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HomeMy WebLinkAboutMinutes City Council - 11/11/2003I 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 November 11, 2003, which were approved by the City Council on December 9, 2003. WITNESSETH MY HAND AND SEAL, this the 9th day of December 2003. AP'atqfp--- Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 11, 2003 - 1:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney Council Members: Javier D. Colmenero Melody Cooper Henry Garrett 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 meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Scott and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of October 28, 2003. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Arts & Cultural Commission Linda Avila (Reappointed) James Jones (Reappointed) Lynda Jones (Reappointed) Daiquiri Richard (Reappointed) DeAnn Gould -Lancaster (Appointed) Diane LaRue (Appointed) Karen Middleton (Appointed) Gustavo Valadez Ortiz (Appointed) Marilyn Spencer (Appointed) Rose Zuniga (Appointed) Citizens Advisory Health Board Amanda Stukenberg (Reappointed) Committee for Persons with Disabilities Brian Watson (Appointed) Ethics Commission Harlan R. Heitkamp (Appointed) Human Relations Commission Dr. Clifton Baldwin (Appointed) Theresa Holder (Appointed) Library Board Reynaldo Rodriguez (Reappointed) Charles Burnes (Reappointed) Dr. C. Thomas Cron (Reappointed) Treva Bedwell (Reappointed) Barbara Silverman (Appointed) Port of Corpus Christi Authority Ruben Bonilla Jr. (Reappointed) * * * * * * * * * Minutes - Regular Council Meeting November 11, 2003 - Page 2 Mayor Neal called for consideration of the consent agenda (Items 3-20). Council members requested that Items 5, 14 and 16 be discussed. There were no comments from the audience. A motion was made and passed to approve Items 3 through 20, constituting the consent agenda, except for Items 5, 14 and 16, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2003-395 Motion approving a supply agreement with Wilson Supply, of Houston, Texas for approximately 26,000 feet of steel pipe ranging in size from 1 inch to 8 inches, in accordance with Bid Invitation No. BI -0004-04, based on low bid for an estimated semi-annual expenditure of $84,594. The pipe is used by the Gas Department. The term of the contract will be for six months with an option to extend for up to four additional six-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 4. MOTION NO. 2003-396 Motion approving a supply agreement with Casco Industries, Inc., of Pasadena, Texas for firefighting clothing consisting of seventy-six sets of pants and coats, based on sole source, for an estimated annual expenditure of $68,020. 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 City Manager or his designee. Funds have been budgeted by the Fire Department in FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 6. MOTION NO. 2003-397 Motion authorizing the City Manager or his designee to execute a consultant contract with Martinez, Guy & Maybik, Inc., of Corpus Christi, Texas in the amount not to exceed $152,993 for the Water Main Improvements along Elizabeth Street andl9th Street. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 11, 2003 - Page 3 7. MOTION NO. 2003-398 Motion authorizing the City Manager or his designee to execute a construction contract with H & G Contractors, of Corpus Christi, Texas in the amount of $2,388,102.98 for the Yorktown Boulevard (Lake Travis Drive to Weber Road) Improvement Project. (BOND ISSUE 2000) The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 8. MOTION NO. 2003-399 Motion authorizing the City Manager or his designee to execute a consultant contract with HNP, Inc., of Corpus Christi, Texas in an amount not to exceed $97,930 for the Wastewater Lift Station located at Cimarron and Lens. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9. MOTION NO. 2003-4000 Motion authorizing the City Manager or his designee to execute a consultant contract with Arcadis G & M, Inc., of Corpus Christi, Texas for a total fee not to exceed $308,620 for the McBride Lift Station and Force Main. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 10. RESOLUTION NO. 025547 Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main Project, Phases 4,4a, and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 11, 2003 - Page 4 11.a. ORDINANCE NO. 025548 Ordinance appropriating $60,000 from unappropriated settlement proceeds in the No. 3160 City Hall Capital Improvement Program Fund to provide funding for architectural services for the City Hall Renovation, Phase 1 Project; and amending the FY 2002-2003 Capital Budget adopted by Ordinance 025144 to increase appropriations by $60,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 11.b. MOTION NO. 2003-401 Motion authorizing the City Manager or his designee to execute an architectural services contract with Dykemas Architects, Inc., of Corpus Christi, Texas in an amount not to exceed $60,000 for City Hall Renovation, Phase I Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 12. ORDINANCE NO. 025549 Ordinance appropriating $255,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State FY 2003-2004 program income to fund environmental health, laboratory, and nursing services for the period of September 1, 2003 through August 31, 2004. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 13.a. MOTION NO. 2003-402 Motion authorizing the City Manager or his designee to accept a $1,000 grant from the Coastal Bend Alliance for Youth (CBAY) to be used toward counseling for youth receiving case management services and for fundraising efforts to provide services to youth served by the Juvenile Assessment Center. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 11, 2003 - Page 5 13.b. ORDINANCE NO. 025550 Ordinance appropriating a grant in the amount of $1,000 from the Coastal Bend Alliance for Youth in the No. 1067 Park and Recreation Grants Fund for youth services provided by the Juvenile Assessment Center. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 15. RESOLUTION NO. 025552 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department Pump Out Program in the amount of $11,000 for the purchase of a portable boat sewage pump out unit with a city match of $2,750 in the No. 4700 Marina Fund, for a total project cost of $13,750. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17.a. MOTION NO. 2003-404 Motion authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of the Corpus Christi Public Libraries which provides the City with a gift of $54,000 for the expansion and remodeling of the Mary and Jeff Bell Children's Library at the Central Library. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 17.b. ORDINANCE NO. 025554 Ordinance appropriating $54,000 from the Friends of the Public Libraries in the No. 3210 Library Capital Improvement Program Fund for improvements to the Mary and Jeff Bell Children's Library at the Central Library; and amending the Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $54,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 11, 2003 - Page 6 18.a. RESOLUTION NO. 025555 Resolution authorizing participation in the Texas Term Local Government Investment Portfolio, a Public Funds Investment Pool and designating authorized representatives. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 18.b. RESOLUTION NO. 025556 Resolution authorizing participation in Texas Short Term Asset Reserve Program (TEXSTAR), a Local Government Investment Pool and designating authorized representatives. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 18.c. RESOLUTION NO. 025557 Resolution amending the City Investment Policy to provide the maximum amount that may be invested in Local Government Investment Pools and adopting the investment policy as amended. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 19. RESOLUTION NO. 025558 Resolution supporting the development of the La Quinta Trade Gateway Container Terminal by the Port of Corpus Christi Authority. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 20. Ordinance amending Section 33-79, Code of Ordinances, City of Corpus Christi, regarding entering or remaining on City premises with a firearm; and providing for penalties. The foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". (NOTE: This item will return for a second reading on November 18, 2003) Mayor Neal opened discussion on Item 5 regarding improvements to the Gabe Lozano and Oso Golf Courses. Council Member Kelly asked for more information on the extent of the improvements. City Manager Noe replied that these improvements were consistent with the plan the Council had viewed before. He said the improvements were basic upgrades to the existing courses. He said the work did not include any reconfigurations or additional holes. Mr. David Ondrias, Acting Director of Park and Recreation, added that the funds would be used to make Minutes - Regular Council Meeting November 11, 2003 - Page 7 significant irrigation improvements to the Gabe Lozano Golf Course, including the replacement of the pumping system. In addition, the pumping system at Oso Golf Course was also going to be replaced. He said these improvements alone were approximately $500,000. Council Member Kelly asked if the funding for any reconfigurations or additional holes would be included as part of a bond election. City Manager Noe answered affirmatively. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 025546 Ordinance appropriating $733,900 from the reserve for Golf Course Design in the No. 4690 Golf Fund for improvements to Gabe Lozano, Sr. and the Oso Beach Municipal Golf Courses; and amending the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 to increase appropriations by $733,900. An emergency was declared, and the foregoing ordinance was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott was absent. Mayor Neal opened discussion on Item 14 regarding a grant to build a boat ramp in Cooper's Alley L -Head. Council Member Cooper asked staff to describe the project in more detail and to provide more information on the funding sources. Mr. Ondrias answered that the Texas Parks and Wildlife were providing $500,000 through a grant program. He said the $250,000 local match for this grant was being funded with seawall project funds. City Engineer Angel Escobar said the existing boat ramp in the Cooper's Alley L -Head was not optimally located for the prevailing winds. He said the proposed project would relocated the ramps on the opposite end of the L -Head, in the northwest corner. He said the proposed project would increase the number of lanes in the boat ramp from two to three. Council Member Garrett asked if there were plans to remove the area where repairs are currently being done and create a parking area for boat owners. Mr. Escobar answered affirmatively, saying that the parking area would be relocated to the eastern side of the L -Head to make it more accessible to the boat ramp and the filling station. City Secretary Chapa polled the Council for their votes as follows: 14. RESOLUTION NO. 025551 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $500,000 for the construction of a new three lane boat ramp in the northwest corner of the Cooper's Alley L -Head; with a City match of $250,000 in the No. 3270 Seawall Capital Improvement Program Fund for a total project cost of $750,000. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 16 regarding a gift to the Northwest Branch Library from Walmart and the Grand Aerie Fraternal Order of Eagles. Council Member Kelly recognized Walmart and the Fraternal Order of Eagles for their generosity in making the donations to the Minutes - Regular Council Meeting November 11, 2003 - Page 8 Northwest Branch Library for library materials. City Secretary Chapa polled the Council for their votes as follows: 16.a. MOTION NO. 2003-403 Motion authorizing the City Manager or his designee to accept gifts totaling $1,300 from Walmart and the Grand Aerie Fraternal Order of Eagles. The funds will be used at the Northwest Branch Library to purchase library materials, particularly audio tapes and CD's for the elderly and vision impaired. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 16.b. ORDINANCE NO. 025553 Ordinance appropriating a $1,000 gift from Walmart and a $300 gift from Grand Aerie Fraternal Order of Eagles in the No. 4720 Community Enrichment Fund to purchase library materials for the elderly and vision impaired; and amending the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 to increase appropriations by $1,300. An emergency was declared, and the foregoing ordinance was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal adjourned the regular meeting to hold the North Padre Island Development Corporation meeting. ************* Mayor Neal adjourned the North Padre Island Development (NPID)Corporation Meeting and called the regular meeting back into session. Mayor Neal recognized Nueces County Commissioner Chuck Cazalas, who was in the audience, and asked him if he would like to comment. Commissioner Cazalas spoke in support of the Packery Channel project and thanked the Council for their efforts. Mayor Neal opened discussion on Item 22 regarding a resolution by the NPID Corporation to authorized the issuance of bonds. City Manager Noe explained that this item would authorized the issuance of bonds by the corporation. Mr. Jeff Leuschell, Bond Counsel, commented that this action was required under the organizational documents that the Council had approved when they created the NPID Corporation. He said it simply followed the format of the last transaction earlier this year where the Council authorized and approved the corporation's action and the expenditure of the monies for the project in connection with Packery Channel. There was no public comment. Minutes - Regular Council Meeting November 11, 2003 - Page 9 City Secretary Chapa polled the Council for their votes as follows: 22. RESOLUTION NO. 025559 Resolution approving the resolution by the North Padre Island Development Corporation authorizing the issuance of Series 2003A Bonds in an aggregate principal amount not to exceed $2,500,000. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Kinnison, Noyola and Scott, voting "Aye"; Garrett and Kelly abstained. Mayor Neal opened discussion on Item 23 regarding the baseball stadium. City Manager Noe explained that staff had advertised and received bids for the demolition of the stadium site. He said the bids had come in substantially under budget. He thanked the Port of Corpus Christi staff for their assistance in the preparation of the documents needed. He said the demolition would begin after January 1, 2004 to meet the deadline to begin the construction of the stadium in March or April 2004. He concluded that staff was recommending award of the contract to the low bidder. Council Member Chesney asked if RFPs were sent out to local bidders as well. Mr. Kevin Stowers, Assistant Director of Engineering Services, replied that all of the local bidders that do this type of work did bid on the project. Mr. Noe added that the bid tabulation included one local bidder, A-1 Contracting. Mr. Scott noted that A-1 Contracting's bid was significantly higher than the low bid. Mr. Chesney asked why the city had to use the competitive bid method for finding the demolition contractor. Mr. Stowers replied that due to time constraints, the competitive bid method was the most expedient option available. He said there were other methods available, such as the Construction Manager At Risk, where criteria other than price could be considered, but they required more lead time. Mr. Chesney cautioned that he did not want to see all of the remaining contracts for the baseball stadium awarded on low bid. Mr. Stowers replied that the stadium construction would use the Construction Manager At Risk method, which meant that a variety of factors would be considered besides price. Mr. Chesney asked for a copy of the law which dictated when low bids were required. Council Member Scott asked how much the demolition costs were estimated to be during negotiations. City Manager Noe replied that the Port had offered to do the demolition for $1.5 million, but staff had declined the offer. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2003-405 Motion authorizing the City Manager or his designee to execute a demolition contract with Cherry Demolition Company, of Houston, Texas in an amount not to exceed $466,000 for demolition of compress units 1,2, and 3 for stadium construction, subject to approval of an agreement with the Port of Corpus Christi Authority to purchase the property. The foregoing motion was passed and approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting November 11, 2003 - Page 10 * * * * * * * * * * * * * Mayor Neal deviated from the agenda and referred to Item 26, a presentation on the Airport Terminal Reconstruction Projects and Air Service Efforts. Assistant City Manager Jorge Cruz-Aedo reported that the airport had several projects underway over the last 18 months, including the following: Commercial Apron - Phase 1; Commercial Apron - Phase 2; Automated Lighting Control System; Terminal Reconstruction; Jetbridge Acquisition and Installation; Parking Lot/Roadway Phase 1; Roadway Phase 2; TxDot Grant for SH -44 at International Drive; Tower Demolition; and Covered Parking Lot. Regarding the Commercial Apron - Phase 1 project, Mr. Cruz-Aedo said the total project cost was $1,275,229. He said the project enlarged the commercial apron, added two paved roads on the airfield, and addressed a number of drainage issues. Mr. Cruz-Aedo reported that 90 percent of the project was funded by a federal grant. He said the project was complete and the apron was in use. Regarding the Commercial Apron - Phase 2 project, Mr. Cruz-Aedo reported the total project cost was $2,027,163, 90 percent of which was funded by the federal government. He said the original low bidder was debarred, and a local company was the second lowest bidder. He explained that the project was designed to add additional concrete, replace some existing pavement, and provide new asphalt. He noted that the project was 90 percent complete, despite a number of weather delays. Mr. Cruz-Aedo said the anticipated completion date was the end of December. With regards to the Airport Lighting Control System (ALCS) project, Mr. Cruz-Aedo said the project was necessitated by FAA relocation. He said the project cost was $640,162, 90 percent of which was federally funded. He stated that the project allowed for new computerized control of all of the runway and approach lighting systems and the construction of a new rotating beacon. He said the project was complete and in use. Mr. Cruz-Aedo briefly covered the Terminal Reconstruction Project, saying that it was funded by a combination of bonds, reserves, Passenger Facility Charges (PFCs) and federal participation. He said the project was 90 percent complete. He noted that there were two remaining elements of the project which needed to be completed: Transportation Security Administration (TSA) offices (2ND floor of the terminal) and a TSA Federal Inspection Station (1" Floor). Regarding the Jetbridge Acquisition and Installation project, Mr. Cruz-Aedo reported that four Jetbridges have been installed, the fifth was delivered today and was scheduled for installation in December. He said the project was funded by a combination of P.F.C.s and federal participation. Mr. Cruz-Aedo noted that there were initial problems with the bridges that had been resolved, except for the uneven floor. He said the manufacturer's engineers were working on a solution to the problem. In reference to the Parking Lot/Roadway Phase 1 project, Mr. Cruz-Aedo reported that the project realigned the loop road. He said this project was probably the most visible project for the airport. He stated that the project was complete except for landscaping. He noted that the project increased the number of parking spaces from 877 to approximately 1,350. He said the project was Minutes - Regular Council Meeting November 11, 2003 - Page 11 funded by a combination of bonds and P.F.C.s and was scheduled for completion by the end of November. Regarding the Roadway Phase 2 project, Mr. Cruz-Aedo stated that the project included the following elements: overlay of International Drive; landscaping; and upgrading the drainage to handle a 25 -year storm event. He said the project was funded by a combination of P.F.C.s, bonds, Stormwater funds and federal participation. He stated that the project was scheduled for completion by the end of December, weather permitting. Mr. Cruz-Aedo reported on the SH -44 and International Drive Landscaping project, saying that it would completely re -landscape the intersection of SH -44 and International Drive. He said the landscaping would include irrigation and a one-year maintenance agreement after which the airport would assume maintenance responsibilities. He said the city had paid for the landscaping design and TxDot had authorized $160,000 of state funds to pay for the project. Finally, Mr. Cruz-Aedo reported on the Tower Demolition Project, which would consist of asbestos removal and demolition of the old city -owned tower building. He said the project would not begin until after construction of the TSA facilities in the new terminal building. This project will be receive 90 percent of its funding through a federal grant. He noted that the asbestos removal was estimated to be more than originally programmed. He said staff was working with the FAA to acquire more funding. Mr. Cruz-Aedo also provided a brief report on the Covered Parking Project. Mr. Cruz-Aedo reported briefly on domestic flight services. He said staff was in final negotiations with a charter service to provide non-stop service to Las Vegas, estimated to begin in March or April. He also mentioned a marketing program to encourage residents to fly out of the local airport instead of San Antonio or Houston. In reference to international service, Mr. Cruz- Aedo reported that staff was looking at establishing service to Monterrey, Mexico. He said staff had received one proposal from a carrier on October 31, 2003. The proposal including five-day a week service. He said staff would enter negotiations with the carrier in the near future. Mr. Cruz-Aedo concluded by saying that the city's airport operations were built upon the air service of its current providers. When the city solicited new services, he said staff asked current providers to participate and gave them every opportunity to propose new services. Council Member Scott thanked everyone involved in making the new airport such a success. Mayor Neal called for a brief recess to present proclamations. *******ass*** The Council returned from recess, and Mayor Neal deviated from the agenda. He referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following item: 24.a. Public hearing to consider a five-year lease with the Texas Commission on Environmental Quality (TCEQ) to site continuous air quality monitors in the Woodlawn Park and in H.J. Williams Park in consideration of TCEQ providing the air monitoring services. Assistant City Manager Ron Massey explained that the Texas Commission on Environmental Minutes - Regular Council Meeting November 11, 2003 - Page 12 Quality (TCEQ) had requested a lease to site two continuous air quality monitors on city park property near I-37. He said the monitors are two of a series of air quality monitors being funded out of a Supplemental Environmental Program grant resulting from a settlement between the Environmental Protection Agency and Flight Hills Resources. Since the best locations for the monitors were on park land, Mr. Massey said that the state required a public hearing before a lease agreement could be executed because the land was being used for non -recreational purposes. There were no comments from the audience. A motion was made, seconded and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 24.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease with the Texas Commission on Environmental Quality (TCEQ) to site continuous air quality monitors in the Woodlawn Park and in H.J. Williams Park in consideration of TCEQ providing the air monitoring services. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. * * * * * * * * * * * * * Mayor Neal referred to Item 25, a presentation on the Proposed Mustang -Padre Island Area Development Plan. Mr. Michael Gunning, Director of Planning, stated that the ultimate goal of this planning effort was to have a plan adopted by the end of the 2003 calendar year. He said a key element of the planning process was to formulate a detailed list of issues to be addressed in the plan with residents, business owners and developers on the island. He stated that the Island Stakeholders Group played a fundamental role in evaluating initial staff drafts of the plan. Mr. Gunning said staff met with the stakeholders group four times between March and September. Mr. Gunning stated that staff also went through a public hearing process, presenting the plan to the Transportation Advisory Committee, Water Shore Advisory Committee, the Park and Recreation Advisory Committee, the Nueces County Beach Management Committee and the Planning Commission. He said the Planning Commission conducted two public hearings on the plan and make recommendations on November 5. He noted that all the aforementioned boards and commissions recommended adoption of the plan with only minor revisions and amendments. Mr. Gunning stated that their suggestions were incorporated into the plan distributed to the Council today. He said a public hearing and first reading ordinance for adoption of the plan were scheduled for November 18. The second reading ordinance was scheduled for December 9. Mr. Gunning introduced Mr. Bob Payne, Senior Planner in charge of Comprehensive Planning, who would be making a brief presentation on the highlights of the plan. Mr. Payne said the plan mission statement was to assist in transforming the Mustang -Padre Island area into a world- renowned tourist, resort and residential community. Mr. Payne emphasized that there was a growing residential community in this area that needed to be balanced with the plans for tourism and Minutes - Regular Council Meeting November 11, 2003 - Page 13 economic development. Mr. Payne stated that the area boundaries for the study were the following: all land within city limits on Mustang Island; all land within the city's ETJ on Padre Island; and the JFK Causeway. He said the area geographic characteristics were as follows: approximately 48 square miles or about 10 percent of the city's area; the area is comprised of a barrier island connected to the mainland by a causeway; soil is composed mainly of sand; topography is mostly flat, except for the dunes; and area has an abundance of wetlands, tidal flats and other environmentally sensitive features. Regarding the population growth on the islands, Mr. Payne remarked that the area had grown at a rapid rate compared to the city, an average rate of 11.9 percent per year between 1990 and 2000. By comparison, the city grew at an average rate of one percent during that same time frame. Mr. Payne provided statistics on the age characteristics of area residents. He said that 16 percent of island residents were in the 0-20 age group, compared with 33 percent in the city. In the 21-64 age group, 70 percent of the island residents were in this age group, compared with 56 percent in the city. Finally, 14 percent of island residents were in the 65+ age group, compared with 11 percent citywide. Mr. Payne noted that the median income in the area was $60,200, compared with $36,400 citywide. Mr. Payne also provided statistics on the housing market on the island. He said the median home value on Padre Island was $216,000 and on Mustang Island was $154,000. By comparison, he said the city's median home value was $70,000. Mr. Payne added that the average value of a home citywide was $100,000, while the average home value on the islands was approximately $200,000. Mr. Payne briefly discussed a number of highlights in the plan in the areas of environment, future land use, urban design, transportation, dune protection and public services. Regarding the environment, he mentioned the following highlights: approximately 62 percent of the area is publicly held and cannot be developed, and the remaining land met federal, state and county requirements to allow development; Site Plan Review; encourage cluster development to induce voluntary protection of wetlands; and encourage water exchange to ensure high water quality especially between Padre Isles and Gulf waters. Regarding the area of future land use, Mr. Payne stated that future land use patterns will support the following: commercial activities at locations with good access and high visibility; compatible configuration of activities, including the protection of residential activities from incompatible activities and identification of environmentally sensitive areas that should be preserved; higher intensity activities at major arterial intersections; medium and lower intensity activities at the arterial/collector or local street intersections; prohibit industrial uses on the islands, except for gas/petroleum extraction as allowable by law; and place utilities underground wherever practical. Mr. Payne stated that urban design and architectural controls will be required within designated "Gateway Corridors", namely Park Rd. 22 and State Hwy. 361 on Padre Island. No architectural controls were currently recommended for Mustang Island. Mr. Payne stated that the urban design elements would be comprised of the following items: restriction prohibiting metal Minutes - Regular Council Meeting November 11, 2003 - Page 14 buildings - allow masonry, stucco, brick, wood, stone or pre -case concrete panel construction; pedestrian amenities; stricter signage controls; color guidelines; architectural controls; and increased landscaping requirements. Council Member Scott asked if the island could be developed similarly to major developments in Port Aransas. Mr. Payne answered affirmatively, saying that the plan was geared toward promoting the economic development of the community. City Manager Noe added that staff's plan was to take an area that was difficult to develop and give developers the flexibility they needed to create a proposal that worked for them. Regarding transportation, Mr. Payne discussed the following issues raised by residents and stakeholders: increase the elevation of streets intersecting Park Road 22 and State Highway 361; intersection improvements at the intersection of Encantada and Park Road 22; pedestrian access enhancements at signalized intersections of Park Road 22; and terminal planning for high speed water transportation. He stated that the plan in response to these concerns would be to require access management along major thoroughfares in the plan area, which may include marginal access, shared driveways, and shared parking. He said the access management would be implemented through incentives and "best practices". With regard to beach access, Mr. Payne stated that it was a difficult issue to ensure access to and from the beach in these areas for visitors and residents. He said the basic issue, especially on Mustang Island, has been that beach access was at half -mile intervals. He said the development community felt that half -mile intervals were too close. Thus, the plan has changed the intervals to half -mile intervals that alternate between vehicular and pedestrian access points. In addition, Mr. Payne said beach access would be available at two mile intervals south of the city limits to the National Seashore. In response to Mr. Scott's question, Mr. Payne said that the plan stated that pedestrian beach access and parking should be purchased through GLO grants and other grants. Council Member Scott remarked that he liked the idea of having a natural beach, with few roads. He added that the beach in front of the island seawall posed a public safety hazard because there wasn't enough room to drive on the beach and ensure the safety of those using the beach. He asked why this section of the beach was not closed. Acting City Attorney Reining stated that GLO rules required that this section of the beach could not be closed until the city built a parking lot on top of the seawall. City Manager Noe added that there were no funds in the budget at this time to pay for a parking lot except possibly in the general operating budget. Council Member Scott asked if the parking lot could be constructed in phases. City Manager Noe replied that staff would look into it. Regarding public services, Mr. Payne highlighted the following items: create a specific Beach Master Plan; pursue possible additional funding for beach cleaning operations; and support economic development in the Padre Island TIF by providing sufficient utility capacity. Council Member Scott reported that we have been unable to resolve the non-competitive relationship the city has with Port Aransas in dune protection, yet the city is still attempting to maintain a dialogue with the county on this subject. He said that Corpus Christi was the only city along the Texas Gulf that did not have dune protection authority because Nueces County was reluctant to grant this authority to the city. Mr. Scott also expressed his concern about having too Minutes - Regular Council Meeting November 11, 2003 - Page 15 many vehicles on the beach because it could erode the value of the property. He again asked staff to look into building a parking lot for vehicle access. Mayor Neal asked what the Council's next action would be on this matter. City Manager Noe replied that a public hearing was scheduled at the next Council meeting. The Council would also be asked to consider a first reading ordinance to adopt this plan. He said the second reading would be on December 9. Mayor Neal said he had met with the Padre Island residential group last night, and they were in support of the plan. Council Member Scott also spoke in support of the plan. Mayor Neal asked if the plan could be adopted by the end of the year. Mr. Gunning replied affirmatively, saying the plan could be adopted on its second reading on December 9. Mayor Neal asked if the plan could be discussed at a Commissioners Court meeting once it was adopted to show the county that the city could handle dune protection authority. City Manager Noe replied affirmatively. * * * * * * * * * * * * * Mayor Neal armounced the executive sessions, which were listed on the agenda as follows: 28. Executive session under Texas Government Code Section 551.071 to obtain legal advise regarding the conveyance of vessels by the City marina staff, with possible discussion and action related thereto in open session. He noted that Item 27 was withdrawn. The Council went into executive session. * * * * * * * * * * * * * The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe distributed a memo providing a status report of the Bond 2000 projects. He was happy to report that the city had basically met the public's mandate that the projects be under construction or underway in three years. He said at this point, there were only two city projects that were not currently under contract, but both would be under contract by the end of the year. He said the main credit went to City Engineer Angel Escobar and his staff. Mayor Neal also thanked local contractors for their efforts. City Manager Noe also noted the opening of Island Fire Station No. 16 last Monday morning. On Thursday morning at 10:00 a.m. in Cole Park, Mr. Noe announced a promotional event for the Bay Trail Project to encourage the citizens to use it. City Manager Noe announced that next week's council meeting will begin at noon to allow several members of the Council to attend the Texas Municipal League conference in San Antonio. He noted that the following items would be on the agenda: public hearing on the Capital Budget; public hearing and first reading on the Mustang/Padre Island Development Plan; and presentation on the S.P.I.D. Congestion Study. On December 9, Mr. Noe announced that the following items were scheduled to be on the agenda: Animal Control; South Central Area Development Plan presentation; and a report on the non-discrimination ordinance and ADA Transition Plan. Mayor Neal called for Council concerns and reports. Council Member Chesney asked for Minutes - Regular Council Meeting November 11, 2003 - Page 16 a status on information he had requested regarding local participation. City Engineer Escobar replied that it would be probably be ready by the end of the week. Mr. Chesney asked if staff had responded to all the questions asked by residents at the Crockett Town Hall meeting. Mr. Noe replied that he would check. Mr. Chesney announced that the next town hall meeting would be on December 8 at Oveal Williams Senior Center hosted by Ms. Cooper, Mr. Kelly, Mr. Garrett and himself. He stated he would be holding a roast for Council Member Garrett tomorrow, and asked everyone to forward any stories they might want to share. He also thanked the members of the Padre Island Stakeholders Group. Finally, he asked for a status on the constituent concerns he had forwarded to the City Manager. Council Member Noyola asked what staff did with city vehicles that had met their useful life. City Manager Noe replied that they were auctioned off or, in some cases, transferred to a needy department. Mr. Noyola remarked that he had enjoyed attending the Arbor Day celebration last weekend. He said he had read the article in the Caller -Times reporting the economic benefits of planting trees. He asked staff to look into incorporating some of those ideas in the city. In response to Mr. Noyola's question, Mr. Escobar replied that he would include a sketch detailing the placement of new lighting on Tiger Lane in the City Manager's transmittal. Council Member Cooper asked if the construction on McArdle Road from Everhart Road to the mall was scheduled to be completed before the holiday rush. City Engineer Escobar replied negatively. Ms. Cooper asked about the status of the unsightly metal building on Cedar Pass that had been brought to her attention at a town hall meeting. Mr. Noe replied that the city has identified a number of code violations which the property owner has corrected. Mr. George Oresco, Code Enforcement Officer, reported that the owner's plan was to build multi -family units on the site. Ms. Cooper asked if there was any way to prohibit this type of unsightly construction. Mr. Noe replied that the city will look into amending the code to limit the size of similar types of construction. Council Member Garrett remarked that the city was installing a water line on Ayers Street between Horne Road and Gollihar,. He asked if there was any way to reschedule this construction because it would hurt the businesses in that area during the holiday shopping season. City Engineer Escobar replied that workers had opened up an additional driveway and were in the process of securing an additional opening to ease the situation. He said, however, that if it was necessary to postpone the work itself, staff would arrange it. Council Member Kelly asked if the new light at 69 and Northwest Boulevard was synchronized with the other lights yet. Mr. Escobar replied that he would find out. Mr. Kelly also noted that he was impressed with the Caller -Times article about the economic impact of planting trees in the San Antonio area. He also asked staff to look into it. Mr. Noe said he would provide a report on the subject. Council Member Scott asked staff to follow-up with Beautify Corpus Christi on their plans to work with TXDoT to landscape the medians between the highways. He commented that the main library building was a beautiful facility. He mentioned that a number of lights were out at the library and asked staff to replace them. He also complimented Assistant City Manager Margie Rose on the positive comments he has heard from the building community about the One Stop Shop. He asked what the process was to deal with aggressive animals when Animal Control was closed. Assistant City Manager Jorge Cruz-Aedo replied that the Police Department would take the calls for Animal Minutes - Regular Council Meeting November 11, 2003 - Page 17 Control after hours. He said there was an immediate dispatch within 20 to 30 minutes of receiving the call from the Police Department. Mr. Scott said that the police dispatcher had told his constituent that no one was coming out when they called on a Monday night. Mr. Cruz-Aedo said he would look into it. Mr. Scott said he kept receiving e-mails on the B -2A zoning issue and asked for a status report. Mr. Gunning replied that staff met with representatives from the Island Planning Task Force yesterday. He said outside counsel had advised that there were serious concerns about how far the city could go in requiring architectural design controls and had recommended that a survey be conducted to further the city's case. Acting City Attorney Reining added that the city needed to justify why these controls were necessary and the survey would help do this. Mr Gunning said the survey would be conducted within the next 60 days. Mr. Scott stated that if the city was not able to construct a parking lot on the beach in front of the island seawall, perhaps the police department could better enforce the one-way traffic flow from north to south. Finally, Mr. Scott congratulated the Mayor and staff for their leadership in ensuring the success of Bond 2000. Council Member Colmenero noted that there were several items on the Council Action Request list that needed to be removed. He thanked staff and others for attending the downtown meeting held at the Omni Bayfront last night. He asked staff to keep the Council informed on the progress of the next Neighborhood Improvement Project. He also asked for an update on the county's efforts on the Old Courthouse project. Finally, he for an update on Animal Control's efforts to control the cat population in the area. City Manager Noe noted that a Animal Control presentation was scheduled on December 9. * * * * * * * * * * * * * The Mayor called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, expressed his concern about city employees driving city vehicles without wearing their seat belts, sign violations in the Ayers/Staples area, and a code violation involving junk vehicle in the right-of-way near Ayers Street and Holly Road. Mr. Abel Alonzo, 1701 Thames, asked for assistance with a Thanksgiving fundraiser that he was co-chairing. Ms. Rachel Stender, 15322 Beaufort Court, stated that she was a member of the Leadership Corpus Christi Class XXXII and was attending the meeting today as part of her community activism commitment. Council Member Scott asked staff to notify affected residents that the Ocean House zoning case had been withdrawn from the agenda. Mayor Neal asked staff to articulate the city's position on signage in public buildings prohibiting firearms in response to misinformation being circulated by a local radio show. Acting City Attorney Reining said there was no requirement in the law that the city had to remove any of its signs. He said the law eliminated the city's authority to prohibit concealed handgun license (CHL) holders from entering on city property with a firearm. However, he said the city could prohibit anyone other than a CHL holder from entering the building with a firearm. Nonetheless, he said staff had been directed to remove the signs from all buildings except Municipal Court and the City Council Chambers, which were still protected by law. Minutes - Regular Council Meeting November 11, 2003 - Page 18 Council Member Chesney suggested that a staff member could listen to these radio shows and rebut the comments. City Manager Noe expressed his concern about becoming an active participant in these discussions because, in effect, they would lend validity to the radio show's false claims. Council Member Chesney replied that he felt the city's lack of participation in the discussions had the exact opposite effect. Mayor Neal commented that the city circulates an enormous amount of good information to all the media. He stated that if certain members of the media choose to ignore it, it was outside of the city's control. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:05 p.m. on November 11, 2003. * * * * * * * * * * * * *