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HomeMy WebLinkAboutMinutes City Council - 03/28/2000I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of March 28, 2000, which were approved by the City Council on April 11, 2000. WITNESSETH MY HAND AND SEAL, this 1 lth day of April, 2000. /401%'tW Armando Chapa City Secretary SEAL PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria ABSENT Melody Cooper MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 28, 2000 2:10 p.m. City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. E.F. Bennett, following which the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. 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 workshop and regular Council meeting of March 21, 2000. A motion was made and passed to approve the minutes as presented. The Mayor said the Council had received a letter from Mr. Frank Lazarte, an attorney representing Mr. Melhem Ibrahim (zoning Case No. 0200-07). Mr. Chapa said the letter requested a postponement of that zoning case until the next Council meeting on April 11, 2000. He said the Council had the choice of holding the hearing and taking action that day, or they could comply with the request by opening the hearing and then postponing it to April 11th. Council Member Scott made a motion to open the public hearing on Item 11 (Case No. 0200- 07), seconded by Council Member Kinnison, and passed. Responding to Mr. Kinnison, Mr. Chapa said the letter stated that Mr. Lazarte had been hired by Mr. Ibrahim but Mr. Lazarte was not able to attend the Council meeting on March 28th. City Manager Garcia said staff would be providing the same presentation regarding their recommendation. Council Member Garrett made a motion to postpone Case No. 0200-07 until April 11, 2000, seconded by Council Member Betty Jean Longoria. The motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Kinnison and Scott voting "No"; Cooper absent. Minutes Regular Council Meeting March 28, 2000 Page 2 * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Robert Callejo said he was a disabled veteran and he was concerned about the abuse of handicapped parking spaces in Corpus Christi. He said he had noticed that at many different stores people park in the reserved handicapped spaces even though they are not authorized to do so. He asked the Council to see what they can do about this issue. Assistant Police Chief Lou Villagomez said that when they are notified, the police officers respond to complaints about people illegally parking in handicapped spaces and they do issue citations. He said that more often than not, management makes the complaint on behalf of a citizen. Mr. Phil Rosenstein said that every Tuesday night Lindale Senior Center holds a dance for senior citizens. He said there is a lack of security and police patrols around Lindale, and three cars were burglarized there recently. He said he was asking for police patrols at senior centers in the evenings during dances when large numbers of seniors are in attendance. Mr. J.E. O'Brien, 4130 Pompano, asked whether they would get to see the city's financial statement or if there would be another delay. He said he agreed with a statement made last week that the will of the majority should prevail. He said a'% -cent sales tax increase proposal in 1990, which included dredging Packery Channel, was defeated 4 to 1; in 1993, a' -cent sales tax increase to purchase Lake Texana water was defeated but the Council approved the contract anyway. In 1997, the ABC tax increase for economic development was defeated, as was the bond proposal for Packery Channel in 1999. Mr. O'Brien also said that last week Mr. Garcia had responded to a comment about annexation revenues, but a memo prepared by staff indicated that the revenues were projected to increase 1.3% annually for 10 years with costs exceeding revenues each of the 10 -year projection. Mr. O'Brien said the city's upcoming bond election will bring more bad news, and he questioned whether the Utility Fund is still owed close to $5 million. Mr. Leon Perez began to address the issue of the Columbus Fleet. Mayor Neal asked Mr. Perez to hold his comments until they came to that portion of the day's agenda. Mr. Abel Alonzo, 1701 Thames, said he cannot understand why members of the Taxpayers Association are against paying the price for growth in the city. He said sales taxes are a good way to pay for growth, and he noted that it took the City of Laredo four tries before they passed a sales tax increase. Council Member Scott said the last study he saw indicated that 40% of the sales tax revenue is generated by non-residents. Ms. Lindsay Lawley, 5438 King Acres, said she is a junior at Tuloso-Midway High School. She said that six months ago, following the tragic death of her neighbor, Rachel Thurman, the residents of King Estates, Country Creek, and Botanical Gardens asked that improvements be made along FM 2444. The Texas Department of Transportation (TXDOT) lowered the speed limit beyond Minutes Regular Council Meeting March 28, 2000 Page 3 the city limits from 70 mph to 65 mph. However, on March 16, 2000, Leland Bodine Jr. was killed in another accident nearly a block from Ms. Lawley's front yard. She said the residents of those subdivisions have met with city and state officials, who have promised to make changes to FM 2444. She asked the Council to help ensure that those promises are kept. Council Member Kinnison distributed to the Council a list of requests he had made in order to improve safety along FM 2444. Mr. David Seiler, Traffic Engineer, pointed out that FM 2444 (Staples Street) is a state -maintained roadway from Saratoga Boulevard south. He said changes that are made to FM 2444 will be at the approval of TXDOT. He noted that on March 24th a meeting was held with representatives of the neighborhoods, city staff, Mr. Billy Parks of TXDOT, State Representative Jaime Capelo, and Council Member Gonzales. Mr. Seiler said the traffic fatalities referred to by Ms. Lawley have occurred on the unimproved section of FM 2444 south of Oso Creek. Mr. Seiler then delineated actions that will be taken in response to each of Mr. Kinnison's requests for safety improvements. The first item is to expedite the joint state/city efforts to increase signage relative to the existence of a neighborhood along FM 2444. He said in mid-April the city will install some advance street signage that identifies the residential streets (King Acres, King Estates, and South Oso Parkway) which intersect with FM 2444. The second item was to support efforts to increase the shoulders along that portion of FM 2444. Mr. Seiler said Mr. Parks of TXDOT indicated that the paving rehabilitation project (including some shoulder construction) should be done on or about the fall of 2001. However, funding is not programmed at this time for the complete widening of that street section, including curbs, gutters, sidewalks, and additional traffic lanes. The third item was to increase and continue the enforcement of the speed limit in that area. Mr. Seiler said the Police Department increased its speed limit enforcement in late 1999 but it is limited to the assigned patrols at this time. He said an upgraded enforcement is being discussed with the Police Department. The fourth item was to support the reduction of the speed limit in that area. Mr. Seiler said that is not within the control of the city since the State Highway Department conducts speed limit studies, brings a recommendation to the City Council, and the Council confirms the speed limit for prosecution purposes. He said discussions about the speed limit are planned with the Corridor Management Team on March 30th and with the Transportation Advisory Committee. Mr. Seiler added that city staff has also discussed some strategies which may lead to a speed limit reduction on FM 2444. The first step would be for the Police Department to perform heavy- duty speed enforcement, and the second step would be to ask TXDOT to follow up with a comprehensive speed zone analysis (taking into consideration an additional speed reduction based upon accident experience). The fifth item was to support the Metropolitan Planning Organization (MPO) in addressing the long-term solution to this project. Mr. Seiler said one long-term solution, as previously stated, would be to construct an improved five -lane roadway with a continuous left -turn lane on FM 2444 from Oso Creek to the south city limits. However, according to the state, the only way they could approach a project of that magnitude would be to get the project funded by the MPO through a Minutes Regular Council Meeting March 28, 2000 Page 4 specific funding process. And the FM 2444 project would have to compete with several other projects that have been on the list for some time and which may have a higher traffic volume and accident experience. Mr. Seiler added that the neighbors were advised to approach the MPO about this issue during its Policy Committee meeting on April 6th. Mr. Seiler said that Mr. Kinnison had also asked that staff continue to search for funds necessary to install traffic signals at the intersections of Staples and Lipes and Staples and Timbergate. And Mr. Kinnison had asked that staff consider interim measures, such as reducing the speed limit on Staples from Saratoga to Kings Crossing, and to increase and continue the enforcement of the speed limit in that area as well. Dr. Gonzales thanked Rep. Capelo for holding the recent meeting at a resident's home in King Estates. While there, Dr. Gonzales said he witnessed the extremely fast speeds that vehicles travel along that stretch of FM 2444. He said the Council should vote to reduce the speed limit on Staples from Saratoga to the city limits and ask the state to lower the speed limit on FM 2444 from the city limits to Chapman Ranch Road. Mr. Colmenero also voiced his support for lowering the speed limit there due to dangerous conditions that exist. Mr. Kinnison thanked staff for documenting their efforts thus far and he asked them to continue to fast-track this project. Mr. Garrett said they should work toward a long-range solution but they should also conduct heavy selective traffic enforcement, which should be coordinated with DPS. Mayor Neal continued to call for public comment, and Mr. R. Jet Fellows said he was present regarding a zoning case (Item 12). The Mayor said they would discuss that item later in the agenda. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-9). City Secretary Chapa said Council Member Betty Jean Longoria would be abstaining on Item 3 and Council Member Scott would be abstaining on Item 5. There were no comments from the audience or the Council. Mr. Chapa then referred to a proposed amendment to Item 9.a. to include verbiage that the three five-year options would be renewed automatically, while the other amendments would stay the same. Dr. Gonzales made a motion to amend Item 9.a. as stated, seconded by Mrs. Longoria, and passed. Mr. Chapa polled the Council for their votes and the following were passed: 2. M2000-088 Motion approving the purchase of a spin/relief grinder in accordance with Bid Invitation No. BI -0064-00 from Professional Turf Products of Texas, DFW Airport, Texas, based on only bid for a total of $15,713. Funds have been budgeted in the FY99-00 Capital Outlay Budget. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Minutes Regular Council Meeting March 28, 2000 Page 5 3. M2000-089 Motion authorizing the City Manager or his designee to execute an engineering services contract with Govind & Associates, Inc. in the amount of $32,500 for the Up River Road drainage improvements project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; B. Longoria abstaining; Cooper absent. 4. M2000-090 Motion authorizing the City Manager or his designee to execute an engineering services contract with Smith, Russo & Mercer Consulting Engineers for a total fee not to exceed $164,180 for the following projects: Southmoreland Addition street improvements, Phases 3A and 4A; Hampshire Road improvements from SH -358 to McBride Lane; Flour Bluff Estates street improvements, Phase 1; and minor storm drainage improvements, Jester Street. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 5. M2000-091 Motion authorizing the acquisition of 1.811 acres of land located on Sand Dollar Avenue between Nueces County Park 2 and Verdemar Drive for $55,000 in connection with the Padre Island Pumping Plant improvements project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott abstaining; Cooper absent. 6. M2000-092 Motion authorizing the City Manager or his designee to submit a grant application in the amount of $100,000 in asset forfeiture funding to the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, for support in both Weed and Seed Sites 1 and 2. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 7. ORDINANCE NO. 023985 Ordinance authorizing the City Manager or his designee to execute: (a) a consent to an assignment and assumption agreement between JFC Leasing, L.L.C. (JFC) and Dollar Rent- Minutes Regular Council Meeting March 28, 2000 Page 6 A -Car Systems Inc. (Dollar); and (b) an assignment from JFC to Dollar which re -assigns the rent -a -car concession agreement dated October 30, 1991 between Dollar and the City and previously assigned to JFC on July 15, 1997, back to Dollar, on the same terms and conditions set out therein, including all amendments and extensions thereto, except that the lease is currently on a month-to-month basis ending December 31, 2000, for counter space, office space, ready car space, automotive repair facility, and joint use of common areas at Corpus Christi International Airport, in consideration of payment of the greater of $9,333 per month or 10% of gross revenues per month and other related rental fees. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 8.a. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year lease with International Westside Baseball League for the use of the Youth Sports Complex located at the intersection of Greenwood Drive and Horne Road: Attachment #1, in consideration for providing a youth sports program and providing for the year-round maintenance of the premises and improvements. The foregoing ordinance passed on first reading as follows: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 8.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year lease with Westside Pony Baseball League for the use of the Youth Sports Complex located at the intersection of Greenwood Drive and Horne Road: Attachment # 1, in consideration for providing a youth sports program and providing for the year-round maintenance of the premises and improvements. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 8.c. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year lease with Sparkling City Girls Fast Pitch for the use of the Youth Sports Complex located at the intersection of Greenwood Drive and Horne Road: Attachment # 1, in consideration for providing a youth sports program and providing for the year-round maintenance of the premises and improvements. Minutes Regular Council Meeting March 28, 2000 Page 7 The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 9.a. M2000-093 Motion to amend Amendment No. 1 to the lease between MDC Inc. and the City of Corpus Christi to substitute the attached document in its entirety for Amendment No. 1. The foregoing motion passed, as amended, by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 9.b. ORDINANCE NO, 023986 Authorizing the City Manager or his designee to execute Amendment No. 1 to a fifteen year lease with MDC, Inc. (MDC) authorized by Ordinance No. 023806, which: (a) decreases the premises to 80,134 s.f. fronting Pinson Drive on the west side of the airport, substitutes new exhibits A, B, C, J, and K; (b) increases the initial term by ten months to include construction time; (c) authorizes the sublessee to remedy all defaults; (d) clarifies that MDC'S pollution clean-up liability is limited to pollution it or its sublessee causes; and (e) clarifies the type of environmental assessment to be conducted prior to start of construction; MDC is authorized to sublease the premises to Airborne Freight Corporation under the same terms and conditions. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 10. Case No. 0200-04, Yellow Rose Convention Center A change of zoning from a `B-3" Business District to an "I-2" Light Industrial District on South Saratoga Acres, Block 1, being the south 630 feet of Lot 6, located approximately 630 feet south of Saratoga Boulevard, approximately 600 feet west of Crosstown Expressway Extension. City Secretary Chapa said the Planning Commission and staff recommended approval of the "I-2" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mrs. Longoria, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting March 28, 2000 Page 8 10. ORDINANCE NO. 023987 Amending the Zoning Ordinance upon application by Yellow Rose Convention Center, by changing the zoning map in reference to the south 630 feet of Lot 6, Block 1, South Saratoga Acres, from "B-3" Business District to "I-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 11. POSTPONED ... Business District to a "B 4" General Business District on Osage Addition, Block 2, Lot 8, •.... * * * * * * * * * * * * * Mayor Neal referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 12. Case No. 0300-01, SPID Mini Storage, Ltd.: A change of zoning from "B-4" General Business District to "I-2" Light Industrial District on Dusty Hills Subdivision, Block 1, Lot 4, located on the north side of S. Padre Island Dr., approximately 300 ft. east of Prince Drive. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof, approval of a special permit for the outside storage of motor vehicles, recreational vehicles and boats, subject to a site plan and three (3) conditions. No one appeared in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023988 Amending the Zoning Ordinance upon application by SPID Mini Storage, Ltd., by granting a special permit for the outside storage of motor vehicles, recreational vehicles and boats, subject to a site plan and three conditions on Lot 4, Block 1, Dusty Hills Subdivision (currently zoned B-4); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Minutes Regular Council Meeting March 28, 2000 Page 9 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, consideration and discussion of the Council Committee Report on options for operating the Columbus Fleet. The Mayor thanked the members of the Council Committee --Dr. Gonzales, Mrs. Longoria, Mr. Kinnison, and Mr. Colmenero--as well as the members of the public who attended the committee's meetings. Dr. Gonzales, Chairman of the Council Committee, said they met on March 26th and March 27th with persons who are interested in the fate of the Columbus ships. Responding to Mr. Kinnison, Mr. Garcia said staff had talked with an attorney representing the government of Spain, which has been closely following this issue. The attorney essentially indicated that the situation was unchanged and that they had been in contact with various parties, including representatives of the Carabelas de Colon Historical Foundation and Landry's Restaurant Inc. Mr. Tom Utter, Assistant City Manager for Development Services, explained that staff sent out requests for proposals to three organizations, asking that they respond to the following questions: who is to be the operating entity; how are the operations to be financed; who would be the guarantor, if any, of the operation of the ships; what would be the proposed operational location and any improvements proposed, together with the cost estimates and funding proposals; and any other information the organization may feel is relevant and will assist the committee in making a recommendation. Mr. Utter said two organizations responded to the request for proposals --Grupo Las Carabelas (GLC) and Carabelas de Colon Historical Foundation. He said that Grupo Las Carabelas proposed a six-month interim evaluation period during which time they said they would communicate with Spain; stage a grand re -opening of the fleet as well as special events and fundraisers; obtain volunteers to help maintain the ships and the Santa Maria Plaza; evaluate the ships' repair status; and obtain sponsors and funds for advertising. Most importantly, said Mr. Utter, the organization's representatives stated that they would furnish an underwriter to guarantee the six months budget so there would be no cost to the city. He said they did want the city to collect the tickets to the exhibit. Mr. Utter said the second organization to submit a proposal, Carabelas de Colon Historical Foundation, is a Texas -approved non-profit foundation. He said their proposal was more detailed in the history of the ships but less detailed regarding the interim plan. They recommended reestablishing credibility with Spain and developing a "first class" facility in the south basin of the marina. However, according to the City Charter, water areas of the city can only be leased for five years. In addition, Mr. Utter said Mr. Ramon Hemandez, representing the foundation, indicated that they had not made an interim proposal because they wanted to see what the other organization would propose on an interim basis Mr. Utter said that before any plan can be undertaken, there must be some type of approval or concurrence from Spain. Also, staff has not and cannot recommend that the city undertake any Minutes Regular Council Meeting March 28, 2000 Page 10 cost associated with a proposal --either on a short-term or long-term basis. He said that while insurance on the ships is in place through June 1, 2000, the Columbus Fleet Association (CFA) voted on March 27th to terminate all other activities since there are no funds left. Responding to Mayor Neal, Mr. Utter explained that the information packet provided to the Council contained a copy of the lease agreement between the city and the Las Carabelas Columbus Fleet Association. Mr. Garcia added that there were verbal representations made about what a new agreement might look like. City Attorney Bray added that if the city took on the operations of the fleet, there would be increased liability to the city, which would fall under the city's self-insurance. Mayor Neal asked if a proposed agreement would include an indemnification for the city for all liabilities and/or damage to the ships. Mr. Bray said that would have to be negotiated and backed up by insurance. Mr. Garcia pointed out that at this time the city is the lessor and there are a number of ways in which a lessor is protected from the activities of a lessee. However, he reiterated that if the city were to become actively involved in the operation of the ships, it would assume substantially more liability for what might occur on the site, which Mr. Bray further explained. Mr. Longoria noted that they are not just talking about accident risk --there is also a management risk involved. Council Member Kinnison said that up to that point, staff had not recommended that the Council get involved in the operation of the Columbus fleet. He asked if anything had changed with respect to staff's recommendation as a result of the proposals being presented. Mr. Garcia replied that their recommendation has been that the city not change any of the relationships that exist. The Mayor called for comments from the audience. Mr. Maclovio Perez said he was speaking as a private citizen on behalf of Grupo Las Carabelas. He said their mission is to determine how to open the doors of the fleet exhibit at the museum now that the peak tourist season is approaching. He said the interim operating board would assume daily operational control of the ships for a period of six months with an option to extend upon mutual consent. Assuming approval of the City Council, he said the board would rework a support services agreement with the city and appoint the director of the Museum of Science and History as the operations officer for the fleet. This would allow the museum to control the administration and cash management of the exhibit, as well as offer guided tours as needed. Mr. Perez said if approved, the board would also undertake communications with Spain and their representatives in the United States, and they would stage a grand reopening of the fleet as soon as possible, with a full schedule of special events aimed at raising awareness of the fleet and interest in the museum. He said the board will obtain sponsorship money to cover operational costs and create other revenue streams for support of the ships, as well as coordinate volunteers to help maintain and display the ships with the ultimate goal of getting at least one ship seaworthy in the near future. Also, the board will furnish an underwriter to guarantee the operations budget during the six-month period --no funds are being requested from the city. Minutes Regular Council Meeting March 28, 2000 Page 11 Responding to Mayor Neal, Mr. Perez said that the members of the GLC interim operating board are involved as private citizens and do not represent their employers. Mr. Kinnison said that the current support services agreement does not provide for the museum director to act as operations officer of the fleet. Mr. Perez said that GLC is proposing to change the support services agreement by adding that some museum staff members would participate in displaying the ships. In response to other Council members' questions, Mr. Perez referred to the financial overview of the fleet prepared by city staff in which they projected that with minimum operations for one year, the fleet would raise $234,564. Staff projected total expenditures to be $262,851, for a deficit of $28,287. Mr. Perez said the board was proposing to make up that deficit by increasing attendance, having special events, and if that does not work, getting an underwriter to guarantee the $28,287. Mr. Scott said he could not let the city have any financial liability for the ships' operation. Mr. Perez agreed that insurance will need to be purchased for the ships before June 1st, but in order to do so, the GLC needs to begin to raise revenues. He said at the end of the six-month period, the board will come back to the Council with a report about their activities, including the revenues that were generated and expenditures made. He said any surplus revenues would stay with the ships. He said the members of GLC prepared their proposal in a week to respond to the formation of the Council committee and to try to find a way to keep the ships in Corpus Christi. Mr. Longoria said he would prefer an agreement that favored the city, and he questioned GLC's proposal to increase the duties of the museum director. He said the so-called "firewall" contained in the support services agreement exists to protect the city and the taxpayers from being liable for the ships' operation. Mr. Perez said he understood the Council's concern but he pointed out that the museum has experienced 30% less attendance since the fleet exhibit closed some months ago. He said they want to help not only the ships but the museum as well. He added that they were not trying to solve six years' worth of problems but they were asking the Council to rework the agreement to the benefit of GLC, at which time they can take it to the Spanish representative in Washington. He said GLC plans to propose to Spain that they do not think the ships can be moved in six months and they would like to ask Spain's permission to give them six months to get the ships painted and open them to the public again. Mr. Longoria said he has not seen widespread support among the community for any plan. Mr. Perez replied that he does not know how that apathy occurred, but they can agree that the ships can and should be a jewel of the city's waterfront. In response to Mr. Kinnison, Mr. Perez said one of the problems with the ships was that the CFA had a large staff, which was required because of the way the operation of the ships was separated from that of the museum. Mr. Kinnison said part of GLC's proposal is to pay the city for costs, including the indirect cost of Mr. Stryker's time and the museum staff. However, Mr Kinnison questioned the need to appoint Mr. Stryker as the operations officer. He said the ships have operated for years without Mr. Stryker's involvement. Mr. Garcia said the plan prepared by staff called for one full-time tour guide and five part-time tour guides. Mr. Perez said there were many people who Minutes Regular Council Meeting March 28, 2000 Page 12 would volunteer to be tour guides as well. Dr. Gonzales said he thought they could work out the details if they would agree to help the GLC get started. However, he said the Council's bottom line is that the city will not be liable. Mr. Ramon Hernandez, representing Las Carabelas de Colon Historical Foundation, said they have had many discussions with Mr. Dusty Durrill. He said a new contract needs to be developed with Spain's participation, which means that the current support agreement is no longer valid and a new one needs to be created. He said he thought GLC's proposal was an interim plan to mount a campaign to raise money for the ships. Mr. Hemandez said Spain has not changed their position about the ships: it was their understanding that placing the ships at the Santa Maria Plaza was just a temporary step until a first-rate facility could be built and the ships could be placed in the water. He added that the issue about the debt remains. Mr. Leon Perez said he sailed on wooden ships and the worst thing that can be done to a ship is to take it out of the water and put it on a concrete slab. He questioned what happened to the money in the fund, and he said the ships should go back to Spain. Mr. Abel Alonzo said there comes a time when common sense has to play a part in decision- making. He said the fleet's problems did not occur overnight but started several years ago because they were mismanaged. He said the city has a bond issue coming up and the city should recognize that the ships are a loss and they should get away from them as quickly as possible. Mr. R.J. Herschbach, 4650 Hakel, said when the contract for the ships was entered into, it was in violation of the law. He said Article 3, Section 52 of the Constitution states that the legislature has no power to authorize any county or city to lend its credit to or to grant public money to any individual, association or corporation. He said the city cannot fund every group that comes along. Mr. Bray replied that museums and historical preservation is a public purpose for which public money can be constitutionally spent. Mr. John Torrey, 7253 Yaupon Dr., said he is one of the sailors from the Columbus fleet. He said he hopes that some kind of accounting can be done to rebuild public trust. Mr. John Bell, a local attorney representing the Columbus Fleet Association, said the association has had independent audits performed by certified public accounting firms and outside auditors during every year of its existence. He said the funds are not missing but have all been spent for various purposes in connection with the operation of the Columbus fleet. Mr. Hernandez said that despite the audits, there are still some outstanding issues that need to be addressed. Dr. Henry Brennecke, immediate past president of the Museum Auxiliary and a member of the Museum Advisory Committee, said the prime site for the meshing of the old world with the new world is in Corpus Christi with the "Seeds of Change" exhibit and the Columbus fleet. He said he Minutes Regular Council Meeting March 28, 2000 Page 13 hopes they can work with the GLC and find a way to make the exhibit successful. Dr. Gonzales said the Mexican consul wrote a letter saying that Spanish-speaking people are interested in seeing the Columbus ships. He said he thinks they should give the GLC an opportunity to visit with Spain. He said although Spain may have already decided that they do not want the ships to stay in Corpus Christi, no one can say that Corpus Christi did not give it one last try. He agreed that the city should not spend any money but the GLC should be given a chance. Responding to Mr. Colmenero, Mr. Stryker said that when the museum was charging $8 per adult to visit the museum and the Columbus fleet, the museum was receiving $3 from each of those tickets. When the fleet closed, the museum raised its rate to $5 per adult. He said the revenues are' about 13% lower than during the same period last year. He added that the fleet does not have any impact on the museum's upcoming Discovery Hall exhibit. Mr. Colmenero said that since the Greater Corpus Christi Business Alliance and the Columbus Fleet Association are essentially defunct, Spain is now upset with Corpus Christi in general. He said this proposal may represent some future for the ships. He said if the ships leave Corpus Christi, it will impact the city's tourism and affect its relationships with other museums. Mrs. Longoria said they all understand the importance of the city's liability as well as the importance of the Columbus ships. She said she still has questions about the proposal. Mr. Garrett said that when the ships arrived in Corpus Christi, the citizens were told that the city would not be financially involved. He said he could not support any proposal that would involve the city in any way. He said if the ships are to survive, it should be through private donations. Mr. Longoria said if they want to maintain the "firewall" in the ships' operations, they should take the present agreement and offer it to GLC, which should abide by the agreement to not use any tax dollars in its operations. He said that organization would also have to hold fundraisers. Mr. Kinnison said he could support the concept discussed by Mr. Longoria, adding that it would have to be agreed to by Spain as well. Dr. Gonzales made a motion to authorize Grupo Las Carabelas to negotiate an interim agreement with Spain at no financial expenditure or liability by the city, which would allow the operation or display of the Columbus ships for six months while a permanent agreement is attempted to be negotiated. Such temporary agreement should be brought to the City Council by April 1 lth for approval of any role proposed for the city. The motion was seconded by Mrs. Longoria. Mr. Bray said the important thing is to protect the city from liability. He said they probably need more flexibility in working all the details out. He noted that Dr. Gonzales' motion calls for a deadline to come up with a temporary agreement. Mayor Neal said some of the Council members are willing to enter into an agreement with GLC as long as they accept the existing agreement as the basis for the interim agreement. Discussion ensued and Mr. Garcia said the real decision for the Minutes Regular Council Meeting March 28, 2000 Page 14 Council is whether or not they want to open the doors to the fleet exhibit. Mayor Neal said he did not want to put the city in a position on April 1 1th for GLC to bring back an agreement that still makes the city a partner in this plan. Upon hearing the Council's comments, Mr. Bray said the following sentence could be added to Dr. Gonzales' motion: "The role of the city shall not substantively exceed that of the present arrangement." He said that would make it clear that the Council will not approve a larger role for the city than what the status quo has been. Mr. Garcia said he understood that if the Council passed the proposed motion, they intended to support GLC in their effort to go to Spain to get some sanctions as well as to essentially open the Columbus ships for the next six months and come back with a permanent agreement. However, none of the organizations have the capacity to open the exhibit at this time because they are volunteer groups. He said if the Council is stating that that is their intent, Mr. Stryker and his staff will have to open the ships. Mr. Longoria said all the Council was talking about was letting the GLC go to Spain with an agreement, which he said is the existing agreement with only a change in the name. Mr. Bray then suggested another possible amendment to Dr. Gonzales' motion by adding the following: "The role of the city shall not be greater than it has been under arrangements to date for operation of the ships." Responding to Mr. Longoria, Mr. Garcia said the city has an agreement with the Columbus Fleet Association, which has an agreement with the government of Spain. He said Spain has sent a letter to the CFA saying that that organization has defaulted on their agreement. In addition, the CFA met on March 27th and declared themselves insolvent, although they still exist as a legal entity. He said if the city wanted to cancel or renew any of the agreements, they would need to go through the necessary steps with the city's attorneys and the other attorneys. Mr. Bray suggested adding the following to the end of the proposed motion: "The role of the city shall be the same as under the previous support services agreement and lease." Mr. Longoria said he thought the GLC would have to review what their responsibilities would be if they took on the existing agreement, then ask Spain to approve it. Once that occurs, the GLC could start operating and assuming the liability for the ships. He said he did not want the city to open the ships at this time and take on the liability itself because that should be GLC's responsibility if they choose to accept it. Dr. Gonzales reread the motion, and Mr. Bray said the intent is to have a temporary agreement by April 11th that the city would approve if there is a role in it for the city. Additional discussion followed about the repercussions of the motion. Mr. Bray said another possibility would be to have a motion that the City Council expresses its intent to allow Grupo Las Carabelas to be substituted for the Columbus Fleet Association in the support services agreement and lease, subject to approval by Spain. Mayor Neal suggested that the Council take a short break to allow staff time to finalize the proposed motion as stated by Mr. Bray. Minutes Regular Council Meeting March 28, 2000 Page 15 Upon reconvening, Dr. Gonzales said he wished to withdraw his previous motion and substitute the following motion; seconded by Mr. Colmenero. Mr. Chapa then polled the Council: 13. M2000-094 Motion that the City Council expresses its intent to allow Grupo Las Carabelas to be substituted for the Columbus Fleet Association in the present Support Services Agreement and Lease, subject to approval by Spain. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. ************* Mayor Neal opened discussion on Item 14, air quality research projects. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14.a. M2000-095 Motion authorizing the City Manager or his designee to execute an agreement with the Texas Natural Resource Conservation Commission for an Appropriations Rider 13 grant in the amount of $30,000 to fund work plan development for air quality planning and research. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper and Gonzales absent. 14.b. ORDINANCE NO. 023989 Ordinance appropriating $30,000 from the Texas Natural Resource Conservation Commission Rider 13 funding in the No. 1050 Federal/State Grants Fund for air quality research and planning. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper and Gonzales absent. 14.c. RESOLUTION NO. 023990 Resolution authorizing the City Manager or his designee to execute an interlocal cooperation agreement with Texas A&M University -Kingsville in the amount of $20,000 for development of a work plan for ozone near non -attainment area research study. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kinnison, Minutes Regular Council Meeting March 28, 2000 Page 16 B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper and Gonzales absent. 14.d. RESOLUTION NO. 023991 Resolution authorizing the City Manager or his designee to execute an interlocal cooperation agreement with Texas A&M -Corpus Christi in the amount of $10,000 for development of a workplan for the City's pollution prevention partnership and educational outreach program. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper and Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, Pam American Games. There were no comments from the audience. Responding to Council Member John Longoria, Mr. Tony Cisneros, Director of Park and Recreation, said the contact person will be either himself or Mr. Peter Davidson, Marina Superintendent. Mayor Neal explained that members of the San Antonio Pan American Olympic Committee came to Corpus Christi a few months ago and met with members of the marina board, both yacht clubs, and the Park and Recreation staff. He said they laid out their needs for the sailing venue and they were told that Corpus Christi would assist them. Dr. Gonzales suggested that all the sailors in this area be involved as a welcoming committee of some sort. Mr. Cisneros said they have established contacts with some of the sailing groups already. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 023992 Resolution supporting the San Antonio Pan American Olympic Committee's bid to use the City of Corpus Christi's marina facilities as a host site for the sailing events for the 2007 Pan American Games from July 1 through August 13, 2007, subject to future final negotiations. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. ************* Mayor Neal opened discussion on Item 16, agreement with HDR Engineering. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. M2000-096 Motion authorizing the City Manager or his designee to execute an engineering services Minutes Regular Council Meeting March 28, 2000 Page 17 agreement with HDR Engineering Inc. for a total fee not to exceed $396,574 for the following projects: West Point/Greenwood trunk main rehabilitation; Staples Street trunk main rehabilitation; Omaha Street trunk line rehabilitation; Antelope Street 24 -inch truck main rehabilitation; infiltration/inflow-related collection system enhancement program: South Staples from Saratoga Boulevard to Timbergate Drive, Timbergate Drive from Staples Street to Opengate Drive, and Cimmaron Boulevard from Saratoga Boulevard to south of Lipes Boulevard. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 16.b. M2000-097 Motion authorizing the City Manager or his designee to execute an agreement for construction materials engineering laboratory inspections and materials testing services with Trinity Engineering Testing Company (TETCO) for a total fee not to exceed $21,800 for the following projects: West Point/Greenwood trunk main rehabilitation; Staples Street trunk main rehabilitation; Omaha Street trunk line rehabilitation; and Antelope Street 24 -inch truck main rehabilitation. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, neighborhood preservation area. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 023993 Ordinance amending Ordinance No. 023242 to rename and expand the Williams Drive Neighborhood Preservation and Redevelopment Area as the Airline-Holly-Kostoryz Neighborhood Preservation and Redevelopment Area. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. ************* Mayor Neal announced the four executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following: Minutes Regular Council Meeting March 28, 2000 Page 18 • Public Utility Commission of Texas Docket No. 21528 (Central Power and Light Securitization Case), PUCT Docket 21934 (CPL Fuel Factor Case), PUCT Docket on transmission and distribution rate case to be filed by CPL, and other PUCT dockets and projects initiated pursuant to Senate Bill 7 (1999 Legislation), with possible discussion and action related thereto in open session. • Public Utility Commission of Texas Project No. 20935 (Implementation of House Bill 1777, 1999 Legislature), and filing therein by Southwestern Bell Telephone Company and GTE Service Corporation regarding allocation of fees, with possible discussion and action related thereto in open session. • City of San Benito v. PG&E Gas Transmission, Texas Corporation et al No. 96-12-7404-A, 107`" District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. • Five Citizens of Corpus Christi v. City of Corpus Christi et al No. 00-275-G, 319`h District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. City Secretary Chapa said the Council had two resolutions to consider regarding the first executive session (N.1.). Mayor Neal called for comments from the public, and there were none. Mr. Chapa polled the Council for their votes as follows: N.1.a. RESOLUTION NO. 023994 Resolution authorizing appeal by the City of Corpus Christi of the Public Utility Commission of Texas decision in the Commission's Docket No. 21528, Central Power and Light Company securitization case. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. N.1.b. RESOLUTION NO. 023995 Resolution authorizing intervention by the City of Corpus Christi in Central Power and Light Company's transmission and distribution rate case at the Public Utility Commission of Texas; authorizing the joining with other intervening cities to protect municipal and ratepayer interests; authorizing the hiring of attorneys and consultants; requiring reimbursement of rate case expenses incurred by the city; and requiring delivery of this resolution to a representative of Central Power and Light Company. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Minutes Regular Council Meeting March 28, 2000 Page 19 Mr. Chapa said the Council also had two resolutions to consider regarding the second executive session (N.2.). Mayor Neal called for comments from the public, and there were none. Mr. Chapa polled the Council for their votes as follows: N.2.a. RESOLUTION NO. 023996 Resolution amending Resolution No. 023862 which allocated access line categories for certificated telecommunications providers pursuant to House Bill 1777 adopted by the Seventy -Sixth Texas Legislature. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. N.2.b. RESOLUTION NO. 023997 Resolution authorizing intervention of the City of Corpus Christi in Public Utility Commission of Texas Project No. 20935, implementation of H.B. 1777. The foregoing resolution passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia referred to a memo to the Council concerning the back -to -school tax-exempt holiday scheduled for August 4-6, 2000. He said each local jurisdiction has the opportunity to opt out of participating in the event, although most major Texas cities have indicated that they will participate. Dr. Gonzales made a motion to authorize the City Manager to inform the State Comptroller that Corpus Christi intends to participate in the sales tax holiday. The motion was seconded by Mr. Colmenero. The Mayor called for a voice vote on the motion, and it passed (Cooper absent). Mr. Longoria referred to a chart illustrating December sales tax rebates for selected Texas cities. Mayor Neal pointed out that Corpus Christi's sales tax revenue for January and February 2000 was flat, and Mr. Garcia said staff did not project it to be flat. Mr. Garcia said that since April 4th is the first Tuesday of the month, the Council will not have a regular Council meeting; however, the first of five public hearings on the bond issue is scheduled at 6 p.m. on April 4th in the Council Chambers. The other hearings are as follows: April 12th at Northwest Senior Center; April 26th at Grant Middle School; May 17th at Flour Bluff High School; and May 22nd at Bayfront Convention Center. Responding to Mayor Neal, Mr. Garcia said that during the public hearings, staff will give a presentation on the different components of the bond issue. He said the only portion the Council Minutes Regular Council Meeting March 28, 2000 Page 20 has not acted on yet is the substance of the economic development proposal. Following a brief discussion, there was consensus of the Council to hold a workshop at noon on April 4th to review the presentation staff will make at the public hearings and the proposed economic development program. Mr. Chapa said the workshop will be held in the Basement Training Room and the public hearing (which will be televised) will be held later that evening in the Council Chambers. Mayor Neal called for Council concerns and reports. Mr. Scott announced that a town hall meeting will be held on April 3, 2000 at Ethel Eyerly Senior Center, hosted by the At -Large Council members and the District 4 representative. Responding to Mrs. Longoria, Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said the letting date for Phases 1 and 2 of the Leopard Street improvements project is May, and the letting date for Phase 3 is July. Dr. Gonzales referred to the issue of the speed limit on FM 2444. Mayor Neal said he thought they needed to start with a resolution to the MPO asking them to endorse certain changes during their meeting on April 6th. He asked staff to develop that resolution. The Mayor distributed a copy of a letter from Mr. Claude D'Unger to Mr. Gregg Cooke, Regional Administrator of the U.S. Environmental Protection Agency, regarding the contention that Nueces County ranks 21st nationally in pollution levels. Mr. D'Unger asked the EPA to clarify specific aspects of that issue. Dr. Gonzales said he wanted a report from federal and state agencies to answer those questions, and the Mayor said that was the information Mr. D'Unger was seeking. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:55 p.m. on March 28, 2000. * * * * * * * * * * * * *