HomeMy WebLinkAboutMinutes City Council - 11/09/2004I 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 November 9, 2004, which were approved
by the City Council on November 16, 2004.
WITNESSETH MY HAND AND SEAL, on this the 16th day of November, 2004.
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Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 9, 2004 - 10:05 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Jesse Noyola
Council Members:
Javier Colmenero
Brent Chesney
Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Mayor Neal 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 October
26, 2004. A motion was made and passed to approve the minutes as presented.
Mayor Neal and the Council presented State Representative Vilma Luna with the 2003-2004
Distinguished Legislative Service Award on behalf of the Texas Municipal League.
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and the following board appointments were made:
(NOTE - Mr. Chesney announced he would be abstaining from the vote and discussion on the
Landmark Commission appointments)
Citizens Advisory Health Board
Michelle Thomas (Reappointed)
Melissa Wilson (Appointed)
Dr. Stephen Ponder (Appointed)
Library Board
Yvonne Klystra (Reappointed)
Dr. A.N.M. Waheeduzzaman (Reappointed)
Mary C. Christmas (Appointed)
Weed and Seed Advisory Committee
Peggy Beasley (Reappointed)
Juan Meave (Reappointed)
Convention and Visitors Bureau
J.J. Gottsch (Appointed)
Landmark Commission
Thomas Kreneck (Reappointed)
David Brown (Reappointed)
Susan Abarca (Reappointed)
Nita Selby (Appointed)
Michelle Geiger (Appointed)
Minutes - Regular Council Meeting
November 9 , 2004 - Page 2
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 3 - 23). City Secretary
Chapa announced that Council Member Noyola was abstaining from the vote and discussion on
Items 12 and 23, and Council Member Kelly was abstaining from the vote and discussion on Items
15, 16, and 17. Mr. Bill Kopecky, 3609 Topeka, requested that Item 15 be discussed. Council
members requested that Items 12 and 20 be discussed. A motion was made and passed to approve
Items 3 through 23, constituting the consent agenda, except for Items 12, 15, and 23, which were
pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows:
3. MOTION NO. 2004-399
Motion approving a supply agreement with Quadrant Productions, Corpus Christi, Texas for
Video Productions Services, in accordance with Request for Proposal No. BI -0087-04, for
an estimated annual expenditure of $30,000. The term of the contract is for twelve months
with options to extend for up to two additional twelve-month periods subject to the approval
of the contractor and the City Manager or his designee. This service will be utilized by the
Public Information Department.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2004-400
Motion approving a supply agreement with Alpha Building Services, Corpus Christi, Texas
for custodial service for the main police building in accordance with Bid Invitation No. BI -
0073 -04, based on most advantageous bid for an estimated annual expenditure of
$65,503.20. The term of the contract is 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 the Police Department in FY 2004-
2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
November 9 , 2004 - Page 3
5. MOTION NO. 2004-401
Motion approving a supply agreement with the following companies for the following
amounts for mowing of Water Production Facilities in accordance with Bid Invitation No.
BI -0005-05 based on low bid for an estimated annual expenditure of $151,296. The term
of the contracts will be for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the contractors and the City Manager or his
designee. Funds have been budgeted by the Water Department in FY 2004-2005.
Laguna Services, Inc. Sierra Services
Corpus Christi, Texas Sinton, Texas
Group I Group II
$61,206 $90,090
Grand Total: $151,296
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
6. MOTION NO. 2004-402
Motion approving a supply agreement with Martin Marietta Materials, Corpus Christi, Texas
for Flexible Base Caliche in accordance with Bid Invitation No. BI -0002-05, based on low
bid for a total amount of $212,250. 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.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
7. MOTION NO. 2004-403
Motion approving the purchase of 450 pistols and accessories from the following companies
for the following amounts in accordance with Bid Invitation No. BI -0015-05, based on low
bid for a total amount of $266,955.02. The equipment will be issued to police officers of the
Corpus Christi Police Department. Funds are available in the Police Law Enforcement Trust
Fund.
OMB Police Supply GT Distributors, Inc.
Lenexa, Kansas Austin, Texas
$191,000 $75,955.02
Grand Total: $266,955.02
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
November 9 , 2004 - Page 4
8.a. MOTION NO. 2004-404
Motion authorizing the City Manager or his designee to enter into an Interlocal Agreement
between the City of Corpus Christi Police Department and the City of Dallas Internet Crimes
Against Children Task Force under the Internet Crimes Against Children (ICAC) Task Force
Program, United States Department of Justice, and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
8.b. ORDINANCE NO. 026009
Ordinance appropriating $25,000 from the City of Dallas in the No. 1061 Police Grants Fund
for the Internet Crimes Against Children (ICAC) Task Force Program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
9.a. RESOLUTION NO. 026010
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Commission of the Arts in the amount of $2,296 in the No. 1067 Federal/State Grants Fund
to be used for the Corpus Christi Festival of the Arts 2004.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
9.b. ORDINANCE NO. 026011
Ordinance appropriating a grant from the Texas Commission of the Arts in the amount of
$2,296 in the No. 1067 Federal/State Grants Fund for the Corpus Christi Festival of the Arts
2004.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
10.a. RESOLUTION NO. 026012
Resolution authorizing the City Manager or his designee to accept $27,322 from a Texas
Commission on Environmental Quality Pre -Approved Expenditure Grant in the No. 1071
Grant Fund to provide funding for Mitigation Measures at the old Regional Transportation
Authority facility, 1024 Sam Rankin.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
November 9 , 2004 - Page 5
10.b. ORDINANCE NO. 026013
Ordinance appropriating $27,322 from a Texas Commission on Environmental Quality pre -
approved expenditure grant in the No. 1071 Grant Fund to provide funding for Mitigation
Measures at the old Regional Transportation Authority Facility, 1024 Sam Rankin.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
10.c. MOTION NO. 2004-405
Motion authorizing the City Manager or his designee to execute Amendment No. 11 with
Delta Environmental, Inc., of Corpus Christi, Texas in the amount of $28,122 for Mitigation
Services associated with a removed underground fuel storage tank at the old Regional
Transportation Authority Facility, 1024 Sam Rankin.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
11.a. MOTION NO. 2004-406
Motion authorizing the City Manager or his designee to execute a contract with the Center
for Coastal Studies, Texas A&M University - Corpus Christi not to exceed $111,000 for
Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project
2004-2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
11.b. MOTION NO. 2004-407
Motion authorizing the City Manager or his designee to execute a contract with the Division
ofNearshore Research, Texas A&M University - Corpus Christi not to exceed $104,550 for
Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion
Project 2004-2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
November 9 , 2004 - Page 6
11.c. MOTION NO. 2004-408
Motion authorizing the City Manager or his designee to execute a contract with the
University of Texas Marine Sciences Institute in an amount not to exceed $228,296 for
Biological Monitoring Services associated with the Rincon Bayou Diversion Project 2004-
2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
13. MOTION NO. 2004-410
Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the
contract with Garver Construction, Ltd., of Houston, Texas in the amount of $290,357.69
for the Bond Issue 2000 Street Resurfacing Project #C-4 on Up River Road (IH 37 to
Leopard Street).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
14. MOTION NO. 2004-411
Motion authorizing the City Manager or his designee to execute a Construction Weld
Inspection and Testing Contract with Base Line Data, Inc., of Portland, Texas in an amount
not to exceed $105,560 for the Southside Water Transmission Main Phase 4 and 4A project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
16. ORDINANCE NO. 026014
Ordinance authorizing the City's Director of Engineering Services or his designee to
implement a traffic management plan in the Bayfront Arts and Science Park and surrounding
area, including the modification of traffic regulations, as needed during special events at the
American Bank Center for a period of up to 120 days.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott,
voting "Aye"; Kelly abstained.
Minutes - Regular Council Meeting
November 9 , 2004 - Page 7
17. MOTION NO. 2004-413
Motion authorizing the City Manager to execute an Amended and Restated Parking Area
Lease between the Port of Corpus Christi Authority ofNueces County, Texas, Corpus Christi
Baseball Club, L.P., and the City of Corpus Christi.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
18.a. MOTION NO. 2004-414
Motion authorizing the City Manager or his designee to approve the Seagull Park
improvement plan as presented.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
18.b. MOTION NO. 2004-415
Motion authorizing the City Manager or his designee to accept "Journey's End", a sculpture
from Kent Ullberg, for display at Seagull Park on Padre Island.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
19. RESOLUTION NO. 026015
Resolution expressing official intent to reimburse costs of the 2004 Bond Capital
Improvement Projects.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
21. FIRST READING ORDINANCE
Amending the City Code of Ordinances, City of Corpus Christi, Chapter 17, Finance and
Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing said fee from
$25.00 to $30.00; providing for an effective date of December 1, 2004.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
November 9 , 2004 - Page 8
22. FIRST READING ORDINANCE
Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of state speed limit
in certain zones, by establishing a school zone on Kostoryz Road:
A 25 mile per hour school speed zone on Kostoryz Road, when lights are flashing,
for a distance of 400 feet, from a point 200 feet north of the centerline of Masterson
Drive to 200 feet south of the centerline of Masterson Drive; and
providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
23. ORDINANCE NO. 026017
Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of State Speed
Limit in Certain Zones, and Schedule VI, Decrease of State Speed Limit in Certain Zones,
by modifying the limits of speed zones and establishing transition speed zones in the
inbound and outbound directions of International Drive between the existing 45 miles per
hour speed zones near State Highway 44 and the existing slower speed zones of 15 and 20
miles per hour near the parking lots and the terminal; and providing for penalties. (First
Reading 10/19/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye";
Noyola abstained.
Mayor Neal opened discussion on Item 12 regarding the acquisition of properties for the
expansion of the airport. Mr. Kinnison asked for a copy of the budget for acquiring these properties,
showing the utilization of the funds and fund balances. Mr. Noe stated staff would provide this
information. City Secretary Chapa polled the Council for their votes as follows:
12. MOTION NO. 2004-409
Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract
with John H. Kelly, Sr. in the amount of $171,712 plus $2,000 in closing costs for the
purchase of fee simple property rights for Parcel 8D-2, being 59.211 acres out of Tract No.
8, Margaret Kelly Land, located south of the Corpus Christi International Airport (CCIA)
between County Roads 2292 and 763 in connection with the Corpus Christi International
Airport Expansion Project (#1023) and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained.
Mayor Neal opened discussion on Item 15 regarding the construction contract for the
American Bank Center. Mr. Bill Kopecky, 3609 Topeka, spoke regarding his concerns that the
Minutes - Regular Council Meeting
November 9 , 2004 - Page 9
actual cost of the arena had exceeded initial estimates provided to voters, and he also suggested staff
publicize a major grand opening event for the public. Mr. Abel Alonzo was also concerned that the
actual arena cost had exceeded the initial estimates provided to voters, saying the public had a
negative perception regarding this issue. He also questioned the bid award process for this project.
City Secretary Chapa polled the Council for their votes as follows:
15. MOTION NO. 2004-412
Motion authorizing the City Manager or his designee to execute Change Order No. 12 for
the American Bank Center Arena in the amount of $250,489 with Fulton Coastcon, Joint
Venture, of Corpus Christi, Texas for various architectural, electrical, mechanical and
structural modifications.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
Mayor Neal opened discussion on Item 20 regarding the designation of portions of Highway
181 as the Remember Pearl Harbor Memorial Parkway. Mr. Kelly spoke in support of the
designation as a way to honor the individuals for their sacrifices at Pearl Harbor. Mr. Leo Vrana
with the Pearl Harbor Survivors Association thanked the Mayor and Council for their support,
especially Mr. Kelly. Mayor Neal asked Mr. Chapa if the dedication was scheduled for December
7, Pearl Harbor Day. Mr. Chapa replied affirmatively, saying that he hoped the signage would be
ready by then. City Secretary Chapa polled the Council for their votes as follows:
20. ORDINANCE NO. 026016
Ordinance designating the portions of Highway United States 181 within the City of Corpus
Christi as the Remember Pearl Harbor Memorial Parkway and directing the posting of
appropriate signage.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal referred to the presentation on the day's agenda, a quarterly report from the
Corpus Christi Regional Economic Development Corporation (EDC). EDC President and CEO Ron
Kitchens commented on the success of the American Bank Center arena opening events. He stated
there were eight major projects being constructed in the city that were scheduled to open in the next
year as follows: the new arena; the convention center expansion; Harte Research Center; Texas
A&M University -Corpus Christi Performing Arts Center; JFK Causeway; Crosstown Expressway;
Packery Channel; and the new baseball stadium. In addition, he mentioned a few other planned
projects as follows: Christus Spohn hospital expansion, Valero corporate offices, AC Distribution
manufacturing facility; Flint Hills Resources new laboratory; Art Museum expansion; Del Mar
expansion; LNG facilities; and the $95 million city bond package.
Minutes - Regular Council Meeting
November 9 , 2004 - Page 10
Mr. Kitchens stated the city had seen a tremendous turnaround in the community's support
for bond issues. Six years ago, he said 70 percent of the voters had voted against a bond package,
while this year, 70 percent had voted in support of the bond package. He thanked the Mayor and
Council for their vision and their commitment to this effort.
Mr. Kitchens reported on a number of new job announcements as follows: Flint Hills
Resources - 20 new researchers in their laboratory; Boeing - 45 additional new aviation engineers;
Berry Ltd. - 100 new positions; Bell Fabrications -10 positions; CCAD - 90 positions; and First Data
- 220 new jobs in their facility.
Mr. Kitchens mentioned the city was featured in a number of recent publications as follows:
Tierra Grande, the state association of realtors magazine; Texas Construction Management
magazine; Wall Street Journal; Financial Times; and Business Week's Small Business magazine.
Mr. Kitchens stated the city needed to continue use its success to build momentum for more
change. Since the public sector was making the investments required, he said private sector
investments would soon follow. He mentioned, for example, an announcement today to establish
a small industrial park in the west side of the city, and pending plans for three other industrial parks.
In conclusion, Mr. Kitchens thanked the Council for their leadership, saying the city would
benefit from their vision for years to come.
Mr. Chesney stated there was a perception in the community that the EDC's statistics were
inaccurate. He asked if the EDC had ever considered hiring an economist to provide an unbiased
study of the city's economic indicators. Mr. Kitchens replied the EDC hired an economist from
Austin to validate their figures once a year. Mr. Chesney asked for a copy of any reports the
economist had developed regarding the city's economic performance. City Manager Noe stated the
city could invite the economist, Mr. Jerry Walker, to make a presentation at a future council
meeting.
Mr. Noyola stated he could see the city was growing, regardless of what the statistics said.
He asked Mr. Kitchens to focus on the section of North Padre Island Drive from Greenwood to
Agnes as a potential site for a business. Mr. Kitchens replied there was a major distribution center
in the works that was considering this area. He added the EDC made an effort to know where all
the available land in the city was. The EDC was also working with the city, utility companies, and
the communication providers to develop an overlay of sites that required the least amount of new
investment to be developed.
Mr. Scott stated there will always be naysayers in the community unwilling to acknowledge
the city's successes. Nevertheless, he said the city needed to accept this challenge, yet celebrate its
successes with a new sense of pride. He thanked Mr. Kitchens and EDC staff for their contribution
to this success.
Mr. Colmenero suggested the EDC publicize the fact that the city's economy was in
transition, and he encouraged them to publicize the measures and facts to support this effort.
Minutes - Regular Council Meeting
November 9 , 2004 - Page 11
* * * * * * * * * * * * *
Mayor Neal referred to Item 25.a., and a motion was made, seconded and passed to open the
public hearing on the following right-of-way closure:
25.a. Public hearing to consider abandoning and vacating a 43,654.61 -square foot portion of an
undeveloped and unsurfaced 40 -foot wide dedicated public right-of-way out of Lots 6 and
7, Section 26 and Lots 26 and 27, Section 27, Flour Bluff and Encinal Farm and Garden
Tracts (south of the Oso Parkway and east and west of the Quebec Drive/Oso Parkway
intersection).
No one appeared in opposition to the right-of-way closure. Mr. Scott made a motion to close
the public hearing, seconded by Mr. Chesney , and passed. Mr. Chapa polled the Council for their
votes as follows:
25.b. ORDINANCE NO. 026018
Ordinance abandoning and vacating a 43,654.61 -square foot portion of an undeveloped and
unsurfaced 40 -foot wide dedicated public right-of-way out of Lots 6 and 7, Section 26, and
Lots 26 and 27, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (south of the
Oso Parkway and east and west of the Quebec Drive/Oso Parkway intersection); subject to
compliance with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal referred to Item 26, and a motion was made, seconded, and passed to open the
public hearing on the following zoning case:
Case No. 0904-02, Kyle S. Williams: A change of zoning from a "R -1B" One -family
Dwelling District to a "B-3" Business District. The property is on five (5) acres out of
southwest corner of Survey No. 416, Abstract 838 and southwest corner of a 100 -acre tract
recorded in Volume 314, Page 531 of the Deed Records of Nueces County, Texas, also
recorded in Volume 321, Page 349 of the Deed Records of Nueces County, Texas, located
on the east side of Rand Morgan Road and 600 feet south of McNorton Road. (TABLED
OCTOBER 19, 2004)
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the `B-3" Business District, and in lieu thereof, approval of a "B-1" District with a Special Permit
for a mini -storage facility subject to five (5) conditions.
Assistant Director of Development Services Michael Gunning explained this item was tabled
on October 19, 2004 to allow the applicant to meet with the adjoining property owners to the north
and south who had expressed concern about the zoning change. Mr. Gunning stated the 20 percent
rule was still in effect today as it was on October 19. As a result of the meetings, the property
owners to the north and south, constituting more than 50 percent of the registered opposition,
Minutes - Regular Council Meeting
November 9 , 2004 - Page 12
continued to be opposed to the "B-3" zoning, but supported the "B-1" zoning with a special permit
subject to five conditions and a site plan.
No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the
public hearing, seconded by Ms. Cooper, and passed.
Mr. Kelly asked staff about the anticipated drainage for the subject property. Mr. Gunning
said he was not sure at this point, but when the applicant submitted their plat, they would be required
to submit a storm water drainage plan for review. Mr. Kelly noted the two individuals still opposed
to the zoning change resided on Caroline Road. He said he could support the project, but he wanted
assurances that the drainage plan would protect the property owners on Caroline Road. Mr. Gunning
answered affirmatively, saying the special services division of the development services department
would make this a priority. He added that Mr. Victor Gutierrez, the applicant's engineer, was
already addressing the drainage issues for the development. City Engineer Escobar also stated staff
would monitor this project closely. City Secretary Chapa polled the Council for their votes as
follows:
26. ORDINANCE NO. 026019
Amending the Zoning Ordinance, upon application by Kyle S. Williams, by changing the
zoning map in reference to five (5) acres out of the southwest corner of Survey No. 416,
Abstract 838 and southwest corner of a 100 acre tract recorded in Volume 314, Page 531 and
Volume 321, Page 349 of the Deed Records ofNueces County, Texas, (currently zoned "R -
1B" One -family Dwelling District) by granting a Special Permit for a mini -storage use
subject to a site plan and five (5) conditions; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
30. Executive session under Texas Government Code Section 551.071 to receive advice from
the City's attorneys about the City's standing to challenge potential new landfills in the
region, with possible discussion and action related thereto in open session.
31. Executive session under Texas Government Code Section 551.071 for consultation with
attorney regarding the use of public rights-of-way and property by pipelines, grants of rights
therein, fees therefore, and related matters, with possible discussion and action related
thereto in open session.
The Council went into executive session.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
November 9 , 2004 - Page 13
The Council returned from executive session, and Mayor Neal called for petitions from the
audience. Mr. Wayne Hodge, 3626 Rodwood, spoke regarding the shortage of police department
manpower.
Mr. Ricardo Sanchez, 5657 Bear Lane, provided an update on the RTA park -n -ride arena
shuttle service which kicked off last week. In total, he said the feedback from the media and from
patrons was very favorable. He said the RTA transported 4,700 passengers this weekend, 3,300 for
the Cher concert alone. The 3,300 passengers for the Cher concert were transported in 40 minutes.
The average trip time to and from the coliseum to the arena was approximately 6 minutes. The
RTA provided the services at a operational cost of $5,000.
Mr. Sanchez reported there were no fees levied for these events. Effective November 12,
however, he said the suggested fares would be a $2 base fare roundtrip, $1 for students and seniors,
and children under 5 ride free. He said the RTA's board of directors would have to approve this fee
structure, followed by the evaluation of the Fare Review Committee as required by statute. Finally,
he said future challenges would be providing customer amenities such as shelters at the arena and
coliseum. Effective customer communication was also important because the RTA was not going
to provide shuttle services for every event. In conclusion, he thanked the Council and city staff for
their support.
Mr. Scott commented he thought the $2 fare was excessive, but ultimately, the market would
probably drive the cost. He thanked the RTA for the success of the shuttle services.
Mr. Kinnison remarked he had heard nothing but positive comments about the shuttle
service. He noted there were a number of customers, however, who were waiting for shuttle services
for the hockey game on Saturday, not realizing there were no services being provided for that event.
He asked which events the RTA was planning to provide services. Mr. Sanchez said the RTA was
planning to include the shuttle schedule in the Caller -Times to keep the public informed. Mr. David
Seiler, RTA director of operations, replied they looked for a threshold of approximately 5,000 to
5,500 event attendees, and also took into account any other events taking place at the same time
which would affect available parking. Mr. Kinnison asked the RTA to work on publicizing the
RTA's shuttle schedule to keep the public informed. In addition, he said the available parking in the
arena area was probably going to be available only for a fee.
Mr. Chesney thanked the police department for their efforts to control traffic in the arena
area. He thanked the RTA for their efforts in making the service a success. He stated, however, that
he also thought the $2 fee for shuttle services was excessive. He had understood the fee was still
under review, and was surprised to hear the RTA was publicizing a set price. He asked the RTA to
improve their efforts to keep the Council informed.
Mr. Noyola thanked the police department, city staff, and the RTA for their efforts in
controlling traffic during the event. He thought the proposed shuttle fares were reasonable. He
asked for an estimate of the number of vehicles that were kept off the streets thanks to the shuttle
service. Mr. Seiler answered between 800 and 900 vehicles were kept off the streets, and thus did
not contribute to traffic congestion in the area. Mr. Noyola asked if the shuttle fares would cover
the overtime expenses for RTA employees. Mr. Sanchez replied negatively, saying it would only
Minutes - Regular Council Meeting
November 9 , 2004 - Page 14
partially offset the overtime expenses.
Mr. Colmenero thanked everyone involved for making the arena opening a success. He
asked the RTA to be especially sensitive to the needs of the elderly and disabled when planning
parking and drop-offs for the shuttle services.
Ms. Cheryl Quinones, 5403 Everhart, asked if there was another way to obtain information
and statistics from the Animal Care division besides using Open Record Requests. City Manager
Noe replied that without knowing the specifics regarding her information requests, it was preferable
to use Open Records Requests because they were formal, written requests. Mr. Kinnison asked Ms.
Quinones to e-mail copies of her information requests. If he felt the requests warranted it, he would
ask Animal Care to provide monthly statistical reports. Ms. Quinones thanked him, and said she
understood from other municipalities that the statistics she was asking for should be readily
available.
Ms. Sherry Dunlap, 5825 Hopkins, spoke regarding her concerns that aspects of the Animal
Care Action Plan were not being implemented by staff, especially the omission of the breeders
permit requirement. In addition, she was concerned there was no city or county representation at
the Texas Animal Control Association Conference the city was currently hosting.
Mayor Neal called for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal opened discussion on Item 27 regarding
Contract C of the seawall reconstruction project. City Engineer Angel Escobar explained Contract
C would authorize work in the middle portion of the seawall, between Peoples Street and Coopers
Alley. He said traffic would be diverted from the area beginning on January 1, 2005 to avoid any
delays during the holiday season. There were no comments from the audience. City Secretary
Chapa polled the Council for their votes as follows:
27. MOTION NO. 2004-416
Motion authorizing the City Manager or his designee to execute a construction contract with
CCC Universal Constructors, LLC, of San Antonio, Texas in the amount of $10,280,518.48
for the Seawall Reconstruction Project, Contract C - Peoples Street to Cooper's Alley
(Marina Reach).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent.
Mayor Neal deviated from the agenda, and opened discussion on Item 29.a. regarding the
city's license agreement with Gulfterra Energy Partners L.P. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
November 9 , 2004 - Page 15
29.a. ORDINANCE NO. 026021
Ordinance amending the License Agreement dated December 16, 2003, between the City of
Corpus Christi and Gulfterra Energy Partners, L.P.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal opened discussion on Item 29.b. regarding a code amendment to the city's
pipeline ordinance. Mr. Chesney made a motion to table this item for one week to allow for
continued discussion between the parties involved, seconded by Mr. Scott, and passed.
29.b. TABLED UNTIL NOVEMBER 16, 2004
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• • • • •
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Mayor Neal opened discussion on Item 28, a resolution opposing the permitting of additional
landfills within the city, the city's ETJ, and the coastal bend region. Assistant City Manager Ron
Massey explained staff's position on this issue. He said the effects of an additional permitted landfill
would potentially divide the waste stream even further, and would negatively affect city revenues.
In addition, he said an additional landfill raised a number of public concerns regarding
environmental, social, and economic issues. An additional landfill near the city limits could
contribute to delayed economic activity and community revitalization in the area.
Mr. Massey reviewed a chart depicting the relationship between landfill tonnage and total
annual revenues from FY 1997-98 to FY 2003-04. He highlighted the period between FY 1999-
2000 and FY 2000-01, saying the drop in tonnage and corresponding decrease in revenue coincided
with the opening of the El Centro landfill in Robstown. He said city solid waste revenues decreased
from approximately $11 million to $7 million. The city has been able to regain tonnage and
revenues since then, but not to FY 1997-98 levels.
Mr. Massey reviewed a chart illustrating the effects of removing construction and demolition
(C&D) waste from the total landfill tonnage and revenues, resulting in a $3 million reduction in
revenues.
Mr. Massey discussed the effects of removing or decreasing C&D waste from the city
landfill on commercial landfill fees. He said current fees are approximately $28 a ton to bury trash.
Minutes - Regular Council Meeting
November 9 , 2004 - Page 16
In FY 2005-06, the cost would increase to approximately $30 because of the capital investment in
the Cefe Valenzuela landfill. If the city were to lose 50 percent of the C&D waste, rates would
increase to approximately $35 a ton. if the city were to lose all of its C&D tonnage, the rate would
increase to approximately $36 a ton. Residential customers would see their rates increase from $13
a month, $18 a month if the city lost half its C&D tonnage, and over $19 a month if they lost all of
it.
In conclusion, Mr. Massey concluded additional tonnage capacity in the region would have
an adverse impact on the city. He said the city had invested significant capital and operational funds
to develop, manage, and operate landfills for the public good in the coastal bend area. The city
landfill and the El Centro landfill combined would provide 150 years of landfill capacity in the
region, and this was more than enough capacity.
Mr. Kelly asked how much C&D tonnage was generated inside the city limits and outside
the city limits. Mr. John Sendejar, solid waste superintendent of administration, stated 99,000 tons
were generated in the city limits. Mr. Kelly asked if the city could recoup losses from reduced C&D
tonnage through the municipal solid waste service charge (MSWSC). Mr. Massey replied
negatively, saying the MSWSC included only certain types of expenses. An additional landfill
would increase costs to commercial and residential customers in the city.
Mr. Noyola disagreed with staffs recommendation because he was concerned it would
adversely affect the West Oso area. He preferred to table the item to allow him to discuss the matter
with West Oso residents and business owners.
Mayor Neal asked for public comment. Dr. Bryan Gulley, 2709 Chapel View, explained he
and his partner were applying for a Type IV landfill permit that would handle only construction and
demolition debris near the Oso Creek area in the city's ETJ. Their application was being reviewed
by the Coastal Bend Council of Governments (CBCOG) Solid Waste Advisory Committee. He said
the committee voted in favor of allowing them to pursue the permit, with the city casting the only
dissenting vote.
Dr. Gulley felt city interests were protected by their MSWSC, which provided a method for
them to control waste within the city. Thus, he felt his landfill would be competing with El Centro
and BFI more than the city. He said the benefit to creating a Type IV landfill was it was much
cheaper to build than a Type I landfill that accepted household and other types of waste, allowing
for lower costs for customers.
Dr. Gulley expressed concern about the proposed resolution the Council was considering
today. stated the city should consider proposed landfill developments on a case-by-case basis,
rather than issue a blanket resolution opposing landfills in the entire coastal bend region.
Ultimately, he said the resolution was an attempt to thwart competition and private enterprise in the
city.
Mr. Mike Stringer, 1065 Potomac, said he was assisting Dr. Gulley in his endeavor. He also
spoke against the resolution because he felt the Council should consider proposed landfills on a
case-by-case basis, rather than issue a blanket statement opposing any other landfill in the coastal
bend area. He said the city was presumptuous in establishing themselves as the regional landfill
Minutes - Regular Council Meeting
November 9 , 2004 - Page 17
without any formal support.
Mr. Scott stated the city made a decision years ago to adopt a regional approach for landfill
development, and made financial obligations based on this assumption. Unfortunately, the regional
landfill approach did not materialize, but the city still had to meet its financial obligations. Thus,
he said the city would oppose any development that would impact the city's ratepayers and interests.
He said the proposed resolution was an attempt to reaffirm and formalize this general desire. Mayor
Neal agreed the city had made a decision to protect the solid waste revenue stream.
Mr. Phil Hurst, 5401 Adair, suggested the Council focus their resources on making the Cefe
Valenzuela landfill a more economically feasible enterprise, rather than fighting competition and
free enterprise.
Mr. Ralph Diaz, 10610 Gettysburg, stated the city was creating the perception that they were
anti -business and anti -competition. He said the city was on track to have the most expensive landfill
in the southwest if it continued to increase its landfill costs at current rates. He questioned the city's
legal authority to oppose development in the entire coastal bend region, saying it would negatively
affect the region. He said the competition would benefit the taxpayers, not hurt them, by stabilizing
prices.
Mr. Chesney asked Mr. Diaz to explain why the competition would help the taxpayers. Mr.
Diaz said the use of another landfill would extend the life of the city's landfill, saving the taxpayers
money. City Manager Noe retorted the landfill was expected to last 100 years, so a resident would
not see any benefit from extending the life of the landfill. Mr. Chesney stated it was difficult to
support other landfill development when the end result would be to divide the waste stream further,
leading to lower city revenues, which would have to be made up through high rates for taxpayers.
First Assistant City Attorney Jay Reining noted the COG had passed a resolution in 1996 in
which it urged the city to move as quickly as possible to apply for a new landfill with sufficient land
to serve as a regional facility.
Mr. Chesney took exception to passing a blanket resolution to prevent any new landfill
development. Mr. Reining explained the resolution would not bind future Councils; rather, it was
a statement of the city's current position on this issue.
Mr. Noe stated he thought the Council had made it clear during the last landfill discussion
that other landfills in the area were detrimental to the city's ability to operate the Cefe Valenzuela
landfill. Thus, it appeared staffs marching orders were to protect the city. He said the city had
opposed Dr. Gulley's development when it was discussed two years ago, so this was not a new
position for the city. He said staff was chastised, however, for taking this position. Mr. Chesney
took exception to Mr. Noe's characterization that he had chastised staff. He said he had sent Mr.
Noe an e-mail in which he questioned staff's position on this issue, and instead of responding to him
directly, Mr. Noe decided to place the item on the agenda for public discussion. He was upset that
Mr. Noe never answered his question, and because staff had taken an attorney from Lloyd Gosselink
et al to a COG subcommittee meeting. Mayor Neal interjected he had told the city manager to place
the item on the agenda. Mr. Noe added staff wanted to discuss the matter because they needed the
Council's support to take this position.
Minutes - Regular Council Meeting
November 9 , 2004 - Page 18
Mr. Noyola took exception to the wording in the resolution which said the city was opposed
to additional landfills in the coastal bend region. He asked if the city had conferred with the
neighboring counties about their stance. Mr. Massey replied staff recognized the city did not have
the authority to speak for other governmental entities in the coastal bend region, nor could they
speak for the CBCOG. He said staff was merely defining a loose, geographic area.
Mr. Sirfrederickvon USA King 7`h, 905 Cleveland Street #4, asked for clarification on the
type of landfill Dr. Gulley and his partner were proposing.
Mayor Neal stated the city has many regional responsibilities which translate into a burden
on local taxpayers, such as a regional water source or for airport services. He wished the city could
eliminate the need to generate revenues from its solid waste operations. The reality was, however,
that the city had a $6 million deficit in solid waste operations attributed to capital expenses. The city
could raise taxes to make up this difference, but this was not a viable option for the citizens. Thus,
the city was obligated to maintain this revenue stream to proceed with operations. Mayor Neal said
the COG was meeting this Friday to discuss the issue, and he felt it would be prudent to make a
decision on this issue today to clarify the city's position, rather than table the item until next week.
Mr. Noyola made a motion to table this item to next week to allow him to speak with the
West Oso community about the potential effects of this action, seconded by Mr. Chesney. City
Secretary Chapa polled the Council for their votes as follows: Chesney, Kelly, and Noyola, voting
"Aye"; Neal, Cooper, Garrett, Kinnison, and Scott, voting "No"; Colmenero was absent. The
motion to table failed. City Secretary Chapa polled the Council for their votes on Item 28 as
follows:
28. RESOLUTION NO. 026020
Resolution opposing the permitting of additional landfills within the City of Corpus Christi,
City of Corpus Christi's extraterritorial jurisdiction, and Coastal Bend Region as long as
sufficient permitted landfill capacity is available at existing and permitted landfills.
The foregoing resolution was passed and approved with the following vote: Neal, Cooper,
Kelly, Kinnison, and Scott, voting "Aye"; Chesney, Garrett, and Noyola, voting "No";
Colmenero was absent.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. City Manager Noe reported the next
Neighborhood Pride meeting would be held this evening for the area surrounding Victory of Life
Fellowship on Craig and 14`h Streets. The fire department would be holding their Civilian Award
ceremony today to recognize eight local residents and two organizations for their contributions to
the community. He mentioned the Council should have received a press release from the health
department on changes in the state health services recommendations for flu vaccines, narrowing the
eligible recipients to two priority groups: Group 1- residents of nursing homes, health care workers
with direct patient care, and homebound individuals who are 65+ with chronic conditions; and
Group 2 - household contacts and out of home caregivers of children 6 or younger, women who will
be pregnant this season, and adults 65+ years of age with chronic medical conditions.
Minutes - Regular Council Meeting
November 9 , 2004 - Page 19
Mr. Noe stated the following items were scheduled for consideration at next week's council
meeting: NuPAC, Inc. appeal; a briefing on the Bond 2004 schedule; TIP update; discussion on
animal control issues, including the animal care ordinance developed by the Animal Care Advisory
Committee.
Mayor Neal recognized Ms. Rebecca Martinez with the Coastal Bend Council of
Governments (CBCOG), who wished to address the Council. Ms. Martinez stated the next CBCOG
meeting was next Friday, and she wanted to inform the city about a number of issues before they
attended this meeting. She said GulleyHurst application was in the pre -application review stage, and
they had not submitted an application to the state yet. She said the TCEQ had the ultimate authority
to approve the application. Once the TCEQ had reviewed their permit, then the COG would
evaluate their application. Mr. Scott if the COG normally voted on an application in the pre -
application review stage. Ms. Martinez replied negatively, saying the action was requested by
GulleyHurst. She said the material submitted by GulleyHurst appears to be consistent with the
COG's solid waste management plan. In addition, Ms. Martinez said the resolution the city passed
appeared to limit the other landfills in the area, such as the City of Alice and the City of Kingsville,
in their ability to raise revenues. Ms. Martinez said she was meeting with the solid waste advisory
committee tomorrow, and would inform them about the city's position.
Mayor Neal called for Council concerns and reports. Mr. Noyola stated last weekend's arena
events were a great success, and he thanked the police department for their traffic management
efforts. He asked how police officer overtime was being handled because he had heard the cost was
substantial. Mr. Noe replied the city was overstaffing police officers at this time, but would
probably be able to step back on its efforts once a routine was established. Mr. Noyola was also
concerned there was insufficient shelter during inclement weather for arena patrons who arrived to
their events early. Mr. Noe said there was a covered awning in front of the arena where patrons
could seek shelter in bad weather. Mr. Noyola replied the awning would not be able to shelter a
large number of patrons. He asked Mr. Noe to look into providing more shelter.
Mr. Garrett asked if the city was using CCPD officers for arena security. Mr. Noe replied
affirmatively. Mr. Garrett announced there would be a Municipal Court Committee meeting at noon
tomorrow in the staff conference room to discuss the applicants for the part-time municipal court
judge position. Mr. Noe stated the canvassing for the November election would also be held
tomorrow at 12:30 p.m. in the Council chambers.
Mr. Kelly reported he had received a letter with photographs from a business owner on
Winnebago Street about flooding problems which had damaged a new section of the street. He
asked Mr. Noe to see if the contractor had any responsibility to repair the damage. Mr. Kelly
thanked a number of individuals, including his wife Evon, who organized a committee in support
of the Northwest library expansion. He thanked Ms. Peggy Banales for serving on the committee
as well for her support. He also thanked Ms. Elma Corkhill for her efforts in support of the Bond
2004 issue.
Mr. Kelly noted several businesses located on arterials being worked on as part of Bond 2000
had suffered a drop in business. Even after the projects were finished, he said businesses had
difficulty regaining business because the citizens didn't know the streets were now accessible. He
asked Mr. Noe to better publicize the completion of street projects to help the merchants. Regarding
Minutes - Regular Council Meeting
November 9 , 2004 - Page 20
the Bond 2004 street projects, he asked staff to make an effort to avoid working on all the arterials
in one area at the same time. Finally, he asked for a memo on the time table for the Little League
field in Ben Garza Park.
Mr . Scott asked if the city had appointed individuals to the Mustang Padre Island
Development plan committee. Mr. Noe replied negatively, but it would occur soon.
Mayor Neal asked if there was a current ordinance against parking 18 -wheelers on city
streets. He said there was a report of individuals parking an 18 -wheeler and a tractor/trailer on La
Playa Street for weeks at a time. Mr. Noe replied affirmatively, saying staff would look into it.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 3:10 p.m. on November 9, 2004.
* * * * * * * * * * * * *