HomeMy WebLinkAboutMinutes City Council - 11/12/2002I 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 November 12, 2002, which were approved
by the City Council on November 19, 2002.
WITNESSETH MY HAND AND SEAL, this 19th day of November 2002.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 12, 2002 - 12:07 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Javier D. Colmenero
Council Members:
Brent Chesney
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 a nd h e
delivered the invocation. 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 joint meeting of October 22, 2002, the regular meeting of October
29, 2002, and the special meeting of November 5, 2002. A motion was made and passed to approve
the minutes as presented.
* * * * * * * * * * * *
*
Mayor Neal deviated from the agenda and opened discussion on Item 24 regarding the Crime
Control and Prevention District five-year plan. He noted that Ms. Linda Bridges, President of the
Crime Control District (CCD) Board, and other board members were ready to give the presentation.
Ms. Bridges pointed out that the district was renewed by the voters on November 5, 2002 by 77.7%.
She said that large margin validates the district's goals and accomplishments to date.
Ms. Bridges said the CCD's goals remain the same: continuing to fund the 50 additional
police officers who are working in high -crime areas of the city; decreasing juvenile crime; addressing
gang issues in Corpus Christi; enhancing technology and equipment for the police; and reducing
citizens' fear of crime. She said that, specifically, the sales tax monies will be used to continue the
funding of the Juvenile Assessment Center (JAC), which works closely with at -risk families,
Municipal Court, law enforcement, local schools, and community service providers to prevent
delinquency among Corpus Christi youth. The JAC will also develop a team of volunteer case
management assistants to work with "middle -risk" families.
Ms. Bridges also discussed the continued funding of the 50 police officers, who are assigned
to the following areas• one in Campus Crime Stoppers; five in bicycle patrol; 10 in the Juvenile
Enforcement Team; one in the canine unit; eight directed patrol officers; three downtown moped
motors; two in the Traffic Safety section; and 20 in routine patrol. She said that in the next six to 12
months, video imaging will be available in the patrol cars. She said that technology will enable
Minutes - Regular Council Meeting
November 12, 2002 - Page 2
officers to pull up mug shots on site. In addition, the district will refine its community policing
efforts and find ways to effectively enhance its contact with the public. She said the CCD board
members will continue to be good stewards of the citizens' money by monitoring expenses to ensure
that they do not exceed revenues. They will also continue to provide updates to the Council.
Mayor Neal said this was a great victory for the district—possibly one of the largest election
margins in the city's history. He thanked Ms. Bridges, the board members, and Police Department
staff for their efforts.
Council Member Garrett said that through his experience with the Police Department, he
knows the importance of providing quality equipment and technology to enable the officers to carry
out their duties. He asked how many police vehicles are provided through CCD funds. Police Cmdr.
Bryan Smith, CCD Coordinator, said they include 15 new police cars, 16 replacement cars, one
prisoner transport wagon, four crime scene technician vehicles, and the canine unit vehicle.
Council Member Scott said the district's funding of neighborhood advisory councils and
graffiti wipe-out programs also reduces crime and improves neighborhoods, one example being Pope
Park and the surrounding area. Council Member Kinnison noted that he served on the CCD board
before becoming a Council member. He encouraged the board to seek out any grant opportunities
and to keep up the good work.
Council Member Kelly said the directed patrol officers have continued to find creative
solutions to citizens' concerns and they have been a great liaison to the Police Department and law
enforcement in general. Council Member Chesney said the board and the Council followed through
on the promises made regarding the district and he asked Ms. Bridges to introduce the other board
members who were present. They were Ms. Vicky Alexander, Mr. Butch Pool and Mr. W.L. Hermis.
Ms. Bridges thanked the Council members for their appointments to the board.
Council Member Noyola congratulated the board and said it should be easier for them to
utilize the funds since the programs are already in place. Council Member Colmenero also thanked
the board and encouraged the Police Department to continue working with Code Enforcement
personnel to address code violations.
* * * * * * * * * * * *
*
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
2. Executive session pursuant to Texas Government Code Section 551.071 regarding Arena
proposals and proposal process, with possible discussion and action related thereto in open
session.
3. Executive session pursuant to Texas Government Code Section 551.071 regarding City of
San Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th
District Court, Cameron County, Texas, and the remaining claim of the City of Corpus
Christi related thereto, and regarding similar claims of the City of Corpus Christi against
other similar entities, with possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
Minutes - Regular Council Meeting
November 12, 2002 - Page 3
Council Member Chesney said he wished to clarify an issue considered during the November
5, 2002, special Council meeting concerning the ranking of contractors for the multi-purpose arena.
He said his intent was that the point totals be disclosed to the public in addition to the Council.
City Secretary Chapa said Council Member Kelly had filed an affidavit in his office regarding
Item 2 on the day's agenda and he abstained from discussing that item during the executive session.
Mayor Neal referred to Item 4 and the following board appointments were made:
Citizens Advisory Health Board
Melinda Gonzales (Reappointed)
Erika Escobedo-Benson (Reappointed)
Karen Beard
Gloria Farias
Landmark Commission
Alan Belcher (Reappointed)
Richard Moore (Reappointed)
Bunny Tinker (Reappointed)
Grandis Lenken (Reappointed)
Thomas Kreneck (Reappointed)
David Blanke
Food Service Advisory Committee
Dovie Jordan
Library Board
Yvonne Klystra (Reappointed)
Margaret Moss (Reappointed)
A.N.M. Waheeduzzaman
Water Resources Advisory Committee
Karen G. Rue, Ed.D.
Weed and Seed Program Steering Committee
Peggy Beasley (Site 1 -Reappointed)
Juan Meave Jr. (Site 2)
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 5-23). City Secretary Chapa
said that Council Member Noyola would abstain on Items 18 and 22. Council members requested
that Item 10 be discussed. There were no comments from the audience. Mr. Chapa polled the
Council for their votes and the following passed:
5. M2002-365
Motion approving the purchase of three (3) riding mowers from Jones Equipment and Turf,
Inc. of Fort Worth, Texas, in accordance with the State of Texas Cooperative Purchasing
Program for a total amount of $33,324. The riding mowers will be used by the Park and
Recreation Department. Funds are available in the FY2002-2003 Capital Outlay Fund.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6. M2002-366
Motion approving the purchase of one (1) line jetting truck from the Houston -Galveston Area
Council of Governments (HGAC), for a total amount of $79,725.55. The award is based on
the Cooperative Purchasing Agreement with HGAC. This vehicle will be used by the
Minutes - Regular Council Meeting
November 12, 2002 - Page 4
Wastewater Department. Funds are available from the FY2002-2003 Capital Outlay Budget.
This item will be an addition to the fleet.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7.a. ORDINANCE NO. 025084
Ordinance appropriating $46,754.62 from the Reserve for Capital Outlay in the No. 5110
Maintenance Service Fund to purchase equipment and amending the FY2002-2003 Operating
Budget adopted by Ordinance No. 024974 to increase appropriations by $46,754.62 in the
No. 5110 Maintenance Service Fund.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7.b. M2002-367
Motion approving the purchase of seven flatbed trailers from H&V Equipment Services of
Corpus Christi, Texas, in accordance with Bid Invitation No. BI -0007-03 based on low bid
for a t otal amount o f $ 46,754.62. T he trailers w ill b e u sed b y S tormwater, W ater and
Wastewater Departments. Three items are replacements and four are additions to the fleet.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8. M2002-368
Motion approving a supply agreement with Univar, USA Inc. of Corpus Christi, Texas, for
approximately 1,312,079 pounds of sodium bisulfite in accordance with Bid Invitation BI -
0006 -03 based on best and lowest bid for an estimated annual expenditure of $190,251.46.
The term of the contract will be for twelve months with an option to extend for up to two
additional twelve-month periods subject to the approval of the supplier and the CityManager
or his designee. Funds have been budgeted by the Wastewater Department in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
9. M2002-369
Motion approving a software maintenance and licensing supply agreement with SHI-
Government Solutions of Austin, Texas, for Novell NetWare Operating System, Novell
GroupWise and Novell ZENworks in accordance with the State of Texas Cooperative
Purchasing Program for an estimated annual expenditure of $84,283.93. The term of the
contract will be for twelve months with an option to extend for up to two additional twelve
month periods subject to the approval of the supplier and the City Manager or his designee.
Minutes - Regular Council Meeting
November 12, 2002 - Page 5
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
11. M2002-371
Motion authorizing the City Manager or his designee to execute an engineering services
contract with Shiner, Moseley and Associates Inc. of Corpus Christi, Texas, in an amount
not to exceed $99,700 for the J.C. Elliott Landfill Sector 10 liner improvements.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.a. M2002-372
Motion approving the reimbursement application for $48,517 submitted by Shell
Development Joint Venture, owner and developer of Barclay Grove Unit 7 Subdivision, for
the installation of 2,125 linear feet of an off-site 12 -inch PVC sanitary sewer collection line.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
12.b. ORDINANCE NO. 025085
Ordinance appropriating $48,517 in the Sanitary Sewer Collection Line Trust Fund No. 4220
to pay Shell Development Joint Venture's reimbursement request for the installation of2,125
linear feet of an off-site 12 -inch PVC sanitary sewer collection line to develop Barclay Grove
Unit 7 Subdivision.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
13. RESOLUTION NO. 025086
Resolution recognizing public necessity of acquiring utility and construction easements for
the southside water transmission main project, Phases 2, 2a & 3, for utility and other
municipal purposes in connection with said project; and authorizing acquisition by means
of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in
acquiring said easements.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
14. M2002-373
Motion authorizing the City Manager or his designee to execute a real estate sales contract
with Gus Montis, in the amount of $121,500 plus $1,500 in closing costs and an additional
Minutes - Regular Council Meeting
November 12, 2002 - Page 6
amount not to exceed $10,000 for relocation assistance to cover moving costs and incidental
expenses in connection with a replacement business property, all for the purchase of fee
simple property rights for Parcel 2, being all of Lot 12, Block 1, Mount Vemon Subdivision,
with street address of 4902 Everhart Road, necessary for the McArdle Road street
improvement project, Phase 3.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
15.a. M2002-374
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $73,420 from the Texas Department of Transportation for funding of a Driving While
Intoxicated Selective Traffic Enforcement Project (STEP) in the Police Department for
overtime DWI enforcement and to execute all related documents.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
15.b. ORDINANCE NO. 025087
Ordinance appropriating $73,420 from the Texas Department of Transportation for a funding
for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the No.
1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
16.a. M2002-375
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $18,115 and execute a contract with the Corporation for National and Community Service
for the continuation of the Retired and Senior Volunteer Program.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
16.b. ORDINANCE NO. 025088
Ordinance appropriating a grant in the amount of $18,115 awarded by the Corporation for
National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired
and Senior Volunteer Program.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
November 12, 2002 - Page 7
17.a. M2002-376
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $4,375 and execute a contract with the Corporation for National and Community Service
for the continuation of the Senior Companion Program.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
17.b. ORDINANCE NO. 025089
Ordinance appropriating a grant in the amount of $4,375 awarded by the Corporation for
National and Community Service in the No. 1050 Federal/State Grants Fund for the Senior
Companion Program.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
18. ORDINANCE NO. 025090
Ordinance authorizing assignment of hangar and fixed base operator's lease with the City of
Corpus Christi from Mercury Air Group Inc. to Mercury Air Center -Corpus Christi Inc. with
Mercury Air Group Inc. to remain liable for performance of the lease terms.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
19.a. ORDINANCE NO. 025082
Ordinance adopting and levying a sales and use tax for the purpose of continuing to finance
the operation of the Corpus Christi Crime Control and Prevention District as approved by the
voters of Corpus Christi in Proposition 1 at the election on November 5, 2002; declaring the
results of the election continuing said district; providing an effective date.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
19.b. ORDINANCE NO. 025083
Ordinance adopting and levying a sales and use tax of one-eighth of one percent for purposes
authorized by Section 4A of the Development Corporation Act as approved by the voters of
Corpus Christi in Propositions 2, 2A, and 2B at the election on November 5, 2002; providing
an effective date.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
November 12, 2002 - Page 8
20. FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
Jesus Joe Mondragon, doing business as Corpus Christi City By the Sea Girls Fast Pitch
League, for the use of a portion of Botsford Park for its softball program and in consideration
of Corpus Christi City By the Sea Girls Fast Pitch League maintaining the premises and
improvements.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21. FIRST READING ORDINANCE
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
Jesus Joe Mondragon, doing business as South Texas Pop Warner Youth Football Central
Corpus Christi Association for the use of a portion of Botsford Park for its football program
and in consideration of South Texas Pop Warner Youth Football Central Corpus Christi
Association maintaining the premises and improvements.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
22. ORDINANCE NO. 025091
Ordinance authorizing the City Manager or his designee to execute a long-term lease
agreement with Host International Inc. of Bethesda, Maryland, for the operation of a news
and gift concession at the Corpus Christi International Airport for a term of ninety-six
months.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
23. ORDINANCE NO. 025092
Ordinance authorizing the City Manager or his designee to execute an amendment to the
lease a greement e xecuted w ith N oble F ood S ervices Inc. o f C orpus C hristi, T exas, o n
November 21, 2000, by Ordinance No. 024289, and amended on December 11, 2001, by
Ordinance No. 024685, to extend the term of the lease from 3:01 a.m. January 1, 2003, until
3:00 a.m. August 1, 2004.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor N eal o pened d iscussion o n I tem 10, computer u pgrade. R esponding t o C ouncil
Minutes - Regular Council Meeting
November 12, 2002 - Page 9
Member Kinnison, Ms. Lee Aim Dumbauld, Finance Director, said the funding for this item is from
the 1998 C.O. bond funds that were used to originally acquire the PeopleSoft system. She said the
project is closed and the remaining funds are not being taken from any other bond proceed project.
She said there was $700,000 left for automation, of which $300,000 will be used to do the upgrade.
The remaining amount will be used for records management and imaging. City Secretary Chapa
polled the Council for their votes as follows:
10. M2002-370
Motion authorizing the City Manager or his designee to enter into a contract with Precision
Task Group Inc. (PTG) of Houston, Texas, for consulting services for the PeopleSoft
financial applications upgrade in accordance with the State of Texas Cooperative Purchasing
Program for an amount not to exceed $300,000.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to the remaining presentations on the day's agenda. The second
presentation (Item 25) was regarding Propositions 2, 2A and 2B of the November 5, 2002, election.
Deputy City Manager Noe said the 1/8th cent sales tax—approved under Section 4A of the statute—
will be implemented by the Corpus Christi Business and Job Development Corporation (4A Board).
Mr. Noe said the sales tax becomes effective April 1, 2003 and the city will begin receiving
the first receipts in early June 2003. He said the 4A Board held a workshop on September 3, 2002,
to discuss Section 4A of the statute and the proposed ordinance provisions, including the kinds of
things on which the monies can be spent. In addition, the board received a briefing from
representatives of the Corpus Christi Regional Economic Development Corporation (EDC) on how
other cities are expending funds under Section 4A. The board members requested additional
information regarding other cities' policies, which city staff provided, but the board has not actually
formulated policies and procedures for Corpus Christi's use of the sales tax.
The Deputy City Manager then discussed the status of the minor league baseball stadium
(Proposition 2A). He said city staff continues to talk with representatives of the Port of Corpus
Christi Authority regarding land acquisition and an appraisal has been acquired by both the city and
the port. City staff have also had an ongoing dialogue with RSR Sports, headed by Mr. Reid Ryan,
on the terms and conditions of a memorandum of understanding between the city and RSR Sports
that will serve as the business terms for a detailed lease document. He also discussed the timing of
the action plan with the intention of selecting a design team by next spring.
He said the overall plan of action is for the 4A Board to go through a more deliberate
planning process to develop a 15 -year revenue projection and operating plan as well as a strategic
plan for the first five years. He said that in April 2003 the board will recommend to the Council a
budget for the remaining two months in FY2003 and the 12 months of FY2004 and they will
commence operations on June 1, 2003.
Minutes - Regular Council Meeting
November 12, 2002 - Page 10
Mr. Noe said that the affordable housing element (Proposition 2B) has many options. He said
the city currently has an affordable housing program using federal HOME dollars but it is more
restrictive than the program that will be developed under the sales tax. He said staff will be
researching different kinds of affordable housing programs and then a final plan will be adopted by
the 4A Board in March 2003.
Using FY2003 dollars, the annual revenue from the 1/8th cent sales tax is estimated to be
$4.2 million. He said assuming that 15 -year taxable debt will be issued, the baseball stadium's debt
service should be about $2.1 million (although staff does not yet know if the debt will be taxable or
tax-exempt). He said the affordable housing allocation is $500,000 per year which means, in today's
dollars, that the balance available for economic development is $1.6 million. He said that figure
should increase each year as the sales tax grows.
Mr. Noe pointed out that t he passage of the three propositions will result in increased
responsibility for the 4A Board members, who are volunteers. Up to this point, the administrative
support for the board has been provided through the Office of the City Manager, who is interested
in creating a new unit through the General Fund to accommodate that additional responsibility.
City Manager Garcia said there is a great deal of interest in the community regarding how
the sales tax revenues will be spent and who will have access to them. He said the main point was
that these monies will be used for building the economy through the development of new jobs. He
noted that both the 4A Board and the Council will have to approve all of the expenditures, similar
to the Crime Control District. He said staff's plan is to not use any of the money for administrative
purposes but they will bring more detailed guidelines to the Council. He said the EDC will partner
with the city on this endeavor.
Council Member Kinnison asked if the 4A Board has the option to do short-term financing
to accelerate the availability of the funds. Mr. Noe replied affirmatively, saying that the cost of
interest expense would be added. With regard to the stadium costs, Mr. Noe said he is assuming a
$21 million principal amount over 15 years. He said the previously mentioned figure of $15 million
was just for construction and did not include costs for engineering, land and project management.
Responding to other questions from Mr. Kinnison, Mr. Noe said that any agreement with the
port is contingent upon having an agreement with RSR Sports for the construction of the stadium
and the availability of a baseball team. He said this is an illustration of one option the 4A Board
could pursue; they could also recommend to the Council that the stadium be paid for with cash.
Mr. Kinnison said he hopes the Council and the 4A Board will continue to emphasize the
importance of creating long-term job opportunities in the community. He said they may receive
funding requests from entities which may not have been able to receive bank funding for good
reason. With regard to Proposition 2B, Mr. Kinnison said that key issue is home ownership.
Council Member Scott asked that the Council receive a copy of the survey of other cities'
policies regarding Section 4A. He said they should explore several options for administering the
housing program and he asked how Round Rock constructed their stadium. Mr. Noe said Mr. Ryan
has discussed ways in which he would like to see Corpus Christi's stadium built. Mr. Scott said he
Minutes - Regular Council Meeting
November 12, 2002 - Page 11
is sure that the 4A Board members will be very careful in how they administer the sales tax monies.
Responding to Council Member Colmenero, Mr. Noe said they will seek additional staff
support on the economic development side since t here a lready are employees who work with
affordable housing, although they will also have to work with the 4A Board. He added that he
believes the board members will be open to input from the community with the intention of making
recommendations to the Council in April 2003.
In reply to Council Member Longoria, Mr. Noe said the 4A Board could sell bonds off of the
$500,000 for affordable housing as long as they meet the statute's criteria, which are different for
the HOME program. Mr. Longoria said he thought the city would have more flexibility under its own
affordable housing program. Mr. Noe referred to a July 17, 2002 memo to the Council from City
Attorney Bray which discussed the statute's limits. Mr. Longoria said he agrees with Mr. Kinnison
that the goal should be home ownership and Mr. Noe said staff will communicate the Council's
intention to the 4A Board. He added that they can schedule a joint meeting with the board members
to discuss those issues.
Mr. Longoria said he does not want the city to duplicate the EDC's efforts. Mr. Garcia said
that in the past, it has been difficult for EDC representatives to close deals with interested parties
unless they have a lot of input from the city regarding roads, lands, utilities, zoning changes, etc. He
said because of the number of prospects they are anticipating, the city needs a full-time staff person
to work closely with Mr. Ron Kitchens, President and CEO of the EDC.
Mr. Longoria asked how the 4A Board will go about allocating the funds. Mr. Noe said the
board will adopt policies and criteria and those seeking funding will first go through a review
process. He said the real question will be how frequently and how much money the board will set
aside for allocations. Mr. Longoria said he wants to ensure that there will not be just one group that
will be making requests for funds. Mr. Noe said the process is open to any group that has a legitimate
request which meets the criteria.
Council Member Noyola asked how increased funds from growth in the sales tax will be
allocated. Mr. Noe said the maximum amount that will go toward affordable housing is $500,000
per year and the debt service on the baseball stadium will be a fixed amount; consequently, increased
funds will accrue to the economic development portion. Responding to other questions from Mr.
Noyola, Mr. Noe said that job training is an eligible criterion. Mr. Garcia said the state statute sets
out the number of 4A Board members, which is five.
Council Member Kelly said there is no question that home ownership was the Council's
objective with regard to affordable housing and they need to get the most for taxpayer's dollars. He
said there is a huge inventory of existing housing that can be tapped into and one of the impediments
to people acquiring homes has been the lack of education and identification. He said to address that
problem, the city should have an outreach component in order to partner with neighborhood schools,
churches and civic organizations who know of good candidates for these mortgages. He said city
employees should also have access to the program and he hopes they can help many families.
Mayor Neal recessed the regular meeting to read the day's proclamations.
Minutes - Regular Council Meeting
November 12, 2002 - Page 12
The Mayor reconvened the meeting and Mr. Noyola asked for clarification about a statement
made by Mr. Garcia during the discussion of Proposition 2 (Item 25). Mr. Garcia said there is a lot
of economic activity in Corpus Christi with businesses that have less than 10 employees. Mr. Noyola
said that local businesses were a large reason for the success of Proposition 2. Mr. Garcia said the
key is targeting job growth.
* * * * * * * * * * * *
*
The third presentation (Item 26) was regarding Proposition 4, marina leases and development.
City Manager Garcia said that in June 2001 the Council approved the marina request for proposals
and by October about 25 responses had been received. Three finalists were selected and in January
2002 staff selected Landry's Restaurants Inc. as the group with which they would like to negotiate.
From January to March 2002, staff presented the three finalists' proposals to community groups and
during public hearings. In April the Council authorized staff to proceed with the negotiations with
Landry's and in June and July the stakeholders group held several meetings. From June through
August, city staff and Landry's representatives met to negotiate the memorandum of understanding
(MOU) until Landry's suspended negotiations following the presentation of the charter petitions.
Mr. Garcia said Landry's was aware of the outcome of the November 5, 2002 election. He
spoke with them the following day and they indicated that during the six-month interim, Landry's
was involved in significant development activities. He said they are purchasing the Salt Grass
Steakhouse restaurant chain and they were chosen as the successful bidder for the renovation of the
flagship hotel and pier in Galveston. Mr. Garcia said that Mr. Greenberg indicated that they were
working on their corporate finances and, while they are still very interested in coming to Corpus
Christi, they will not have any definitive information until after today.
Mayor Neal asked if this was the same MOU that was released to the public a few weeks ago,
and Mr. Garcia said it was. The Mayor asked Mr. Garcia if he has had any public input or comment
on the contents or style of the proposal. Mr. Garcia said he has not.
Council Member Kinnison said that if city staff receive word from Landry's that they are
ready to resume negotiations, he would like the Council to discuss the MOU; specifically, the
direction it appeared to be heading in at the time negotiations were suspended. He said it is important
that staff have a clear understanding of the Council's expectations. Mayor Neal asked Mr. Kinnison
if he has given staff any written suggestions about the MOU and Mr. Kinnison said he has expressed
concern about certain areas but he has not provided anything in writing.
Council Member Scott said they had always intended to have an open, participatory process
but that got lost in the rhetoric of the campaign. Mayor Neal said that assuming they are able to reach
agreement on the MOU, that document will be taken back to at least three entities—the Water/Shore
Advisory Committee, Parks Board and the Planning Commission, all three of which provide public
hearings. The MOU will then be reviewed again by the Council and, if they agree, staff will be
authorized to enter into a lease agreement.
Mr. Garcia said that in addition to those three groups, staff can discuss the MOU with others
who request it just as they did at the beginning of the process. He noted that while the MOU is
Minutes - Regular Council Meeting
November 12, 2002 - Page 13
purposefully brief, the lease agreement will probably be five times as long and very detailed. He said
there is a separate process for review of the proposed lease agreement prior to the Council taking
action on it.
Mr. Scott asked if the MOU addresses management of the marina. Mr. Garcia said there were
two major divisions -one dealt with the leases for the restaurant sites and the entertainment area and
the other dealt with the management of the marina itself. He said part of what they were still
negotiating was the standard of maintenance. Mr. Scott asked if the Council will see the proposed
development plans. Mr. Garcia said they will be attached to the MOU. He added that both parties
would have to agree to the lease extensions.
Council Member Kelly said one of the reasons he voted for Landry's proposal was because
he believed they had the financial resources and in-house talent to create the development they
wanted. In light of Landry's other commitments, he asked if they will still be able to provide those
elements. Mr. Garcia said there is no question that the financial landscape has changed for Landry's
as a corporation. He said staff is updating their financial research to ensure that the information is
current. Mr. Kelly asked where the city stands if either Landry's or the city decides not to do the
project at this time. Mr. Garcia said in that case they would be back at square one.
Responding to Council Member Colmenero, Mr. Garcia said the scale of the project
increased from its conception and the question now is whether the city and Landry's can conclude
that transaction. Mr. Colmenero said they need to maintain very clear language in their dealings with
Landry's and he asked staff to continue to generate ideas.
Council Member Noyola said he has not received any input from the public regarding the
MOU. He asked how long it might take to finalize negotiations with Landry's if they agree to do so.
Mr. Garcia said when the negotiations were suspended, they were within one to two sessions of
finalizing the agreement. If negotiations resume, it could take about two to three weeks to conclude
negotiations and another three weeks for the public input before they can bring an agreement to the
Council. He said they are six months behind at this point. Mr. Noyola said it is important for the
public to provide their input.
If Landry's chooses not to resume negotiations, Council Member Chesney asked whether the
Council would have to start over or whether they could choose one of the other two proposals. Mr.
Garcia said part of the reason Landry's was the only viable option was because neither of the other
two proposers were going to make any private investment in the marina—they were going to look for
financing for the development. Mr. Chesney said he liked International Marina's Fisherman's Wharf
concept. Mr. Garcia said they could review the other two proposals.
Council Member Longoria said they have had considerable debate about the marina
development and while Landry's financial situation may have changed, the city's has as well. He said
he feels the city's plans have been well -thought out and they are proceeding accordingly. Mr. Scott
said he likes what he has heard today but he was alarmed by one of the other group's proposals to
put what looked like a two- to three-story shed on the L -Head. He said he believes there will be
ample opportunity for public input. Mr. Kinnison said he wants one last opportunity before Mr.
Garcia and his staff go back to the negotiating table to bring up concerns that he has.
Minutes - Regular Council Meeting
November 12, 2002 - Page 14
Mayor Neal said if they hear that Landry's is ready to resume negotiations, they can put this
item back on the agenda for the next Council meeting. He asked the Council to relay their concerns
in writing so they can publicly discuss them. He also suggested that the public contact Mr. Noe or
Council members if they have questions or concerns. The Mayor also read an email from Ms. Sandra
Welch, who said it is difficult to believe that there is no financial kickback to Mr. Garcia or the
Council on the Landry's issue. The Mayor said he felt insulted by Ms. Welch's comments and he
assured her that there has never been any attempt by anyone to influence the decisions on this
Council by offering any kind of financial incentive to the Council members.
* * * * * * * * * * * * *
The fourth presentation (Item 27) was an update on the Packery Channel project. Mr. Angel
Escobar, Director of Engineering Services, explained that Packery Channel, originally known as
Corpus Christi Pass, was the only tidal inlet providing access to Corpus Christi Bay and the Laguna
Madre before construction of the ship channel in Port Aransas in 1923. Sand deposits increased in
Packery Channel and it finally closed in the late 1920s after the new ship channel was developed.
Mr. Escobar also reviewed the following actions relating to Packery Channel: on April 7,
2001, c ity v oters approved the tax increment financing (TIF) district necessary to support the
dredging and maintenance of the channel; on April 10, 2002, the beachfront construction certificate
was approved by the city's Concurrent Beach Dune Committee; on May 29, 2002, the dune
protection permit was approved by the Nueces County Commissioners Court; and on June 14, 2002,
the draft environmental impact statement was published by the Environmental Protection Agency.
Mr. Escobar also further discussed how a TIF district operates and the proposed project
layout. He noted that an island has been designated as the maintenance materials placement area
(rather than Packery Point Park). Planned improvements include the causeway area access point, a
boat ramp at Packery Point Park, northside wetlands area, Northside Channel Park and Northside
Beach Park and beach access parking.
He said that in February 1999 the original project was estimated to cost $30 million. After
working with the Corps of Engineers (COE), staff revised the project cost in October 2002 to now
be $26,905,952, which is subject to change based on the final cost estimates to be completed by the
COE in December 2002. In addition, there is required mitigation in the amount of $1,250,000 and
monitoring of the Mollie Beattie Coastal Habitat Community (Item 34 on the day's agenda) at a cost
of $541,000, for a total project cost of $28,696,952.
Mr. Escobar said if the proposed lease is approved by the Council, the final environmental
impact statement will be released in December 2002 or January 2003 as well as the release of the
project report to Washington by the COE Galveston District Office. Also in January 2003, the
project cooperation agreement can be approved.
Mayor Neal asked for an update on the $4 million appropriation request before Congress. Mr.
Tom Utter, the city's consultant, said there was $4 million in both the House and the S enate
appropriations committees but they have expired. He said they anticipate the city's request to again
be included in the new appropriations bills in both houses. Mayor Neal asked how that affects the
Minutes - Regular Council Meeting
November 12, 2002 - Page 15
project schedule. Mr. Utter said the COE is looking into the ability to advertise prior to the
appropriations being made; however, he said he cannot give a definitive answer at this time.
Referring to Item 34, Council Member Scott said this is an important hurdle they are clearing
today. Mr. Utter agreed that this represents the actual lease from the General Land Office for over
650 acres running from out in the Gulf of Mexico west to the Laguna Madre. City Attorney Bray
distributed changes made today by the Texas School Land Board in Austin.
Mr. Utter said this lease contains the project's mitigation plan, which was developed by
several entities and places all the funds for mitigation into the protection of Shamrock Island. In
addition, a five-year monitoring program has been designed for the Mollie Beattie Coastal Habitat
Community. Mr. Scott discussed the importance of these actions. Mr. Utter said that once the project
cooperation agreement is signed, the project will be advertised, a construction contract will be
awarded and it will be built. Mr. Escobar recognized Joe Trejo, Jay Reining and Felix Ocafias for
their efforts on this project.
Council Member Kinnison asked about the time line of city funding. Ms. Dumbauld said the
city's financial advisors plan to market the bonds in mid-December, which will allow the Council
to close on them in January 2003 within the required 45 days. She said the plan is to issue $2 million
at this time and request that the Council create the North Padre Island Development Corporation. Ms.
Dumbauld said she believes the financial advisors will be able to market the rest of the bonds based
on the commitments they have.
Mayor Neal said it is very important that this project stay on schedule as much as possible
so the bidding process can begin in early spring 2003. A motion was made and seconded to amend
Item 34 as indicated by Mr. Bray; the motion passed. There were no comments from the audience.
City Secretary Chapa said that Council Members Garrett and Kelly had filed affidavits and would
abstain from voting on Item 34. Mr. Chapa polled the Council for their votes as follows:
34. RESOLUTION NO. 025101
Resolution authorizing the City Manager or his designee to execute Coastal Lease No.
CL20020005 with the State of Texas for the North Padre Island Storm Damage Reduction
and Environmental Restoration Project (Packery Channel Project) and implement project
mitigation and the memorandum of understanding regarding the monitoring of the Mollie
Beattie Coastal Habitat Community and Mollie Beattie methodology.
The foregoing resolution passed by the following vote: Neal, Chesney, Cohnenero,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining.
* * * * * * * * * * * * *
Mayor Neal referred to Item 28 and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
28. Case No. 0902-03, Christus Spohn Health System: A change of zoning from an "A-1"
Minutes - Regular Council Meeting
November 12, 2002 - Page 16
Apartment House District with a "SP" Special Permit and "AB" Professional Office District
with a "SP" Special Permit to a "B-2" Bayfront Business District on Ocean View Addition,
Block I, Lots 4, 5, and 6, and Block IIA, part of Lot 3, located on the west side of Ocean
Drive; approximately 150 feet south of Morgan Avenue.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-2" Bayfront Business District. No one appeared in opposition to the zoning change. Mr. Scott
made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa
polled the Council for their votes as follows:
ORDINANCE NO. 025093
Amending the Zoning Ordinance upon application by Christus Spohn Health Systems by
changing the zoning map in reference to Lots 4, 5, and 6, Block I, and part of Lot 3, Block
IIA, Ocean View Addition, from "A-1"/SP Apartment House District with a Special Permit
and "AB"/SP Professional Office District with a Special Permit to "B-2" Bayfront Business
District; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Noyola, and Scott voting "Aye"; Kelly and Longoria absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 29 and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
29. Case No. 0902-04, Jim Walter Homes, Inc.: A change of zoning from a "F -R" Farm -Rural
District to a "B-4" General Business District on 2.0936 acres out of a 160.62 -acre tract out
of the Gregorio Farias Grant, located on the east side of U.S. Highway 77, approximately 800
feet south of County Road 52.
City Secretary Chapa said the Planning Commission and staff recommended approval of a
"B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Garrett
made a motion to close the public hearing, seconded by Mr. Longoria, and passed. Mr. Chapa polled
the Council for their votes as follows:
ORDINANCE NO. 025094
Amending the Zoning Ordinance upon application by Jim Walter Homes Inc. by changing
the zoning map in reference to 2.0936 acres out of a 160.62 -acre tract out of the Gregorio
Farias Grant, from "F -R" Farm -Rural District to "B-4" General Business District; amending
the comprehensive plan to account for any deviations from the existing comprehensive plan.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
Minutes - Regular Council Meeting
November 12, 2002 - Page 17
Mayor Neal referred to Item 30 and a motion was made, seconded and passed to open the
public hearing concerning the adoption of the City of Corpus Christi Parks, Recreation and Open
Spaces Master Plan. Mr. Dan Whitworth, Director of Park and Recreation, said that on October 8,
2002, a detailed presentation about the proposed plan was made to the Council, after which
presentations were made to the Park and Recreation Advisory Board (which approved the plan) and
the Planning Commission.
Mr. Whitworth said the Planning Commission suggested several changes (outlined on pages
257 and 258 of the agenda packet). He said those recommendations, which were incorporated into
the document, are as follows: delete any suggestions or examples identifying a specific dollar amount
in all discussions and text related to modifying the city's current parkland dedication ordinance;
reinstate park planning staff positions to the Park and Recreation Department at some point; delete
the words "too much attention" on page 9, Item F-3 of the summary of recommendations relating
to waterfront areas versus inland parks; and add a statement that the development of a detailed open
space acquisition target plan should be pursued by the Park and Recreation Department as staff and
funding become available.
There were no comments from the audience on Item 30. Council Member Colmenero made
a motion to close the public hearing, seconded by Council Member Longoria and passed.
Council Member Kelly asked what type of relationship the city will have with Nueces County
regarding the development of both entities' parks. Mr. Whitworth replied that the plan does not have
specific details on that issue; however, his department's position is to work closely with the county
to ensure that the open spaces provided to citizens are the best utilization of their taxes. He said city
staff would like to talk with county staff about potential joint ventures. In addition, a few of the most
recent appointments to the Park and Recreation Advisory Board had experience with the Nueces
County Park Board.
Mr. Longoria said he wants to be sure that the plan does not take away from the development
of the bayfront parks. Mr. Whitworth said the Planning Commission had expressed similar concerns,
which is why some of the plan's wording was changed. While not de-emphasizing the bayfront
parks, the plan raises the issue that there is work to do on the neighborhood parks throughout the
city. Mr. Longoria said he agrees, adding that those improvements will be driven by the budgetary
process. Mr. Whitworth said the plan looks at the neighborhood parks in sectors and suggests
working with citizens to identify which parks will receive the highest development while others will
be candidates for "adopt -a -park" efforts.
Council Member Chesney asked about a possible festival site. Mr. Whitworth said it is
mentioned in the plan but currently there is not a site or a funding source identified. Mr. Chesney
said this is a well-done plan in terms of what the needs are and what the city can handle. He noted
that the kick-off for Pope Park was held last weekend and that effort was a direct result of both the
Crime Control District and the Friends of the Park movement.
Responding to Council Member Kinnison, Mr. Whitworth said that while the plan contains
estimated costs that would be needed to achieve what is outlined in the plan, all of the projects come
back to the Council via the capital improvement program (CIP) for funding. Mr. Kinnison said since
Minutes - Regular Council Meeting
November 12, 2002 - Page 18
the city has so many capital needs, it will be impossible to fund them all and they will have to make
choices about which ones to pay for. Mr. Whitworth said his staff has worked with the Budget Office
to ensure that the projects in the park plan are at least ready to be considered in the CIP. Mr.
Kinnison added that some of the park needs involve ongoing costs in the General Fund and it is up
to the Council to try to get some of the elements of the plan implemented.
Mr. Colmenero said this is an excellent plan and he suggested that the Police Department's
neighborhood advisory councils may be good sources of information and input in prioritizing the
development of neighborhood parks.
Council Member Scott referred to the section regarding the Navy site/Oso soccer fields
(enhancement of existing facility). He said the Navy has said they cannot give the city that land
because they may expand the runway but the city is not willing to spend money on land it does not
own. He said the parents of many of the children who play there are in the military and he suggested
that staff seek assistance from Congressman Solomon Ortiz. Mr. Whitworth said that in 1986 the city
obtained administrative control of some land for a period of time to allow for that development.
Mr. Scott also asked whether the city would consider waiving the park dedication
requirement on the island north of Packery Channel since the beach is available for citizens' use. Mr.
Whitworth said he would be hesitant to do away with the park dedication because it is also a resource
for the city to protect environmentally sensitive areas that may be marginally developable. He added
that that is a valid point for further review.
Council Member Noyola agreed that this is a very good plan although prioritization will be
difficult. He said there are new members of the Commissioners Court and he hopes the city can work
with the county on joint ventures. City Secretary Chapa polled the Council for their votes as follows:
30.b. FIRST READING ORDINANCE
Ordinance amending the Comprehensive Plan to the City of Corpus Christi by adopting the
City of Corpus Christi Parks, Recreation and Open Spaces Master Plan, and providing for
repeal of conflicting ordinances.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal called for a brief recess.
* * * * * * * * * * * * *
Upon reconvening, Mayor Neal referred to Item 31, a public hearing on improvements to
Azores Drive and Catcay Drive. A motion was made, seconded and passed to open the public
hearing. Mr. Escobar said this project is part of the Bond 2000 paving assessment program and it
includes water, wastewater and stormwater improvements in addition to the paving improvements.
He referred to a map to show the location of the two streets. The Mayor called for public comment.
Minutes - Regular Council Meeting
November 12, 2002 - Page 19
Mr. Chris Grimes, 3123 Azores Dr., said he and many other neighbors do not understand why
they are being charged an assessment for these improvements and why there is an interest rate
associated with them.
Mr. Escobar said that two separate petitions for Azores and Catcay were submitted to the city
in December 1987 and were qualified through the Voluntary Paving Program and approved for
funding in the 2000 bond election. He said the city's voluntary assessment ordinance requires that
citizens pay for that portion of work immediately in front of their lot. He said the ordinance also
states that a citizen can pay his assessment in one lump sum (interest-free) or in increments up to five
years (with 8% interest). He added that a public meeting was held on April 11, 2002 at Flour Bluff
Intermediate School to inform the property owners about the projects.
Mr. Grimes said the majority of his neighbors were not aware of the 1987 paving petition and
he submitted a petition signed by 11 property owners. He said many of them wanted to attend this
meeting but could not because they are at work.
Council Member Garrett asked how long the interest provision has been part of the
ordinance. City Attomey Bray replied that the ordinance has been in effect since about the late 1970s
or early 1980s.
Mr. Curtis Babineaux, 3124 Azores Dr., said he was aware of the public meeting but was not
able to attend. He said he also disagrees with the assessment requirement and questioned how the
1987 paving petition can still be in force.
Mr. Escobar said there are 31 properties that front Azores Drive. Responding to Mr.
Babineaux's question, City Manager Garcia said this was a valid petition from the citizens to
improve their street and, because of limited resources, the city is backlogged on these projects and
constructs them as funds permit. He noted that these paving petitions are never unanimous but they
require 51% agreement by the property owners.
Council Member Scott pointed out that the citizens of Corpus Christi voted to tax themselves
to pay for a portion of these street improvements. Mr. Babineaux said he thought that was the
purpose of citizens' taxes. Mr. Garcia said the amount of the construction contract is $883,739.07
while the total of all assessments is $89,821.28, approximately 10%.
Mr. Babineaux said he thinks the city should have a current petition to do this work. Mr.
Scott said part of the problem is that the city did not have a bond election from 1986 until 2000. Mr.
Escobar said the city has spent $110,000 to get to this point. Council Member Longoria said the
citizens may be eligible for assistance through the HOME program.
Ms. Kandy Wheeler, 3121 Catcay Dr., said that most of her neighbors do not have a problem
with this project. She said she was told that someone would contact her regarding payment plans but
they have not yet done so. Mr. Massey said there is still plenty of time to make those arrangements.
Mayor Neal asked about the attendance at the April 2002 public meeting. Mr. Escobar said
there were about 30 people present. He noted that the Laguna Shores and Jamaica Drive projects
Minutes - Regular Council Meeting
November 12, 2002 - Page 20
were also discussed and most of the general public comments were in favor. He said many citizens
want the bridge over the Tropic Isles Channel to be removed. Council Member Chesney said this is
the second time citizens have expressed surprise about an assessment project and he suggested that
something more be done to inform them about these older projects.
Ms. Susan Krzeszewski, 3209 Catcay Dr., said the citizens did vote to repair these streets,
which were listed on the November 2000 ballot and information was available to the public. She said
she supports this project.
Ms. Mary Jane Geckle, 3237 Azores Dr., said they have lived there since 1978 and they have
been waiting for these street improvements for a long time. She encouraged the Council to drive
through the Tropic Isles subdivision, particularly on Bimini and Azores streets. She said that on the
whole, the subdivision is going downhill. She added that it is a citizen's duty to keep informed about
these issues and she encouraged the Council to move ahead with this project.
Council Member Kinnison said that most people do not think they are going to be assessed
when they vote to improve their street. He agrees that some procedures need to be put in place to
prevent future confusion by residents. Council Member Colmenero echoed his comments and said
the streets in that neighborhood need immediate repairs.
Responding to Council Member Noyola, Mr. Garcia said the paving petitions initiated by
property owners indicate that there will be a voluntary assessment. He said the amount they will be
assessed is about one-tenth of the value of the work being done. Mr. Grimes reiterated that they are
not against the street improvements but they object to the assessments.
Mr. Noyola made a motion to close the public hearing, seconded by Mr. Longoria and passed.
City Secretary Chapa polled the Council for their votes as follows:
31.b. ORDINANCE NO. 025095
Ordinance closing the public hearing on proposed assessments for improvements to the
following highways in Corpus Christi, Nueces County, Texas: Azores Drive from Caribbean
to cul-de-sac; and Catcay Drive from Caribbean to cul-de-sac; imposing assessments totaling
$89,821.28 against property abutting the improvements, affected railways, and property and
railway owners; fixing corresponding liens on property and charges against property owners;
providing for subsequent adjustment of assessment amounts and the corresponding liens and
charges based on as -built conditions; specifying assessment payment terms and lien
enforcement measures.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
31.c. M2002-377
Motion authorizing the City Manager or his designee to execute a construction contract with
Salinas Construction of Pleasanton, Texas in the amount of $883,739.07 for the following:
Minutes - Regular Council Meeting
November 12, 2002 - Page 21
Azores Drive from Caribbean to cul-de-sac; and Catcay Drive from Caribbean to cul-de-sac.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to Item 32, rights-of-way closures for the arena. City Secretary Chapa
stated that Council Member Kelly would be abstaining on Item 32. A motion was made, seconded
and passed to open the public hearing. Mayor Neal called for public comment
Ms. Kathleen White said she owns the property at 1525 North Shoreline Blvd. at the corner
of Resaca Street and North Shoreline. She said she and her two tenants do not oppose the closure
of those streets but they have questions about the traffic plan and other issues. Ms. White asked that
the city show consideration for the businesses during the construction of the arena.
Mr. Phillip Monroe said he is the managing partner of the Kirk and Monroe CPA firm at
1525 N. Shoreline. He said both his firm and Design Associates are customer -based businesses and
they rely on adequate accessibility and parking.
Mayor Neal said the city is not closing Resaca Street. Ms. White said all the traffic around
there will be changed but they do not know how. She said they are meeting with staff tomorrow to
discuss these issues. Mr. Escobar showed a diagram of the proposed traffic plan and changes. Mr.
Kevin Stowers, Assistant Director of Engineering Services, said the area being closed is necessary
because of the footprint of the expanded convention center and arena. He said there will be a future
contract for the realignment of the southbound lanes of Shoreline Boulevard. Council Member
Chesney made a motion to close the public hearing, seconded by Council Member Longoria and
passed. City Secretary Chapa polled the Council for their votes as follows:
32.b. ORDINANCE NO. 025096
Ordinance vacating and abandoning a 28,800 -square foot portion of a 80 -foot wide street
right-of-way on Water Street, between the Resaca Street and Hughes Street rights-of-way;
subject to compliance with the specified conditions and the owner replatting the property
within 180 days at the owner's expense.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
32.d. ORDINANCE NO. 025097
Ordinance vacating and abandoning 18,000 -square foot portion ofa 60 -foot wide street right-
of-way on Hughes Street, between the Water Street and West Shoreline Boulevard street
rights-of-way; subject to compliance with the specified conditions and the owner replatting
the property within 180 days at the owner's expense.
Minutes - Regular Council Meeting
November 12, 2002 - Page 22
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
32.f. ORDINANCE NO. 025098
Ordinance vacating and abandoning 62,832 -square feet of the west side portion of the North
Shoreline Boulevard street right-of-way, approximately 792 -feet north of the north right-of-
way line of Resaca Street right-of-way; subject to compliance with the specified conditions
and the owner replatting the property within 180 days at the owner's expense.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 33, commercial revitalization program. Mr. Utter
explained that the first public hearing is to consider the state's plan and the city's local plan. A
motion was made, seconded and passed to open the public hearing. Mr. Utter explained that in early
2002, the U.S. Department of Housing and Urban Development named 40 areas nationwide as
renewal communities eligible for a number of federal tax incentives. Two of those are in Texas—an
area in the City of Corpus Christi and an area in El Paso County.
Mr. Utter said the principal federal tax incentive under the program is the renewal community
commercial revitalization deduction, which allows the deduction of 50% of the cost of construction
or rehabilitation of a commercial structure within the renewal community area during the first year
the structure is placed into service. Alternatively, 100% of the cost can be deducted over 10 years.
He said that under the act, Texas will receive $12 million of commercial revitalization deduction
authorization for each renewal community each year from 2002 through 2009 (the allocation year
runs from January 1 to December 31 of each year).
Mr. Utter said that staff from the City of Corpus Christi wrote a plan and submitted it to the
state. They have been working with the Texas Department of Economic Development and, with the
help of the city's legislative delegation, asked the governor to designate that department as the
commercial revitalization agency for the state. He said the state allocation plan is being considered
by both the Corpus Christi City Council and El Paso County officials. Mr. Utter noted that any
allocation that is not made will be aggregated and used on a first-come, first-served basis;
consequently, this year they feel they can nominate all of the programs.
Mayor Neal called for comments from the public on Items 33.a. -c. and there were none. A
motion was made, seconded and passed to close the public hearing.
Council MemberKinnison asked how long the applicants have to get their projects underway
once they receive an allocation. Mr. Utter said the allocation is valid for two years and many of the
local projects are ready to go. He acknowledged that there are a few that are somewhat speculative.
He commented on the efforts of Ms. Patricia Garcia, city grant writer, and local certified public
accountants in educating people about the renewal community program.
Minutes - Regular Council Meeting
November 12, 2002 - Page 23
Council Member Noyola asked about the old HEB headquarters. Mr. Utter said that building
has been vacant for 17 years and there is a proposal to rehabilitate it and remove asbestos. Council
Member Kelly asked how the proposals will be prioritized if necessary. Mr. Utter said the city has
a strategic allocation plan that involves scoring and ranking projects. He discussed how smaller
projects could receive funding in addition to larger projects and he emphasized that this deduction
program does not involve a cash grant; rather it is a high-grade, accelerated depreciation.
Responding to Council Member Colmenero, Mr. Utter said that monies not used by El Paso
County may be used by the city and they may be able to take additional applications. City Secretary
Chapa polled the Council for their votes on Items 33.b. and 33.c. as follows:
33.b. RESOLUTION NO. 025099
Resolution endorsing the State of Texas Renewal Community Commercial Revitalization
Deduction Allocation Program and State Plan.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
33.c. RESOLUTION NO. 025100
Resolution adopting the City of Corpus Christi commercial revitalization local strategic plan.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Council Member Chesney made a motion to open the public hearing for Item 33.d., seconded
by Mr. Noyola and passed. There were no comments from the public. Mr. Chapa polled the Council
for their votes on the allocations distributed to the Council:
33.d. M2002-378
Motion prioritizing and nominating applications for commercial revitalization deduction
allocations.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to Item 35 regarding the certificates of obligation. The Mayor read the
following statement as prepared by bond counsel: "The city is delaying taking action to award the
sale of the certificates of obligation, notice of the issuance of which was published in the Corpus
Christi Caller -Times on October 5 and October 12, 2002, until a special meeting of the City Council
to be held on November 26, 2002, in the City Council Chambers. The city is delaying taking action
at this time as bids establishing a final guaranteed maximum price for the facilities to be financed
Minutes - Regular Council Meeting
November 12, 2002 - Page 24
with the proceeds of the proposed certificates of obligation have not been reviewed and a contract
to hire a general contractor has not been awarded."
Council Member Scott made a motion to table Item 35 to November 26, 2002; seconded by
Council Member Colmenero and passed.
35. TABLED
lhQuiancc Ly L1S laity l:ouikal of ttic laity of l.oipus ins 1, 1caaS, pun,l'i6 tui tfc
of Cuipua Clulati, Tcnao, ilia jun tacannl uiuuibipal liutc�
UGcupducy tax icVcffuc ccitifcatcs of olillgati0a, Sciics 2002, &.d oiilalilulg otlici uiattci�
lc latulg to the subject.
City Secretary Chapa said they are planning to start the November 26 meeting at 11:30 a.m.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said a Council workshop is
scheduled for November 18, 2002, at 1:30 p.m. to discuss the stormwater master plan and capital
improvement program (CIP). The meeting will be held at the Museum of Science and History.
Council Member Garrett asked if the Stormwater Advisory Committee members will attend and Mr.
Garcia said they have been invited. Mr. Garcia said the next regular Council meeting will be on
November 19, 2002, and it will include a public hearing on the CIP as well as several other items.
Mr. Garcia then asked staff to update the Council on major repairs that are needed as a result
of excessive rains in September and October. Mr. Escobar referred to photos of the damage caused
by the blow-out of the pressure conduit underneath Mesquite Street on October 24, 2002. He also
described the deterioration that is present in that area and the repair work that will be required.
Mayor Neal said they needed to suspend this discussion in order to hear audience petitions.
Mr. Gerald Benadum, a local attorney, said he was representing a group of owners of topless
bars which are classified as "adult lounges" in the city's sexually oriented business ordinance. He
said they are asking that that ordinance be amended to delete the seven-year limitation on the
grandfather clause for existing clubs. He referred to packets he distributed to the Council and city
staff outlining their request and supporting documentation. Mr. Benadum said the ordinance has
restrictions regarding the clubs' location, which are set to go into effect in about July 2003 into "I-3"
Heavy Industrial zoning districts. He said the evidence will show that the clubs are not causing a
serious problem where they are currently located but there is a question about what will happen when
they are concentrated in a certain area.
Council Member Kelly asked about the information in Mr. Benadum's packet regarding
Encore Videos Inc. vs. the City of San Antonio. Mr. Benadum said that in an opinion issued by the
United States Court of Appeals for the Fifth Circuit on October 29, 2002, San Antonio's location
requirements were stricken down as being unconstitutional and it sets out the standards that the Fifth
Circuit will follow. He said that information indicates that Corpus Christi's ordinance is narrowly
Minutes - Regular Council Meeting
November 12, 2002 - Page 25
tailored and the city's burden will be much more difficult. Mr. Benadum said when the ordinance
was adopted in 1996, there were not adequate studies to support it.
Mr. Kelly also asked about a land availability study prepared by Mr. Paul Koepke. Mr.
Benadum said that according to the study, there are at most six sites where the adult businesses will
be able to locate in "I-3," which are all in District 1. He added that the ordinance does not
accommodate all of the adult businesses that currently exist and the courts are clear that the city has
to make a reasonable accommodation for them.
Council Member Chesney said the Fifth Circuit includes the Corpus Christi area. Mr.
Benadum said the district courts will have to treat this opinion as precedent. Mr. Chesney said he
spoke with Mr. Kelly about proposing to change the buffer zone in the ordinance to 2,500 feet
instead of 1,000 feet to address the concerns of people in District 1. Mr. Benadum said the location
restriction is already unconstitutional.
Council Member Kinnison asked Mr. Benadum to further explain his request regarding the
grandfather clause. Mr. Benadum said they are asking the Council to eliminate the seven-year
limitation and make it the same as the non -conforming use exception that exists in the general zoning
ordinance. He said as long as the use of the property continues, that non -conforming use is allowed.
Council Member Longoria asked when the Council will address this issue. Mr. Garcia said
the ordinance has been in effect for six years, which the city is enforcing by not allowing any new
clubs unless they meet the guidelines. He said that six months ago, the city sent the first notices to
the existing adult businesses that the grandfather period will expire in July 2003 and they will have
to relocate; subsequent notices will also be sent.
Mr. Garcia added that City Attorney Bray has not had the opportunity to review this latest
opinion but he will do so expeditiously. However, he said unless the Council takes some action to
reconsider the approval of the existing ordinance, city staff is not proposing that this ordinance be
reconsidered. Mr. Longoria said he is the only current Council member who was involved in that
process in 1996. He said both sides understood that much would change in seven years and that it
would probably be picked up by the current Council. He said some challenges have been raised to
cities' ordinances and he feels the Council should look at this issue. He said they need to consider
if this is worth spending taxpayers' dollars fighting in court. Mr. Bray said he can provide
information by the first meeting in December. The Mayor said they will have an executive session.
Responding to Council Member Colmenero, Mr. Benadum said the adult lounge owners feel
that the ordinance goes too far in its attempts to regulate that type of activity and it is not justified
by the evidence. He said they would prefer to work at the Council level but if that is not possible,
their only recourse is to go to federal court.
Council Member Noyola asked how many clubs existed when the ordinance was adopted.
Mr. Benadum said that today there are 10 licensed businesses and one of those is not in operation
at the moment. He added that he does not represent the adult bookstore, which is also a sexually
oriented business. In reply to another question from Mr. Noyola, Mr. Garcia said the reason the city
can regulate the activity of sexually oriented businesses is because of the effect they have on
Minutes - Regular Council Meeting
November 12, 2002 - Page 26
surrounding neighborhoods, churches and schools. He said if the Council grandfathers permanently,
they basically defeat the purpose of the ordinance by allowing the businesses to continue and they
undermine their ability to regulate at all.
Council Member Garrett said that if the topless dancing ceased in those businesses, they
would not have to relocate. Mr. Garcia agreed, saying that if the activity is removed, the bar itself
does not qualify as a sexually oriented business.
Mr. Neal Trolinger, 221 Riverdale Dr., said he has a web site called votecc.com and part of
its focus is to get the community engaged in political issues. He said the site uses humor to make its
points and he distributed "good sports awards" to Mayor Neal and Mr. Scott.
Ms. Mary Beth Nelson, 2721 Erie Dr., said that a few weeks ago she sent the Council and
city staff a letter regarding her concerns about public access on cable television. She said she
contacted the Legal Department and obtained copies of the response from Time Wamer Cable and
Ms. Beverly Winters with the public access studio. Ms. Nelson said that neither the studio nor the
equipment is operational and while the editing equipment is technically up and running, it is not the
right equipment. She said they have now missed one election because people did not have access to
a studio for freedom of speech. She asked the Council to solve this problem.
Mr. Noyola asked if the city monitors the equipment. Ms. Susan Cable, Director of E -
Government Services, said the city keeps up with the equipment because it maintains ownership and
the equipment has been transferred to the studio and is operational. She said the I/2 -inch editing
suite has completely broken down and Mr. Robert Hughes, who is contracted by the Education
Foundation, has brought some of his own equipment and is working with the users. She said the
Education Foundation is inviting the Council to view the studio. She said the delays with the studio
were caused by the weather and other circumstances.
Mr. Kelly asked if the user group has been fully cooperative in getting the studio up and
going. Ms. Cable said there is more they can do to help support that. She said there has been an
adversarial situation with a small percentage of the people involved. She said she is comfortable with
the progress the Education Foundation has made and Time Wamer has tried very hard to provide
assistance in the transition. Additional discussion ensued.
Mr. Rey Yzaguirre, 4845 Kendall Dr., said he produces a public access television show to
share what he has learned about the Bible. He said he wants to continue with his show.
Mr. Jerome Bradford, 4805 Hamlett Dr., said he is vice president of NUPAC and Ms. Nelson
is the president. He said some of the producers were told they needed to be re -certified. He said the
city was given three-quarter inch equipment and now the studio operators want to go to half-inch
equipment. He said he spoke with Mr. Bob Jones and he referred to a requirement to notify people.
Ms. Cable explained that NUPAC is the public access users group for cable Channel 10 and
their responsibilities include holding a lottery twice a year. She said they are required to notify all
the current producers about the date and time of the lottery and they have the right to charge
producers an annual fee to help fund those postage costs. She said NUPAC is charging members $20.
Minutes - Regular Council Meeting
November 12, 2002 - Page 27
She added that the half-inch editing suite is being repaired. Mr. Kelly asked if the equipment is going
to be obsolete and whether the city knew that. Ms. Cable said some of the equipment is four years
old and some is 10 years old. The Education Foundation is actively looking for replacement
equipment and Time Warner and Grande are contributing $7,000 annually for maintenance costs.
She said the foundation's proposal included intentions to apply for grants. Mr. Colmenero further
discussed different aspects of the equipment.
Mr. R.E. Byars, 4634 Blundell, said the Beverly Winters group has had its own political
agenda, which has been anti -public access television from the outset. He referred to computer
equipment that group acquired from Del Mar College. He also said the inventory submitted to the
city by Time Warner is short and the equipment belongs to the city and the citizens. He said he has
volunteered his time at the studio but he has been rebuffed.
Mayor Neal resumed discussion on the repairs that are needed around the city. Mr. Scott
asked about the target completion date on the drainage area underneath Mesquite Street. Mr. Escobar
said it should take two to three months and it will be paid through utilities reserves. The City
Engineer also discussed damages that occurred at a wastewater treatment plant, lift station and other
areas. Mr. Foster Crowell, Wastewater Superintendent, described why these damages occurred
following the excessive rains in late October.
Mayor Neal thanked city crews for their efforts and commented on the problems that occur
through stormwater infiltration. He also told the Council that they were given evaluation forms for
the City Manager and City Secretary, which t hey w ill d iscuss during an executive session on
November 19. He then called for Council concerns and reports.
Mr. Garrett asked if the Texas Department of Transportation (TXDOT) can give the Council
an update on the JFK Causeway project. Mr. Garcia said he thinks TXDOT officials should also
discuss the imminent closure of one of the highway fly -over ramps and the problem with traffic on
the exit ramps on Weber, Everhart and Staples. A brief discussion ensued.
Mr. Garrett also asked Mr. Garcia to check with the city's cab inspector to ensure that the
city's requirements are not unreasonable. Mr. Garcia said staff has been turning down an increasing
number of cab driver applicants due to criminal histories and felony arrests. He said that has caused
a problem for some of the cab companies which sent over applicants who failed the background
checks. Mr. Garrett said there is a sink hole located at 15300 Bonasse Court in front of his house.
Mr. Chesney said he, Mr. Garrett and Mr. Colmenero are working to reschedule the District
2 town hall meeting, hopefully by the end of the year. He said the Friends of the Park will regroup
once Mrs. Sandy Billish's health improves and he commended the neighbors for their efforts at Pope
Park. He asked about the stormwater workshop. Ms. Valerie Gray, Stormwater Superintendent, said
they are going to post a public notice for the Stormwater Management Advisory Committee and call
each member individually; the Engineering Department will contact each of the members of the
Technical Committee. Mr. Chesney suggested that other groups be notified as well. He also
commented on the renovation of the Education Service Center; a special ceremony at Dawson
Elementary; the Edgeworks film festival that was held last weekend in Corpus Christi; and the
Adoption Awareness Day at West Guth Park.
Minutes - Regular Council Meeting
November 12, 2002 - Page 28
Mr. Scott asked staff to follow up on the high weeds and unkept sidewalks on Whitecap
Boulevard between Park Road 22 and Windward Drive. He complimented the citizens for the results
of the November 5, 2002, election, and he commented on the length of time for a utility
reimbursement. Mr. Scott said his family participates in the recycling program but if the city cannot
increase its utilization, there is a problem. He said the Council received an invitation from the
Mayor's Committee on Recycling. Mr. Bray said they will post that meeting.
Mr. Scott asked about a joint meeting with the county. Mayor Neal said he and Mr. Terry
Shamsie, the new County Judge -Elect, discussed having a joint meeting right after the
Commissioners Court is sworn in. He said he gave Mr. Shamsie seven issues the Council has
discussed over the years involving the county and asked him to do the same.
Mr. Scott said the Dowden Park dedication is October 20 and citizens are planting the 58th
tree at Pope Park on October 15. He reiterated his request to seek assistance from Congressman Ortiz
to help with the Navy soccer fields in Flour Bluff. He also commended city staff for their efforts at
the town hall meeting on Padre Island last night.
Mr. Longoria said sewer lines continue to back up in a residential neighborhood for which
he will provide staff with the specific address. He said he was very disappointed that the San Patricio
Municipal Water District (SPMWD) teamed up with the San Antonio Water System to submit a
competing proposal to the Texas Water Board. Mr. Garcia said he called and wrote to SPMWD
officials, saying that Corpus Christi will formally object to their proposal. Mr. Massey said the
Regional Water Group will address that issue during their meeting on November 14.
Mr. Noyola asked staff to contact TXDOT about unsafe road conditions on Hwy. 44 coming
from the airport. He reported code violations on the 4300 block of Yolanda and West Point and he
requested information about Mr. Amaya's situation, which Mr. Garcia explained. Mr. Noyola said
brush needs to be picked up along Old Brownsville Road and he asked that Mr. Howard David Reyes
be recognized for his service to the airport. The Mayor asked that the Airport Board provide a
recommendation on how to honor Mr. Reyes.
Mr. Colmenero commented on the November 5 election and said he supports a joint meeting
with the county. He addressed the downtown flooding problems and he asked staff to look at traffic
signal synchronization, particularly between Gollihar and Horne roads. He said he will provide staff
with an address of a house being used for storage rather than residential purposes and he said there
is a large pothole at the intersection of Clifford and Alameda.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 7:12 p.m. on November 12, 2002.
************