HomeMy WebLinkAboutMinutes City Council - 03/08/2005I 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 March 8, 2005, which were approved by the
City Council on March 22, 2005.
WITNESSETH MY HAND AND SEAL, on this the 22nd day of March, 2005.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 8, 2005 - 10:03 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Javier Colmenero (Arrived at 10:05 a.m.)
Brent Chesney
Melody Cooper
Rex Kinnison
Jesse Noyola
Mark Scott
ABSENT
Henry Garrett
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Kevin Jennings of Mt. Olive Lutheran Church.
Mayor Neal remarked that Council Member Garrett's wife, Nancy, passed away this week.
He asked for a moment of silence to honor her and their family.
The Pledge of Allegiance to the United States flag was led by Council Member Scott. 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 February 22, 2005 and the special Council meeting
of March 1, 2005. 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:
Airport Board
Glenn Lyons (Reappointed)
Frank "Rocco" Montesano (Reappointed)
Sylvia Whitmore (Appointed)
Civil Service Board/Commission
Deborah Arnold (Appointed)
John Silvas (Appointed)
Regional Health Awareness Board
Asst. City Manager Margie Rose (Appointed)
* * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 3-19). City Secretary
Minutes - Regular Council Meeting
March 8, 2005 - Page 2
Chapa announced that Council Member Kelly would abstain from the vote and discussion on Item
11. Council members requested that Items 5, 7, 10, 11, 12, 13, and 17 be discussed. Mr. Abel
Alonzo also asked that Items 10 and 11 be discussed. A motion was made and passed to approve
Items 3 through 19, constituting the consent agenda, except for Items 5, 7, 10, 11, 12, 13, and 17,
which were pulled for individual consideration. City Secretary Chapa polled the Council for their
votes as follows:
3. MOTION NO. 2005-072
Motion approving the purchase of six (6) vehicles from Phillpott Motors, of Port Neches,
Texas for the total amount of $77,200.20. The award is based on the cooperative purchasing
agreement with Houston -Galveston Area Council of Governments (HGAC). These vehicles
will be used by the Police Department and are replacements to the fleet. Funds are available
from the 2004 Law Enforcement Block Grant. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
4. MOTION NO. 2005-073
Motion approving a supply agreement with the following companies for the following
amounts for large lamps in accordance with Joint Governmental Purchasing Group Bid
Invitation No. JGPG 01-5, for an estimated annual expenditure of $43,672.18, based on low
bid and low total bid. The term of the agreements shall be for twelve months with an option
to extend for up to two additional twelve-month periods, subject to the approval of the
suppliers, the Joint Governmental Purchasing Group, and the City Manager or his designee.
Estimated large lamps use by City is: Incandescent 9,552; Fluorescent 12,440; High Intensity
909; Quartz 258; Stage, Studio and Projector lamps 110; and Ballast 399. Funds have been
budgeted by the using departments for FY 2004-2005. (Requires 2/3 Council Vote)
Mid -Coast Electric
Corpus Christi, Texas
Group 1,2,4&5
$31,195.69
Dealers Electrical Supply
Corpus Christi Texas
Group 3 & 6
$12,476.49
Grand Total: $43,672.18
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Minutes - Regular Council Meeting
March 8, 2005 - Page 3
4. MOTION NO. 2005-073
Motion approving the lease purchase of two (2) ambulances from Tyler Motor
Company/Wheeled Coach Industries, of Winter Park, Florida for the total amount of
$248,094. The award is based on the cooperative purchasing agreement with the Texas
Local Government Purchasing Cooperative (TLGPC). These ambulances will be used by the
Fire Department. These units are replacements to the fleet. Financing will be provided
through the City's lease/purchase financing program. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
6. MOTION NO. 2005-075
Motion approving the purchase of one (1) vacuum truck from Masters International, of
Arlington, Texas based on the cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC) for a total amount of $242,529. The
equipment will be used by the Wastewater Department. This unit is a replacement. Funding
is available from the FY 2004-2005 Capital Outlay Budget in the Maintenance Services
Fund. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
8. MOTION NO. 2005-077
Motion authorizing the City Manager or his designee to execute a construction contract with
Enviro Remediation Coatings Services, Inc., of Katy, Texas in the amount of $184,940 for
the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2005.
(Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
9. MOTION NO. 2005-078
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Martinez, Guy and Maybik, of Corpus Christi, Texas in the amount of
$141,500 for Americans with Disabilities Act (ADA) sidewalk access improvements along
Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) (Requires 2/3
Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Minutes - Regular Council Meeting
March 8, 2005 - Page 4
14. MOTION NO. 2005-084
Motion authorizing the City Manager or his designee to enter into a contract with McGriff,
Seibels & Williams of Texas, Inc., (McGriff), in the amount of $187,000 for an annual
premium for Excess General Liability, Public Officials Liability, Employment Liability and
Law Enforcement Liability Insurance coverage. The term of the contract will be for three
years with an option to renew for one additional 12 -month period subject to the approval of
the City Manager or his designee. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
15.a. MOTION NO. 2005-085
Motion authorizing the City Manager or his designee to sign an Addendum to the contract
with Computer Sciences Corporation (CSC) as successor in interest to DORN Technology
Group, Inc., to provide maintenance and enhancement services (MESA) for the RiskMaster
liabilities software system and database for a period of three years. (Requires 2/3 Council
Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
15.b. MOTION NO. 2005-086
Motion authorizing the City Manager or his designee to sign an Addendum to the MESA to
add an additional user to the license agreement for RiskMaster and provide support for that
additional user. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
1 6.a. ORDINANCE NO. 026166
Ordinance appropriating $75,000 from Intel Corporation from anticipated revenues in
Municipal Information System Fund No. 5210 for Digital City Project support; amending
Operating Budget adopted by Ordinance No. 025878 by increasing appropriations by
$75,000. (Requires 2/3 Council Vote)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Garrett was absent.
Minutes - Regular Council Meeting
March 8, 2005 - Page 5
16.b. MOTION NO. 2005-087
Motion authorizing the City Manager or his designee to execute a contract amendment with
Public Technology, Inc. (PTI), of Washington, D.C. in the amount of $79,950 to provide
consulting services for support of the Digital City Initiative. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
16.c. MOTION NO. 2005-088
Motion authorizing the City Manager or his designee to execute a contract amendment with
Public Technology, Inc. (PTI) and RAM Technologies, Inc. (RAM), of Washington, DC in
the amount of $90,452 to provide consulting services needed for an accurate physical meter
inventory to support the Automated Meter Reading (AMR) pilot project. (Requires 2/3
Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
18. ORDINANCE NO. 026168
Waiving the 60 -Day waiting period and publication of legal notice; renaming the park at
14125 Jackfish Avenue from Seagull Park to Ullberg Park. (First Reading 2/22/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Garrett was absent.
19.a. ORDINANCE NO. 026169
Amending Ordinance 4168, The Platting Ordinance of the City of Corpus Christi, by
redesignating Section III.B.1.d as Section III.B.1.e and by adding a new Section III.B.1.d
regarding submission of electronic data for final approved plats for incorporation in the
City's Geographic Information System; providing for penalties. (First Reading 2/22/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Garrett was absent.
Minutes - Regular Council Meeting
March 8, 2005 - Page 6
19.b. MOTION NO. 2005-089
Motion to amend prior to second reading of an ordinance amending Chapter 14,
Development Services, Code of Ordinances, City of Corpus Christi relating to submission
of digital data for the City's Geographic Information System as amended by deleting the
exception to the Plat submittal requirements.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
19.c. ORDINANCE NO. 026170
Amending Chapter 14, Development Services, Code of Ordinances, City of Corpus Christi,
relating to submission of digital data for the City's Geographic Information System as
amended; providing for penalties. (First Reading 2/22/05)
The foregoing ordinance was passed and approved on its second reading as follows:Neal,
Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was
absent.
Mayor Neal opened discussion on Item 5 regarding the lease/purchase of two ambulances.
Mr. Kelly asked for the average age of the ambulance fleet after the addition of the two new
ambulances. EMS Coordinator John Murray replied he did not know the exact age of the fleet at
this moment, but the two new ambulances would be a substantial improvement to the fleet. The two
vehicles being replaced had approximately 200,000 miles on them. City Manager Noe added the
budget anticipated only one replacement, but staff had found a way to fund to two replacements.
Mr. Kelly mentioned a recent news report regarding an ambulance that had broken down during a
run, and he asked if this vehicle was one of the vehicles being replaced. Mr. Murray replied
affirmatively. Mr. Kelly stated he was glad the city was doubling its commitment to update the
entire ambulance fleet.
Mr. Kinnison also asked Mr. Noe to provide the average age of the fleet after the
replacements were added. In addition, he asked staff to compare the average age of the city's fleet
with other cities. Mr. Noe replied staff would provide a report, but also noted the Tri -Data report
was studying the status of the ambulance fleet, including a comparison with other cities. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 7
5. MOTION NO. 2005-074
Motion approving a supply agreement for approximately 277 gate valves, ranging in size
from 3 inches to 12 inches, with Titan Pipe & Supply Company, Inc., of Corpus Christi,
Texas in accordance with Bid Invitation No. BI -0044-05, based on low bid meeting
specifications, for an estimated annual expenditure of $91,611.90. The term of the contract
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.
(Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal opened discussion on Item 7 regarding the purchase of a vacuum truck. Mayor
Neal withdrew his question regarding this item. City Secretary Chapa polled the Council for their
votes as follows:
7. MOTION NO. 2005-076
Motion approving the purchase of eight (8) pickup trucks from the following companies, for
the following amounts, in accordance with Bid Invitation No. BI -0065-05, based on low bid
for a total amount of $137,948. The vehicles will be purchased for Police, Water and
Wastewater Departments. All units are replacements. Funds are available from the FY
2004-2005 Capital Outlay Fund. (Requires 2/3 Council Vote)
Creveling Dodge Access Ford
Corpus Christi, Texas Corpus Christi, Texas
Bid Item 1 Bid Items 2, 3, 4 & 5
$17,286 $120,662
Grand Total: $137,948
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal opened discussion on Item 10 regarding Americans with Disabilities Act (ADA)
sidewalk access improvements on Staples Street from Leopard Street to Six Points. Mr. Abel
Alonzo, 1701 Thames, thanked the Council and staff for their effort to making the ADA accessibility
improvements possible in the community through Bond 2004 funding. He also thanked the RTA
for their contribution to the improvements. City Secretary Chapa polled the Council for their votes
as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 8
10. MOTION NO. 2005-079
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Martinez, Guy and Maybik, of Corpus Christi, Texas in the amount of
$141,500 for Americans with Disabilities Act (ADA) sidewalk access improvements along
Staples Street from Leopard Street to Six Points. (BOND ISSUE 2004) (Requires 2/3
Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal opened discussion on Item 11 regarding a change order for the minor league
baseball stadium. Mr. Abel Alonzo, 1701 Thames, spoke against the additional change orders the
Council had approved for this project. He felt the city was approving the change orders to
financially benefit the local contractor, Fulton/Coastcon, at the expense of the citizens.
Mr. Colmenero asked Mr. Noe to briefly review the budget for this project. Mr. Noe replied
as with every city project, the city set aside an amount for contingencies that arose unexpectedly
during construction. After this change order, Mr. Noe said the city would have spent approximately
6 percent of the project budget on contingencies. He said the items in this change order all related
to the structural steels package order were absolutely critical to complete the project in time for the
2005 baseball season. He said the city was well within the contingency amount included in the
anticipated budget of $27 million. Finally, he said the city had a very competent construction
management firm that reviewed every change order to determine whether it was legitimate. He said
it had nothing to do with the contracting firm.
Mr. Kinnison pointed out the city was strictly utilizing the funds from the bond sale proceeds
and from the 1/8th-cent sales tax, which were both voter -approved revenues. He asked if there were
any other anticipated change orders the Council could expect to see between now and next month.
Mr. Noe replied staff anticipated at least one to two more change orders, but was unsure when
exactly staff would bring them to the Council.
Mr. Scott took exception to Mr. Alonzo's comments regarding the baseball stadium project,
saying they were insulting to the community. He said staff has explained the project was being fast
tracked, and had clearly articulated the reasons for the contingencies. He said he had heard mostly
positive comments about the new baseball stadium. He was also disappointed with the media
coverage of the baseball stadium budget. Finally, he also took exception to the derogatory
comments Mr. Alonzo made regarding Fulton/Coastcon.
Mr. Noyola stated he understood Mr. Alonzo's concerns regarding the public perception of
the change orders for this project. He said the Council and staff should make an effort to better
educate the public regarding change orders for any future large-scale construction project. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 9
11. MOTION NO. 2005-080
Motion authorizing the City Manager or his designee to execute Change Order No. 4 with
the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction
Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of
$247,368 for installation of additional improvements at Whataburger Field and increasing
the Guaranteed Maximum Price to $22,793,822 for construction for the Professional Minor
League Baseball Stadium. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent; Kelly
abstained.
Mayor Neal opened discussion on Item 12 regarding the Rincon Channel Pipeline Project.
Mr. Scott asked when the city was going to begin the construction of the pipeline and with what
funding source. Assistant City Manager Ron Massey replied the project would be funded out of the
water fund, and he anticipated construction would begin by the end of the year. City Secretary
Chapa polled the Council for their votes as follows:
12. MOTION NO. 2005-081
Motion authorizing the City Manager or his designee to execute Amendment No. 7 to the
Engineering Services Contract with HDR Engineering, Inc., of Corpus Christi, Texas in the
amount of $292,840 for the Rincon Channel Pipeline Project. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal asked Special Assistant to the City Manager Tom Utter to explain the
importance of the city's pass-through agreements related to the Rincon Channel Pipeline Project.
Mr. Utter reported the City of Corpus Christi had one of the more aggressive pass-through
agreements with the State of Texas. He said the city's water resources management efforts,
including the Rincon project, had put the city in the forefront of maintaining adequate flows and
beneficial flows into the estuary. Mayor Neal emphasized the importance of the city's current water
management efforts because they allowed the city to plan for the future.
Mayor Neal opened discussion on Item 13 regarding a grant for the Packery Channel boat
ramp project. City Secretary Chapa announced that Item 13.a. was being withdrawn by staff.
Mr. Utter explained this was a $500,000 grant from the Texas Parks and Wildlife Department
for a boat ramp on Packery Channel. The site was just east of Hwy. 361, coming off of Zahn Road
down to a parking lot. He said the boat ramp was a major facility, with four 16 -foot wide launch
ramps and concrete walkways.
Mr. Utter reported a change order was negotiated for construction of the boat ramp in the
amount of $508,000 with Luhr Brothers/King Fischer Marine, the group that is constructing Packery
Channel. He said the $508,000 was for the construction of the boat ramp only; staff would bring
Minutes - Regular Council Meeting
March 8, 2005 - Page 10
back an item to complete the related roadway and parking lot.
Mr. Scott thanked staff for their efforts to acquire the funding for this project. He asked how
many parking spaces were available for the project. Mr. Utter replied approximately 200 spaces
would be available at first until staff could gauge the demand. Mr. Scott stated he thought the
demand would be high. City Secretary Chapa polled the Council for their votes as follows:
13.a. WITHDRAWN
a giaut app htat.on to tilt 1cAaz I'aLkb and W1c DLpaitiii..iit lui tlw
ac l cry u!a,.nci Boat Rathp p.ojCLt.
13.b. MOTION NO. 2005-082
Motion authorizing the City Manager or his designee to accept a Texas Parks and Wildlife
Department Grant in the amount of $500,000 for the Packery Channel Boat Ramp and
execute grant acceptance documents.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
13.c. ORDINANCE NO. 026165
Ordinance appropriating $500,000 from a Texas Department of Parks and Wildlife grant into
the Marina Grant Fund No. 1058 for the Packery Channel Boat Ramp; amending the Capital
Budget adopted by Ordinance No. 025647 by increasing appropriations by $500,000.
(Requires 2/3 Council Vote)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Garrett was absent.
13.d. MOTION NO. 2005-083
Motion authorizing the City Manager or his designee to increase the escrow with the United
States Army Corps of Engineers in the amount of $508,000 for the Packery Channel Project
for the construction of the Packery Channel Boat Ramp. (Requires 2/3 Council Vote)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Cooper, Kinnison, Noyola and Scott, voting "Aye"; Colmenero and Garrett were absent;
Kelly abstained.
Mayor Neal deviated from the agenda and asked Mr. Utter to provide a brief update on the
state legislative agenda. Mr. Utter reported the city had entered this legislative session with
trepidation because there seemed to be a number of forces combining to attack city and county
interests. He was pleased to report that the city had not been hurt by any of the proposed legislation
so far. He also mentioned that March 11 was the last day to introduce a non -local bill.
Minutes - Regular Council Meeting
March 8, 2005 - Page 11
Mr. Utter highlighted two important issues. First, he reported House Bill (HB) 3, a bill
related to revenues, appraisal caps, and tax caps, was being modified to adopt a "truth in taxation"
plan. He said HB 3 was not perfect, but ultimately it seemed more equitable. He thanked Rep. Fred
Hill, chairman of the House Local Ways and Means Committee, for his efforts.
Second, Mr. Utter discussed the progress on the education bill. As of last night, he said the
bill had run into a number of difficulties that would prevent the bill from being heard today or
tomorrow as scheduled. The opposition was from a number of groups who disagreed with the lack
of funding in some areas.
Mr. Utter also discussed the issue of the city's rights-of-way relating to WiFi service. He
reported Chairman King of the Regulated Industries Committee introduced a bill that would have
attacked the rights-of-way powers of cities, compromising the City of Corpus Christi's WiFi effort.
Fortunately, a substitute bill was being introduced tomorrow that would protect the city's WiFi
project. He said the substitute bill would allow cities to have WiFi systems and provide services to
all governmental buildings and entities. In addition, the bill would allow cities to contract with
providers to use any excess bandwidth.
Finally, Mr. Utter provided an update on the pipeline bill. He said there was currently no
movement on the bill because the sponsors of the bill were waiting to see if cities could negotiate
a local compromise.
Mr. Utter thanked the city's legislative delegation for their efforts, namely Sen. Chuy
Hinojosa, Rep. Vilma Luna, Rep. Gene Seaman, and Rep. Abel Herrero. He said staff would
provide a formal legislative update around March 22, with a possible excursion to Packery Channel,
which would be approximately 75 percent completed at that time.
Mayor Neal mentioned that Port Aransas had introduced a proposal to create a Regional
Mobility Authority, and he believed the city should support their effort. Mr. Utter agreed.
Mr. Kelly asked if there had been any progress on changing the remittitur period on
foreclosed lots. Mr. Utter answered five bills had been introduced by several large cities, including
San Antonio, Austin, Fort Worth, and El Paso, and two bills had a good chance of advancing. He
said the real action on the bills would probably take place in late April or in early May.
Mr. Scott asked for a report on water issues. Mr. Utter answered there were many bills
involving water issues. He highlighted a bill, introduced by Sen. Hinojosa, requiring regional water
planning groups to consider inflows in their water plans.
Mayor Neal opened discussion on Item 17 regarding the resale of 26 foreclosed properties.
Mr. Kelly commented staff had deemed all of the lots unacceptable for the city's in -fill lot program.
He asked about the criteria staff had used to make this determination. Assistant City Manager
Margie Rose replied staff wanted to ensure the lots were large enough to accommodate a $50,000
to $60,000 home, and would also blend well with the neighborhood.
In response to Mr. Scott's question, Ms. Rose explained staff had already selected an area
for a in -fill lot pilot program, in conjunction with the latest Neighborhood Improvement Program
Minutes - Regular Council Meeting
March 8, 2005 - Page 12
(NIP). Mr. Kelly stated that since there was a two-year remittitur period for foreclosed properties,
he did not understand why the city wasn't taking the opportunity to increase their inventory citywide.
Ms. Rose replied staff was in the process of building up capital for this effort. Mr. Noe added the
city also needed to obtain permission from the other taxing jurisdictions involved before the
properties could be used for the in -fill program.
In response to Mr. Kelly's question, Mr. Noe stated staff was working with the 4A Board on
a pilot program to test the idea that city could produce housing in existing neighborhoods in the
$50,000 to $60,000 price range that would benefit the current neighbors and the homebuyers. Staff
was optimistic they could present a pilot program, recommended by the 4A Board, within the next
month for the Council's consideration. The intent was to develop a program that would benefit both
the neighbors and the homebuyers. He said the 4A Board was the main funding stream for the in -fill
housing program.
Mr. Kelly expressed concern the city was missing an opportunity to acquire lots in other
parts of the city that may be useful in the future. Mr. Noe replied part of the strategy being
developed for the in -fill housing program was to focus on rehabilitation as well as new construction
in specific areas to have the most impact. He suggested the Council wait to hear more details about
the in -fill lot pilot project next month before drawing conclusions.
Mr. Kelly stated the in -fill lot program was a Council initiative, not a 4A Board initiative,
and he was concerned the 4A Board was being allowed to drive the decisions on the project. City
Manager Noe replied the 4A Board and the Council had to come to an agreement on how to spend
the funds. Neither party could unilaterally decide how to spend the funds.
Mr. Noyola was concerned because the home builders were saying they could not build
homes for $50,000 to $60,000. He asked staff to speak with the builders to determine the criteria
for building the home within budget (i.e. carport instead of garage). Mr. Noe replied part of the
purpose of the pilot program was to demonstrate what type of home could be built and at what price
range.
In response to Mr. Scott's question, Mr. Marvin Leary with Linebarger, Heard, Goggan,
Blair, Graham, Pena & Sampson L.L.P. stated this auction differed from past auctions because each
of the properties had at least one purchase offer. It was possible, therefore, that the city would see
more money out of the sale than what was being presented.
Mr. Colmenero suggested the city could start pre -qualifying contractors now who could work
on the in -fill program, possibly through an RFI process. City Secretary Chapa polled the Council
for their votes as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 13
17. ORDINANCE NO. 026167
Ordinance authorizing the resale of twenty-six (26) properties for $198,797.17 which were
foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive
$31,492.59 plus $36,544.58 for partial payment of City paving and demolition liens.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Garrett was absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 20.a., and a motion was made, seconded and passed to open the
public hearing on the following right-of-way closure:
20.a. Public hearing to consider abandoning and vacating a 52,011 -square foot portion of an
undeveloped 20 foot wide dedicated public right-of-way out of Lots 8 and 9, Section 27,
Flour Bluff and Encinal Farm and Garden Tracts, (between Holly Road and Wooldridge
Road, approximately 2,600 -feet, east of the Lexington Road right-of-way, Los Arboles and
Monte Verde at Terra Mar Subdivisions).
No one appeared in opposition to the closure. Mr. Chesney made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as follows:
20.b. ORDINANCE NO. 026171
Ordinance abandoning and vacating a 52,011 -square foot portion of an undeveloped 20 foot
wide dedicated public right-of-way out of Lots 8 and 9, Section 27, Flour Bluff and Encinal
Farm and Garden Tracts, (between Holly Road and Wooldridge Road, approximately 2,600 -
feet, east of the Lexington Road right-of-way, Los Arboles and Monte Verde at Terra Mar
Subdivisions); subject to owner's compliance with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Garrett was absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 22 regarding the refunding of bonds by the Lavaca-
Navidad River Authority and Nueces County River Authority for the Lake Texana Project. City
Manager Noe reported the city has initiated six separate bond refundings since April 15, 2000, with
a combined present value savings of over $7.6 million. He said today's item would authorize the
issuance of refunding bonds by the Lavaca-Navidad River Authority and Nueces River Authority
related to the Lake Texana project. The net present value savings for these two issues are currently
projected to be over $4 million, with the final savings to be determined upon closing. Mr. Noe noted
the bonds in question were utility bonds, and so the savings reduced the raw water costs for all
Minutes - Regular Council Meeting
March 8, 2005 - Page 14
customers. There were no comments from the public. City Secretary Chapa polled the Council for
their votes as follows:
22. RESOLUTION NO. 026164
Resolution authorizing the City Manager to take actions necessary to approve the issuance
of refunding bonds by Lavaca-Navidad River Authority and Nueces River Authority in
respect to the City of Corpus Christi Lake Texana Project.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal opened discussion on Item 23, a resolution urging Congress to eliminate the
proposed cuts in the Community Development Block Grant (CDBG) program from the proposed
2006 federal budget. There were no comments from the public. City Secretary Chapa polled the
Council for their votes as follows:
23. RESOLUTION NO. 026172
Resolution urging Congress to reject that portion of the administration's proposed 2006
Federal Budget that calls for the shifting of the Community Development Block Grant
(CDBG) program from the Department of Housing and Urban Development to the
Department of Commerce and request that the program remain fully funded.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
Mayor Neal stated the National League of Cities and the U.S. Conference of Mayors have
announced they have solicited and received the support of 51 U.S. Senators, towards a maximum
goal of 60 Senators, to oppose the reduction in CDBG funding.
Mayor Neal opened discussion on Item 24, a use agreement with the Tiger Olivarez Golf and
Literacy Academy for the use of the Gabe Lozano Sr. Golf Course for golf instruction, The First Tee
life skills curriculum, and literacy instruction. Director of Parks and Recreation Sally Gavlik said
the department was excited about this program because it was a chapter of The First Tee program,
and would allow the city to develop a youth golf program. She introduced Ms. Meg Jones and Mr.
Jason Luby Jr., representatives of the Tiger Olivarez Golf and Literacy Academy, the non-profit
group that was formed to petition The First Tee to locate a chapter at Gabe Lozano Sr. Golf Course.
Mr. Scott, Mr. Noyola, and Mayor Neal spoke in support of the program and in support of
Mr. Tiger Olivarez's efforts to promote youth golf programs. There were no comments from the
public. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
March 8, 2005 - Page 15
24. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a ten year Use Agreement with the
Tiger Olivarez Golf and Literacy Academy, Inc. (A chapter of The First Tee) for
nonexclusive use of designated parts of the Gabe Lozano Sr. Golf Center. (Requires 2/3
Council Vote)
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Garrett was absent.
Mayor Neal opened discussion on Item 25, a resolution endorsing certain legislative changes
to Senate Bill 7 regarding electric deregulation that was supported by the South Texas Aggregation
Project Inc. (STAP). There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
25. RESOLUTION NO. 026173
Resolution of the City of Corpus Christi, Texas endorsing certain legislative changes to
Senate Bill 7, Texas' electric deregulation bill, supported by South Texas Aggregation
Project, Inc.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Garrett was absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 21.a., an overview of the proposed FY 2004-2005 Capital
Budget and Capital Improvement Planning Guide (CIP). Assistant City Manager Oscar Martinez
reported the proposed CIP was reviewed and approved by the Planning Commission on February
23, 2005. Mr. Martinez said today's presentation was intended to provide an overview of the
document as well as outline the process that will lead to the adoption of the FY 2005 Capital Budget.
In addition to the overview, he said a public hearing will be held to receive public input prior to the
City Council's formal consideration of the CIP on March 22.
Mr. Martinez explained the CIP planning process encompassed a ten-year period, beginning
with the current year (FY 2004-2005) of the CIP. Years 2-3 comprised the short-range CIP, and
Years 4-10 comprised the long-range CIP. He emphasized that the plan fully funded Years 1
through 3, but Years 4 through 10 were unfunded, future needs. The plan was updated, however,
year -by -year by the engineering department and others, who identified specific project needs.
Mr. Martinez covered the FY 2004-2005 Capital Budget highlights. In Year 1, he said there
was $178.1 million in expenditures. Almost all of the Bond 2000 projects were substantially
underway or completed. Utility rates remain identical to rates included in FY 2003-2004 Capital
Budget, with the addition of the one percent to fund Bond 2004 projects. The CIP also incorporated
the completion of the new arena and convention center renovation, and the planned completion of
the seawall improvements and baseball stadium.
Minutes - Regular Council Meeting
March 8, 2005 - Page 16
In addition, Mr. Martinez stated the CIP included the following elements: the continuation
of capital projects approved in prior years, including 2004 voter -approved projects; the continuation
of funding to maintain and upgrade utility infrastructure for continued growth; streets capital
improvements; solid waste / landfill options; water supply projects; and maximizing wastewater
treatment plant expansion.
Mr. Martinez discussed FY 2005 revenues. Referring to a pie chart, he said commercial
paper and revenue bonds comprised 53.3 percent of revenues, followed by sales tax revenues from
Bond 2000 program (12.1 percent), and 2004 general obligation bonds (10.1 percent).
Mr. Martinez reviewed FY 2005 expenditures. Referring to a pie chart, he said public health
and safety projects (e.g. seawall, landfill) comprised 24 percent of expenditures, followed by water
(18 percent), wastewater (13 percent), storm water (13 percent), streets (13 percent), and public
facilities (5 percent).
Mr. Martinez discussed the individual projects in various departments. He first discussed
the airport projects. In the FY 2005 CIP, staff was recommending two projects, the runway
rehabilitation and lighting improvements ($5,175,700) and the airport industrial park ($1,533,700),
for a total of $6,709,400. He said the vast majority of the airport projects were being funded
through anticipated FAA grant revenue, as well as revenues from airport revenue bonds and utility
revenue bonds to be sold for infrastructure development for the airport industrial park.
In response to Mr. Scott's question, City Manager Noe explained the city's share of the
funding for the airport industrial park would be used for infrastructure and roadways for the park,
not the building itself. The project was the result of a partnership between the Economic
Development Corporation (EDC), the city, and the 4A Board. The industrial park would provide
warehouse space in the airport, which would help diversify the airport's revenues by providing a
source of non -airport related revenues.
With regard to park & recreation projects, Mr. Martinez said the total project budget was
$6,044,400. The majority of the funding for the marina projects was from marina development
revenues created through the addition of boat slips and amenities that were funded through marina
certificates of obligation. The Bond 2004 issue funded other park & recreation projects, such as
sports facilities and park improvements. Mr. Noyola asked when the improvements to the West Oso
Tennis Courts would be completed. City Manager Noe replied the total estimate for the repairs was
$80,000. While the CIP would fund only $25,000, Mr. Noe said the Council could provide
additional funding through next year's CDBG process. Mr. Noe believed the West Oso Tennis
Courts were on staff's recommended list of CDBG projects.
Mayor Neal asked for a brief recess to hear petitions from the audience.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience. Mr. Randy Caffey, 3341 Laguna Shores,
suggested that the City of Corpus Christi purchase land in the Laguna Shores and Mediterranean
Street area to develop a city park. Mr. Jack Gordy, 4118 Bray, spoke regarding a lawsuit the city
was settling related to police actions, and he asked them to investigate the case of Mr. Bobby
N1 i nines - Regular Council Meeting
March 8, 2005 - Page 17
Ballard.
Mayor Neal called for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess, and Assistant City Manager Oscar Martinez continued
the discussion on the proposed 2004-2005 CIP budget. Mr. Martinez discussed the budget for the
public facilities projects, totaling $9,040,000. Mr. Martinez said the minor league baseball stadium
comprised $6,000,000 of this budget. Mr. Kinnison asked for more information on the site selection
process for the new Southside Library. City Manager Noe said staff had discussed various
alternatives for the site selection, and would present a number of options for the Council's
consideration this summer. Since the bond sale had not taken place yet, he said there were no funds
available now to hire a consultant to assist staff at this time. He said he would like to discuss the
matter with a consultant first before making final recommendations.
Regarding public health and safety projects, Mr. Martinez reported the funding source for
these projects was from the 2000 sales tax bond issue as well as sales of certificates of obligation.
The majority of the projects were for the seawall, sidewalk, and marina bulkhead repair and landfill
improvements.
Mr. Martinez briefly covered the street projects included in the CIP. Mr. Scott asked when
staff would have the list of intersections recommended for new traffic signals. City Engineer Angel
Escobar replied the list would probably be ready within the next 90 days. Mr. Martinez stated the
majority of the funding for the streets projects was associated with the 2004 bond issue. He
mentioned a small number of Bond 2000 projects which were scheduled for completion soon.
Regarding the gas projects, Mr. Martinez stated the majority of the gas program was
associated with the sale of revenue bonds to continue the implementation of the automated meter
reading project.
Mr. Martinez briefly discussed the storm water program, which was funded through
commercial paper and revenue bonds for approximately $25.4 million. He noted that downtown
drainage projects comprised 36 percent of the total projects.
Mr. Martinez discussed the wastewater projects. He said a large portion of the revenue
bonds to be sold for this fund were comprised in the new Broadway Plant, as well as modifications
to the Greenwood Plant.
With regards to the water program, Mr. Martinez stated the program was comprised
primarily of large projects. He said 31 percent of the total funding was allocated to the Southside
Transmission Main project and the automated meter reading project (18 percent).
Finally, Mr. Martinez briefly discussed the water supply projects. He said 67 percent of the
funding was set aside for the Garwood Water Supply Pipeline. The project was being financed
through the revenue bonds from the water fund.
Minutes - Regular Council Meeting
March 8, 2005 - Page 18
Mr. Martinez reviewed a report on the city's debt ratio. He stated the city's debt load is
$93,000,000, the lowest debt load the city has held since 1988. Mayor Neal also noted the city had
one of the lowest per capita general obligation (GO) debt ratios of any major city in Texas. Mayor
Neal said there was a perception in the community that the city was heavily in debt, and he asked
staff to publicize this information to counter this perception.
(Mayor Neal left at 12:25 p.m.)
Mayor Pro Tem Kelly referred to Item 21.b., and a motion was made, seconded, and passed
to open the public hearing on the FY 2004-2005 Capital Budget and CIP guide.
There were no comments from the public. Mr. Scott made a motion to close the public
hearing, seconded by Mr. Colmenero, and passed.
* * * * * * * * * * * * *
Mayor Pro Tem Kelly announced the executive session, which was listed on the agenda as
follows:
26. Executive session under Texas Government Code Section 551.071 regarding Cause No. 04-
06556-A, City of Corpus Christi, Texas vs. Air Liquide America, L.P., et al, in the District
Court of Nueces County, Texas, 28th Judicial District, with possible discussion and action
related thereto in open session.
The Council went into executive session.
* * * * * * * * * * * * *
The Council returned from executive session. Mayor Pro Tem Kelly called for the City
Manager's report. City Manager Noe expressed his and staffs condolences to the Garrett family for
their loss. Mr. Noe announced that the TRAPS conference was being held in Corpus Christi. He
also announced the Weed and Seed Festival will be held this Saturday from 11:00 a.m. to 4:00 p.m.
at the T.C. Ayers Recreation Center. He thanked Mayor Neal and Council Member Cooper for
attending the Mary and Jeff Bell Children's Library opening at the Central Library.
Mr. Noe announced that the next regular Council meeting will be held on March 22. The
following items are scheduled for discussion on March 22: first reading of the CIP budget; second
quarter budget report; the Casa de Sol Cafe variance request; and the wastewater trust fund.
Mayor Pro Tem Kelly called for Council concerns and reports. Mr. Noyola stated March
31 would be the anniversary of the death of Selena. He asked if a proclamation could be read in her
honor before the anniversary date. Mr. Noe replied affirmatively.
Council Member Cooper reported that at last night's town hall meeting, there had been a
report that a petition was circulating regarding the proposed skate park site in Cole Park. Mr. Noe
replied the city's consultant, Mr. Jim Carrillo with Halff Associates, was looking at the Cole Park
master plan now, and would make recommendations about the appropriateness of this site for the
Minutes - Regular Council Meeting
March 8, 2005 - Page 19
skate park Mr. Scott added that he remembered clearly asking staff and the Junior League to include
the neighborhood in the dialogue, but he did not believe anyone had spoken with the neighborhood
yet.
Parks and Recreation Director Sally Gavlik reported Mr. Carrillo had spoken with a number
of stakeholders about the preferred types of amenities and other topics. She said he would return
next week to hold a public meeting from 5:00 p.m. to 7:00 p.m. on the sixth floor of City Hall, and
notices would be sent out to the public. She said he would have two or three artistic renderings of
the skate park to illustrate the proposed site and the types of amenities being considered. Council
Member Cooper stated there was opposition from individuals who did not reside in the adjacent
neighborhoods, and she asked that they be notified as well. City Manager Noe replied staff would
place an ad in the newspaper about the meeting in addition to mailed notices.
Ms. Cooper also expressed her condolences to the Garrett family for their loss.
Mr. Scott asked for a timeline on the storm water master plan related to Mustang Island
because of a pending TxDOT project. City Engineer Escobar replied the city was working with
TxDOT to amend the AE Consultant contract to add the portion of Mustang Island needed for their
project planning area. He said TxDOT was also going to participate in the funding of the project.
Mr. Scott was concerned that TxDOT could not move forward with their project without a master
plan being in place. Mr. Noe replied negatively, saying TxDOT could proceed. Mr. Escobar added
staff would probably bring the amendment to the Council by the end of the month.
Council Member Scott also expressed his condolences to the Garrett family for their loss.
Mr. Colmenero reported problems with transients living under the Tancahua or Carancahua
and Kinney Streets bridge. He also requested that the city make plans to resurface Gollihar Road
between Kostoryz and Staples Streets. Mr. Colmenero requested strengthening the anti -littering
ordinance regarding junk cars. In addition, he mentioned constituent concerns about residential
sidewalks, and asked staff to see what could be done to make improvements. Finally, he expressed
his condolences to the Garrett family for their loss.
Mayor Pro Tem Kelly also asked about the storm water master plan. He mentioned problems
with drainage in the Five Points area, and said TxDOT has let a number of contracts in this area.
He asked staff to look for opportunities to add drainage ditches around the Tuloso-Midway and Rand
Morgan area in conjunction with the current TxDOT projects. He said TxDOT District Engineer
Craig Clark was amenable to this idea.
Mayor Pro Tem Kelly also expressed his condolences to the Garrett family for their loss.
There being no further business to come before the Council, Mayor Pro Tem Kelly adjourned
the Council meeting at 1:15 p.m. on March 8, 2005.
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