection (Public Safety Training Pacility). Mr. Escobar noted that three of the public health and
safety projects were subject to contract termination due to non-performance, but that all three
projects have now been awarded td replacement contractors.
Mr. Escobar reported that off the thirty-two Park and Recreation Department projects, twenty-
six have been completed, one is pending punch list items and five are under construction. He noted
that the lighting projects in parks had come in under budget, so the savings were being used to light
three additional fields. He comm*nted that Greenwood Senior Center was two months behind
schedule but should be finished within the next two weeks. Finally, of the thirty Street Improvement
projects, two projects have been completed, five are near completion, twelve are under construction
and two are being advertised to rdceive bids under one contract. Mr. Escobar reported that the
Woodlawn, Alameda, Birmingham and Lyons projects will be finished within the next 30 days.
Council Member Kinnison noted that the street lighting project had also achieved approximately
$150,000 in savings. He asked how staff prioritized the projects to benefit from the savings. Mr.
Escobar replied that existing areas with inadequate lighting were the first priority.
Mr. Escobar reported that the arena project is on schedule and is targeted for completion by
the end of Summer 2004. The seawall project is well underway, with Phase 1 almost complete and
award of the second design contract completed.
In conclusion, Mr. Escobar said that the city currently had $205 million in construction for
Minutes - Regular Council Meeting
April 29, 2003 - Page 9
a total of 83 city projects. Of these $3 projects, 43 projects are being partly overseen by consultants
with construction management firms because the city's inspectors have reached a maximum
workload. Council Member Ches ey noted that of the 44 general bond obligation construction
contracts, ten were awarded to o t -of -town contractors and thirty-four were awarded to local
contractors. He asked Mr. Escobar by ten contracts were awarded to out-of-town contractors. Mr.
Escobar replied that the local markt, especially for paving contractors, is saturated with projects.
He said that Salinas Construction, a inority contractor from Pleasanton, TX, has four projects with
the city.
Council Member Scott com
problems with ADA accessibilit
improvements to the seawall from
portion of the project, the contr.
accessibility incorporated into the
sidewalk, all 20 feet, will be made
and soften the slope between the st
ented that he had received a call from a constituent regarding
along the seawall. Mr. Escobar replied that sidewalk
the barge dock to Power Street were about to begin. In that
tor is going to add an extra -width parking lane for ADA
sidewalk improvement. In addition, he said that the entire
DA accessible by being re -graded to even out the curb height
eet and the sidewalk.
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda and opened discussion on Item 20 on the regular
agenda regarding a resolution in support of encouraging the Texas Legislature to allow San Patricio
to appoint a commissioner to the Port of Corpus Christi Authority. Mayor Neal noted that a similar
resolution was being supported by he Nueces County Commissioners Court. The result would be
three commissioners by the city, three by the county and one appointed by San Patricio County.
There were no comments from the audience. Mr. Kinnison asked if San Patricio County had to vote
to give them taxing authority like Nueces County. Mayor Neal responded affirmatively. Council
Member Scott commented that thin resolution would demonstrate that the city and the county had
reached a consensus on this matter. In response to Mr. Colmenero' s question, Mayor Neal said that
the effective date for the change wopld be January 1, 2004. City Secretary Chapa polled the Council
for their votes as follows:
20. RESOLUTION NO. 0252715
Resolution encouraging thTexas Legislature to allow San Patricio County to appoint a
Commissioner to the Port Of Corpus Christi Authority.
The foregoing resolution passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kirtnison, Noyola and Scott, voting "Aye".
Mayor Neal deviated from the agenda and opened discussion on Item 18 regarding the
proposed Phase I Improvement for the Louisiana Parkway Master Plan. Mr. Dan Whitworth,
Director of Park and Recreation, said that a community group named Revitaliziana Inc. was
interested in implementing an Adopt -a -Park project to improve Louisiana Parkway. He said that
the group, working in conjunction with Beautify Corpus Christi and the Friends of the Parks, has
developed a proposal for substantial improvements along the entire length of the parkway. Phase
I of the project would make improvements to grading, a granite trail along the parkway, irrigation
for a substantial tree planting program, landscaping and maintenance for two years. He said that the
Minutes - Regular Council Meeting
April 29, 2003 - Page 10
scope of this Adopt -a -Park project is the first of its kind in Corpus Christi. The cost of Phase I
improvements would be approximately $600,000. He said that the group would sign what staff
would hope to become a "model" Adopt -a -Park contract, stipulating that no work could begin until
the funds are collected and with a imeline of three to five years for completion. There were no
comments from the public.
Council Member Chesney s
about the funding alternatives the
was looking at non -city funding so
oke in support of the project. Council Member Kinnison asked
roup was investigating. Mr. Whitworth replied that the group
ces. Mr. Kinnison asked if state grants were being considered.
Mr. Whitworth responded that the group was considering applying for Texas Park and Wildlife
grants if they were available. Mr. • innison cautioned that if the city was to sponsor a grant for the
group, he would hope that a situatio would not arise where grant requests would be in competition
with each other. Mr. Whitworth id that this could be a factor and that staff would be sure to
prioritize the requests. Council ember Cooper commended the group for their effort. Mr.
Whitworth said that staff is attempt ng to compile some guidelines for community groups to assist
them in the process. City Secreta Chapa polled the council for their votes as follows:
18. MOTION NO. 2003-165
Motion approving the proposed Phase I Improvement for the Louisiana Parkway Master
Plan.
The foregoing motion passeld with the following vote: Neal, Chesney, Colmenero, Cooper,
Garrett, Kelly, Kinnison, Nbyola and Scott, voting "Aye".
Mayor Neal opened discus ion on item 17 regarding the General Fund five-year financial
forecast. City Manager Noe said tat this two-part item initiates the annual budget process. Mr.
Mark McDaniel, Director of Mana4ement and Budget, explained that the first part of this item was
a presentation on the General Fundi five-year forecast and the second part would involve adopting
and amending the financial polices. First, Mr. McDaniel spoke about the financial forecast
assumptions related to revenues. e said that property tax revenues are being set at 3% annual
growth, which is conservative because the rate is usually a bit higher than this. Sales tax revenues
are also set at 3%. He said that most of the other revenue growth has grown at 2%. For
expenditures, Mr. McDaniel said that staff is programming the salary adjustments related to the
compensation plan implementation into the forecast each year. He said that health insurance
premiums are predicted to increase an average of 10% each year. He reviewed the regular capital
items and new capital items. Finally, he reviewed other expenditure items including re-engineering
and program costs for full year. Pending items that are not accounted for include operation and
maintenance costs related to Bond 2004 projects and the landfill expansion/development options.
Mr. McDaniel reported that the estimated unreserved fund balance for FY 2003-04 was $10.9
million. The adjustment to balance is estimated to be $2.9 million and the anticipated budget surplus
is $900,000. He said that staff is working on presenting the council with a balanced budget. Mr.
Noe commented that a past criticism of the financial forecast was that it included unrealistic
assumptions, such as no changes in salary. He said that staff was endeavoring to present a more
realistic picture at this time. He said that salaries drive the costs in the budget. Salary adjustments
like the compensation plan implementation and the four-year contract with police will create
Minutes - Regular Council Meeting
April 29, 2003 - Page 11
shortfalls in the budget. He said, hcwever, that at least in the first two years, the numbers are small
enough to be compensated for in the budget. In Years 3 through 5, he said the numbers become
larger and will become a challenge tb address. He said that this commitment to improving the salary
structure for employees was not inc uded in prior forecasts. In response to Mr. Scott's question, Mr.
McDaniel said that the adjustmentto the budget may need to be made on the revenue side, not
expenditures.
Council Member Scott com ented that the 3% growth rate was conservative but statewide,
other cities are in much worse shap-. Mr. Noe agreed but said that if growth continues at that rate
in the long run, it is not enough gr.wth to make the budget balance.
Mr. McDaniel reviewed thr budget calendar for FY 2003-04. He said that the budget is
scheduled to be adopted on July 22 He then reported on the proposed financial policies. He said
that the financial policies previous y adopted by the council were partly responsible for the bond
rating improvements that the city has seen recently. New sections of the policies include an
operating contingency of $200,001, multi-year financial forecasting, quarterly financial reporting
and monitoring, the use ofnonrecu ing revenue, debt affordability review, debt retirement practices
and capital improvement plans/fun. ing. Mr. McDaniel said that many of these practices are already
being practiced by the city but are ow being formalized.
Mr. Kinnison asked about t e status of the industrial district payments timeline. Mr. Noe
said that staff is cautiously optimist c that they will bring this before the council soon. Mr. Kinnison
commented that staff had not includ d the operation and maintenance costs associated with the Bond
2004 package, the Parks Master 131 and the ADA project list. He said that staff will have to make
tough decisions this year to prevent roblems later in the budget. Finally, Mr. Kinnison commended
staff for revising the financial polies. He said that although staff has been practicing the new
elements in the policies for some ti e, it is very beneficial to have them formally integrated into the
policies because ratings agencies r view them. There was no comment from the public.
Mr. Chapa polled the Council for their votes as follows:
17.b. RESOLUTION NO. 02528B
Resolution reaffirming and mending financial policies adopted by Resolution No. 023319
and providing a policy to ataintain the fund balance for the General Fund at an adequate
level.
The foregoing resolution was passed with the following vote: Neal, Chesney, Colmenero,
Kelly, Kinnison, Noyola arid Scott, voting "Aye"; Cooper and Garrett were absent.
Mayor Neal opened discussion on item 19 regarding the recommended FY 2004-06
Transportation Improvement Progr$m (TIP) of the Metropolitan Planning Organization. Mr. Angel
Escobar said that this item finalizes the recommendations to the Policy Committee for the FY 2004-
06 TIP. Mayor Neal emphasized that the projects are not executed unless a sponsor with the
necessary funding is found. He said that there is no guarantee that the projects on the long-term list
will ever begin construction unless a sponsor is found. He said that some of the funds may be
allocated from the Bond 2004 but the Council had to be very careful to prioritize those projects.
There was no comment from the public. Mr. Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
April 29, 2003 - Page 12
19. RESOLUTION NO. 02529
Resolution endorsing the recommended FY2004-2006 Transportation Improvement Program
(TIP) of the Metropolitan Panning Organization.
The foregoing resolution w s passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Ki ison, Noyola and Scott, voting "Aye".
Mayor Neal called for peti
and Recreation Department and Se
citizens on April 25. Ms. Doris
Whataburger Way and Parkdale PI
for supporting the Port resolution.
city and the county and true interg
ons from the audience. Mr. Phil Rosenstein thanked the Park
for Community Services for the luau they organized for senior
lin, 4605 Mildred, spoke regarding poor drainage near One
za. County Commissioner Chuck Cazalas thanked the Council
e commented that it demonstrated the consensus between the
vernmental cooperation.
Mayor Neal announced the }executive sessions, which were listed on the agenda as follows:
21. Executive session under Teas Government Code Section 551.071 regarding Mylett v. City
of Corpus Christi, et al, Ca e No. 01-5041-D, 105th District Court, Nueces County, Texas,
with possible discussion and action in open session.
22. Executive session under Te4cas Government Code Section 551.071 regarding Mylett v. City
of Corpus Christi, et al, Civil Action No. C-02-239, U. S. District Court, Southern District
Of Texas, Corpus Christi Division, with possible discussion and action in open session.
23. Executive session under Texas Government Code Section 551.071 regarding Esmeralda
Cantu Gavlik v. Albert Garcia and City of Corpus Christi; Cause No. 02-61406-2; In the
County Court at Law No. 2 Nueces County, Texas, with possible discussion and action in
open session.
24. Executive session under Teas Government Code Section 551.071 regarding Second Baptist
Church of Corpus Christi v. City of Corpus Christi, No. 00-6895-A, 28th District Court,
Nueces County, Texas, with possible discussion and action in open session.
The Council went into executive session.
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The Council returned from executive session. Mayor Neal called for the City Manager's
report. Mr. Noe reported that tomorrow morning, the finalists for the All-American City Awards
would be announced. He reported that the notice of intent to publish bids for Packery Channel is
now in the Commerce Business Daily. Bid documents will be available for bidders on May 20 and
Minutes - Regular Council Meeting
April 29, 2003 - Page 13
bid opening is scheduled for July 1 with tentative bid award date of July 15. He said that the
Council Retreat is scheduled for M: y 6 from 8:30 a.m. to 3:00 p.m. at the Museum of Science and
History. On May 13, the Council tr: ditionally has its public hearing on CDBG Annual Action Plan
at 6:00 p.m. The Council will alsbe meeting with the R.T.A. for a joint meeting on that date.
Additional items on the agenda inc de a discussion on the 4A board budget, a resolution related to
Garwood water rights and the golf ourse implementation plan.
Mayor Neal called for Cou
that the town hall meeting for Ma
Member Cooper and Council Me
meeting on May 7 at 5:30 p.m. on
the Audit Committee headed by Co
meeting with Mayor Neal later to
it concerns and reports. Council Member Chesney announced
5 at Schanen Elementary would be hosted by him, Council
ber Garrett. He said that the Friends of the Park would be
e Sixth Floor. He asked Mayor Neal for more information on
ncil Member Kinnison. Mr. Kinnison replied that he would be
iscuss the committee's goals.
Council Member Noyola p id his respects to Dr. Xico Garcia, who had passed away. He
offered his condolences to his famOly.
Council Member Colmene4o also paid his respects to Dr. Xico Garcia. He asked staff to
investigate a complaint about curb huts by a business near Padre Staples Mall which were limiting
access to the business site. He also asked staff to investigate constituent concerns about possible
mold stains on the amphitheater by Cole Park. He commented on the improvements to Channel 20
and asked Mr. Chapa if more information and sound were going to be added. Mr. Chapa responded
affirmatively. Finally, he said that he was going to forward information from the Mexican consul
in San Antonio regarding a plan for issuing identification cards for Mexican nationals.
Council Member Kelly asked for a status on a previous situation involving some pit bulls
on Violet Road that were removed and then returned to their owners subject to numerous
restrictions. He said that the restrictions were consistently being violated and asked what steps staff
was taking to address the situation. Dr. Ardys Boostrom, Acting Director of Public Health, said that
a video tape had been forwarded to the Legal department. She said the department was holding
administrative hearings to deal with the owners of animals that inflicted bites on other animals or
humans or were involved in animal killings. In response to Mr. Kelly, Dr. Boostrom said that the
order specified that if the animals had violated the set restrictions, the animals would be picked up,
another hearing scheduled and/or outhanized.
Council Member Cooper asked who was monitoring the removal of the houses on McArdle
Road because she did not see any police officers present. Mr. Escobar replied that the Engineering
Department is handling the removal but police officers are required to be present by permit. He said
he would look into the matter. Mayor Neal announced that on Sunday, May 4, a tribute to
Congressman Solomon Ortiz on board the U.S.S. Lexington sponsored our local military
installations to show their appreciation for his efforts.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 6:54 p.m. on April 29, 2003.
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