HomeMy WebLinkAboutMinutes City Council - 09/30/2003I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of September 30, 2003, which were approved
by the City Council on October 14, 2003.
WITNESSETH MY HAND AND SEAL, this the 14th day of October 2003.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 30, 2003 - 1:18 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly (arrived at 1:30 p.m.)
Rex A. Kinnison
Jesse Noyola
Mark Scott
ABSENT
Brent Chesney
City Staff:
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by the Reverend Edward Garcia of Oak Park United Methodist Church
and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council and
the required charter officers were present to conduct the meeting. Mayor Neal called for
approval of the minutes of the regular Council meeting of September 23, 2003. A motion was
made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and the following board appointments were made:
Nueces County Tax Appraisal District
Paul Grivich (Reappointed)
Fred Greenberg (Appointed)
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 3-16). City Secretary
Chapa announced that Council Member Noyola would be abstaining from the vote and
discussion on Items 14 and 15. He also announced that Item 11 needed to be amended. Council
members requested that Items 6 and 10 be discussed. There were no comments from the
audience. A motion was made and passed to approve Items 3 through 16, constituting the
consent agenda, except for Items 6, 10 and 11, which were pulled for individual consideration.
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
September 30, 2003 - Page 2
3. MOTION NO. 2003-349
Motion approving the purchase of a laboratory analyzer from DuPont Qualicon, of
Wilmington, Delaware based on sole source in the amount of $35,000. This equipment
will be used by the Health Department. Funds are available from the Health Department
Grants Fund.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and Chesney were
absent.
4. MOTION NO. 2003-350
Motion authorizing the City Manager or his designee to execute Change Order No. 3
with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $1,516.75 for
the Health Department Laboratory Bio -Terrorism Preparation Project for a total
construction cost of $26,250.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and Chesney were
absent.
5. MOTION NO. 2003-351
Motion authorizing the City Manager or his designee to execute a construction contract
with South Texas Utilities of The Woodlands, Texas in the amount of $655,200 for the
sanitary sewer installation in developed areas - Bass Subdivision Improvements.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and Chesney were
absent.
7. MOTION NO. 2003-355
Motion authorizing the City Manager or his designee to execute subrecipient agreements
for funds provided from the FY 2003 Community Development Block Grant (CDBG)
Program and the Emergency Shelter Grant (ESG) Program as follows:
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM:
a. Accessible Communities, Inc. - $120,795 for the construction of a new building,
The Resource Center for Independent Living, located at 1537 Seventh Street.
b. Boys and Girls Club of Corpus Christi - $99,205 for air conditioning
improvements to their facility located at 3902 Greenwood Drive.
Minutes - Regular Council Meeting
September 30, 2003 - Page 3
c. Corpus Christi Hope House - $58,000 for renovations and expansion to improve
the living conditions for the residents of the homeless shelter located at 658
Robinson Street.
d. Habitat for Humanity of Corpus Christi - $80,328 for roofing and electrical
improvements to their facilities located at 304 North Staples and 306 North
Staples.
e. Nueces County Community Action Agency - $80,000 for their weatherization
program for minor repairs to homes in low income target areas.
f. Women's Shelter of South Texas - $72,405 for rehabilitation improvements to
their emergency shelter and support services facility.
g.
TG110, Inc. doing business as Lexington Manor Apartments - $35,000 to
purchase and install industrial playground equipment for the youth at the
apartment complex located at 3102 B Ray Ellison.
EMERGENCY SHELTER GRANT PROGRAM - HOMELESS
ACTIVITIES:
h. Catholic Charities of Corpus Christi, Inc. - $10,000
Corpus Christi Hope House, Inc. - $15,000
j. Corpus Christi Metro Ministries, Inc. - $50,000
k. Gulf Coast Council of La Raza - $20,000
1. Mary McLeod Bethune Day Nursery, Inc. - $10,000
m. The ARK Assessment Center and Emergency Shelter for Youth - $12,750
n. The Salvation Army - $20,000
o. Timon's Ministries - $2,250
p. Women's Shelter - $30,000
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and Chesney were
absent.
Minutes - Regular Council Meeting
September 30, 2003 - Page 4
8. RESOLUTION NO. 025504
Resolution authorizing the City Manager or his designee to execute an electric supply
agreement pursuant to the contract to be signed by South Texas Aggregation Project, Inc.
(STAP) for deliveries of electricity effective January 1, 2004; authorizing eligible
designees to include the Chairman of South Texas Aggregation Project, Inc.
The foregoing resolution was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and
Chesney were absent.
9. RESOLUTION NO. 025505
Resolution authorizing the City Manager or his designee to submit a Coastal
Management Program Cycle 9 grant application to the Coastal Coordination Council in
the amount of $60,000 for the completion of Phase II of the Corpus Christi Beach
Boardwalk Project with a City match of $40,000 from the Friends of Corpus Christi
Beach for a total project cost of $100,000.
The foregoing resolution was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and
Chesney were absent.
12. ORDINANCE NO. 025508
Ordinance abandoning and vacating all the easement rights granted originally to Houston
Natural Gas Corporation and assigned to the City of Corpus Christi, as successor in
interest, to a 256,578 -square foot portion of a blanket easement within Lot 1, Oso Farm
Tracts; recorded in Volume A, Page 49, Map Records of Nueces County, Texas; subject
to compliance with the specified conditions and the owner, Thanksgiving Homes,
replatting the property within 180 days at owner's expense.
An emergency was declared, and the foregoing ordinance was passed and approved by
the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott,
voting "Aye"; Kelly and Chesney were absent.
13. ORDINANCE NO. 025509
Ordinance abandoning and vacating a 263 -square foot portion of a 5 -foot wide utility
easement in Lot 13, Block 1, Windsong Unit 5 Subdivision; requiring the owner, Glen F.
Wells, to comply with the specified conditions and replat the property within 180 days at
owner's expense.
An emergency was declared, and the foregoing ordinance was passed and approved by
the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott,
voting "Aye"; Kelly and Chesney were absent.
Minutes - Regular Council Meeting
September 30, 2003 - Page 5
14. RESOLUTION NO. 025510
Resolution authorizing the City Manager or his designee to execute a reimbursement
agreement between the Transportation Security Administration (TSA) and Corpus Christi
International Airport to provide law enforcement personnel at the security checkpoints at
the Corpus Christi International Airport in consideration of reimbursement; effective
through September 30, 2003 with options to extend annually for up to five years.
The foregoing resolution was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, and Scott, voting "Aye"; Noyola abstained; Kelly
and Chesney were absent.
15. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a lease agreement with the
United States through its General Services Administration for the Transportation Security
Administration for use of space at the Corpus Christi International Airport in
consideration of payment of rent at an annual rate of $66.71 per square foot for a term of
fifty-four months with the option to extend for an additional fifty-four months.
The foregoing ordinance was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, and Scott, voting "Aye"; Noyola abstained; Kelly
and Chesney were absent.
16. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five-year lease with Landry's
Seafood and Steakhouse -Corpus Christi, Inc., to operate a restaurant on the Peoples
Street T -Head in consideration of payment of the greater of $6,000 per month or 2.75%
of monthly gross sales, whichever is greater.
The foregoing ordinance was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and
Chesney were absent.
(Council Member Kelly arrived at 1:30 p. m.)
Mayor Neal opened discussion on Item 6 regarding the Rincon Bayou Diversion Project.
Council Member Scott asked when the TCEQ would grant the city a reduction in pass-through as
a result of the required monitoring. Assistant City Manager Ron Massey replied the city had
reached the end of a five-year requirement to accumulate data to establish that the project
provided a benefit to the environment. He said that a portion of the monitoring was now tied to
the Allison Wastewater permit. He cautioned that even after the city had met the requirement,
there was no guarantee that they would receive any credit. Mr. Massey said that staffs strategy
was to include the wastewater diversion as part of the reconnaissance for the Nueces River
Feasibility Study. By integrating the requirements for the Allison diversion into a
comprehensive monitoring program, he said that the city has reduced the total costs of
Minutes - Regular Council Meeting
September 30, 2003 - Page 6
monitoring in the Nueces Delta area. Mr. Massey said that the initial phases of the feasibility
study will give the city an opportunity to see whether or not there is any chance of getting any
credits. Council Member Scott expressed his concern that the city had spent money on these
studies with the objective of receiving credits, yet staff was now saying there was a possibility
that they would not receive any credits.
Mr. Scott asked when the city was going to ask the TCEQ for credits. Mr. Massey said
that it would be at least a year before the city would be ready to do this. He stated that it was
always good to have good scientific data on the Rincon Bayou area. Council Member Scott
stated that it would be huge disappointment if the city did not get any credits after making these
expenditures. Mr. Massey replied that the data would still be worthwhile. City Secretary Chapa
polled the Council for their votes as follows:
6.a. MOTION NO. 2003-352
Motion authorizing the City Manager or his designee to execute a contract with the
Center for Coastal Studies, Texas A&M University - Corpus Christi, Texas not to exceed
$103,000 for ammonia and biological monitoring associated with the Rincon Bayou
Diversion Project.
The foregoing motion was passed and approved with the following vote: Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal and Chesney
were absent.
6.b. MOTION NO. 2003-353
Motion authorizing the City Manager or his designee to execute a contract with the
Division of Nearshore Research, Texas A&M University - Corpus Christi, Texas not to
exceed $104,550 for salinity and freshwater inflow monitoring associated with the
Rincon Bayou Diversion Project.
The foregoing motion was passed and approved with the following vote: Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal and Chesney
were absent.
6.c. MOTION NO. 2003-354
Motion authorizing the City Manager or his designee to execute a contract with Alan
Plummer Associates, Inc., of Austin, Texas not to exceed $139,710 for assistance with
Allison Effluent Diversion Demonstration Project Studies and Reports; support of Rincon
Bayou Diversion Studies; coordination of studies for the Effluent Diversion
Demonstration Project and the Rincon Bayou Diversion Project; and assistance with the
Nueces River Basin Feasibility Study.
The foregoing motion was passed and approved with the following vote: Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal and Chesney
were absent.
Minutes - Regular Council Meeting
September 30, 2003 - Page 7
Mayor Neal opened discussion on Item 10 regarding the construction of 48 boat slips in
the marina. Council Member Kinnison asked where the new boat slips would be located and
what the time line was to determine when the grant would be awarded. Mr. David Ondrias,
Acting Director of Park and Recreation, said that the area was on the Peoples Street T -head
where the Captain Clark Flagship and other commercial vessels were located. Mr. Kinnison
asked if staff had spoken with the Captain Clark Flagship organization to determine whether they
were willing to move. Mr. Peter Davidson, Marina Superintendent, replied that Mr. Clark had
requested that the flagship be moved to a more prominent location. Originally, he had asked to
be moved opposite the Harbor Ferry. Mr. Davidson said that the boat slips on the south side of
the Peoples Street stem are derelict and in disrepair, so it would be a good location. He said that
Mr. Clark now wanted to remain in the same area, but would just move closer to the stem. Mr.
Davidson said that there was plenty of room and plenty of parking to accommodate the new slips
and Mr. Clark's customers.
Mr. Kinnison asked if the boat slips would address the lack of slips for larger vessels.
Mr. Davidson replied affirmatively, saying that transient vessels in particular were seeking
accommodations. He said that the marina now allowed transient vessels to remain here for up to
six months. In response to Mr. Kinnison's question, City Manager Noe said that there was a
fund balance and a reserve appropriation to provide the required matching funds for the grant.
Mr. Kinnison asked if there were any projections on the amount of revenues and expenditures
the new slips could generate. Mr. Davidson replied that at the current lease rate of $3.70 per
foot, the 48 slips could generate another $300,000 a year, assuming they were all leased.
Regarding the operational costs, Mr. Davidson said that these expenses were minimal, around
five percent. Mr. Kinnison remarked that this type of return made any expansion of the marina
boat slips quite attractive. City Manager Noe agreed, but said that funding for any expansion
was always an issue. He said that this particular project was funded by a grant, but other
expansion projects may not have the benefit of being grant funded.
Mr. Kinnison asked what the time line on the grant was. Mr. Ondrias replied that it
would be approximately nine months before the city would learn if they had received the funds.
Council Member Colmenero asked if the city had received a grant award from this program
before. Mr. Davidson replied that they had received a $200,000 grant two years ago from this
program, the Boating Infrastructure Grant (BIG). He said that this is the third time that the city
has applied for this grant. Mr. Colmenero asked if the marina had a waiting list of boaters to
determine how the 48 potential slips might be used. Mr. Davidson replied affirmatively, saying
that the only slips available in the marina now were for 23 -foot boats and smaller (10 available).
He said that there are no slips available for any larger boats at this time. He said that for the past
three weeks, staff has turned away twenty boats seeking leases. He added that all the other
marinas in the area were full. Mr. Davidson said that large boats bring in more revenue, and thus
the city would benefit by attracting the larger boats.
Council Member Scott asked if the city was competing with any other cities in Texas for
the grant. Mr. Davidson replied that the city was fortunate that this year they were the only city
in Texas to apply for the grant. City Secretary Chapa polled the Council for their votes as
follows:
10. RESOLUTION NO. 025506
Minutes - Regular Council Meeting
September 30, 2003 - Page 8
Resolution authorizing the City Manager or his designee to submit an application to the
Texas Parks and Wildlife Department for a subrecipient grant under the United States
Fish and Wildlife Services's boating infrastructure grant program in the amount of
$450,000 for the construction of 48 boat slips for visiting vessels in the Corpus Christi
Marina, with a City match of $150,000 in the No. 4700 Marina Fund for a total project
cost of $600,000.
The foregoing resolution was passed and approved with the following vote: Neal,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney
was absent.
Mayor Neal opened discussion on Item 11 regarding amendments to the City Council
Policies. City Secretary Chapa stated that this item needed to be amended to change the wording
from "Procedure No. G-13.0-AP4" to "Procedure No. G-13". A motion was made, seconded,
and passed to approve the amendment. City Secretary Chapa polled the Council for their votes
as follows:
11. RESOLUTION NO. 025507
Resolution amending the City Council Policies relating to reimbursement procedures for
use of personal vehicles by the Mayor and Council Members and prohibiting the wearing
of hats and caps in the Council Chambers during council meetings.
The foregoing resolution was passed and approved as amended with the following vote:
Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Chesney was absent.
Mayor Neal called for a brief recess to present proclamations.
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation was
Item 17 regarding the "The Way It Was" Corpus Christi history exhibit video and curriculum
guide. City Manager Noe said that the video was created as part of the Sesquicentennial
Celebration. He said it was created by the Landmark Commission with the cooperation of the
Museum staff. Mr. Rick Stryker, Museum Director, said that the Museum had been working
with many partners in the community to find an effective way to bring the history of Corpus
Christi to the community for quite some time. He asked that the video be shown to the Council.
After the video, Mr. Stryker acknowledged the organizations, individuals and staff who
made the video and curriculum guide possible. He said that the funding for the exhibit was from
the Coastal Bend Community Foundation, the Pritchard Family Foundation and the Friends of
the Museum. He said that the end result of the project was that the Museum had found a way to
make history accessible throughout the community, and delivered the curriculum guide to help
teachers, and provided an excellent video. He added that the Educational Service Center would
extend the accessibility of the project. Finally, Mr. Stryker thanked the Council for their policy
that allowed school children to be admitted to the Museum at no charge. He said that last year,
over 16,000 school children came to the Museum and participated in their programs.
Minutes - Regular Council Meeting
September 30, 2003 - Page 9
Mayor Neal thanked Mr. Stryker for his leadership, saying that many visitors had
commented that a city of our size was fortunate to have a Museum of Science and History of
such quality. Council Member Cooper encouraged the public to see the Corpus Christi exhibit
on the second floor of the museum.
The second presentation was Item 18 regarding the "Wheelchairs for Peace" Program by
the Sister City Committee. Ms. Ellen Murry, a member of the Sister City Committee, explained
that the "Wheelchairs for Peace" Program was working with local Rotary Clubs to provide 240
wheelchairs to the handicapped of Veracruz, Mexico, one of Corpus Christi's Sister Cities. She
showed a brief video describing the program and its goals in more detail.
Council Member Colmenero noted that Sister Cities International is a member of the
National Cities International Task Force, of which he is a governor. He said that he was familiar
with the Wheelchairs for Peace Program through this organization. He spoke in support of the
program. Council Member Cooper also spoke in support of the program.
The next presentation was Item 19, regarding the Sixth Month Report for the
Development Services Center, otherwise known as the "One -Stop Development Center".
Assistant City Manager Margie Rose, the Acting Director of Development Services, provided a
brief background on the creation of the One -Stop Center. She noted that the Development
Services department included the Special Services section of the Engineering Department;
Building Inspections section of the Neighborhood Services Department; and the Planning
Department. She said that on March 3, 2003, the Development Services department relocated
from three locations within City Hall to the First Floor of the Frost Bank Building.
Ms. Rose discussed the improvements in each of the areas of operations. Regarding the
Permits area, Ms. Rose introduced Mr. Romeo Bazan, the team leader. She said that the average
waiting time to visit a Permit Clerk has been reduced from 30 minutes to 15 minutes. She also
mentioned that the new Naviline System provided a more efficient process due to links between
Development Services, Water, Wastewater, Gas and Storm Water. She added that the
receptionist now called customers by name, instead of assigning them a number.
With regard to the Geographical Information Systems (GIS) area, Ms. Rose said that Mr.
Mike Newberry was the team leader for this section. She said that one of the advancements in
this area was a centralized webpage containing links to provide immediate access to information
associated with each section of the department. She also said that staff was providing GIS
website training to the development community.
Ms. Rose said that Mr. Alonzo Garza was the team leader for the Plan Review section.
She highlighted two areas of improvement. First, she said that the waiting time for residential
plan review had been reduced from four to seven days to two to four days. Second, she noted
that the commercial plans review waiting time had been reduced from six to eight weeks to four
to five weeks. She said that staff was working on reducing the time even further.
Regarding the Inspections section, Ms. Rose named the following team leaders: Mr. Joe
Elliott, Plumbing/Mechanical Chief Inspector; Ms. Ruth Blake, Backflow Prevention Inspector;
and Mr. David Lewis, Electrical Inspector. Ms. Rose thanked the Council for adopting the
Minutes - Regular Council Meeting
September 30, 2003 - Page 10
International Codes on September 9, 2003 because she said that it was beneficial to the city. She
said that an outreach program was crucial to the success of the code adoption. She said that the
business plan component included assisting the development community with the
implementation of technical construction codes.
Ms. Rose introduced Mr. Mark Simon, the team leader for the Special Services division.
She said that this section was constantly being refined and improved. In particular, she noted
that the process to inspect, approve and accept plats for recordation had been streamlined. She
said that the Construction Inspection division of Engineering Services coordinated all approvals
from utility departments and forwarded 75 percent to 100 percent acceptance application to
Special Services. She said that after receipt of the application, the Special Services division
provided a two to three day turnaround. Ms. Rose said that she has been informed that the
construction aspect of the process still needed work. She said that she would be meeting with
Engineering to discuss the matter.
With regard to Ordinance Administration, Ms. Rose said that the team leader was Miguel
Saldana. She mentioned the sign permit process as an area of improvement, saying that the
requests were solely processed by Development Services, instead of requiring the citizen to go to
several departments. Another area of improvement was the ETJ agreement, which has been
streamlined to allow the city to process all plats within the city's ETJ.
Regarding the Comprehensive Planning section, headed by Mr. Robert Payne, Ms. Rose
stated that staff had made a commitment to present the Council with the Mustang Padre Island
Area Development Plan and the South Central Area Development Plan in December 2003. She
also thanked the Council for adopting the Corpus Christi Urban Transportation Plan (CCTUP)
on March 25, 2003. She said that the CCTUP incorporated the most current TxDOT Design
Standards to allow for TxDOT participation in funding of major roadways, potentially reducing
the costs to the city. Ms. Rose stated that a Customer Survey was now on the city's website,
giving individuals the opportunity to submit it by e-mail or regular mail.
Regarding future improvements, Ms. Rose highlighted the introduction at some point of
the Tacoma Model, which would return a certain percentage of a permit to the applicant if the
city did not meet a set timeline. She said that staff was moving toward this goal, but had not
achieved it yet. Another improvement was to acquire the latest technologies and
communications systems.
Ms. Rose concluded her presentation by saying that while there have been many
improvements, staff recognized that there was more work to be done. She said that staff aspired
to have the best development center in the state, if not the country. She stated that staff would be
providing more updates in the future.
Council Member Scott asked if staff had any reports that detailed where an application
was in the process at any given time. Ms. Rose responded that every Friday, she was given a list
of all the plats and other items in progress for her review. If she sees that there is a problem, she
will meet with the staff member handling it to discuss it. Mr. Scott asked if the volume of work
for staff had increased from previous years. Mr. Art Sosa, Assistant Director of Development
Services, replied that the number of applications for residential permits has increased from 400
to 1,200 within the last five years. Mr. Scott remarked that the number of complaint calls to his
Minutes - Regular Council Meeting
September 30, 2003 - Page 11
office has decreased dramatically over the last month and half. He felt this reflected that the city
was moving in the right direction. He thanked staff for working with the homebuilders to fund
some of the improvements in the budget.
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda and opened discussion on Item 23 regarding the
baseball stadium. City Manager Noe recognized Mr. J.J. Gotsch with RSR Sports, Inc., who
would be the General Manager of the new baseball team in Corpus Christi. He said that the item
was comprised of two parts. The first item was related to the authorization to execute a
Memorandum of Understanding (MOU) and the second was a project agreement between the
city and the 4A Corporation to execute the project on their behalf.
City Manager Noe said that the purpose of the MOU was to outline key business terms
for final agreements. He emphasized that not all issues were covered in the MOU. He said that
the timing of the MOU was particularly urgent because the Ryans needed to finalize the
acquisition of the team in time for the groundbreaking in Spring 2004. He said that at this point,
the negotiations had gone very well. He said that all parties believed that all issues could be
resolved in negotiations.
Regarding the stadium site, City Manager Noe stated that there had been a slight
adjustment, moving the stadium facility more towards the east, ending near the extension of
Tancahua Street. He said that the city would acquire the site from the Port in a separate
transaction, and the Port would be obligated to lease adjacent parking to the city. At this point,
Mr. Noe said that the stadium would have 300 parking spaces to accommodate the luxury boxes
and employees. He said that the adjacent 1500 spaces would be for season ticket holders.
Regarding the terms of site acquisition, Mr. Noe stated that the city was required to pay
$90,000 per year for 30 years from the I/8th cent sales tax revenues. He said that the other
consideration were the utilities, streets and disposal of demolition materials.
Mr. Noe said that the actual lease agreement with RSR Sports, Inc. called for a 15 -year
term with two five-year extension options. He said that the rent for the facility was designed to
cover the city's costs and pay for the city's expenses. During years 1-5, the rental payment
would be $50,000; during years 6-10, the payment would increase to $60,000; and finally, during
years 11-15, the payment would increase to $70,000. He said that the rental amounts during the
two extension periods would be negotiated as part of the final lease document. He noted that
there was a requirement that the Ryans pay supplemental rent based on attendance to replenish
the city's Capital Improvements reserve. Mr. Noe stated that the Ryans would be responsible for
day-to-day operation and maintenance of the building. He said that anything beyond day-to-day
repair would come from the Capital Reserve fund, which was prefunded through the project
budget in the amount of $250,000 to cover repairs. When the dollar amount reached under
$175,000, the Ryans would be required to pay supplemental rent to replenish the reserve. He
said that the total project budget was listed as $21.5 million, including a number of utility
improvements as well as the stadium facility.
City Manager Noe said that staff was on an extremely aggressive time schedule. On
October 14, staff was planning to provide the Council with contracts for the architectural and
Minutes - Regular Council Meeting
September 30, 2003 - Page 12
engineering team and the project manager. In November and December 2003, he said that staff
was planning to select a Construction Manager (CM) at Risk. He said that the lease documents
were scheduled to be completed by December 31, 2003, construction slated to begin in March
2004, and completion of the project scheduled for April 2005. Mr. Noe said that he had been
asked what would happen if the Ryans were not able to acquire a team during the next several
weeks. He said that if that were to occur, then staff would have to adjust the schedule to shoot
for the following season. He remarked that he did not expect this to occur, but that this would be
the alternate plan in any case. Mr. Noe concluded by saying that the 4A Board and the Port
Board had authorized agreements relating to these items.
Council Member Scott asked if parking at the arena could be used as overflow parking
for the stadium. City Manager Noe replied affirmatively, saying that the projects complemented
each other because their peak periods of activity were in different seasons. The bulk of activity
for the arena would be winter activities, while the peak season for the stadium would be in the
summer.
Council Member Kinnison asked how much the annual payment from the 4A Board
would be to cover the total project cost of $21.5 million. City Manager Noe replied that it would
be about $2.1 million.
Council Member Colmenero asked if the tight schedule was realistic. City Manager Noe
replied that the schedule was tight but not unrealistic.
Council Member Noyola asked what would happen if the cost of the arena exceeded
$21.5 million, considering that this amount was what the voters had been told it would be. City
Manager Noe replied that there was no legal restriction on the amount. The only restrictions
were on the site and the purchase of a team, which were provided for in the agreement. Mr.
Noyola expressed his concern that the total project cost not exceed $21.5 million if possible.
City Manager Noe said that staff believed that the project could be completed within that budget
amount.
Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke regarding
the stadium site, saying that it was too close to a high security area, the Port of Corpus Christi.
Mr. Abel Alonzo spoke in support of the stadium project.
City Secretary Chapa polled the Council for their votes as follows
23.a. MOTION NO. 2003-357
Motion authorizing the City Manager to execute an agreement with RSR Sports, Inc.
relating to the location and operation of a minor league baseball team in the City of
Corpus Christi.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent.
Minutes - Regular Council Meeting
September 30, 2003 - Page 13
23.b. MOTION NO. 2003-358
Motion authorizing the City Manager to execute a Memorandum of Agreement with the
Corpus Christi Business and Job Development Corporation relating to the funding of
expenses related to the construction of a baseball stadium.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent.
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda, and referred to Item 20, a presentation on the
reuse of the Memorial Coliseum. City Manager Noe explained that this item was envisioned to
be the start of a dialogue about the future of the coliseum. He said that the city was in the
process of constructing an arena that would serve as a replacement for the bulk of the events that
currently take place in the coliseum. By the same token, Mr. Noe said that the city had a
sublease with the IceRays in the Coliseum that lasted for another five years. He said that staff
fully expected that the IceRays would want to move into the new arena, but it would require an
adequate transition period. To help the city determine what kind of potential uses the building
would have, the city hired Jack Solka with Bennett, Martin, Solka and Tomo. Mr. Noe reminded
the Council that the city had made a commitment with the disabled community not to use the
facility for a mass gathering site once the IceRays contract had expired until the Coliseum met
ADA standards.
Mr. Solka said that his firm had been asked to submit a progress report on their study to
determine the future use of Memorial Coliseum after the arena had been built and after the
convention center had been expanded. Mr. Solka provided information on the current site of the
coliseum and a brief background on the facility. Mr. Solka said that the study identified the
following emerging results: structurally sound; cost of repairs are less than new construction;
historically significant building; multiple uses for the facility; and reuse of the building is
possible.
Mr. Solka described three possible concepts for reuse of the building - Concept "A",
Concept "B" and Concept "C". He said that Concept "A" consisted of the following: complete
renovation including removal of permanent horse-shoe seating; replacement of restrooms,
offices, storage and concessions; and renovation cost of $4,400,000. Concept "A" uses would
include the following: practice area for hockey teams and recreational ice skating; arts, crafts
and trade shows; tejano or country music dances and concerts; high school graduations; covered
open market; multi purpose complex; civic center complex; city Park and Recreation
headquarters; and maintenance operations center for Park and Recreation.
Concept "B" consisted of the following: complete renovation of facility; replacement of
restrooms; ADA compliance work; and renovation cost of 3,200,000. Possible uses for Concept
"B" included the following: dances sponsored by local civic organizations; practice area for
hockey teams and recreational ice skating; arts, crafts and trade shows; tejano or country music
dances and concerts; high school graduations; and arena football facility. Finally, Concept "C"
uses consisted of the following: offer facility to private developers; sale of property; lease; and
city and developer partnership.
Minutes - Regular Council Meeting
September 30, 2003 - Page 14
In conclusion, Mr. Solka provided the following summary: re -use is possible; Concept
"A" cost - $4,400,000, Concept "B" cost - $3,200,00, with a difference of $1,200,000 which
gives the facility added flexibility; and reuse of site must be consistent with area Development
Plans for Downtown.
Mayor Neal asked if Mr. Solka's recommendation was not to tear the coliseum down.
Mr. Solka replied that his recommendation was not to tear it down if it is consistent with the
overall development plan. City Manager Noe added that operation costs need to be accounted
for in the analysis. He said that the coliseum currently operates at a substantial loss, recouped
from revenues from the hotel motel occupancy tax. Council Member Kinnison agreed, saying
that the city has to determine that there is a need for the building. In his opinion, there was not a
need for the building because the bulk of its business will taken over by the arena and expanded
convention center. He said that he preferred Concept "C", private development of the property.
In response to Mr. Kinnison's question, City Manager Noe said that the land value of the
coliseum site was estimated at $8.5 million. Mr. Kinnison mentioned that the property could
possibly be used to obtain some of the local funding for the trolley project.
Council Member Kelly asked if the study had taken the next step to determine whether
any of the uses in Concept "A" and Concept "B" were viable uses. He asked, for example, if the
IceRays had been contacted to see if they were interested in maintaining the coliseum as a
practice facility. City Manager Noe replied that at this point, the potential uses listed under
Concept "A" and Concept "B" were brainstorming ideas only. Mr. Kelly expressed his concern
that these alternatives were being presented to the Council without checking to see if they were
realistic alternatives. He said that his expectations were to be presented uses that could be
realistically expected for this building. Mr. Solka added that this was intended to be a progress
report, not a final report. He said that the next step would be to get specifics on all the
alternatives, if the Council wanted to proceed. Mr. Kelly asked Mr. Solka how he had arrived at
the numbers for total costs of Concepts "A" and "B". Mr. Solka replied that he had retained the
Anderson Group to complete a conceptual cost estimate for each concept.
Council Member Colmenero advocated converting the site into a trolley terminal.
Council Member Garrett commented that he preferred Concept C, specifically the sale of the
property. Council Member Scott asked how much it would cost to demolish the site. Mr. Solka
responded that demolition would cost approximately $500,000. Mr. Scott reminded the Council
to look at the five-year budget forecast, which would demonstrate that the renovation of the
coliseum was not economically feasible. Mr. Scott spoke in support of using part of the property
as a transfer station for the trolley project. He concluded that he preferred some combination of
Concept "C".
Council Member Noyola spoke in support of Concept C. He added that he was not in
support of using the property as a transfer station for the trolley system because the land was too
valuable. He preferred that the land be used for hotel or retail development.
Council Member Kinnison stated that he felt that there was no further study needed,
because the majority of the Council seemed to prefer Concept "C". He spoke in support of
considering the site for a transfer station. Mayor Neal asked staff to make sure that a portion of
the land was not parkland and to provide good numbers on demolition and appraisal before a
Minutes - Regular Council Meeting
September 30, 2003 - Page 15
decision was made to develop the property.
* * * * * * * * * * * * *
Mayor Neal referred to Item 21a, and a motion was made, seconded and passed to open
the public hearing on the following:
21.a. Public hearing on proposed assessments for improvements to the following highway in
Corpus Christi, Nueces County, Texas:
Laguna Shores Road from Mediterranean to Caribbean (BOND ISSUE 2000)
City Engineer Angel Escobar explained that this was a Bond 2000 project to replace
sewer mains, build a bike path, and replace a bridge among other things. Mayor Neal asked if
the work would elevate the road. Mr. Escobar replied negatively, saying that the project would
involve replacing the piers that support the bridge to make the opening wider but not higher. Mr.
Escobar noted that staff was recommending the second lowest bidder for the following reasons:
poor contractor performance reviews on other city projects; the complexity of the project; and
the need to complete the project expeditiously.
Mayor Neal asked which section of the road was susceptible to flooding. Mr. Escobar
replied that the section between Hustlin' Hornet and Graham Road, near S.P.I.D, was susceptible
to flooding. Council Member Scott asked for a status report on the issues with Laguna Shores
Road. Council Member Garrett questioned why the city would repair the road without raising it
in the sections that tended to flood.
City Engineer Escobar added that in staffs evaluation of the low bidder and consideration
of the second bidder, he personally notified the low bidder to explain the reasons that they were
not recommending the award.
Council Member Garrett asked if the low bidder had completed the other pending
projects satisfactorily. Mr. Escobar replied that one of the projects has been completed to
specifications and had been accepted, the Birmingham Lyons project. He remarked that
throughout the actual execution of the work, staff encountered various problems with the low
bidder. He said that staff and the residents found it extremely tedious to work with the low
bidder. Ultimately, he noted that the project was completed and the low bidder was paid.
Regarding the other two pending projects, Mr. Escobar referred to a memo he had included in
the City Manager's Transmittal packet with status reports. The two projects in question were the
Azores Street /Catcay project and the Jamaica Street project. On the Azores/Catcay project, Mr.
Escobar said that the contractor was running a little ahead of schedule, but there had been some
problems coordinating the schedule with rain events and other city services for residents in the
area.. On the Jamaica Street project, he said that the project was running behind. He said that
the contractor has asked for an extension on this project, but staff denied the request upon
review.
Mr. Garrett asked for more information on the nature of the complaints. Mr. Escobar
replied that the complaints were related to resident accessibility to the property during
Minutes - Regular Council Meeting
September 30, 2003 - Page 16
construction, and coordinating the work with the U.S. Post Office, Police and Solid Waste to
continue services to residents at all times. On the Birmingham Lyons project, Mr. Escobar said
that the sanitary sewer lines had been replaced, and the contractor was required to move over the
sanitary sewer service to the new line. Due to an oversight, the line was killed off but one
resident's home did not get shifted over to the new line. As a result, the home was overrun with
sewage. He said that the contractor eventually fixed the problem.
Mr. Garrett asked if the number of complaints exceeded those that they have received
from a contractor under similar circumstances. Mr. Escobar replied that they had received
considerably more complaints. Mr. Garrett asked if he had spoken with the contractor about the
problems. Mr. Escobar replied that he had spoken with him personally three times during the
progress of the projects. He said that there was some improvement, but not enough to warrant
using them again.
Council Member Noyola called upon Mr. Daniel Salinas, owner of the Salinas
Construction Company, to explain his side of the story. Mr. Salinas, 13902 Hawksnest Bay,
spoke in defense of his company. He said that there was a good amount of design error on the
projects, saying that the burden was on the engineers and the consultants to place the lines
correctly. Mr. Roland Barrera, 2621 Camargo, spoke in support of the Salinas Construction
Company.
Council Member Noyola asked Mr. Salinas how much money he has saved the city on
projects. Mr. Salinas replied that he has saved $500,000 by being low bidder. He asked if Mr.
Salinas had received anything in writing regarding his job performance. Mr. Salinas replied
negatively, saying that he had had several meetings with Mr. Escobar but had not received
anything in writing. Mr. Noyola took exception to this.
City Secretary Chapa polled the Council for their votes as follows:
21.b. ORDINANCE NO. 025511
Ordinance closing the public hearing on proposed assessments for improvements to the
following highway in Corpus Christi, Nueces County, Texas:
Laguna Shores Road from Mediterranean to Caribbean
Imposing assessments totaling $146,963.49 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; and specifying assessment payment terms and lien enforcement measures.
(BOND ISSUE 2000)
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye"; Cooper and Chesney were absent.
Minutes - Regular Council Meeting
September 30, 2003 - Page 17
21.c. MOTION NO. 2003-356
Motion authorizing the City Manager or his designee to execute a construction contract
with Berry Contracting Company, of Corpus Christi, Texas in the amount of $2,759,059
for the Laguna Shores Road Street Improvements from Mediterranean to Caribbean.
(BOND ISSUE 2000)
The following motion was passed and approved with the following vote: Neal, Garrett,
Kelly, Kinnison, and Scott, voting "Aye"; Colmenero and Noyola, voting "No"; Cooper
and Chesney were absent
Mayor Neal opened discussion on Item 22 regarding a State Homeland Security Grant.
Fire Chief J.J. Adame explained that the grant would greatly enhance the city's ability to respond
to weapons of mass destruction events and other events. He provided a brief background on the
grant. He said that some of the basic requirements of the grant were for the municipality to
provide a threat analysis and a response analysis. He said that these analyses had been
completed and submitted to the Texas Engineering Extension Service. He said that the total
grant amount was $2,026,402 for the purchase. He said that there were guidelines detailing
which items were authorized for purchase, such as the following: personal protective equipment,
detection equipment, decontamination equipment, search and rescue equipment, and medical
supplies. To determine what equipment was needed, the City Manager established an oversight
committee to review lists submitted by each department and to make final recommendations.
There was no comment from the audience.
City Secretary Chapa polled the Council for their votes as follows:
22. RESOLUTION NO. 025512
Resolution authorizing the City Manager or his designee to execute a subrecipient
agreement and accept a State Homeland Security Grant from the Texas Engineering
Extension Service in the amount of $2,026,402 for the purchase of specialized equipment
under the State Domestic Preparedness Equipment Program.
The foregoing resolution was passed and approved with the following vote: Neal,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney and
Cooper were absent.
Mayor Neal commented that the executive session had been canceled.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. City Manager Noe reported that the
tour of the arena construction project had been rescheduled for this Friday at 4:30 p.m. He
announced that the Weed and Seed Fall Festival was going to be held this Saturday in Hector P.
Garcia Park. For the Council agenda on October 14, Mr. Noe said that in addition to the two
baseball items he mentioned earlier, there will a report on the plans for the next 12 months on the
Neighborhood Initiatives Project; a presentation from the Workforce Development group;
Minutes - Regular Council Meeting
September 30, 2003 - Page 18
several zoning cases; installation of art at the convention center; and a planning grant for bay
debris collection. On October 21, Mr. Noe said that the council agenda would include a
presentation from the CVB and a second reading on the zoning amendment regarding explosives.
Mayor Neal called for Council concerns and reports. Council Member Kelly announced
that there will be a Czech Festival this weekend at St. Thomas Church on FM 624. Council
Member Scott asked Mr. Noe if staff could provide a briefing in writing on Laguna Shores.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience. Ms. Pamela Baker, 521 Peerman
Place, spoke in support of the greenbelt along Shoreline Boulevard.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:15 p.m. on September 30, 2003.
* * * * * * * * * * * * *