HomeMy WebLinkAboutMinutes City Council - 01/29/2002I 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 January 29, 2002, which were approved
by the City Council on February 12, 2002.
WITNESSETH MY HAND AND SEAL, this 12th day of February 2002.
A ando Chapa
City Secretary
SEAL
3
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 29, 2002
2:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Brent Chesney
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
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 Parry
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Pastor Buddy Murphey, Southcrest Baptist Church, and the Pledge of Allegiance
to the United States flag was led by Council Member Kelly. 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 January 22, 2002. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-11). City Secretary Chapa
said that Council Member Noyola would abstain on Item 3. Council members requested that Items
3 and 10 be discussed. There were no comments from the audience. Mr. Chapa polled the Council
for their votes and the following were passed:
2. M2002-036
Motion authorizing the City Manager or his designee to execute Amendment No. 1 in the
amount of $395,020 with Urban Engineering for odor control improvements at the Allison
Wastewater Treatment Plant Lift Station, the Arcadia Lift Station and for rehabilitation
improvements at the Allison Wastewater Treatment Plant.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
4. RESOLUTION NO. 024744
Resolution authorizing condemnation proceedings by the City to condemn utility and
temporary easements as follows: utility easement of 2.847 acres and temporary easement of
2.033 acres, being Parcel 7 out of Lots 3 and 4, Section 7, Bohemian Colony Lands; utility
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January 29, 2002
Page 2
easement of .454 acres and temporary easement of .674 acres, being Parcel 8a out of Lots 3
and 4, Section 7, Bohemian Colony Lands, all as shown on the attached Exhibit A, from the
owner Cardco Inc. to construct wastewater improvements in connection with the Carolyn
Heights Diversion to Greenwood Wastewater Treatment Plant - 30" line, Project 7196, and
for other municipal purposes.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5. RESOLUTION NO. 024745
Resolution authorizing condemnation proceedings by the city to condemn utility and
temporary easements as follows: utility easement of 1.258 acres and temporary easement of
1.095 acres, being Parcel 1 out of Lot 8, Section 14, Bohemian Colony Lands, as shown on
the attached Exhibit A, from the owner South Texas Rainbow Limited Partnership to
construct wastewater improvements in connection with the Carolyn Heights diversion to
Greenwood Wastewater Treatment Plant - 30" line, Project 7196, and for other municipal
purposes.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6. ORDINANCE NO 024746
Ordinance abandoning and vacating 3,000 square feet of a 10 -foot wide utility easement out
of Lot 4A, Block 502, Padre Island -Corpus Christi Mariner's Cay Subdivision; requiring the
owner, Mr. B. Wiley Mayden (Owner), to comply with the specified conditions and replat
the property within 180 days at owner's expense.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7.a. M2002-038
Motion authorizing the City Manager or his designee to execute all documents necessary to
accept and implement a grant from the Texas Department of Health for laboratory services
for the analysis of bay water samples collected by Texas Department of Health for $22,500.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7.b. ORDINANCE NO. 024747
Ordinance appropriating a $22,500 grant from the Texas Department of Health in the No.
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January 29, 2002
Page 3
1050 Federal/State Grant Fund for laboratory services.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8.a. M2002-039
Motion authorizing the City Manager or his designee to execute Attachment No. 02 to
Contract No. 7460005741-2003 with the Texas Department of Health in the amount of
$87,979 for tuberculosis prevention and control and expanded outreach services.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8.b. ORDINANCE NO. 024748
Ordinance appropriating a $87,979 grant from the Texas Department of Health in the No.
1050 Federal/State Grant Fund for tuberculosis prevention and control and expanded
outreach services.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.a. RESOLUTION NO. 024749
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $77,271 to the State of Texas, Office of the Govemor, Criminal Justice Division
for fifth -year funding of the Gang Analysis Unit of the Police Department.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.b. RESOLUTION NO. 024750
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $58,760 to the State of Texas, Office of the Governor, Criminal Justice Division
for third year funding for the Computer Forensics Specialist.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9.c. RESOLUTION NO. 024751
Resolution setting a priority number of one for the Gang Analysis Unit and a priority number
Minutes - Regular Council Meeting
January 29, 2002
Page 4
of two for the Computer Forensics Specialist for the grant application submitted to the State
of Texas.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11. ORDINANCE NO. 024752
Ordinance amending Section 53-99, Operation of Trucks, Trailers and Other Heavy Vehicles
Restricted on Certain Streets, of the Code of Ordinances, City of Corpus Christi, to allow
automated Solid Waste vehicles to travel against traffic on one-way streets to collect from
City -provided garbage carts; providing for penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, airport roadway improvements. Council Member
Scott asked about the planned deferral of the airport entrance road to a future phase. Mr. Kevin
Stowers, Assistant Director of Engineering Services, said that was presented to the Council during
the review of the redesign effort. He said the lighting project for the entrance road is planned and
staff will come back to the Council when they have more information about available revenues. City
Manager Garcia pointed out that the road project also entails major drainage work, which is much
more expensive than just paving it. He said the airport is scheduled to be open in summer 2002 and
staff would like to add this project in the spring. Mr. Dave Hamrick, Aviation Director, added that
they also did not want to construct the entrance road and have it torn up by construction associated
with the Singapore Technologies project, if it is approved. City Secretary Chapa polled the Council:
3. M2002-037
Motion authorizing the City Manager or his designee to execute an amendment in the amount
of $146,150 with RVE Inc. for engineering services associated with Corpus Christi
International Airport roadway and parking lot improvements.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 10, Merriman-Bobys House use. Responding to
Council Member Kinnison, Mr. Dan Whitworth, Assistant Director of Park and Recreation, said staff
initially went through a request for proposal (RFP) process and Marbella Grill Inc. (dba Christian's
House) was given a one-year lease agreement to see if that restaurant was viable in that location. He
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Minutes - Regular Council Meeting
January 29, 2002
Page 5
said other restaurants have operated there without Tong -term success while the current tenant has
been in that location for two years. City Manager Garcia said the restaurant operates Wednesdays
through Saturdays and the owner also operates a catering business from that location.
Mr. Kinnison expressed concern that the proposed lease is with a for-profit company for five
years in exchange for monthly payments of only $300.00. He said he did not want to tie the property
up for that length of time, particularly in anticipation of the activity that will occur with the new
arena and renovated convention center. He added that there is not an escalation clause in the contract
and he is interested in shortening the term of the lease. Mr. Garcia reiterated that other restaurants
have not been successful in that location and this restaurant owner offered the highest bid.
Council Member Longoria said he thought Mr. Kinnison's concerns were valid, saying he
would be willing to support a two-year lease term with a possible option for the city to extend the
lease for three more years. Mr. Whitworth said staff can go back to the tenant and discuss those
issues. He said traditionally there has been the desire to have a for-profit food service operation in
Heritage Park. He said staff is hopeful that the pedestrian traffic will increase as development occurs,
but at this time it is difficult to support a very large monthly payment by the tenant.
Council Member Colmenero said that five years may be too long and he agreed with the idea
of a two-year lease with a three-year extension option. Council Member Kelly asked when the arena
is scheduled to be completed and Mr. Garcia replied in 2004. Mr. Kelly said he is familiar with that
area and there is not that much activity at this time. He said a restaurant in that location is
advantageous and he asked what is the objective for Heritage Park. Mr. Garcia said the city's
objective had been to keep the buildings occupied but it is difficult to tell what the character of that
area will be after the arena opens.
Mr. Longoria made a motion to amend Item 10 to change the lease term to two years;
seconded by Mr. Colmenero. City Secretary Chapa polled the Council on Mr. Longoria's motion,
and it failed to pass by the following vote: Colmenero, Kinnison, Longoria, and Noyola voting
"Aye"; Neal, Chesney, Garrett, Kelly, and Scott voting "No."
Mr. Longoria asked what is the net operating loss for Heritage Park. Mr. Whitworth said he
does not have that figure but explained that each of the homes pays into a maintenance fund and it
is the city's responsibility to maintain the exterior of the homes. Mr. Longoria said he thought the
loss was about $260,000 and proposals such as this one would be more acceptable if there was not
such a large operating loss.
Mr. Kinnison made a motion to direct staff to renegotiate the lease to include an escalation
clause with some basis on sales; Mr. Colmenero seconded the motion. He also suggested that staff
review the differences in the leases between the for-profit and non-profit organizations in Heritage
Park. Council Member Chesney said this proposal was the best the city received for competitive bids
and the Council should support it, particularly since it is a local business. Council Member Noyola
said he did not want to run the vendor out of business but he would prefer a two-year rather than a
five-year lease.
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January 29, 2002
Page 6
Mayor Neal said that according to the agenda memorandum, the owner of the restaurant at
the Merriman-Bobys House expressed an interest in a five-year lease and staff is offering that. He
said the memo does not say the owner bid on a five-year contract. Mr. Whitworth said the owner was
initially placed in that building in response to an RFP for a one-year term for $300 a month. The
Mayor said the Council has the authority to amend the lease to a fixed amount plus a percentage of
sales, which does not require rebidding the contract. City Attorney Bray agreed.
Mr. Kinnison said his motion is to instruct staff to negotiate an escalation clause in the lease
agreement that is tied into sales (percentage of gross). Mr. Chapa polled the Council and the motion
passed as follows: Neal, Colmenero, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Chesney,
Garrett, and Scott voting "No."
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* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item
12) was an update on the Broadway Wastewater Treatment Plant (WWTP) diversion project. City
Manager Garcia said that plant is the oldest in the city and staff has been doing detailed analyses on
options for diverting the flows from that plant in the future.
Mr. Angel Escobar, Director of Engineering Services, explained that on March 18, 1997 the
Oso/Greenwood implementation plan was approved by the Council. The cost -benefit analysis
determined that the plan would save $900,000 per year but it would cost $22.4 million to implement.
On May 15, 2001, staff presented to the Council the following options: diversion to the Greenwood
WWTP; diversion to the Allison WWTP; construct a new plant in the industrial area; and construct
a new plant at the existing site. On September 11, 2001, the Council directed staff to further evaluate
what they felt were the three most viable options --Greenwood diversion, a new plant in the industrial
area, and a new plant at Broadway (thus excluding the Allison diversion option).
Mr. Escobar said the benefits of diverting the wastewater flows to Greenwood include
consolidation of the plants; one less discharge permit; less operational and maintenance staff; and
potential effluent re -use. The constraints include a stringent discharge permit; additional pumping
costs for lift stations and a pipeline; and additional land cost for an intermediate lift station and force
main easements. The benefits of building a new plant in the industrial area are less odor control; ease
of construction; no change in the permit requirements; potential effluent re -use; and asset value of
the existing site. The constraints include limited space; site preparation; a new force main; and
property acquisition. Mr. Escobar described the location and characteristics of the CITGO site.
With regard to the third option, a new plant at the Broadway site, the benefits include no
Minutes - Regular Council Meeting
January 29, 2002
Page 7
property acquisition, no permit change, and ease of implementation. The constraints are: conflicts
with the area development plan; odor control required; must maintain operations during construction;
aesthetics; and a limited construction space. Mr. Escobar then reviewed a cost comparison of the
three options: diversion to Greenwood - $57.4 million; new industrial area plant - $44.2 million; and
new Broadway plant - $44.1 million. Incorporating the cost with a 20 -year operation and
maintenance life cycle, the figures are: diversion to Greenwood - $72.3 million; new industrial area
plant - $57.7 million; and new Broadway plant - $60.6 million.
Mr. Escobar said that staff is recommending constructing a new plant in the industrial area,
which will involve the following actions: amending the architectural/engineering contract with
Govind Engineering for Council award; assembling a team to assist with the negotiations among the
city, CITGO and the Port of Corpus Christi Authority; and addressing specific land purchase issues.
With regard to the CITGO site, the issues to be resolved include removal of the existing storage
tanks; replacement of storage tanks; wetlands mitigation; environmental closure; participation with
the Port Authority; and property acquisition schedule.
Responding to Mayor Neal, Mr. Escobar said the negotiations and related issues are expected
to take six to eight months to complete, which is the first phase of this multi-year contract. He noted
that the FY 2001-02 capital improvement budget approved by the Council includes $2.9 million for
the land acquisition and the amendment to the engineering contract. It will take approximately 30
to 36 months to actually construct the 8 MGD plant. Mr. Mark McDaniel, Director of Management
and Budget, pointed out that the three-year short-range CIP includes a total of $4.78 million for
initial project costs. He said that for planning purposes, staff computed the highest cost option ($58
million) into the long-range CIP; however, if the Council approves staffs recommendation, the cost
will actually be about $44 million.
Council Member Kinnison asked what is the critical time line for the Broadway plant. Mr.
Foster Crowell, Wastewater Superintendent, and Mr. Escobar said monies have been budgeted to
keep that plant operational for the next five years. Mr. Kinnison commended staff for their thorough
analysis of the available options. In reply to Council Member Colmenero, Mr. Crowell described
some of the specific equipment at the Broadway plant that will probably need to be replaced in the
next few years. Mr. Escobar said that vacating the Broadway site and relocating the Port Avenue
entrance will open that area to redevelopment. He said costs to clean up the existing site have been
factored into the total costs.
Council Member Kelly asked if staff has considered the implications of the possible
relocation of Harbor Bridge. Mr. Escobar said staff has met with officials from the Texas
Department of Transportation and the Port about that issue and if it is relocated, it will not affect the
new wastewater treatment plant site. In response to Council Member Scott, Mr. Escobar also
discussed the realignment of the entrance to Port Avenue.
Council Member Garrett asked about the space limitations at the industrial area site. Mr.
Escobar said the increased capacity will be built into the new plant and that will not be an issue. He
added that odor control equipment and maintenance are expensive. Mayor Neal said this project
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Minutes - Regular Council Meeting
January 29, 2002
Page 8
constitutes a $50 million investment in the utility system which is driven by regulatory requirements
and the age (70 years old) of the existing plant. He said this is an example of what happens when the
city's infrastructure is not upgraded regularly. There was consensus of the Council to allow staff to
proceed with the option of constructing a new wastewater treatment plant in the industrial area.
* * * * * * * * * * * * *
The second presentation (Item 13) was regarding the United States Department of Housing
and Urban Development's (HUD) designation of Corpus Christi as a "renewal community."
Assistant City Manager Tom Utter said this action is one of the greatest boons to Corpus Christi in
the last few decades. He used a map to describe census tracts 1, 3, 4, 10 and 11 which received
HUD's designation. He noted that tracts 4 and 11 have approximately 70% poverty levels. He said
tract 1 (Corpus Christi Beach) and tract 3 (which includes Corpus Christi Marina) in particular have
a great deal of development potential.
Mr. Utter said this designation allows the City of Corpus Christi and private business people
the opportunity to compete for up to $17 billion worth of tax incentives, $6 billion of which are held
expressly for renewal communities. He then described the incentives associated with the renewal
community designation: wage credits, work opportunity credits, welfare to work credits, commercial
revitalization deductions, Section 179 deductions, environmental clean-up cost deductions, zero
percent capital gains rate, qualified zone academy bonds, new markets tax credits, and low-income
housing tax credit.
Responding to Mayor Neal, Mr. Utter said most of these incentives do not apply to non-profit
organizations but rather to for-profit groups. He added that the old Nueces County Courthouse could
qualify for assistance and he noted that the period of the RC designation is 2002-2009. He said the
renewal community is an overlay on both the enterprise zone and the reinvestment zone, which offer
their own incentive programs
Mr. Utter said the renewal community partners are the City of Corpus Christi, CCISD,
Coastal Bend Workforce Development Board, C.C. Beach Association, C.C. Chamber of Commerce,
C.C. Regional Economic Development Corporation, C.C. Regional Transportation Authority, Del
Mar College, Gulf Coast Council of La Raza, Metro Ministries, Nueces County Community Action
Agency, Texas A&M University-C.C., Texas Department of Economic Development, Texas General
Land Office, Westside Business Association, Workforce Network Inc., YMCA, and the YWCA. He
noted that the only two RC designations in the state are this city and El Paso County.
In reply to another question from the Mayor, Mr. Utter said this is a Bush administration
initiative which is designed to be utilized by the private sector to hire, train and build in the
designated areas. He said the most successful programs in the past have involved the private sector.
He said it is hoped that census tracts adjacent to the designated ones will also benefit.
Council Member Longoria asked why more areas in the port were not included. Mr. Utter
replied that many port areas are not in the city limits and the designated tracts have to be contiguous.
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January 29, 2002
Page 9
Mr. Longoria suggested that staff meet with port officials to explain the specifics about the HUD
designation. Council Member Kelly asked if the city is eligible for some of the employment benefits.
Mr. Utter said at this time the city and other governmental entities are not eligible, although there
is a movement to make them eligible. However, since many of the incentives involve tax credits,
they would not apply. He added the mortgage credit certificate program can be utilized by residents
in the designated tracts. Mr. Utter also further described the qualified zone academy bond program.
Responding to Council Member Scott, Mr. Utter said the renewal community initiative is a
new program. He said most of the other designated areas throughout the country are sized similarly
to Corpus Christi. He added that he does not know of any other renewal communities that include
a bayfront, a marina and a beach As a result, the RC partners need to publicize the advantages of
Corpus Christi's designation.
In reply to Council Member Noyola, Mr. Utter said an employee would have to live and work
in a designated census tract in order for a business in that tract to take advantage of the RC
incentives. He described how such organizations as the Coastal Bend Council of La Raza and Metro
Ministries are involved. Council Member Colmenero asked about housing issues with regard to the
renewal community, which Mr. Utter explained. Council Member Kinnison said the key element is
making people aware of this designation and he asked if staff had any plans to include information
on the city's web site. Mr. Utter said they intend to create a link from the city's site to HUD's site.
Mr. Utter also stated that during a press conference on January 28th at McGee Beach, Land
Commissioner David Dewhurst announced three major grant awards to the city under the Coastal
Erosion Planning and Response Act. Those projects are: $1.25 million to assist with the North Padre
Island storm damage reduction and environmental restoration project (Packery Channel); $700,000
for restoration of McGee Beach; and $1 million for Sunfish Island restoration and marina dredging.
Mr. Utter explained that the first project is partial funding for the local share ($10.5 million)
of the overall Packery Channel project ($30 million). City staff anticipates that the project will be
under construction in late 2002 and the U.S. Army Corps of Engineers has estimated that
approximately $6 million will be expended prior to August 31, 2003 (the end of the state biennium).
The second project involves dredging sand from certain areas of the marina and placing it on McGee
Beach to enlarge the usable beach area. The third project involves the protection and restoration of
Sunfish Island, which is a prime waterfowl rookery (nesting site), and dredging areas of the marina,
which will improve operations.
Mr. Scott asked about the funding for the Packery Channel project. Mr. Utter said that due
to the state's budget deadline of August 31, 2003, staff asked that the Corps send a letter to the
General Land Office stating how much they anticipate spending before the end of that period.
Council Member Chesney asked about additional funding that may be available for the
Packery Channel project. Mr. Utter said Commissioner Dewhurst and his staff have said that the
funding is based on the amount that can be spent during this biennium. Assuming that the state's
program is renewed, he said additional funds may be available after August 31, 2003. Mr. Utter
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January 29, 2002
Page 10
added that under the direction of the City Manager, city staff meet with the Corps regularly to
provide them with information as needed. He added that these state grants are very significant.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 14, renewal community designation. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
14. RESOLUTION NO. 024753
Resolution authorizing the City Manager or his designee to sign the necessary documentation
to accept the U.S. Department of Housing and Urban Development's Renewal Community
Designation in Census Tracts 1, 3, 4, 10, and 11, which is designed to stimulate economic
development in these areas.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 15, renovation of senior and recreation centers. There
were no comments from the audience. City Manager Garcia said this is the last construction contract
to be awarded for the park and recreation improvements for the 2000 bond issue. City Secretary
Chapa polled the Council for their votes:
15. M2002-040
Motion authorizing the City Manager or his designee to award a construction contract in the
amount of $168,465.42 with Third Coast Construction for the renovation of senior and
recreation centers at the following sites: T.C. Ayers Recreation Center, Ben Garza
Gymnasium, and Greenwood Senior Center.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 16, airport ground lease. He called for public
comment. City Secretary Chapa stated that Council Member Noyola signed a disclosure affidavit and
would be abstaining from discussing or voting on Item 16.
Mr. J.E. O'Brien, 4130 Pompano, questioned the wisdom of approving a 60 -year lease. He
asked whether it would be more appropriate to have a shorter lease with options to extend it.
Assistant City Manager Utter explained that this proposal is a 60 -year lease to the Corpus Christi
W r
Minutes - Regular Council Meeting
January 29, 2002
Page 11
Regional Economic Development Corporation (EDC). In turn, the EDC will be executing a sublease
to Corpus Christi Aerospace Ltd. (CCA) for five years on the first hangar and seven years on the
second hangar. He added that there is a rolling lease renewal up to the time CCA pays off all the
bonds. And if they do that, it is as if the company built the building itself. Mr. Utter added that the
city, Nueces County and the Port of Corpus Christi Authority are working together to help create
good jobs in the area through this endeavor.
Council Member Kinnison asked Mr. Utter to discuss the time line of this lease. Mr. Utter
explained that the City Charter requires a 28 -day delay between the first and second reading of leases
and they are not effective until 60 days after the second reading. He said staff had developed a
shorter -term lease but they are now proposing a longer term after reviewing the memorandum of
understanding that had originally been negotiated. He said the Council also has to approve the
sublease between the EDC and CCA. Mr. Kinnison said he had discussed his concerns with Mr.
Utter and Mr. Bray about the need for a guaranteed jobs clause, assignability clause, the option
premises and other issues. City Secretary Chapa polled the Council for their votes as follows:
16.a. FIRST READING ORDINANCE
Ordinance approving a sixty -year ground lease at Corpus Christi International Airport
between the City of Corpus Christi and the Corpus Christi Regional Economic Development
Corporation.
The foregoing ordinance passed on first reading as follows: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, and Scott voting "Aye"; Noyola abstaining; Longoria absent.
16.b. ORDINANCE NO. 024754
Ordinance repealing Ordinance No. 024717 (December 18, 2001) which approved a one-year
ground lease at Corpus Christi International Airport between the City of Corpus Christi and
the Corpus Christi Regional Economic Development Corporation; and rescinding the first -
reading approval of a long-term ground lease at the Airport between those parties.
An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, and Scott voting "Aye"; Noyola abstaining; Longoria absent.
* * * * * * * * * * * * *
Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi
Housing Finance Corporation.
Upon reconvening the regular meeting, Mayor Neal announced the executive sessions,
pursuant to Texas Government Code Section 551.071, regarding the following: Item 18 - City of
Corpus Christi Project #3219, Nourishment of Corpus Christi Beach - 2001, with possible discussion
and action related thereto in open session; and Item 19 - Armando D. Flores v. City of Corpus
Minutes - Regular Council Meeting
January 29, 2002
Page 12
Christi, No. 00-3837-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 retumed
from executive session. Mayor Neal made the following motion, seconded by Mr. Kinnison:
19. M2002-041
Motion authorizing the City Manager to execute documents settling Armando D. Flores v.
City of Corpus Christi, No. 00-3837-G, 319t District Court, Nueces County, Texas, for
$75,000 pursuant to the agreement negotiated by the City's attomeys.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. J.E. O'Brien, 4130 Pompano, said that Mayor Neal's substitute motion during the
January 22, 2002, meeting significantly changed the original agenda item outside the required 72 -
hour notification period. He said he thinks it would be easy to get an injunction to prevent the
enforcement of that particular motion. Mr. O'Brien also quoted the third part of the Mayor's motion:
"that City of Corpus Christi policy is established that there will be no payroll deduction in payment
of membership dues to an employee association." He questioned whether that clause violates the
city's collective bargaining agreements with the fire and police unions. He also announced that on
January 31, 2002, the Corpus Christi Taxpayers Association will begin a petition drive seeking the
required number of signatures for a charter amendment changing the city's form of government from
"Council -Manager" to "Mayor -Council."
In response to Mr. O'Brien, City Attorney Bray said the subject matter of the posting was
fully adequate. He said the Council can reverse an action on the same subject matter and sometimes
does on staff recommendations. He said with respect to the fire and police unions, it is absolutely
clear that the context of those items in Mayor's Neal's substitute motion on January 22nd were with
respect to civilian employees. He said the Council has already fully adopted "dues check -off" in
contracts with both the fire and police unions, which are valid obligations and will continue in place.
Mr. R.F. Hasker, 1813 Wallace, questioned whether Land Commissioner Dewhurst had been
given false or misleading information about the cost of the Packery Channel project. He said the state
grants should not be spent on that project without the final approval of the Army Corps of Engineers.
He also asked about the shoring up of the channel, the height of the bridge, and whether most of the
voters who approved the tax -increment financing district knew what they were voting on.
In response to Mayor Neal, Mr. Escobar said staff has received the 95% submittal from the
Corps of Engineers for both the plans and specifications as well as the engineering support
document. He said they expect the final reports in mid-February, at which time the Corps will also
Minutes - Regular Council Meeting
January 29, 2002
Page 13
publish the environmental information document. He said the Corps has established a series of
public meetings, including one before the City Council, for 60 days. He said depending on funding,
the contract could be awarded in late winter 2002.
Mr. Jose Marroquin, 2433 Allencrest, referred to comments made by City Manager Garcia
during the January 22, 2002, meeting regarding a woman Mr. Marroquin was assisting with her
utility bill. He said he accompanied the woman to City Hall and did not attempt to resolve her
problem by himself. He said he also provided the Council with all the details about that situation so
they would know that sometimes the stated procedures are not properly followed.
Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said there was
a fire the night before at Lost Colony Condominium and it took 13 minutes for the first fire truck to
arrive. He said that is an unreasonable amount of time and the city has a responsibility to provide
services to the citizens now that the city has annexed that area. He said 13 minutes does not comply
with the nationally accepted standard that was approved during a meeting in California in May 2001.
He said while the standard is not a law, many attorneys are reviewing it. He said the response time
should be four minutes for the first unit to arrive and eight minutes for the whole complement. He
said they are asking that the fire station construction project on Mustang Island be accelerated.
Council Member Scott asked Mr. Torres if he thought the Port Aransas Fire Department
should have been called to the Lost Colony fire. Mr. Torres said he did not know whether the city
has a mutual aid agreement with Port Aransas, although Corpus Christi is responsible for that area.
City Manager Garcia said Port Aransas has a volunteer fire department and their response
time is substantially longer than the response time provided by the Corpus Christi Fire Department.
Mr. Torres reiterated that 13 minutes was an excessive amount of time. Mayor Neal said the
standards referred to by Mr. Torres do not apply in Texas and are only guidelines. Mr. Torres replied
that they were voted on by over 2,600 members of the International Association of Firefighters. He
said they are trying through legislative means to make those standards become law.
Responding to Mr. Scott, Mr. Garcia said the city's firefighters did an outstanding job
fighting the fire last night because they had oriented themselves to the hydrants and equipment in
that area. He said the citizens on the island are being well served and he added there is a specific plan
to greatly improve the fire department's response time.
Council Member Noyola asked if a mobile home can be temporarily established until the new
fire station on Mustang Island is constructed. Mr. Garcia said staff would have to find a new fire
vehicle (which costs about $500,000) because the reserve vehicles are old and ineffective. He said
it is also a matter of providing full staffing (four firefighters to a truck), which equates to 12 to 16
additional firefighters. He reiterated that the land for the new station has been identified and the
firefighters are being trained. He said staff can provide a briefing on Mr. Noyola's suggestion. Mr.
Garcia added that the current fire service is a major improvement over the service the island residents
received prior to the annexation. Council Member Garrett asked when ground will be broken on the
new fire station. Mr. Garcia replied in May with operations to commence in September.
Minutes - Regular Council Meeting
January 29, 2002
Page 14
Mayor Neal called for the City Manager's report. Mr. Garcia said the next Council meeting
will be held on February 12th, which will include a joint meeting at noon with the EDC, followed
by the regular Council meeting.
In his report, Mayor Neal said that during a meeting of the South Texas Military Facilities
Task Force, there was a question about the city assisting the military bases in buying their electricity
through the city's aggregated program. Mr. McDaniel said the federal and state entities can receive
better deals than the city can get through its aggregated contract. He said city staff and the consultant
can talk with representatives of the military bases about that issue. The Mayor called for Council
concerns and reports.
Mr. Colmenero reported a possible building code violation at 321 Ohio Street and he
commented on the news that the Mexican consulate is scheduled to close its Corpus Christi office.
Responding to a question from Mr. Colmenero, Mayor Neal said he was not sure how the Council
could involve itself in the issue of the Mexican consulate but he has discussed it with city staff. Mr.
Garcia said staff can provide additional information to the Council on some of the issues surrounding
the decision to close the office. Mr. Colmenero also announced a town hall meeting to be held at Ray
High School on January 31, 2002.
Mr. Chesney said he and other Council members received an email regarding the disparity
in traveling from the Corpus Christi airport to various locations, such as Mexico. He said it cost
almost $800 more to fly from Corpus Christi to Houston to Mexico as it cost to fly from San Antonio
to Houston to the same location in Mexico. He said he would like to relay those concerns to the
airline industry. Mr. Chesney also said he and Mr. Colmenero attended a Chamber of Commerce -
sponsored BRAC update that was very informative. He thanked city staff for meeting with residents
of Chenoweth Street and he asked about the schedule for hearing public comment and taking action
on the marina proposals.
Mr. Garcia said staff is currently giving presentations to groups about the marina proposals
and they have retained a consultant to assess the economic impact of those plans. Mr. Chesney said
someone pointed out to him that the first public comment in front of the Council is scheduled to take
place during the same meeting in which the memorandum of understanding (MOU) will be
considered for action. Mr. Noe said the schedule calls for the Council to endorse staff's
recommendation of a developer selection at the end of March. Then from that point until the end of
May, staff would be involved in negotiating an MOU with a developer, which would be brought
back to the Council for their approval. Additional discussion ensued and Mayor Neal directed staff
to schedule a presentation (as an agenda item) on the three proposals with public comment on March
19th. Mr. Garcia said staff will be ready to make their recommendation at that time.
Mr. Chesney said he had also received an inquiry about the possibility of placing cameras
inside the animal control facility to monitor activities there. Mr. Garcia said he met with a group of
people who asked about placing cameras in that facility. However, he said subsequent to that meeting
it became clear that the people were interested in monitoring the actual euthanasia chamber via a live
internet feed. Mr. Garcia said he does not think that should be allowed.
n
Minutes - Regular Council Meeting
January 29, 2002
Page 15
In reference to Mr. Chesney's comment about airfares, Mayor Neal said the Airport Board
deals with that issue regularly and they have had a number of meetings with the carriers. He
suggested that the Council have a joint meeting with the Airport Board to discuss those issues.
Mr. Kelly said he is impressed with the job Mr. Escobar and his staff did with regard to the
Leopard Street project. Mr. Garrett asked why several cones are still present on Leopard Street. Mr.
Escobar said the contractor is still working on the business's driveways. Mr. Kelly asked for an
update on efforts to assist non-public safety employees. Mr. Noe said the Council authorized the
compensation and classification study this year, which is underway. He said the goal is to have the
preliminary results available in March and April in preparation for the budget process. He said the
study will also provide information about existing benefits and possible ways to improve them.
Mr. Longoria said the Council's Municipal Court Committee is scheduled to meet on January
31st at noon. The committee consists of Mr. Longoria, Mr. Kelly, Mr. Garrett, and Mr. Scott. He said
they are trying to fill two Municipal Court judge positions.
Mayor Neal said he thinks Mr. Carlos Torres and others have raised a legitimate concern
about the delivery of services on Mustang Island. He asked that Fire Chief Adame provide additional
information in the Council's packet about that issue.
Mr. Garrett asked about a question he had previously raised about taxicab inspections. Mr.
Garcia replied that he met with Police Chief Alvarez and the taxicab inspector and they, in turn, met
with the taxicab operators. He said he believes they satisfied the operators' concerns. He added that
he will provide a follow-up report.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:45 p.m. on January 29, 2002.
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