HomeMy WebLinkAboutMinutes City Council - 01/21/2003I 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 21, 2003, which were approved
by the City Council on January 28, 2003.
WITNESSETH MY HAND AND SEAL, this 281h day of January 2003.
SEAL
it i I
Armando Chapa
City Secretary
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 21, 2003 - 2:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem John Longoria
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
ABSENT
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
First Assistant City Attorney Jay Reining
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 Fred Zumalt, New Wine Fellowship, and the Pledge of
Allegiance to the United States flag was led by Council Member Longoria. 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.
Joined by the Council and the board of the Corpus Christi Convention and Visitors Bureau
(CVB), Mayor Neal read proclamations honoring Mr. Berney Seal and Mr. Bill Pruet, who were
both very strong proponents of the CVB and the City of Corpus Christi. The Mayor also asked
representatives of the Homeless Coalition Partnership to explain a S1.2 million check they received
from the U.S. Department of Housing and Urban Development. Mayor Neal then swore in the newly
appointed board and commission members.
Mayor Neal referred to Item 1 and the following board appointment was made:
Museum of Science and History Advisory Committee
Dr. Sharon Brower
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 2-12). City Secretary
Chapa stated that Council Member Noyola will be abstaining on Items 11 and 12. Council and
audience members requested that Items 4, 5 and 11 be discussed. Mr. Chapa polled the Council for
their votes and the following passed:
2. M2003-021
Motion authorizing the City Manager or his designee to purchase the telephone system from
Minutes - Regular Council Meeting
January 21, 2003 - Page 2
Logical of Irving, Texas, in the amount of $36,245 for the Department of Development
Services One -Stop Center.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
3.a. ORDINANCE NO. 025172
Ordinance appropriating $147,000 from the Unreserved Fund Balance in the No. 5110
Maintenance Service Fund to purchase equipment; amending Ordinance No. 024974 which
adopted the FY2002-2003 Operating Budget by increasing appropriations by $147,000.
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
3.b. M2003-022
Motion approving the purchase of one used rear steer brush loader and one new rear steer
brush loader from Heil of Texas, Irving, Texas, based on sole source for a total amount of
$202,000. The brush loaders will be used by the Solid Waste Department. Funds are made
available through a grant from the Coastal Bend Council of Governments and the
Maintenance Services Capital Outlay Fund. Both units are replacements.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
6. M2003-025
Motion approving a supply agreement with Polydyne Inc. of Riceboro, Georgia, for
approximately 180 tons of liquid cationic polymer solution in accordance with Bid Invitation
No. BI -0049-03 based on low bid, for an estimated annual expenditure of $115,200. The
term of the supply agreement will be for twelve months with an option to extend for up to
two additional twelve-month periods subject to the approval of the supplier and the City
Manager or his designee. The Water Department will use this chemical for the treatment of
our water supply. Funds have been budgeted for FY2002-2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
7. M2003-026
Motion authorizing the City Manager or his designee to execute an extended maintenance
agreement with Positron Public Safety Systems Inc. of Corpus Christi, Texas in the amount
of $120,192.47 for hardware and software support services on the Emergency 911 System.
The term of the contract is for three years.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Minutes - Regular Council Meeting
January 21, 2003 - Page 3
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
8. M2003-027
Motion authorizing the City Manager or his designee to execute a Geotechnical Services
Agreement with Trinity Engineering/Kleinfelder Inc. of Waco, Texas in an estimated amount
not to exceed $53,925 per year for a total not to exceed contract of $107,850 for the J.C.
Elliott Landfill groundwater monitoring and sampling 2003 and 2004 project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
9. M2003-028
Motion authorizing the City Manager or his designee to execute an agreement with ERM
Southwest Inc. of Corpus Christi, Texas, in an amount not to exceed $55,500 for the Corpus
Christi International Airport air traffic control tower and administrative facility asbestos
survey abatement consulting services.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
10.a. M2003-029
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$27,216 from the Federal Emergency Management Agency (FEMA) for the purchase of
three rapid intervention kits.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
10.b. ORDINANCE NO. 025173
Ordinance appropriating $27,216 from the Federal Emergency Management Agency's
Assistance for Firefighters grant program for fire fighting equipment 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, and Noyola voting "Aye"; Scott absent.
12. ORDINANCE NO. 025175
Ordinance authorizing the City Manager or designee to execute a food and beverage
concession lease agreement with MRCC Ltd. for the operation of a food and beverage
concession at the Corpus Christi International Airport in consideration of payment of a fixed
concession fee and the greater of a guaranteed minimum concession fee or ten percent of the
concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic
Minutes - Regular Council Meeting
January 21, 2003 - Page 4
beverage sales for a term of up to 108 months with a five year option to renew upon agreed
terms.
The foregoing ordinance passed on second reading as follows: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4, police package sedans. Responding to Council
Member Garrett, Mr. Mike Barrera, Procurement and General Services Manager, said the Crime
Control District is funding seven of the vehicles, all of which are replacement vehicles. Council
Member Noyola asked about the vehicles that are replaced and Mr. Barrera said they are sold
through auction to the general public. Mr. Jim Davis, General Services, said there is not a consistent
vehicle replacement program for all the departments. Mr. Noyola expressed concern about some of
the city's high -mileage vehicles. City Secretary Chapa polled the Council for their votes as follows:
4. M2003-023
Motion approving the purchase of 37 police package sedans in accordance with Bid
Invitation No. BI -0039-03 from Padre Ford, Corpus Christi, Texas based on low bid for a
total of $787,878. All units are replacements. Funding is available from the FY2002-2003
Capital Outlay Fund and the Crime Control and Prevention Fund.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 5, tire disposal service. In reply to Council Member
Colmenero, Mr. Barrera said this is a new bid. He said the recommended bidder had the contract
three years ago under another name. Mr. Colmenero said there are many discarded tires around the
city. Mr. Lawrence Mikolajczyk, Assistant Director of Solid Waste Services, said that every quarter
the city holds free clean-up days at the landfill and city crews also collect tires for a charge.
Responding to Council Member Noyola, Mr. Barrera said the amount budgeted for this service was
$80,250. City Secretary Chapa polled the Council for their votes as follows:
5. M2003-024
Motion approving a supply agreement with Recovery Technologies Group of Baytown,
Texas, for used tire disposal services in accordance with Bid Invitation No. BI -0036-03
based on low bid for an estimated annual expenditure of $69,300. The term of the supply
agreement will be for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by Solid Waste and Maintenance Services in FY2002-
2003.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Minutes - Regular Council Meeting
January 21, 2003 - Page 5
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 11, rental car concession lease agreements.
Mr. J.E. O'Brien, 4130 Pompano, said that last week the Council increased the passenger
facility charge (PFC) by 50% and extended it for another 24 years to help pay for the airport
improvements. He questioned whether the proposal under Item 1 I is really necessary and whether
it affects economic development.
Mr. Dave Hamrick, Aviation Director, said the previous Council approved the $1.50 increase
in the PFC when the financing was being arranged for the airport improvements. He said the rental
car customer facility charge will allow the rental car companies to reimburse the city for about
$10,000 worth of electrical work the companies needed to make their office spaces acceptable. He
said the charge also allows them to do capital improvements at the airport, such as canopied parking.
He said Corpus Christi's rates are very competitive. City Secretary Chapa polled the Council:
11.a. M2003-030
Motion to amend the five rental car concession lease agreements prior to second reading.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Scott absent.
11.b. ORDINANCE NO. 025174
Ordinance authorizing the City Manager or his designee to execute an amendment to the five
rental car concession lease agreements with Southwest Texas Leasing Company Inc. dba
Advantage Rent-A-Car Inc.; Coastal Bend Rent-A-Car Inc.; National Car Rental of Corpus
Christi Inc.; Dollar Rent-A-Car Systems Inc.; and Texas South Rentals Inc. dba Hertz Car
Rental allowing for the collection of a customer facility charge in an amount not to exceed
$1.00 per rent car contract day to reimburse and pay for capital improvement projects
approved by the Director of Aviation at the Corpus Christi International Airport.
The foregoing ordinance passed on second reading, as amended: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, and Longoria voting "Aye"; Noyola abstaining; Scott absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 13, an update of the Comprehensive Annual Financial Report
(CAFR). Mr. John Shepherd, of Collier, Johnson & Woods accounting firm, said they are working
to meet the GFOA deadline of February 28, 2003. He said reasons for the delay include that the
city's Finance Department has several new employees and the city is required to implement
Governmental Accounting Standards Board (GASB) Statement No. 34, probably the biggest change
in governmental accounting in about 30 years. Mr. Shepherd said the city has improved its
processing of bank reconciliations and accounts receivable.
Minutes - Regular Council Meeting
January 21, 2003 - Page 6
Referring to Item 17, Mayor Neal said that during the January 16, 2003, joint meeting of the
City Council and Nueces County Commissioners Court, a presentation was made on behalf of the
county regarding the old Nueces County Courthouse and the Mayor asked that a more in-depth
presentation be given to the Council at this meeting.
Mr. Tyner Little, Executive Assistant to County Judge Terry Shamsie, introduced Ms.
Brooke Sween -McGloin, of McGloin+Sween Architects. She gave a computer presentation about
the historic County Courthouse, which was designed by nationally renowned architect Harvey Page.
She said it is listed on the National Register of Historic Places, is a recorded Texas historic landmark
and a state archeological landmark. She said despite its deteriorating exterior, the courthouse cannot
be torn down because of a deed restriction placed on the property by its buyer in exchange for a
grant to purchase it in 1978. In addition, demolition would cost at least $1 million.
Ms. Sween -McGloin said the building's structure is sound because it has a reinforced
concrete frame, an excellent foundation system and is over -designed by modern standards. She said
very minor repairs need to be made to the structural system. However, the brick and terra cotta
veneer connectors have corroded, causing the building's "skin" to deteriorate. She reviewed the
courthouse's historic and aesthetic features, including plaster details, mosaic tile, marble stairs,
cypress trim and wrought iron.
Ms. Sween -McGloin said that in 2000 the Texas Historical Commission (THC) approved
Nueces County's master plan which advocates a phased approach to the courthouse's restoration.
She said the priorities are to stabilize and protect the building from further damage; provide a safe
environment for design, investigation and construction; and rehabilitate it. That year the THC
awarded a $333,400 grant for Phase 1 plans and specifications, which were prepared in 2001 by the
McGloin+Sween project team. Also in 2001, Nueces County, with assistance from Neighborhood
Visions, demolished the 1961 courthouse addition.
She added that in 2002 the THC awarded a $1.9 million grant for Phase 1 construction and
Nueces County has committed to providing the $950,000 match through community partners and
Historic Preservation Tax Credit investment. Ms. Sween -McGloin said the overall $20 million
restoration project will create 500 jobs, of which 90 will be included in Phase 1. Once that phase has
begun, fund raising efforts will begin for Phase 2 with an estimated time line of five to eight years.
Ms. Sween -McGloin then discussed in detail the proposed use of the building—the South
Texas Exploratorium, a "hands-on"/"minds-on" interactive learning environment. She said it can
include exhibits focusing on several South Texas themes, including industry, environment and
technology. She said in order to proceed with this project, the blue-ribbon committee needs to
participate in the leadership, commitment and organization of the courthouse's use; develop the
mission, goals and objectives; and lay the groundwork for a successful non-profit organization to
carry the project forward. She said the monies for the grant match are being collected and they are
hopeful that on January 23' the county will sign contracts with the project team and the National
Development Council to move forward with the construction of Phase 1. She said they are
requesting the Council's continued political support and cooperation.
County Commissioner Betty Jean Longoria said that as a Council member she was a strong
supporter of the old Nueces County Courthouse. She said if they do not start the process now, this
Minutes - Regular Council Meeting
January 21, 2003 - Page 7
project will never move forward. She urged the Council to also support it.
Responding to Council Member Colmenero, Mr. Little reiterated the proposals that will be
made to the Commissioners Court. Mr. Colmenero asked if the county was requesting $200,000
from the city and Mayor Neal said that Commissioner Frank Schwing's January 14, 2003 letter to
the Council did not state that. Mr. Little noted that on January 30th the THC's courthouse committee
will make a decision about the $1.9 million grant.
Council Member Longoria asked city staff to analyze the county's request so the Council
can make a decision at their next meeting. He said the city has many needs of its own. Mr. Patrick
McGloin explained that the tax credits being referred to are federal income tax credits that will be
provided to a private investor who chooses to invest in the project. Council Member Kelly said he
spoke to Commissioner Schwing, who said he was seeking a resolution of support from the Council
for the project.
Responding to Council Member Noyola, Mayor Neal said that he had previously indicated
to the county that the city would be interested in using the old courthouse for the Emergency
Operations Center and Metrocom. He said he believes the request now is for general moral support.
Mr. Little discussed support that has been expressed by other entities and other financial aspects of
the project. Mr. Noyola commended those involved and said he would support the concept.
Council Member Chesney said that no matter what someone's opinion may be about the
courthouse, there is a historical covenant on it until 2018. He said the Council should show its
support in a resolution. Council Member Kinnison requested a one-page executive summary about
the funding issues as well as the economic evaluation that was done from an operational standpoint.
Council Member Garrett requested that this issue be placed on next week's agenda for action
and he concurred with Mr. Longoria's request for staff's evaluation of the proposal. Ms. Sween -
McGloin added that the remnants of the courthouse's jail (with the exception of the "death watch"
cell) will be removed and the top two floors will possibly be used for classrooms and offices.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 14, Padre Island overlay district.
Mr. Jeff Frahm, 13501 Royal Fifth Court, said he represents the Padre Island Business
Association as well as others. He asked the Council to support Item 14, which can serve as a flagship
project for the citizens and city.
City Secretary Chapa polled the Council for their votes as follows:
14.a. ORDINANCE NO. 025176
Ordinance appropriating a $9,000 contribution in the No. 1020 General Fund from the Padre
Island Business Association to defray consulting expenses associated with the development
of a business overlay district; amending Ordinance No. 024974 which adopted the FY2002-
2003 Annual Budget by increasing appropriations by $9,000.
Minutes - Regular Council Meeting
January 21, 2003 - Page 8
An emergency was declared and the foregoing ordinance passed as follows: Neal, Chesney,
Garrett, Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Colmenero and Scott absent.
14.b. M2003-031
Motion authorizing the City Manager or his designee to execute a planning services contract
with Municipal Planning Service of Missouri City, Texas, in the amount of $18,000 to
prepare recommendations for incorporating architectural, landscape and design standards
into the "B -2A" Barrier Island Business District.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison,
Longoria, and Noyola voting "Aye"; Colmenero and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 15, arena and convention center materials testing
services. City Secretary Chapa stated that Council Member Kelly would abstain on this item. There
were no comments from the audience. Mr. Chapa polled the Council for their votes as follows:
15.a. M2003-032
Motion authorizing the City Manager or his designee to execute an engineering materials
inspection and laboratory services agreement with Fugro South Inc. of Corpus Christi, Texas
in an amount not to exceed $230,000 for the Bayfront multipurpose arena project.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kinnison, and
Noyola voting "Aye"; Kelly abstaining; Colmenero, Longoria and Scott absent.
15.b. M2003-033
Motion authorizing the City Manager or his designee to execute an engineering materials
inspection and laboratory services agreement with Fugro South Inc. of Corpus Christi, Texas
in an amount not to exceed $137,700 for the convention center expansion and rehabilitation
project.
The foregoing motion passed by the following vote: Neal, Chesney, Garrett, Kinnison, and
Noyola voting "Aye"; Kelly abstaining; Colmenero, Longoria and Scott absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 16, landscaping improvements. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
16. RESOLUTION NO. 025177
Resolution authorizing the City Manager or his designee to execute an advance funding
agreement for voluntary transportation improvement projects with the Texas Department of
Minutes - Regular Council Meeting
January 21, 2003 - Page 9
Transportation for landscaping improvements and wallscape construction at U.S. Highway
181 and Mesquite Street.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, and Noyola voting "Aye"; Longoria and Scott absent.
* * * * * * * * * * * * *
Mayor Neal announced the executive session, which was listed on the agenda as follows:
18. Executive session pursuant to Texas Government Code Sections 551.071, 551.072, and
551.087 regarding acquisition and development ofa site for a minor league baseball stadium
in the Arena/Convention Center/Port of Corpus Christi area, location of a professional
baseball franchise in the facility, and possible real estate agreements with the Port of Corpus
Christi Authority and RSR Sports implementing the stadium, with possible discussion and
action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said the pit bulls referred to by
Mr. Kelly during a previous meeting have been picked up and are at the city's Animal Control
facility because they posed a threat. Mr. Garcia also briefly discussed the department head retreat
on January 24-25 and said staff is also proceeding with the committee meetings discussed during
the joint meeting on January 16`h. He highlighted the items scheduled for the January 28th meeting.
He said on February 1 1th there will be a joint meeting with the CVB board followed by the regular
meeting. Mayor Neal asked that the January 28'h meeting start at noon and he called for reports.
Mr. Chesney said that some of the notices he received about upcoming events were not
timely and he asked Mr. Garcia to look into that. He also expressed his support for a skate park in
Corpus Christi and he announced a town hall meeting on February 13th in District 2 and on March
3rd in District 3. He said the next Friends of the Park meeting will be held on February 5`h in City
Hall and he extended condolences to the families ofJoe Jessel and T. Frank Smith. Mr. Chesney said
the joint meeting with the county was productive and he looks forward to more such meetings. He
also wished Ms. Rachelle Parry, Recording Secretary, luck with her new job with the City of
Portland (other Council members extended similar sentiments).
With regard to the skate park issue, Mr. Longoria pointed out that there are skate parks in
Portland, First Baptist Church, City Skates, and Carribean. He said one of the keys to removing
restrictions of CDBG monies is to make use of other area parks. He also asked staff to provide
information about using modular materials in skate park design and develop cost estimates. He
requested a memo on the CHDO funds through Housing and Community Development.
Responding to Mr. Kinnison, City Secretary Chapa said that 30 days before the Council
election on April 5th, there is a moratorium requiring six votes on contracts, agreements and zoning
cases. Mr. Kinnison said that if the Council is considering adding any charter amendments to the
ballot, they need to start that process on January 28t.
Minutes - Regular Council Meeting
January 21, 2003 - Page 10
Mr. Colmenero requested information about Del Mar College's bond election and he referred
to the first responder funding resolution. He said the city needs to enhance its discarded tire
collection. Mr. Garcia pointed out that disposing of tires is a business. Mr. Longoria said that several
years ago the Boys and Girls Club had a community project to collect discarded tires. Mr.
Colmenero also commented on code enforcement issues in citizens' front and back yards and he said
some of HUD's criteria should be revised.
Mr. Noyola asked about the possibility of combining Precincts 71 and 95. City Secretary
Chapa replied that those precincts are fairly large. He said that during the last election, Ss. Cyril and
Methodius Church (where Precinct 95 votes on election day) was not available but it is available for
the April 5th election. Mr. Noyola said he supports the concept of a skate park.
Mr. Noyola also requested a copy of Mr. Garcia's memo to city employees (except certified
police officers and firefighters) regarding participation in City Council election campaigns. Mr.
Garcia said the fundamental rationale behind the policy is that city employees work with whoever
the elected Council is; as part of the civil service system, they are not directly involved in supporting
specific candidates. He added that they can vote and put signs in their yards. Mr. Reining read from
Sec. 39-17 of the City Code of Ordinances, which specifies certain prohibited and permitted
activities in election campaigns. Mr. Noyola said he feels this policy violates city employees'
freedom of speech because they are also taxpayers. Mr. Reining said it is also a City Charter
provision, which he read. Mr. Garcia said that firefighters and police officers are specifically
excluded by state law. Mr. Noyola said he hopes the Council will change this policy.
Mr. Garrett requested information about the city's guidelines on vehicle maintenance that
is performed by outside garages.
Mayor Neal called for petitions from the audience and there were none. There being no
further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:35 p.m.
on January 21, 2003.
* * * * * * * * * * * * *