HomeMy WebLinkAboutMinutes City Council - 03/24/1998I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of March 24, 1998, which were approved by
the City Council on March 31, 1998.
WITNESSETH MY HAND AND SEAL, this 31st day of March, 1998.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 24, 1998
2:00 p.m.
PRESENT
Mayor Loyd Neal
Mayor Pro Tem Dr. David McNichols
Council Members:
Javier D. Colmenero
Melody Cooper*
Alex L. Garcia Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
John Longoria
ABSENT
Edward A. Martin
City Staff:
City Manager Bill Hennings
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. He announced
that former City Council Member Tony Juarez, who served from 1978-79, had passed away on
March 22, 1998.
The invocation for the meeting was delivered by Pastor Doug Jackson, Second Baptist
Church, following which the pledge of Allegiance to the flag of the United States 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 March 17,
1998, and there being no corrections, he proclaimed them approved as presented.
*************
Mayor Neal referred to the presentation regarding Operation Clean Sweep.
Mr. Vic Menard, Chairman of the Board of Neighborhood Visions Inc., a non-profit
corporation that seeks to improve the quality of life in disadvantaged neighborhoods, described the
second annual mission of Operation Clean Sweep. He said about 25 dilapidated structures --havens
for illegal drug use and other criminal activity --will be demolished and the debris removed during
a two-week period.
Mr, Bob Bradley, Vice Chairman of Neighborhood Visions Inc. and a representative of BFI
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Regular Council Meeting
March 24, 1998
Page 2
Waste Systems, said Operation Clean Sweep is made possible by the cooperation of many entities:
both the Bay Area and the North Bay Area Community Advisory Councils, the City of Corpus
Christi and the C.C. Police Department, Nueces County and Nueces County Sheriff's Department,
Texas National Guard, U.S. Attorney for the Southern District of Texas, and Operation Weed and
Seed. In addition, four corporations contribute cash or gifts -in-kind to the project: Koch Refining,
CITGO Refining, Central Power & Light, and BFI. He said this year's Operation Clean Sweep will
involve the demolition of structures throughout the city.
Mr. Menard noted that the second mission in 1998 of Operation Clean Sweep, to occur later
this year, will take place in surrounding communities, which is possible through the partnership of
Nueces County and the Sheriff's Department. He also commended city staff for their efforts.
*Council Member Cooper arrived at the meeting at 2:10 p.m.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience. He pointed out that at this Council
meeting he would allow members of the audience who had not signed up to speak during the public
comment portion of the meeting to address the Council if they wished; however, in the future only
those who have signed up to speak during the public comment portion will be allowed to do so.
Mr. Glynn Pugh, 725 Harrison, discussed the benefits of a city -owned electric distribution
system and he proposed a 25% reduction in electric rates for city residents. He said Central Power
and Light has not been motivated to reduce costs because they pass them along to the rate payers.
He said cogeneration plants will reduce costs, including fuel costs. He suggested that three entities --
Central Power and Light, Corpus Christi Power and Light, and the City of Corpus Christi --offer
electric service in the city. Mayor Neal informed Mr. Pugh that the Council will discuss the issue
of municipal electric utility service on April 14, 1998.
Mr. Phil Rosenstein questioned what will be the cost of repairs to the seawall, particularly
since the estimates for the study have increased from about $355,000 to $881,000. He said city staff
is not communicating with the Council.
Mr. J.E. O'Brien, 4130 Pompano, read a declaration of policy from the Texas Open Records
Act which states that all persons are entitled to full and complete information regarding the affairs
of government and the official acts of those who represent them as public officials and employees.
He said the people, in delegating authority, do not give their public servants the right to decide what
is good and not good for the people to know.
Mr. Leon Perez, 904 Buford, questioned the need for the seawall.
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Regular Council Meeting
March 24, 1998
Page 3
Mr. William Kelly said he would make his remarks later in the meeting regarding Item 8.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 2, computer systems. He called for comments from
the audience, and there were none.
City Manager Hennings said the procurement of these computer systems are necessary
regardless of the Year 2000 compliance problem because four of the existing systems are obsolete
and inefficient. He said about $7 million will go toward the purchase of the four major computer
systems out of the total project budget of $9.8 million; of that amount about $1.6 million is related
to the Year 2000 compliance issue.
Using visual aids, Mr. Hennings described in detail the computer replacement project. He
noted that the four systems being replaced are: payroll (which was developed in 1973); Municipal
Court (1974); financial management system (1982); and fleet system (1983). He said the police
computer system and the utilities billing system have already been replaced, which he explained. Mr.
Hennings also detailed the improvements that will occur with the replacement of the other four
systems, and he described the process that was followed, including site visits, evaluations by a city
staff team and local and national consultants, and vendor demonstrations. He said the request for
proposals also asked the vendors to consider the alternative of providing the services through a
service contract arrangement; however, that alternative was determined to be too costly and it did
not provide for a local representative or a price cap.
Mr. Hennings then discussed the results of the vendor selection process: Arthur Andersen
for the financial management and human resources systems; Court Specialists Inc. for Municipal
Court; and KPMG for fleet management. He said the implementation of these new systems will
entail meeting schedule commitments; project oversight and coordination; continuing to dedicate
personnel to the project; testing; developing contingency plans; and extensive training. The City
Manager also discussed the timeline for implementation by the Year 2000, and he commended the
efforts of city staff and the participation of the Council's Administrative Analysis Committee.
Responding to Mayor Neal, Mr. Hennings said several costs will be financed through the
issue of certificates of obligation, including the purchase of the four new computer systems, all of
the upgrades, replacement and upgrades of the personal computers, and staff training and consulting.
Following further discussion, Mr. Hennings explained that if the city retained the existing mainframe
computer system and paid to have it upgraded to be Year 2000 compliant, over the next 10 years it
would cost $28,688,579, while the cost of replacing the four systems (including compliance) over
the 10 -year period will be $29,399,209, a difference of $710,630 for that period.
Council Member Betty Jean Longoria thanked the other members of the Administrative
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Regular Council Meeting
March 24, 1998
Page 4
Analysis Committee --Alex Garcia, Dr. McNichols, and John Longoria --as well as city staff. Dr.
McNichols pointed out that since the city acquired its mainframe system from Exxon in 1992, it has
been able to continue operating up until now at a substantial savings. He said even if the city had
converted from the mainframe system some years ago, it still would have had to upgrade its
computers to be Year 2000 compliant. He added that the Council needs to determine how the city's
budget will accommodate the additional cost for the computers in future years.
Council Member Colmenero briefly discussed the principal and interest payments, as well
as the timing of the conversion from the old mainframe system to the new systems. Mr. Hennings
said staff believes it will take until the Year 2000 until the old system can be discontinued. Council
Member Garcia commented on the dedication of the city employees in this task, including Assistant
City Manager Jorge Garza as the project manager.
City Secretary Chapa polled the Council for their votes as follows:
2.a. M98-080
Motion authorizing the City Manager or his designee to negotiate and execute an agreement
with Arthur Anderson LLP for the purchase of a financial management system, a human
resource information system, and associated services for a cost not to exceed $4,644,552 and
an ongoing five year cost not to exceed $1,302,661, for a total cost not to exceed $5,947,213.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
2.b. M98-081
Motion authorizing the City Manager or his designee to negotiate and execute an agreement
with Court Specialists Incorporated for the purchase of a Municipal Court system and
associated services for a cost not to exceed $760,833 and an ongoing five-year cost not to
exceed $331,085, for a total cost not to exceed $1,091,918.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
2.c. M98-082
Motion authorizing the City Manager or his designee to negotiate and execute an agreement
with KPMG Peat Marwick LLP for the purchase of a fleet management system and
associated services for a cost not to exceed $865,086 and an ongoing five-year cost not to
exceed $144,161, for a total cost not to exceed $1,009,247.
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Regular Council Meeting
March 24, 1998
Page 5
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
2.d. M98-083
Motion approving the purchase of computer equipment from the Texas Department of
Information Resources based upon the State Cooperative purchasing agreement for a cost not
to exceed $781,492 and an ongoing five year cost not to exceed $287,119, for a total cost not
to exceed $1,068,611.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, seawall investigation project. He called for
comments from the audience.
Mr. J.E. O'Brien asked about the certification of funds for Items 2 and 3. City Attorney Bray
said the city does have certification certificates, adding that the certificates of obligation have been
sold on the computer contracts so the funds are available, as are funds for the seawall investigation.
Mr. Chapa noted that he had the certification of funds for Item 3. (The certification of funds for Item
2 were completed prior to the Council meeting and were being hand -carried to Mr. Chapa during the
meeting, as indicated later in the minutes.)
Referring to Item 3, City Manager Hennings said that in the early 1980s there was much
public discussion about the need to perform repair work on the seawall. Mr. Jim Naismith, one of
the engineers involved in the original design of the seawall (who has since passed away), spoke to
the City Council on several occasions about planning for the repair of the seawall, which was
planned to have a life expectancy of 40 years. In the 1986 bond election, $4.5 million was allocated
to begin that repair work, although it was known that much more repair needed to be done. He said
the intention was to include some funding in future bond elections to continue the repair of the
seawall; however, 12 years has elapsed since the last bond election.
Mr. Hennings said the issue of the seawall repairs was discussed by the Council again in
1997 as part of the initial plans for the next capital improvement program. He said at that time staff
did not know how much work needed to be done on the seawall, and that will not be known until the
engineering survey is completed. He said staff estimated that the study would cost $355,000;
subsequently, staff has gone through a process of selecting an engineering firm, talking with
consultants, and learned a great deal about the state-of-the-art analytic equipment available. As a
result, staff is recommending that a study be undertaken at the cost of $881,000. He said if the
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Regular Council Meeting
March 24, 1998
Page 6
Council wished, staff could pare back the study and recommend a lesser approach that will cost less
money. He said staff believes the amount they are recommending for the study would be money well
spent and it would be the most prudent way to proceed on the project.
Mr. Hennings added that staff is proposing the study be funded from the sale of land to the
federal government for the new federal courthouse. If the Council prefers not to use those monies,
staff can propose another alternative to fund the study --an advance from capital improvement funds
with the intention of repaying it from the next bond sale that would include funding for this project.
Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, explained that the
seawall is part of the "bayfront protection structures" for which construction began in 1939. The
seawall extends from the Holiday Inn on Buford Street around the Bayfront Arts and Science Park
almost to the Harbor Bridge. Other elements include the breakwater system, T -Heads, L -Head, and
a tie -back levy; additionally, the protection works extend around the port area and incorporate a
number of the cargo docks on the south side of the ship channel.
Mr. Crull further described the seawall structure itself utilizing visual aids, and he discussed
areas of the seawall where deterioration may be occurring, such as the steel sheet piles, timber piles,
and the concrete apron/sidewalk (including possible voids there). He then discussed the structure and
condition of the bulkheads around the T -Heads and L -Head. Mr. Crull said improvements that were
made in the 1980s primarily concentrated on the barge dock area and the bulkheads.
He continued that the goal of these proposed consultant contracts is to receive an update and
verification of the condition of the bayfront protection structures, as well as the elevation of the tie-
back levy. He described elements of the study, including dynamic testing of some of the timber piles
and structural loading (wave actions). He said following the study, staff will identify the options for
renovation and repair of the structures.
Mr. Jim Shiner, of Shiner, Moseley & Associates, briefly described elements of a 1985 study
of the seawall, and he noted that there are investigative techniques that are currently available that
were not available at that time. He also described technical aspects of the current investigation,
which will be much more intensive than previous investigations.
Mr. Angel Escobar, Acting Director of Engineering Services, explained why there is a cost
difference between staffs original estimate of the study ($355,000) that was provided to the Council
four months ago and this proposed study ($881,000). He said the previous estimate did not include
a comprehensive soil investigation requirement or a capacity assessment of the piles that support the
seawall steps. In addition, the original estimate did not include a way to gauge the size of the voids
underneath the seawall steps; now staff is recommending a non-destructive investigation procedure
to analyze the voids. Mr. Escobar also described other differences between the two cost estimates.
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Regular Council Meeting
March 24, 1998
Page 7
Council Member Gonzales expressed concern and frustration that staff had originally
recommended extensive changes to Shoreline Boulevard (including realigning some of the travel
lanes) as part of the Gateway Project when there is an urgent need to investigate and repair the
seawall and the other bayfront protection structures. He said staff should have come to the Council
from the beginning with a more realistic estimate of the cost of the seawall investigation.
Mr. Hennings replied that last fall when staff estimated the cost of the seawall investigation,
they did not have much of the information they have today. He said he raised the issue because he
feels it is an important priority in the community, and he added that it is unknown where the money
will come from for the construction of the seawall repairs. He apologized that staff's estimate was
so different from the current estimate, but he said looking back he does not know how they could
have estimated differently since they did not have sufficient information at the time.
Dr. Gonzales said if staff did not have the information they needed, they probably should
have waited before making an estimate and consulted with engineers first. Mr. Crull said the charge
given to the Engineering staff last fall was to arrive at an estimate in about one week's time, and
although certain technologies were available at the time, the original estimate did not include
application of those technologies to demonstrate the total condition of the seawall. Dr. Gonzales said
the Council asked staff to determine what needed to be done to repair the seawall.
Responding to Council Member John Longoria, Mr. Crull said the seawall protects the area
between Shoreline Boulevard to Lower Broadway from about Furman Street to the Bayfront Arts
and Science Park, as well as some of the industrial area of the port and the West Broadway area. He
added that while there is some visible cracking in the seawall, there is not much visual evidence of
deterioration, which emphasizes the need for an extensive investigation of its structure due to its age.
Mr. Crull added that if there was a significant weakness in the seawall and a major hurricane struck,
it could result in the collapse of the seawall (possibly one section at a time in a domino effect),
resulting finally in the flooding of the downtown area. He also described the investigation in detail.
Mr. Longoria asked how repairs to the seawall would be funded, and Mr. Hennings replied
that he anticipates the recommendation to be a phased approach to the repairs, which was the
recommendation in 1986 when the first phase of repairs was undertaken. He said the cost of repairs
to the whole structure is probably too great to be accomplished at one time. Mr. Longoria questioned
whether an alternative would be to study a portion of the seawall rather than the whole structure
since the funds to repair the whole structure are not available. Mr. Crull said staff could provide an
estimate of an extensive investigation on just a designated portion of the seawall, although he noted
that the engineering contracts had been negotiated on the basis of an extensive investigation on the
entire length of the seawall.
Mr. Hennings said the purpose was to have the results of an investigation of the entire
seawall structure in order to plan for repairing it in phases. He said if the Council planned to have
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Regular Council Meeting
March 24, 1998
Page 8
a bond election in January 1999, the results of the study would be available in September 1998 in
case the Council wanted to include some seawall repairs in that bond election. The City Manager
said another approach would be to focus on one section of the seawall for investigation, with funding
for repairs to be considered as part of a January bond election, which if planned would be called for
by the Council in October 1998.
Council Member Colmenero asked several specific questions about investigation procedures
and possible repair methods that could be undertaken, including filling the voids and reinforcing the
steel sheet piles, which Mr. Crull explained. He also reiterated that the original estimate of $355,000
was based on a review of the studies that were conducted of the seawall in 1985-87, including the
costs of those studies, and projecting that information forward with some adjustments.
In response to Council Member Garcia, Mr. Escobar explained why staff selected two apron
panels (panels 205 and 206) for further investigation, and Mr. Crull briefly discussed the need for
study of the L -Head and T -Heads and he addressed specific aspects of the proposed contract with
Shiner, Moseley & Associates. Replying to another question from Mr. Garcia, Mr. Hennings said
staff does not know how much the repairs will cost, which will be one of the outcomes of the seawall
investigation. He added that the contract requires the consultant to establish priorities for renovations
so that the work can be accomplished in phases, and he emphasized the importance of the bayfront
protection structures.
Council Member Betty Jean Longoria said she thought this project is very important, even
with the knowledge that there are many infrastructure needs in the city.
In reply to Council Member McNichols, Mr. Hennings said there are good reasons why a
comprehensive study of the whole seawall is more advantageous; however, it is possible to do a
more restrictive approach. Dr. McNichols recommended that the Council first consider the proposed
contracts for a comprehensive study, and if those fail to pass, then other Council members would be
able to make a motion regarding a restricted study.
Mayor Neal said Council members have expressed concern about the difference between the
original estimate and the proposed study amount. Mr. Hennings replied that the $355,000 was based
on the 1985 study, which did not include many of the items being recommended at this time, and
it was determined that more needs to be done. Mr. Crull added that the request for proposals was to
do a comprehensive study of the seawall. Mr. Hennings said the process of receiving proposals and
interviewing firms is always very educational and involves refining the scope of work that actually
needs to be done.
Mayor Neal also referred to the discussion the Council had last January concerning the use
of funding for the Gateway Project. He expressed concern that once the Council approves the seawall
investigation for $881,000, there will be no money for two of the Gateway Project items that were
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Regular Council Meeting
March 24, 1998
Page 9
deferred (one being lighting on Shoreline Boulevard). Mr. Hennings replied that the discussion in
January was about how the available Gateway funds could best be used in carrying out the original
purpose of the Gateway Project. He noted that he brought the issue of the seawall to the Council's
attention at that time, and it was his opinion that the $4 million would have been better spent on
more urgent needs; however, the Council voted to spend most of it on visible enhancements in the
Gateway Project, although it did allocate some funds for the seawall study. He reiterated that he had
told the Council there was not an identified source of funds for the seawall repairs but it is a need.
Mr. Longoria said he did not support this proposal but he favored proceeding with a phased
study approach. He also asked if there were any cost-sharing opportunities with the port, and Mr.
Hennings said he would have to review that but he did not think they had any available funds to
allocate to the project.
Dr Gonzales said he supported conducting a comprehensive study of the whole seawall, with
the possibility of excluding the study of the L -Head and T -Heads. Mr. Garcia said he thought the
study should be conducted in phases so as not to jeopardize funds that had been earmarked for
community improvements. Responding to a question from Mr. Garcia, Mr. Crull said staff had
discussed the possibility of a transfer of title of the seawall to the U.S. Army Corps of Engineers,
but that was prior to many natural disasters that have occurred elsewhere. They have also discussed
the possibility of peer review by the Corps on the study and on any repair work of the seawall.
Replying to Mayor Neal, Mr. Hennings said if the Council opted to fund this study through
an advance from capital improvement funds with the intention of repaying it from the next bond sale,
some street and park improvements would have to be postponed.
Dr. Gonzales questioned whether this item should be postponed so as to allow staff time to
renegotiate with the engineering firms to find ways to eliminate areas that are not necessary. Mr.
Shiner said the only area of the study that could possibly be eliminated would be the L -Head and T -
Heads, although they would not recommend it. He said the rest of the study is needed in order to
provide protection to the downtown area. Mr. Colmenero pointed out that Corpus Christi has not had
a major hurricane in many years, and Mr. Shiner agreed that it is not known whether the seawall
would be able to withstand a major hurricane in its present condition.
Mr Jimmie Till, 1265 Southern Minerals Rd., said he thought this study was very important.
City Secretary Chapa polled the Council for their votes as follows:
3.a. ORDINANCE NO. 023255
Ordinance appropriating $131,000 from the sale of city property to the General Services
Administration in the No. 220 Streets Capital Projects Fund; transferring $131,000 from the
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March 24, 1998
Page 10
No. 220 Streets Capital Projects Fund in the No. 291 Parks Capital Projects Fund;
appropriating $881,000 in the No. 291 Parks Capital Projects Fund for the seawall
investigation project; amending Ordinance No. 023174, which adopted the FY 97-98 Capital
Budget, to add $526,000 to the Park and Recreation program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Gonzales, B. Longoria, McNichols, and Neal voting "Aye"; Garcia and
J. Longoria voting "No"; Martin absent.
3.b. M98-084
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$36,804 with Bracco Construction Co. for seawall inspection at panels 205 and 206.
The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B.
Longoria, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No"; Martin
absent.
3.c. M98-085
Motion authorizing the City Manager or his designee to execute a contract for engineering
services related to the seawall investigation project with Shiner, Moseley & Associates Inc.,
for a fee not to exceed $612,500.
The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B.
Longoria, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No"; Martin
absent.
3.d. M98-086
Motion authorizing the City Manager, or his designee, to execute a contract for geotechnical,
laboratory, and petrography services related to the seawall investigation project with Bacon
Engineering, Inc., for a fee not to exceed $49,000.
The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B.
Longoria, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No"; Martin
absent.
3.e. M98-087
Motion authorizing the City Manager or his designee to execute a contract for non-
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Regular Council Meeting
March 24, 1998
Page 11
destructive/non-invasive investigation services for the seawall investigation project with
W.G. Jaques Company, for a fee not to exceed $86,210.
The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B.
Longoria, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No"; Martin
absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4, music festival leases.
Council Member Garcia noted that the Foundation of Hope's vision statement indicated that
it publishes the results of its efforts. He asked if the organization does, in fact, publish in any article
that is released to the public what its successes are for the fiscal year. Ms. Alicia Gallegos -Gomez,
representing the Foundation of Hope, said they do not, adding that they do not operate in the same
way as traditional non-profit organizations. She said the foundation was established to utilize
people's time and talent to help the community without placing a burden on the taxpayer, which she
further described.
Mr. Garcia said he has been asked by citizens where the Foundation of Hope is housed,
whether it is a Catholic organization, and whether or not it is viable. Ms. Gallegos -Gomez said she
has not met anyone that does not know they are a viable organization. She added that Council
Member John Longoria was a mentor in their program, and she said they do not seek publicity.
Council Member Gonzales said that representatives of the Food Bank told him there had been
unpaid bills with regard to their previous partnership with the reggae festival. Mr. Sirron Kyles,
Executive Director of the Bob Marley Festival Tour, said Mr. Carl Sams was associated with the
festival the first time it was held in Corpus Christi in 1994, and he did not meet some of the financial
requirements. Mr. Kyles added that his company was not involved with the Labor Day music festival
held last year by the Food Bank.
Council Member Betty Jean Longoria said the city has a responsibility to the non-profit
organizations that participate in such festivals that they not lose money due to mismanagement. She
added that the Council had also raised other concerns last week, including the additional cost for
police services, She said the Council postponed action on this item last week because neither the
Foundation of Hope nor the promoter were present, and the Council wanted them to be aware of
their concerns. Mr. Kyles said they have been producing this event for many years around the
country and they would not continue to be successful if they had not managed it properly. Ms.
Gallegos -Gomez said the Foundation of Hope had shared the Council's concerns when they were
informed that the foundation would be the non-profit organization associated with this event, but
they had been reassured in a letter from Mr. Hennings that they need not be concerned.
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Regular Council Meeting
March 24, 1998
Page 12
Mayor Neal called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
4.a. ORDINANCE NO 023256
Authorizing the City Manager or his designee to execute a one year lease agreement with
S.V. Kyles and Associates/Earth Works Productions to hold a reggae music festival and
related activities including non-exclusive use of sidewalks and medians on Shoreline
Boulevard, North of IH37 between Resaca and Palo Alto Streets, on the Memorial Day
weekend, from 6:00 a.m. Wednesday, May 20, to 6:00 a.m. Wednesday, May 27, 1998, and
including exclusive use from 6:00 a.m. Saturday, May 23, to 6:00 a.m. Tuesday, May 26,
1998 in consideration of a permit fee and 4% of the gross receipts or direct city costs,
whichever is greater.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales
voting "No"; Martin absent.
4.b. ORDINANCE NO. 023257
Authorizing the City Manager or his designee to execute a one year lease agreement with
S.V. Kyles and Associates/Earth Works Productions to hold a musical event featuring a
variety of music and related activities including both exclusive and non-exclusive use of
sidewalks and medians on Shoreline Boulevard, north of IH37 between Resaea and Palo Alto
Streets. Non-exclusive dates for the event would be from 6:00 a.m. Wednesday, September
2, to 6:00 a.m. Wednesday, September 9, 1998, and including exclusive use from 6:00 a.m.
Saturday, September 5, to 6:00 a.m. Tuesday, September 8, 1998 in consideration of a permit
fee and 4% of the gross receipts or direct city costs, whichever is greater.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales
voting "No"; Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 5, engineering services for the airport. He called for
comments from the audience, and there were none. In reply to Council Member Garcia, Mr.
Hennings said this was a pavement project, and Russell-Veteto Engineering has done work like that
at the airport previously. He said the selection process concluded with Russell-Veteto being at the
top of' the list, although the other two consultants also would have performed well. City Secretary
Chapa polled the Council for their votes as follows:
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Regular Council Meeting
March 24, 1998
Page 13
5.a. ORDINANCE NO. 023258
Ordinance appropriating an unappropriated fund balance of $10,725 in the No. 245 Airport
Capital Projects Fund; appropriating $558 of interest earnings in the No. 542 Airport Capital
Projects Fund; appropriating $72,405 of interest earnings in the No. 544 Airport Capital
Projects Fund; appropriating $6,061 of interest earnings in the No. 546 Airport Capital
Projects Fund to award a contract to provide design and construction administration services
for Airfield Improvement Projects; appropriating $51,739 of Passenger Facility Charges in
the No. 246 PFC Fund to reimburse airport capital reserves previously spent for ARFF
facility improvements at the airport; amending Ordinance No. 023174, which approved the
FY97-98 Capital Budget, to add $141,488 to the Airport Program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal
voting "Aye"; Martin absent.
5.b. M98-088
Motion authorizing the City Manager or his designee to execute a contract with Russell
Veteto Engineering, Inc., to provide engineering services for the commercial apron
rehabilitation, and west General Aviation (GA) apron repairs/taxiways A2 and B3
improvements projects at Corpus Christi International Airport in an amount of $129,000.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 6, charges for Emergency Medical Services. He
called for comments from the audience, and there were none.
Responding to Council Member McNichols, Mr. Hennings said staff projects a 14% increase
in collections this year, which is outstanding. City Secretary Chapa polled the Council for their votes
as follows:
6. M98-089
Motion authorizing the City Manager or his designee to execute an amendment to the
contract with Texas Medical Data Services of Texas, Inc., to provide for payment of a bonus
of 8% of collections in excess of $2.1 million annually
Minutes
Regular Council Meeting
March 24, 1998
Page 14
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
* * * * * * * * * * * * *
Mayor Neal called for a 10 -minute recess.
*************
Mayor Neal opened the public hearing on Item 7, assessment roll for Southmoreland
Addition Street Improvements - Phase 1.
There were no comments from the audience on Item 7. Council Member John Longoria made
a motion to close the public hearing, seconded by Council Member Garcia, and passed.
In reply to Council Member McNichols, Mr. Crull explained that this project is being funded
out of the Community Development Block Grant (CDBG) program and is based upon staff's
recommendation to the Planning Commission and ultimately to the City Council. He said the city
has performed a number of street improvements in CDBG-eligible areas and this is one of the areas
that has not been completed. Dr. McNichols pointed out that this project is different from the
voluntary paving assessment projects.
Council Member Betty Jean Longoria asked Mr. Crull to further explain the voluntary paving
assessment program. Mr. Crull said the construction contracts for those projects are initially funded
through a bond program, and a portion of the cost of the street improvements are assessed to the
property owners within the guidelines of the ordinance. He said for an average lot an assessment can
range from $800 to $1,000, depending on the driveway, which can be paid out over a five-year
period at a certain interest rate. He added that there is a waiting list for that program, but staff is
reviewing a way in which that process can be expedited.
Responding to Council Member Garcia, Mr. Crull said for more information the public can
contact the city's voluntary paving coordinator. He also explained how the petition process works.
Council Member Colmenero asked if most of the neighborhoods involved were older
neighborhoods. Mr. Crull said the city is trying to convert the streets that were built without curbs,
gutters, and sidewalks by incorporating those improvements, as well as underground drainage
systems instead of roadside drainage. Mayor Neal and Mr. Hennings noted that much progress has
been made in improving neighborhood streets over the years.
City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
March 24, 1998
Page 15
7.b. ORDINANCE NO. 023259
Ordinance closing the public hearing on proposed assessments for improvements to the
following highways in Corpus Christi, Nueces County, Texas - Southmoreland Addition
Street Improvements, Phase 1:
Naples Street—Baldwin Boulevard to Kosar Street;
Naples Street—Edwards Street to Blevins Street;
Tarlton Street—Ayers Street to Naples Street; and
Lewis Street—Edwards Street to Blevins Street;
imposing assessments totaling $97,013.48 against property abutting the improvements,
affected railways, and property and railway owners; fixing corresponding liens on property
and charges against property owners; providing for subsequent adjustment of assessment
amounts and the corresponding liens and charges based on as -built conditions; specifying
assessment payment terms and lien enforcement measures.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal
voting "Aye"; Martin absent.
7.c. M98-090
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $888,325 with COF Corporation, Corpus Christi, Texas for the Southmoreland
Addition Street Improvements - Phase 1.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on Item 8 to consider the location of a community
residential facility for substance abuse treatment under the Texas Department of Criminal Justice.
There are three proposed sites for a facility: 1301 Chaparral, 1501 N. Tancahua, and Route 3, Box
460, Saratoga Blvd. Mr. Hennings said he was withdrawing Item 8.b. for one week.
Mayor Neal called for comments from the audience.
Mr. Michael O'Reilly said he was in favor of opening a substance abuse rehabilitation center
but not at the Hoover Hotel location at 1301 Chaparral. He said Chaparral Street is the entrance to
the heart of the city's arts, culture, and history, and locating a rehab center there would not be in the
city's best interest.
Minutes
Regular Council Meeting
March 24, 1998
Page 16
Ms. Laurie Cook, Chair -Elect of the Greater Corpus Christi Business Alliance, said the
Alliance is opposed to the proposal of locating a rehab facility at 1301 Chaparral. She added that
they feel such a facility is needed in the city.
Mr. Bill Kelly said he and his partner own a law office at 1402 N. Chaparral and he
expressed concern that investors would be unwilling to invest in that area if a rehab center is located
at 1301 Chaparral.
Council Member McNichols made a motion to close the public hearing, seconded by Council
Member Cooper, and passed.
Responding to Council Member John Longoria, Mr. Tom Utter, Assistant City Manager for
Development Services, said since the proposed location at Route 3, Box 460, Saratoga Boulevard
is outside the city limits, the city does not have a voice in that proposal.
Council Member Colmenero asked how the city could assist the providers of these services
in finding an appropriate location for a substance abuse rehabilitation center. Mr. Hennings replied
that those providers could contact the city's Planning Department regarding the zoning in different
areas, as well as the Greater Corpus Christi Business Alliance.
In reply to Council Member Gonzales, Mr. Utter said staff will be recommending that the
Council pass a resolution opposing the location at 1301 Chaparral, and that they not take a position
on the proposed location at 1501 N. Tancahua. However, the Tancahua location does not have the
proper zoning for such a facility, and they would have to come back to the city in the future for the
correct zoning. Dr. Gonzales said such a facility is needed, and he asked if the city was
recommending that they seek another location. Mr. Utter said he understood that the applications for
the operation of such a facility were due to the Texas Department of Criminal Justice by March 18t,
so they would not be able to look for another site.
Council Member Betty Jean Longoria noted that a similar facility is located in her district.
She added that while it appears the Council is in agreement about the need for such a facility, the
Chaparral location would not be appropriate.
8.b. WITHDRAWN
Resolution -final tat .,«...,.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 9, consideration of Solid Waste Services.
Minutes
Regular Council Meeting
March 24, 1998
Page 17
City Manager Hennings said staff would be making a presentation on Solid Waste Services
at this meeting, and he proposed that the Council have a second phase of this discussion at a future
Council meeting about the issue of changing garbage collection and recycling collection to once per
week.
Referring to a timeline, Mr. Utter pointed out that the life of the Elliott Landfill has been
extended to about February 2004 due to many factors, including a diversion of woody yard waste
into the city's composting facility, the purchase of a much heavier compactor, and the use of
alternative daily cover instead of soil. He said that allows for more time for the construction of the
new landfill. Mr. Utter noted that the Council had received a copy of an audit conducted by Collier,
Johnson & Woods, and the department is on plan for the amount of money the city is supposed to
have in reserve for the bond issues.
Mr. Andy Leal, Director of Solid Waste Services, gave a lengthy computer-generated
presentation (created by planner Mr. Joe West) on many aspects of Solid Waste Services, including
the following: services provided; new landfill permit status; long-term financing plan; proposed
ordinance modifications; and various service options for waste collections. Mr. Leal noted that the
department consists of 231 employees and is managed by a director, assistant director, planner, and
three division heads over the areas of administration, collections, and disposal. The Solid Waste FY
97-98 budget is approximately $11.4 million, and about 65% of the budget is for collections, 30%
is for disposal, and 5% is for administrative services.
Mr. Leal said collections consists of garbage collection, brush collection, and recycling,
which he described in detail, including the fee structure. He also discussed the Solid Waste
compliance program, and he said that as a result of a grant from the Coastal Bend Council of
Governments, an additional compliance officer is being added to the one existing officer. With
regard to disposal, Mr. Leal discussed the landfill operation including sources of disposal volume.
Throughout his presentation, Mr. Leal used photographs to illustrate his points, and he answered
questions from Council members on different aspects of the Solid Waste Services programs. He also
briefly addressed some of the proposed changes to the ordinance.
Mayor Neal said the proposed changes need to be widely distributed throughout the city
before the Council considers them, and Mr. Utter agreed.
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 10 through 16, and Council members requested that
Item 16 be withheld for discussion. There were no comments from the audience. City Secretary
Chapa polled the Council for their votes and the following were passed:
Minutes
Regular Council Meeting
March 24, 1998
Page 18
10. M98-091
Motion approving the purchase of 30,000 feet of fiber optic cable from Graybar, Corpus
Christi, Texas in accordance with Bid Invitation No. BI -0102-98, based on low bid for a total
of $52,230. This cable will be used by the Traffic Signals Division of the Street Department.
Funds have been budgeted by the Street Department in FY 97-98.
The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
11. M98-092
Motion approving supply agreements with Maintenance Engineering Corporation, Corpus
Christi, Texas for lubricated plug valves in accordance with Bid Invitation No. BI -0111-98
based on low bid for an estimated annual expenditure of $38,420.60. The lubricated plug
valves will be inventoried by the Warehouse and used by the Gas Department in the City's
natural gas distribution system. 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. Funds have been budgeted by the Gas
Department in FY 97-98.
The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
12. M98-093
Motion approving the purchase of eighty traffic signal video cameras from Ken Bridges A-V,
Corpus Christi, Texas in accordance with Bid Invitation No. BI -0103-98 based on low bid
for a total of $108,800. Funds have been budgeted by the Street Department in FY 97-98.
The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
13. M98-094
Motion authorizing the City Manager or his designee to execute a Construction Contract with
Haeber Roofing in an amount not to exceed $105,849 for the Memorial Coliseum Roof
Coating Improvements.
The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
Minutes
Regular Council Meeting
March 24, 1998
Page 19
14. Iv198-095
Motion authorizing the City Manager or his designee to execute a subcontract with Youth
Odyssey Inc. for $17,139 to provide services within the 78415 zip code area for youth ages
12-17 years.
The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent.
15. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a Use Privilege Agreement with the
law offices of Canales & Simonson for the right to install and maintain an aerial
communications cable across the Crews Street right-of-way and within the Morgan Street
right-of-way, to provide a communication link between the firm's offices located at 2501
Morgan Street and 2601 Morgan Street; and establishing a fee of $265.
The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia,
Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin
absent.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 16, amendment to the animal control ordinance. He
asked if the proposal was to raise the cost of renting the trap to $45. Mr. Hennings said if the trap
is not returned, the city will charge a $45 replacement cost. City Secretary Chapa polled the Council
for their votes as follows:
16. FIRST READING ORDINANCE
Amending Chapter 6- Animal Control, Sections 6-1, 6-10(C), 6-18(E), 6-21(J), 6-22(A), 6-
23(C), and 6-25(B) of the Code of Ordinances to revise the amounts of fines and charges, to
conform to various provisions to State law, and make certain other changes and amendments.
The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia,
Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin
absent.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
March 24, 1998
Page 20
Mayor Neal called for the City Manager's report. Mr. Hennings said items scheduled for the
March 3l Council meeting included budget -related issues, as well as the proposed public art project
on Shoreline Boulevard. At noon next week the Council will have a joint meeting with the Board
of Directors of the Crime Control and Prevention District.
In his report, Mayor Neal asked the Council to review the proposed capital and operating
budget adoption calendar. He referred to a memo in the Council's transmittal about the National
Estuary Consistency Review Program, and he asked Mr. Utter to provide the Council with a
presentation on that issue during an upcoming meeting. The Mayor also asked Mr. Utter to brief the
Council on the issue of the 911 charges. Mr. Utter said the Mayor and others met with the Attorney
General and some of his staff and subsequently the city submitted a supplemental brief to the
Attorney General's Office which they are currently considering. He said they hope to receive an
opinion in about 30 days. Mayor Neal also asked for a report on the Old County Courthouse
Committee. He then called for Council concerns and reports.
Council Member John Longoria requested a report on the development of restaurants on the
T -Heads. He noted that the Council had been provided with a draft of the Residential Traffic
Management Program, which will be discussed at an upcoming meeting. With regard to previous
action the Council took on a disparity study, Mr. Longoria asked if the Council had specifically
intended the study to be done by the LBJ School of Public Affairs, and Mr. Hennings said that was
correct. He said staff was preparing a contract with the LBJ School to bring back to the Council on
April 21st along with alternatives for funding the study.
Responding to Council Member Gonzales, Mr. Hennings said staff had scheduled a
discussion on annexation for this meeting, but last week the Council asked staff to postpone it until
March 31st. Dr. Gonzales said he had received a call from the Mayor of Port Aransas and he had met
with him and others; however, Dr. Gonzales said he had not been briefed on the annexation issue
beforehand.
Mr. Hennings said that about three months ago at a Council meeting, he was asked to
prepare a report for the Council on the possibility of annexations, especially Mustang Island. He said
he and Mayor Neal met with the Mayor and City Manager of Port Aransas at their request about how
they might ask the Corpus Christi City Council to agree to let Port Aransas annex the rest of
Mustang Island. As a result of that meeting, the Port Aransas officials have written a letter (which
Mr. Hennings will provide to the Council) asking for the Council's favorable consideration of that
issue. He added that the last time Port Aransas annexed a portion of Mustang Island, they agreed to
build a golf course, which did not occur, and they also agreed that they would not seek further
annexation of that area.
Council Member Betty Jean Longoria said if the Council agreed, she would like the contract
for the factory outlet mall to be placed on the agenda for the March 31st meeting. Mr. Hennings said
Minutes
Regular Council Meeting
March 24, 1998
Page 21
the contract with the outlet mall developer provides that if the developer does not close on the
purchase of the land for the project, the contract will terminate March 31, 1998. He said that issue
could be placed on the agenda next week for consideration. Mayor Neal agreed that the contract
should be reviewed next week.
Council Member Colmenero requested an update on the Las Carabellas situation. Mr.
Hennings said staff would ask the Alliance to provide a report on that.
Mayor Neal said one of the questions asked by an audience member at that meeting was
whether a certification of funds was available for Item 2 on the day's agenda, and he said Mr. Chapa
had informed him that he had received the certification, and the funds have been identified and
properly certified as being available.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 7:40 p.m. on March 24, 1998.
* * * * * * * * * * * * *