HomeMy WebLinkAboutMinutes City Council - 11/21/2000I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of November 21, 2000, which were approved
by the City Council on December 12, 2000.
WITNESSETH MY HAND AND SEAL, this 12th day of December, 2000.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 21, 2000
12:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem John Longoria
Council Members:
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales*
Rex A. Kinnison
Betty Jean Longoria
Mark Scott
ABSENT
Javier D. Colmenero
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle P. Ramon
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Brother Rolland A. Kapsner, St. Joseph's Catholic Church,
following which the Pledge of Allegiance to the United States flag was led by Council Member
Scott. 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 November 14, 2000. A motion was made and
passed to approve the minutes as presented.
* * * * * * * * * * * *
*
Mayor Neal announced that the Council would go into executive session, pursuant to Texas
Government Code Section 551.071, regarding the following items:
for legal advice regarding requested initiative and referendum on Ordinance No. 024270
designating a certain area within the jurisdiction of the City of Corpus Christi as a tax
increment financing district to be known as "Reinvestment Zone Number Two, City of
Corpus Christi, Texas," establishing a Board of Directors for such Reinvestment Zone, and
other matters relating thereto, with possible discussion and action related thereto in open
session;
application to be filed with the Texas Natural Resource Conservation Commission by the
San Antonio Water System, the Guadalupe -Blanco River Authority, the Nueces River
Authority, and the San Antonio River Authority for necessary rights and permits to use
surface water for the purpose of enhancing the recharge of the Edwards Aquifer, with
possible discussion and action related thereto in open session;
advertising on bus benches within City rights-of-way, with possible discussion and action
related thereto in open session;
Minutes - Regular Council Meeting
November 21, 2000
Page 2
• Larry Young et al v. City of Corpus Christi, Civil Action No. C-99-536, and Mary Collins
et al v. City of Corpus Christi, Civil Action No. C-00-066, United States District Court,
Southern District of Texas, Corpus Christi Division, with possible discussion and action
related thereto in open session; and
• enforcement of agreement with Calallen Independent School District (approved by City
Council Motion No. M98-162 on May 12, 1998), with possible discussion and action related
thereto in open session.
The Council went into executive session. *Council Member Gonzales arrived at 12:07 p.m. The
Council returned from executive session.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, tax increment financing district (TIF). City
Secretary Chapa stated that Council Members Garrett and Gonzales would be abstaining from
discussing or voting on Items 3 and 4. He also explained that the Council had until the end of the
Council meeting that day to reconsider Ordinance No. 024270 to either repeal the ordinance or to
let it stand. Council Member Scott made a motion to deny the request to reconsider Ordinance No.
024270, seconded by Council Member Cooper. There were no comments from the audience. Mr.
Chapa polled the Council for their votes:
3. M2000-408
Motion to deny the request to reconsider Ordinance No. 024270 which designates a certain
area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing
District to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas";
establishing a Board of Directors for such Reinvestment Zone.
The foregoing motion passed by the following vote: Neal, Cooper, Kinnison, B. Longoria,
J. Longoria, and Scott voting "Aye"; Garrett and Gonzales abstaining; Colmenero absent.
Mr. Chapa said he would provide petition forms to the interested persons that day.
Mayor Neal opened discussion on Item 4, Reinvestment Zone No. 2 Board of Directors. City
Attorney Bray explained that the ordinance adopted by Council, in accordance with the state Tax
Increment Financing Act, provides for a board of directors. He said the Council can appoint up to
10 members and they can appoint themselves. He said staff recommends that the seven Council
members who are qualified to act on this issue vote to approve themselves as the seven members at
this time. Mr. Scott made a motion to do as Mr. Bray recommended, seconded by Mr. Kinnison.
There were no comments from the audience. Mr. Chapa polled the Council for their votes as follows:
4. M2000-409
Motion appointing City of Corpus Christi Board Member Representatives to Corpus Christi
Reinvestment Zone No. 2 Board of Directors.
Minutes - Regular Council Meeting
November 21, 2000
Page 3
The foregoing motion passed by the following vote: Neal, Cooper, Kinnison, B. Longoria,
J. Longoria, and Scott voting "Aye"; Garrett and Gonzales abstaining; Colmenero absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 5 regarding the conversion of Nueces County Rural
Fire Prevention District No. 1 to Nueces County Emergency Services District No. 1. City Manager
Garcia said the Council had asked that representatives of the fire prevention district make a
presentation.
Mr. Jeff Atwood, President of Nueces County Rural Fire Prevention District No. 1,
introduced Mr. Larry Stevens, a consultant hired by the district; Mr. Ernest Garza, the district's
accountant; and Mr. Hal George, the district's attorney. Mr. Atwood explained that the fire district
and the Annaville Volunteer Fire Department were established in 1954 and currently it consists of
26 volunteer firemen who operate three fire stations. He said their equipment consists of three
pumper trucks, three brush trucks, two pieces of rescue auto -extraction equipment, and one tanker.
He said they respond to between 35 and 75 calls per month, with about 20 of those occurring within
the Corpus Christi city limits.
Mr. Atwood said that on November 7, 2000, 78% of the voters in that area approved a
proposal to convert Nueces County Rural Fire Prevention District No. 1 to Nueces County
Emergency Services District No. 1. He said that a few years ago, the district met its tax cap of three
cents as a rural fire prevention district. He said the northwest is the fastest growing area of Nueces
County and converting to an emergency services district will allow them the flexibility to run the
department in the future as that area continues to grow. He said prior to the election, the district used
its reserve funding to purchase new equipment to continue providing for the area's needs and to
support neighboring fire departments.
Mr. Atwood said the district hired Mr. Stevens to conduct an Insurance Service Office (ISO)
review. His recommendations included purchasing new equipment which can carry more water and
discharge it very rapidly, as well as to be able to pump water from portable tanks. Mr. Atwood said
the volunteer fire department is initiating a campaign to recruit more volunteers and the fire district
is considering daytime staffing, such as hiring off-duty firefighters or qualified personnel.
Mayor Neal called for public comment.
Mr. Jimmie Till, 6034 Lost Creek, said he thought much of the rural fire district was located
within the city limits, and he questioned whether it was proper for citizens to pay taxes on identical
services. He said he thought that when the fire district was formed, it was located outside the city
limits and now much of it has been annexed by the city.
Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said the
association is not against the creation of fire districts, emergency services districts, or crime control
districts as long as voters are educated about those issues before they vote. He said he was not sure
Minutes - Regular Council Meeting
November 21, 2000
Page 4
that voters were told what they would be voting on in the 11 precincts that considered the proposal.
Mr. Torres said that 73% or $210,935 of the taxes levied in the district are paid by residents living
inside the Corpus Christi city limits. He said if the district's taxes are increased from three cents per
$100 valuation to 10 cents per $100 valuation, the district's revenue would be over $986,000. He
said additional revenues from charging a reasonable fee for emergency response are also allowed
under the district. He said this issue could have an impact if the city ever wanted to create its own
fire district.
Mr. Torres went on to say that the stated purpose for converting to an emergency services
district (ESD) was to allow the district to purchase additional equipment in order to lower the ISO
rating and to decrease the insurance premiums in the district. He said only residents outside the city
limits would benefit because, according to ISO representatives, rural fire protection district ISO
ratings have no impact on residents of Corpus Christi.
Mr. Torres added that inside the city, volunteer firefighters must work under the Corpus
Christi Fire Department's incident commander. He questioned what will happen when a volunteer
with little or no training is seriously injured or killed in a fire. He said the CCFD is in dire need of
money for equipment; for example, the engine company stationed at Five Points is 20 years old.
With the money generated by the ESD tax, the fire department could purchase additional equipment
and receive a better ISO rating for the entire city, rather than just for that area.
Mr. Bob Andrews, 12050 Up River Road, said his residence is located both within the city
limits and in the rural fire district. He said he has been a fire professional for a long time and he feels
that in general the fire services in this community do not have the necessary resources. He said the
fire district found a way to increase their resources, which a large portion of the electorate supported.
He said the fire district should be commended for hiring a consultant to study this issue and
proceeding as it did. He said he supports the district's actions.
Mr. Jack Gordy said he does not live in the rural fire district, but this is a case where the
voters said they wanted something and their votes should count.
Council Member Betty Jean Longoria said she lives in the northwest and she feels the
election showed that citizens support public safety. Responding to a question from Mrs. Longoria,
Mr. Atwood said that the number of fire calls they receive varies greatly, although there were several
calls this summer regarding brush fires.
In response to another question from Mrs. Longoria, Fire Chief J.J. Adame said that when
an emergency call goes into the public safety dispatch center, they dispatch Corpus Christi fire units
for both fire calls and EMS calls. Mr. Atwood said the volunteer fire department is dispatched
through the Nueces County Sheriff's Department anytime Engine 2 or Engine 12 (the two city engine
companies in the northwest area) are dispatched by the city. Chief Adame added that occasionally
calls come into the city's dispatch center from outside the city limits. The dispatch center then
contacts the shift commander, who decides whether to dispatch units outside the city limits. He said
in most of those cases, units are dispatched outside the city limits.
Minutes - Regular Council Meeting
November 21, 2000
Page 5
Mrs. Longoria said that as the Council representative for District 1, she has the responsibility
of ensuring that her district receives city services. She said she is aware of the fire department's need
for additional equipment, including an ambulance in the northwest area, but budget constraints are
always a factor. She said she is not sure whether a lot of the citizens who voted on the fire district
issue understood that it is not associated with the city.
Mrs. Longoria also asked about training for volunteer firefighters. Mr. Atwood said that with
regard to fires within the city limits, both the CCFD and the volunteer fire department respond. He
said several of the volunteer firefighters perform shift work, such as at the refineries. He said they
also have career firefighters who volunteer off-duty. He said their response time is about 6 to 8
minutes depending on the location. Chief Adame noted that Corpus Christi firefighters respond from
their respective stations, while volunteers have to go to their stations to pick up their equipment first.
It was pointed out that if an engine is called out, other engines are moved around in the city to ensure
adequate emergency coverage.
Mr. Stevens, the fire district's consultant, said that ISO is basically new to the state of Texas.
He said if Annaville's ISO is improved, it would affect everything within five miles in all directions
from the fire station. He said the last time ISO was in Corpus Christi to conduct a rating was in 1990,
and at that time the unoccupied land area was almost half as large as it is today. He said Annaville's
grade was done last year and ISO gave them a list on what they would need to receive the next grade.
Mr. Stevens said he conducted a study of the value of changing ISO grades, and to a person in the
rural Annaville area, the effect could be from $800 to $1,200 a year in fire insurance. He further
described ISO ratings and specific examples of savings. He added that according to the fire district's
meeting minutes during the last year, there has been no discussion of increasing fees or the tax rate
Mr. Stevens said the only reason the district went from being a rural fire district (RFD) to an
emergency services district (ESD) is because there is a cap on RFDs. He said there are plans in the
legislature to raise that cap. He said if the city did not want the industrial areas to be included in the
fire district, they could remap it. He said the RFDs and ESDs are not allowed to go to bonds, so the
conversion should not affect the city's bonds in any way. He added that ESD funds cannot be used
by the city. Mr. Stevens said the monies generated by the formation of an ESD can improve staffing
at fires and may be used to staff an ambulance if the parties wished.
Responding to Mayor Neal, Mr. Stevens said that inside the city limits and within 1,000 feet
of a fire hydrant, the ISO rating would be Class 4; the rating would be Class 9 inside the city limits
but farther than 1,000 feet of a fire hydrant. The Mayor pointed out that inside the city limits, it is
the city's responsibility --not the emergency services district --to provide fire hydrants Mr. Stevens
reiterated that if the Annaville fire district receives an ISO grade better than the city's grade, it would
change the grade for Corpus Christi residents who live within five miles of any Annaville station.
Council Member Garrett asked if the CCFD automatically responded to calls outside the city
limits. Chief Adame said they do not respond automatically; rather, the shift commander makes that
determination, although in most cases units will be dispatched. He added that when fire units are in
the stations, the CCFD's average response time is about 4.5 minutes.
Minutes - Regular Council Meeting
November 21, 2000
Page 6
Responding to another question from Mr. Garrett, Chief Adame said that CCFD assumes full
command of any incident inside the city limits. He said volunteer units remain on the scene as long
as they think they need to be there or are needed. He added that there is an issue of qualifications
when responding to fire calls, and the volunteer department has been helpful, particularly regarding
brush fires.
Mr. Jim Callis, 11410 Willowood Creek, said he lives inside the city limits and is a CCFD
firefighter. He said shortly before the November 7th election, he began to research the ESD issue and
was told by an insurance agent that inside the city limits, the ISO rating is Class 4. He was told that
the ISO does not look at volunteer services and equipment but rather at city services and equipment.
He was also told by the Fire Marshal's Office that if a first responder district is established, the tax
rate in the district could go up to 10 cents per $100 valuation. He said that prior to the election,
information on that issue was vague and insufficient, and he feels that citizens in northwest Corpus
Christi were deceived because they did not receive all the necessary information.
Mr. Stevens replied that Mr. Atwood did not write the article in the newspaper to which Mr.
Callis referred. He also quoted from a letter from an ISO representative which basically stated that
the lowest ISO grade does apply. He said the election did not result in a tax increase; a meeting will
be held if there is an intention at some point to raise the tax.
Mr. Ernest Garza, the district's accountant, distributed information about the district. He said
that according to year 2000 population estimates, the total population within the fire district is
34,405, of which 91.5% (31,480) live inside the city limits and 8.5% (2,925) live outside the city
limits. According to the Appraisal District, 75% of the properties with assessed values are located
inside the city limits and 25% are located outside the city limits. He said fire district officials have
not discussed raising the tax to 10 cents per $100 valuation; rather, they have discussed raising it
three-fourths of a cent to one cent to pay for additional equipment. He added that according to the
tax collection report through August 31, 2000, the district's year-to-date collection was
approximately $280,000.
Council Member Kinnison asked why fire district officials had not discussed this issue with
city officials sooner, in light of the percentage of city residents who live within the fire district. Mr.
Atwood said the fire district is a small organization and as a commissioner, he does not distinguish
between providing services inside and outside the city limits --he said they provide services for the
whole area within the fire district. He said as a taxing entity, they could not spend any money for the
election and they had to rely on the volunteers themselves.
Responding to Council Member Gonzales, Mr. Atwood and Mr. Garza said they submitted
the names of over 100 registered voters to the County Clerk's Office in order to have their issue
placed on the November 7th ballot.
Mayor Neal asked about the city's options. City Manager Garcia replied that the voters
approved a change in the district's status from a rural fire prevention district to an emergency
services district. He said the city has the option of withdrawing the area within the city limits from
Minutes - Regular Council Meeting
November 21, 2000
Page 7
the rural fire district; by separate action the Council can also exclude the industrial district areas. He
said if the Council does nothing, the fire district will continue according to their plan.
Council Member John Longoria said he would not support pulling out of the rural fire district
until the Council had a public hearing in the northwest area about this issue. Mrs. Longoria agreed
that a public hearing should be held. She said it needs to be explained that the approval of the ESD
opens the door to future tax increases in that area. She said the rural fire district worked many years
ago until the city began annexing many parts of the northwest and the city became responsible for
providing those services.
Responding to Mr. Kinnison, Assistant City Attorney Jay Reining said the Council would
be able to take action, if it wished, during their December 12th meeting because it falls within the
30 days from the date the votes were canvassed. Mr. Kinnison also asked what the effect would be
of the city pulling out of the district. Mr. Garcia said the only fire service within the city limits would
be provided by the CCFD and the rural fire district would be limited to the areas outside the city
limits. He said the CCFD is the first responder to every incident in the city limits and their response
times are substantially shorter than those of the volunteer department. He said he thought there
would be some effect on the resources the city could bring to brush fires. Mr. Kinnison said he would
support holding a public hearing on this issue.
Responding to Council Member Scott, Mr. Reining said the city has the authority to exclude
the industrial districts from a rural fire district but not from an emergency services district. He said
the reason is that the industries have their own fire company but they do not have their own medical
ambulance service. Mr. Scott said he thought that would be a major factor regarding the industries.
Dr. Gonzales said he thought the voters were sending a message about the need for additional
services in the northwest. Mr. Garcia said there is an issue about dissolving a district that has
outstanding debt and he thought the Nueces County RFD has no outstanding debt at this time. In
reply to Dr. Gonzales, Chief Adame said the CCFD has a similar relationship with the Flour Bluff
volunteer fire department. He said they are not sure what the city's liability would be if a volunteer
firefighter was injured at a fire in which the CCFD was in charge.
Mr. Garcia said staff will put this item back on the agenda prior to the deadline and they will
schedule a public hearing in the northwest prior to December 12th. Mr. Longoria said the issue about
insurance rates needs to be clarified because it is a crucial point.
Mayor Neal called for a brief recess.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jack Gordy, 310 Norton, discussed the issue of bus benches containing advertising in the
state highway rights-of-way. He said if the city does not intend for the law regarding advertising in
Minutes - Regular Council Meeting
November 21, 2000
Page 8
the state ROW to be complied with, they should make an effort to get the law changed. He said no
one has been able to show him an exception to the law for home rule cities. He said state laws should
not be ignored and violations should not be condoned.
Mr. Jeff Frahm, 13501 Royal Fifth Court, said the Padre Island Business Association and
several other groups are in support of the Packery Channel project and the tax increment financing
(TIF) district. He said their concem is how the petitions seeking to repeal the Council's approval of
the TIF will be presented. He said those in support of the TIF are asking that the Council educate the
public about the issue and enforce the proper presentation of the petitions.
Mr. J.E. O'Brien, 4130 Pompano, noted that the deadline for the publication of the city's
Comprehensive Annual Financial Report is next week, and he asked about its status.
Mr. Roland Barrera, representing the Hispanic Contractors Association, said that recently a
motion was passed authorizing the City Engineer to appoint an advisory committee to develop and
recommend plans to allow maximum minority/small contractor and subcontractor participation in
various construction projects. He said that committee has not yet met. Mr. Barrera also asked if
smaller firms would be given the opportunity to participate in the seawall repair contract and the
convention center expansion project.
Council Member John Longoria said that unless there were any objections from Council
members, he wished to direct city staff to prepare a resolution stating the city's intent to ensure that
every possible opportunity be given to local and small businesses to bid on contracts. Council
Member Gonzales said there are minority businesses that are not local but can do the work. He said
he wanted to make sure that the city's contracts are broken up so small businesses can participate.
City Manager Garcia said that currently there are several major contracts --particularly on
larger projects --that do not involve minority contractors but rather nationally known companies. He
said they may have local partners but they are not local companies. Mr. Longoria said staff should
draft some language and let the Council consider it. Mayor Neal asked staff to bring a proposed
resolution back to the Council at their next meeting on December 12th.
Responding to Council Member Kinnison, Mr. Garcia said staff has received about 24
proposals from architects and engineers on 23 different bond projects. He said they anticipated
making the selections soon after the first of the year. He added that the projects vary in size from
about $900,000 to $5 million to $6 million and the architects are all local firms (with the exception
of the arena project). Mr. Angel Escobar, Director of Engineering Services, explained that the
request for qualifications required 100% local participation by engineers and architects on the bond
package proposals. Mr. Garcia said there is a contract in place with Shiner Moseley & Associates
(a local company) for the preliminary design work on the seawall and staff is discussing amending
that contract. He said they have already sent out national proposals for the convention center
expansion and the arena.
Mr. John Torrey, 7253 Yaupon Dr., noted that Item 22 on the day's agenda is a presentation
Minutes - Regular Council Meeting
November 21, 2000
Page 9
regarding solid waste, and he asked when public comment will be solicited on that issue. Mr. Garcia
said public comment occurs when there is a specific Council vote to be taken, such as appropriations
and contracts. Mr. Torrey said that last year the J.C. Elliott Landfill received more revenue because
of a large amount of roofing and construction materials that were taken there, as opposed to this year.
He said he hoped the Council would solicit comments from professionals on this issue.
Mr. Jimmie Till, 6034 Lost Creek, said he lived at Leopard and Southern Minerals Road from
the time the rural fire district was established until 1998. He said that on three occasions he called
911 and the city's Rand Morgan engine company was dispatched to his home for a fire and two
medical emergencies.
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item
22) was regarding a recommendation to increase efficiency and reduce costs in the collection of solid
waste and recyclables in Corpus Christi. Assistant City Manager Ron Massey introduced Mr. Harvey
Gershman, President of Gershman, Brickner & Bratton Inc. (GBB), who in turn introduced Mr. Joe
Mahaffey, Senior Associate at GBB.
Mr. Gershman said GBB is an independent solid waste management consultant that
specializes in planning and implementing solid waste and recycling projects. He said GBB has been
asked by the city to look at its functionality and operations, as well as to assist the city in a full -cost
accounting review. Utilizing a computer presentation, Mr. Gershman said 240 people are employed
in the city's Solid Waste Services (SWS) Department, which has a budget of $16.5 million. He said
the refuse operation consists of curbside collection at 72,300 homes and 1,230 commercial
businesses twice per week, for a total annual amount of 89,000 tons. With regard to recycling, Mr.
Gershman said the city collects at the curbside every other week, for a total of 5,700 tons per year.
Mr. Gershman said the Elliott Landfill, which is city -owned and operated, receives waste
collected by the city, private haulers and other city departments. It includes brush grinding and
household hazardous waste collection operations, and the projected tonnage in FY00-01 is over
467,000 tons per year with a staff of 29 people.
Mr. Mahaffey then reviewed SWS projected revenues and costs for FY00-01. Collection
revenues are estimated to be $11.7 million and landfill revenues (tipping fees, permit fees, and
special project fees) are expected to be $8.8 million, for a total of $20.5 million. Total budgeted costs
(both collections and landfill) are expected to be $16.5 million. He noted that the projected net
revenue of approximately $4 million does not take into consideration the 101,700 tons of waste
disposed by SWS Department at the Elliott Landfill with no revenue credited to the city. Mr.
Gershman said the full -cost accounting analysis will provide a more accurate picture of all the
specific SWS costs. Mr. Gershman and Mr. Mahaffey responded to Council members' questions.
Mr. Mahaffey said a major issue affecting the projected surplus revenue is the new El Centro
Landfill operated by Texas Ecologist Inc., which competes with the city's Elliott Landfill. He noted
Minutes - Regular Council Meeting
November 21, 2000
Page 10
that the city's first quarter revenue is down $414,000 over the same period last year. Mr. Mahaffey
also pointed out that in August 1999 the city was cleaning up after Hurricane Bret, which resulted
in a large increase in waste material to the landfill.
Mr. Mahaffey then discussed the existing waste collection labor structure: 36 routes of three-
person crews for five days per week; 132 drivers and laborers employed to ensure 108 daily slots;
additional temporary labor equivalent to 14.59 people. He noted that the city has a tight labor market
and the wage rates for SWS drivers and laborers is not competitive and involves demanding work.
He said the city can expect increased turnover, labor shortfalls, inconsistency of service, and elevated
workers compensation claims.
Mr. Mahaffey explored recommendations for the city's waste collection operation. He said
Corpus Christi --like many cities --is using 1950s technology to pick up its trash. Current technology
provides for fully automated collection, which entails one driver per vehicle picking up 96 -gallon
containers (furnished by the city) at the curb. He said there are options for picking up trash both once
per week and twice per week. He said the fully automated collection method is much safer for the
employees and allows them to work longer days at a higher wage (from $8.60 per hour for drivers
to $11 per hour). He pointed out that 68% of the trash per household is now picked up on the first
service day (Monday or Tuesday) and only 32% is picked up on the second service day (Thursday
or Friday).
Mr. Mahaffey described Option 1 of the fully automated collection proposal: twice -per -week
collection; six-day work weeks for 10 hours per day; each vehicle driver would work four, 10 -hour
days; the city would operate 24 routes per day consisting of 32 trucks (including spares). The
estimated savings to the city is over $1.4 million per year and the garbage collection labor force
would be reduced from 144 to 54 people. Employee turnover, accidents, workers comp claims, and
complaints would also be reduced. He said Option 2 consists of: once -per -week collection operated
over five days per week; each vehicle driver would work five, 9 -hour days; the city would operate
15 routes per day with 19 trucks (including spares). Option 2 estimates savings of over $3 million
per year, with the labor force reduced from 144 to 29.
With regard to the recycling collection operations, he said that for seven routes, the city is
losing approximately 13,640 hours per year in "non-productive" time due to the need to sort at the
curb with compartmentalized, non -compaction trucks and to take more trips to the processing
facility. Also, BFI has the ability to sort commingled containers but not commingled papers.
He said Option 1 regarding recycling is as follows: convert to once -per -week collection; use
two-compartment vehicles with compaction capabilities; switch to a one-person crew on each truck;
limit materials collected to allow for a "two -sort" rather than a "three -sort" at the curb; and negotiate
with BFI regarding increased recyclable quantities and pricing. Option 2 is as follows: maintain
once -every -other -week collection but with a fully automated system and convert to a 65 -gallon split,
rolling bin (rather than the current 18 -gallon bin). He said GBB feels that with these
recommendations and positive education, the recyclable collections could triple, thereby reducing
consumption at the landfill and the collection costs.
Minutes - Regular Council Meeting
November 21, 2000
Page 11
Mr. Mahaffey also briefly discussed the city's bulk trash/brush pick-up, which they are not
recommending changing, with the exception of implementing and enforcing the changes to the SWS
ordinance. He said the total annual net savings of both the garbage and recyclables collections is $1.3
million under Option 1 and $2.6 million under Option 2. Mr. Gershman said the city needs to
complete the full -cost accounting analysis in order to answer the cost issues as well as position the
SWS Department to become an enterprise activity so it can be in compliance with new government
accounting standards.
Responding to Council members' questions, Mr. Mahaffey said the increased salaries and
the purchase cost of the automated equipment was included in the cost assumptions (with a seven-
year depreciation and a 7.75% interest rate). Mr. Lawrence Mikolajczyk, Acting Director of SWS,
said the process is in motion with the upcoming purchase of the automated trucks and the containers;
he said staff will begin implementing the program in late spring 2001. Mr. Garcia said that based on
previous Council direction, staff is proceeding with Option 1 (maintaining the current collection
schedule but automating the system). He added that staff is proposing to bring back some budget
corrections during the December 12th meeting. Mr. Mahaffey noted that collections operations are
labor-intensive, while landfill operations are not.
In response to additional questions, Mr. Massey and Mr. Mikolajczyk explained that staff had
estimated a three-year implementation schedule for the fully automated system. Mr. Massey said
since there is a high turnover rate in collections, the reduction in laborers could be accommodated
through attrition. Mr. Gershman said if the Council wished, the program could be implemented in
one year, which means the savings would be realized much sooner. He added that the "Cash for
Trash" program, which resulted in 833 tons of bulk waste being brought to the landfill by citizens
during six events, keeps the city's costs down. A discussion ensued about landfill costs and the carts
associated with the fully automated system.
Mr. Mikolajczyk then discussed graphs illustrating revenue comparisons for the Elliott
Landfill, which showed decreases in revenue compared to the first quarter of 1999. As discussed
previously, factors involved in those revenue decreases were the results of Hurricane Bret last year
and the opening of the competing landfill this year.
Mayor Neal asked about the possibility of privatizing the landfill operations. Mr.
Mikolajczyk said staff can investigate that possibility after they perform the full -cost accounting
analysis. Mr. Garcia said his main concern is not the Cefe Valenzuela Landfill but rather the loss in
revenues at the Elliott Landfill. He reiterated that as the city orders new solid waste equipment, they
will come back to the Council with recommendations for the fully automated equipment and ways
to expand the pilot program.
*************
Mayor Neal opened discussion on Item 18, Central Power and Light Company (CPL). There
were no comments from the audience. Responding to Council Member Garrett, City Attorney Bray
explained that staff is recommending extending the CPL franchise for one year, which maintains the
Minutes - Regular Council Meeting
November 21, 2000
Page 12
4% of gross receipts amount for the term. He noted that gas prices have gone up and that formula
generates more revenue for the city than the kilowatt hour calculation. Mr. Garcia pointed out that
Senate Bill 7 (the electric deregulation bill passed by the Texas Legislature in 1999) goes into effect
on January 1, 2002. At that point, the city will be mandated to shift to the charge per kilowatt hour,
which he explained. City Secretary Chapa polled the Council for their votes as follows:
18. FIRST READING ORDINANCE
Granting a one-year franchise extension to Central Power and Light Company for provisions
of light, heat, and power.
The foregoing ordinance passed on first reading by the following vote: Neal, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent.
* * * * * * * * * * * * *
The second presentation was regarding expansion plans for the South Texas Institute for the
Arts (STIA). Mr. John Dykema, President of the STIA Board of Trustees, showed a schematic design
from the Legaretta y Legaretta architecture firm in Mexico City. He said the museum's existing
facility is 26,000 square feet and the new facility will be about 22,000 square feet. Mr. Dykema said
the new facility will essentially serve as an educational facility to accommodate the needs of the
Creative Arts Center and the Center for Hispanic Arts, which were merged with the Art Museum of
South Texas. He said there are a variety of issues yet to be resolved and he pointed out the location
of the U.S. Army Corps of Engineers property.
Responding to Council questions, Mr. Dykema said the STIA is adding a new gallery, coffee
shop, and gift shop with a plaza on the entrance to the ship channel, which will free up those
elements currently in use in the Art Museum facility. The current vault will be turned into the
workshop and preparation shop. Mr. Dykema noted that the Port of Corpus Christi Authority is now
a partner in this effort and negotiations are ongoing. Mayor Neal called for a brief recess.
* * * * * * * * * * * * *
The third presentation (Item 23) was made by the Commission on Children and Youth. Mr.
Tony Cisneros, Director of Park and Recreation, introduced Ms. Paige Dinn, past chairperson, and
Ms. Paula Rosenstein, current chairperson of the commission.
Utilizing a computer presentation, Ms. Rosenstein discussed the commission's philosophy
and goals, and reviewed their accomplishments in the past year. She said the group's mission is "to
support a comprehensive system of services and advance policies to meet the needs of the city's
children, youth and their families." She said the commission consists of representatives from the
following areas: health, legal, business, social services, law enforcement, youth services, religion,
education, and youth (as well as at -large and advisory members). She said the commission's function
is to serve as the Council's "eyes and ears" for children's and youths' matters in the community and
Minutes - Regular Council Meeting
November 21, 2000
Page 13
to advocate for collaborative efforts on their behalf.
Ms. Rosenstein and Ms. Dinn then discussed progress that has been made on the issues
outlined in the Community Master Plan, which was adopted by the Council in 1997. The main
problems identified in the master plan were child maltreatment, juvenile crime and delinquency,
inadequate educational attainment, and lack of information and evaluation. The goals established
were: ensure a healthy, safe, and secure environment; establish effective prevention, intervention,
and enforcement programs for youth; increase the educational attainment of all children; and
establish effective communication and measurable program outcomes.
Ms. Dinn said cooperative initiatives have been established with the following organizations:
Operation Weed & Seed, 78415 Community Youth Development, Youth Opportunities United,
Nueces County Community Plan, America's Promise, Governor's Mentor Initiative, and Success by
Six. Ms. Rosenstein said the commission has set the following goals: establish a community -wide,
comprehensive child protection system; solidify the process for collaborative, at -risk youth
interventions; expand collaborative, stay -in -school initiatives; and fully integrate the use of the
comprehensive strategy initiative to base action on community data, valid research, and evaluation -
proven outcomes. Ms. Dinn then outlined the grants that have been obtained for these programs,
which total approximately $5.7 million. Mayor Neal thanked Ms. Rosenstein and Ms. Dinn and the
rest of the commission members for all of their hard work and dedication.
* * * * * * * * * * * * *
The fourth presentation (Item 24) was made by Mr. Cisneros regarding the 78415 Community
Youth Development (CYD) program. In a computer presentation, Mr. Cisneros described the
formation of the CYD program beginning in 1995 when the 74th Texas Legislature allocated $10.5
million to the Texas Department of Protective and Regulatory Services (TDPRS) to fund the CYD
program. Eleven counties with the highest violent juvenile crime rates were identified and within
those counties, the zip code with the highest juvenile probation referral rate was identified as a CYD
site. The 78415 zip code was identified as the CYD site within Nueces County.
Mr. Cisneros also discussed how the city of Corpus Christi assumed the role of fiscal agent
for the CYD program in June 1997. He said CYD funds are provided via a contract between TDPRS
and the fiscal agent, which in turn subcontracts with local service providers. He explained that youth
ages 17 and younger (and their families) who live or attend school in 78415 are eligible to receive
CYD services free of charge. Over 5,600 youth and their family members have received services
since the beginning of the program. Mr. Cisneros also discussed the responsibilities of the 78415
CYD Steering Committee, the fiscal agent, the project coordinator, and YACTION (Youth Always
Caring to Improve Our Neighborhood).
Mr. Cisneros described the CYD request for proposal process. Council Member John
Longoria said there was concern about one organization receiving $330,000 and he commented on
the need to set a cap on the amount that one organization can receive. Mr. Cisneros said the 78415
CYD Committee just received training on the RFP process and they will consider those concerns.
Minutes - Regular Council Meeting
November 21, 2000
Page 14
Mr. Longoria said the CYD program should be involved with other youth efforts, such as the
Commission on Children and Youth.
Mr. Cisneros said that CYD program service providers from 1997-2000 include: CCISD,
Communities in Schools, Corpus Christi Public Library, Juvenile Justice Center, Housing Authority
of Corpus Christi, Paisano Girl Scout Council, Park and Recreation Department, Volunteer Center
of the Coastal Bend, Weed & Seed, Workforce Development Corporation, Youth Odyssey, and
YWCA of Corpus Christi. Mayor Neal thanked staff and the committee for their efforts.
* * * * * * * * * * * * *
Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
16. Case No. 0900-02, Virgil Hinojosa: A change of zoning from an "R -IB" One -family
Dwelling District to an "R-2" Multiple Dwelling District on Tract 1 and "B-1" Neighborhood
Business District on Tract 2, being 5.44 acres out of a 234.24 -acre tract out of the McKinzie
388.290 -acre tract in Survey 411, located on the south side of Up River Road, approximately
2,250 feet east of McKinzie Road.
City Secretary Chapa said the Planning Commission recommended approval of the "R-2"
Multiple Dwelling District on Tract 1 and "B-1" Neighborhood Business District on Tract 2. Staff's
recommendation was denial of the "B-1" District on Tract 2 and approval of the "R-2" District on
Tracts 1 and 2. He noted that the ordinance before the Council was the Planning Commission's
recommendation.
Mr. Miguel Saldafia, City Planner III, said the applicant proposed to develop the vacant tract
of land into two tracts: 4.15 acres as townhouse development and 1.29 acres as a neighborhood
business containing approximately 8,400 square feet of floor area. He said the area is currently
undeveloped and a road (Deer Run Drive) is being developed on the west side of the subject
property. Across Deer Run Drive to the west, the property has been platted for development of an
elementary school. He said the Northwest Area Development Plan recommends that the area along
the south side of Up River Road develop with low-density residential and with medium -density
residential on the north side of Up River Road. He said staff is concerned about traffic problems and
land -use compatibility if a business is located close to an elementary school.
Responding to Council Member Betty Jean Longoria, Mr. Saldafia said the "B -1A" zoning
district prohibits drive-through restaurants, pawn shops, liquor stores, and fueling stations, which
the "B-1" district allows. Council Member John Longoria discussed specifics about the business
development in vicinity of the school and the roads in that area. Mayor Neal called for comments.
Mr. Victor Medina, representing Mr. Virgil Hinojosa, said the traffic generated by the
proposed business would be generated at different times than the school traffic. He said the owner
does not intend to place any alcohol-related businesses on the property. Responding to Council
Minutes - Regular Council Meeting
November 21, 2000
Page 15
Member Kinnison, Mr. Medina said a similar situation exists (a business located near an elementary
school) at Rodd Field and Williams and also at Wooldridge and Airline. He said `B -1A" zoning
would be expensive because of the masonry fences required and other restrictions. He said the
applicant is seeking `B-1" zoning. Ms. Cooper made a motion to close the public hearing, seconded
by Mr. Scott, and passed (Colmenero absent). Mr. Chapa polled the Council for their votes:
16. ORDINANCE NO. 024287
Amending the Zoning Ordinance upon application by Virgil Hinojosa by changing the zoning
map in reference to 5.44 acres out of a 234.24 -acre tract out of the McKinzie 388.290 acre
tract in Survey 411, from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling
District on Tract 1 and "B-1" Neighborhood Business District on Tract 2; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent.
* * * * * * * * * * * * *
Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the
public hearing regarding the Omaha Street improvement project. There were no comments from the
audience. Mr. Garrett made a motion to close the public hearing, seconded by Mrs. Longoria, and
passed (Colmenero absent). Mr. Escobar said Item 17.b. awards the construction contract, and staff
will be coming back in about 15 months to do the final assessment roll. He said some residents were
seeking assistance through the CDBG program, which they received. Mr. Chapa polled the Council
for their votes as follows:
17.a. ORDINANCE NO. 024288
Ordinance closing the public hearing on proposed assessments for improvements to the
following highway in Corpus Christi, Nueces County, Texas: Omaha Drive Improvements
(Omaha Drive - I.H. 37 to Leopard Street); imposing assessments totaling $126,982.07
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: Neal, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent.
17.b. M2000-427
Motion authorizing the City Manager or his designee to award a construction contract in the
Minutes - Regular Council Meeting
November 21, 2000
Page 16
amount of $898,763 with Asphalt Paving and Construction Company for the Omaha Street
Improvements.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent.
Mayor Neal opened discussion on Item 21, Corpus Christi's legislative program. Assistant
City Manager Tom Utter explained that during the last legislative session in 1999, almost 6,000 bills
were introduced and over 1,600 actually passed. He said about 1,230 of the bills were city -related
and, of those, more than 130 passed. He noted that a large percentage of cities' efforts are directed
at stopping legislation that would negatively affect cities. He commended Corpus Christi's
legislative delegation for their support and action. Mr. Utter said the 2001 session will be difficult
because much of the focus will be on the redistricting that is conducted every 10 years.
Mr. Utter then went through Corpus Christi's proposed legislative program, in which he
highlighted specific elements listed as "Priority," "Actively Support" and "Endorse." Under
Financial Integrity, Mr. Utter discussed franchise fees, state hotel tax for beach maintenance, and
street accessibility improvements. Under Essential Infrastructure, items discussed were water and
transportation (including resources, funding for construction and maintenance, and streamlining).
Under Community Protection and Development, Mr. Utter briefly described regulation of
location of manufactured housing, windstorm insurance, marine archeological repository funding,
affordable housing, historic courthouse preservation, and dune protection. Mr. Utter said that under
Children and Youth, an important issue is juvenile crime, and under the heading of Education, he
said higher education is a priority. Council Member Gonzales suggested that wording be included
to support local school districts in their efforts to pass legislation that benefits children. There was
consensus of the Council to include that wording.
Mr. Utter said that under Public Safety and Health, important issues are the child safety
registration fee, fire control and prevention district, and photographic traffic signal enforcement;
under Utilities, issues discussed were electric industry deregulation and right-of-way control. Mr.
Utter said important issues under Environment include effluent use, air quality, National Estuary
Program, regional water planning, and glass and plastic bottles. An important issue under Personnel
is city medical providers, and under Economic Development issues include military, spaceport, and
e-commerce taxation. With regard to Efficient Administration, issues discussed were design -build,
procurement, and sales tax pledge.
Mr. Utter then responded to Council members' questions. Following additional discussion
on various legislative issues, Dr. Gonzales made a motion to include wording to support local school
districts as a priority item, seconded by Mr. Longoria, and passed (Colmenero and B. Longoria
absent). Mayor Neal called for comments from the audience.
Minutes - Regular Council Meeting
November 21, 2000
Page 17
Mr. Carlos Torres, President of the CCFA, discussed formation of the fire prevention district,
and he delineated ways that funds from that district can be spent to benefit the city.
Council Member Kinnison said some of the other cities that are interested in fire prevention
districts have reached their sales tax caps; consequently, this proposal would have to be funded
outside of the cap in order for it to be feasible. Mr. Chapa polled the Council as follows:
21. RESOLUTION NO. 024291
Resolution adopting the City of Corpus Christi's Legislative Program for the seventy-seventh
session of the Texas Legislature.
The foregoing resolution passed, as amended, by the following vote: Neal, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria
absent.
***********
Mayor Neal called for consideration of the consent agenda (Items 6-15). Council members
requested that Items 8, 9 and 13 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:
6.a. ORDINANCE NO. 024282
Ordinance appropriating $9,312 of interest earnings in the No. 3160 Capital Improvements
Project Fund for the City Hall Roof Repair and Maintenance Project; amending Ordinance
No. 024130 which adopted the FY00-01 Budget, to increase appropriations by $9,312 in the
No. 3160 Capital Improvements Project Fund.
An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, B. Longoria absent.
6.b. M2000-410
Motion authorizing the City Manager or his designee to execute a construction contract with
Southwest Standard Construction Company, Inc., for a total fee not to exceed $17,946 for
the City Hall Roof Repair and Maintenance Project.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
7.a. ORDINANCE NO. 024283
Ordinance appropriating $84,650 from ClearSource in the No. 1020 General Fund for the
Minutes - Regular Council Meeting
November 21, 2000
Page 18
Leopard Street Fiber Optic Conduit Project; amending Ordinance No. 024130 which adopted
the FY00-01 Budget, to increase appropriations by $84,650 in the No. 1020 General Fund.
An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, B. Longoria absent.
7.b. M2000-411
Motion authorizing the City Manager or his designee to award a construction contract in the
amount of $84,650 with V.C. Huff, Inc. for the Leopard Street Fiber Optic Conduit (Staples
to Kennedy) project.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
10. M2000-415
Motion authorizing the renaming of the Garden Center to the Garden Senior Center and
waiving the 60 -day waiting period and legal notice.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
11.a. M2000-416
Motion authorizing the City Manager or his designee to execute an agreement with the
Minority Business Opportunity Committee to provide $25,000 from the FY00-01 Weed and
Seed Program to implement a Youth Works Program.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
11.b. M2000-417
Motion authorizing the City Manager or his designee to execute an agreement with Fighting
to Rid Gangs in America Foundation to provide $20,000 from the FY00-01 Weed and Seed
Program to implement a Leadership Enhancement and Achievement Development Program.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
11.c. M2000-418
Motion authorizing the City Manager or his designee to execute an agreement with the City
Minutes - Regular Council Meeting
November 21, 2000
Page 19
of Corpus Christi, Code Enforcement and Community Policing Division to provide $20,000
from the FY00-01 Weed and Seed Program to implement an emergency boarding up of
vacant buildings with illegal activity.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
11.d. M2000-419
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $20,000 from the FY00-01 Weed and Seed Program
to implement a Super Summer Sports Program.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
11.e. M2000-420
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $15,400 from the FY00-01 Weed and Seed Program
to implement a Transportation Program for youth recreation.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
11.f. M2000-421
Motion authorizing the City Manager or his designee to execute an agreement with West Oso
Elementary School to provide $15,255 from the FY00-01 Weed and Seed Program to
implement a Summer Time Fund Center Program, effectively incorporating community
programs, recreation, education and social services.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
11.g. M2000-422
Motion authorizing the City Manager or his designee to execute an agreement with South
Texas Institute for the Arts to provide $10,000 from the FY00-01 Weed and Seed Program
to implement Prevention through the Arts programs
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
Minutes - Regular Council Meeting
November 21, 2000
Page 20
11.h. M2000-423
Motion authorizing the City Manager or his designee to execute an agreement with Gulf
Coast Council of La Raza, Inc. to provide $25,000 from the FY00-01 Weed and Seed
Program to implement an Education Enhancement Program.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
11.i. M2000-424
Motion authorizing the City Manager or his designee to execute an agreement with the Boys
and Girls Club of Corpus Christi to provide $20,000 from the FY00-01 Weed and Seed
Program to implement a Teen Program with a special emphasis on gang prevention.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
12.a. M2000-425
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $57,909 from the Texas Department of Transportation to implement an Intersection
Traffic Control Selective Traffic Enforcement Project (STEP) within the Police Department
and to execute all related documents.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
I2.b. ORDINANCE NO. 024284
Ordinance appropriating $57,909 from the Texas Department of Transportation in No. 1050
Federal/State Grants Fund for funding to implement an intersection Traffic Control Selective
Traffic Enforcement Project (STEP) within the Police Department.
An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria
absent.
14.a. M2000-426
Motion authorizing the City Manager or his designee to execute a fifteen -year lease
agreement with the Robert Driscoll and Julia Driscoll and Robert Driscoll Jr. Foundation to
lease 4.23 acres of land known as Clara Driscoll Field.
Minutes - Regular Council Meeting
November 21, 2000
Page 21
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
14.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a fifteen -year lease agreement with
Buccaneer Little League to sublease the Clara Driscoll Field from the City and in
consideration of Buccaneer Little League maintaining the premises and improvements and
operating its baseball program.
The foregoing ordinance passed on first reading by the following vote: Neal, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria
absent.
15. ORDINANCE NO. 024286
Amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and
Miscellaneous Provisions regarding Waterfowl Hunting and providing for penalties.
The foregoing ordinance passed on second reading as follows: Neal, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 8, airport terminal construction. Responding to
Council Member Gonzales, Mr. Kevin Stowers, Acting Assistant Director of Engineering Services,
said the $420,920 amendment consists of three basic areas of work. He said the construction phase
services to be performed by Gensler & Associates have expanded because the construction duration
has gone from 18 months to 24 months. He said the second part consists of additional design phase
services that were requested by the airport, and the final item relates to laboratory and testing
services that need to be performed during the construction phase.
Council Member John Longoria asked about having two construction managers at the airport.
Mr. Stowers said that DMJM is the project manager for the terminal construction as well as a series
of additional construction projects (improvements to the parking lot, utilities, terminal apron, etc.).
He said the city is hiring the Anderson Group to perform part-time resident inspection services.
Mr. Dave Hamrick, Airport Operations Manager, said the next action at the airport will be
construction of a temporary roadway in front of the airport. Mr. Garcia added that DMJM's job is
to manage the contractors and designers and staff has been satisfied with their work. Mr. Longoria
suggested that the Council receive quarterly reports on the airport project. Mayor Neal agreed that
every major project should have the same kind of critical path that was used with the dam
stabilization project. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
November 21, 2000
Page 22
8.a. M2000-412
Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the
architectural contract for construction phase, testing and other services in the amount of
$420,940 with M. Arthur Gensler Jr. and Associates for the Corpus Christi International
Airport Terminal project.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
8.b. M2000-413
Motion authorizing the City Manager or his designee to execute a contract for project liaison
and inspection services in the amount of $196,400 with Anderson Group Construction
Management for the Corpus Christi International Airport Terminal project.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 9, airport vehicle by-pass. Responding to Dr.
Gonzales, Mr. Hamrick said the bid specifications called for the successful contractor to provide the
city with a traffic control plan but staff did not factor in any cost for that. He said Fulton
Construction/Coastcon provided a plan but it was unacceptable, so they developed this alternate plan.
City Secretary Chapa polled the Council for their votes as follows:
9. M2000-414
Motion authorizing the City Manager or his designee to execute Change Order No. 1 with
Fulton Construction/Coastcon, A Joint Venture, in the amount of $56,026.58 to construct a
vehicle by-pass through the short-term parking lot in association with the Corpus Christi
International Airport Terminal Construction project.
The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 13, delinquency prevention grant. In reply to Council
Member Kinnison, Mr. Dan Whitworth, Assistant Director of P&R Operations, said this is a three-
year grant and if alternative funding is not available at the end of the term, the program will cease.
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
November 21, 2000
Page 23
13. RESOLUTION NO. 024285
Resolution authorizing the City Manager or his designee to apply to the Criminal Justice
Division of the Governor's Office for a three-year $750,000 Title V Delinquency/Prevention
Grant to enhance Municipal Court processing and tracking of status offenders and Juvenile
Assessment Center case management services to at -risk youth.
The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales,
Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria absent.
************
*
Mayor Neal opened discussion on Item 19, concession services. Responding to Council
Member John Longoria, Mr. Hal Peterson, Director of Convention Facilities, said the contract is for
both the convention center and Memorial Coliseum. He said the city's contract with the IceRays
states that they pay the city a flat fee for the concession rights during the period they are in the
coliseum. Mr. Garcia stated that that contract is very lucrative for the IceRays while it is also a "hold
harmless" agreement for the city. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes as follows:
19. ORDINANCE NO. 024289
Ordinance authorizing the City Manager to execute a lease agreement with Noble Food
Service, Inc. to provide concessions services at the Bayfront Plaza Convention Center and
Memorial Coliseum for the period beginning at 3:01 a.m. on January 1, 2001, to January 1,
2002; (at the Bayfront Plaza Convention Center, Noble Food Services shall pay the City 31
percent of gross receipt on all mixed drinks and wine sales and 41 percent of gross receipts
on all beer and all nonalcoholic beverages and food sales; at Memorial Coliseum, Noble
Food Service shall pay the City 49 percent of gross receipts on all beer sales and 42 percent
of gross receipts on all nonalcoholic beverages and food sales; Noble Food Service shall also
pay the City 80 percent of gross receipts collected from subcontractors for the sale of
novelties in the facilities [t -shirts, caps, pictures souvenirs, etc.] and 5 percent of gross
receipts when Noble Food Services acts as a retailers selling novelty items).
An emergency was declared and the foregoing ordinance passed: Neal, Cooper, Garrett,
Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero, B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 20, fuel station lease. City Attorney Bray explained
that on October 31, 2000 the Council approved an assignment of two leases for a restaurant and fuel
station from the Lighthouse Restaurant to Landry's Crab Shack Inc. He said although Landry's is
only interested in the restaurant lease, both leases have a cross -default clause. Mr. Bray said Landry's
is asking that the section of the restaurant lease which has the cross -default provision be excised
Minutes - Regular Council Meeting
November 21, 2000
Page 24
from the lease. Landry's is also asking that the fuel station lease be either amended or terminated in
such a way that the fuel station is moved to another location.
Mr. Bray said staff developed an alternate ordinance to address those issues. He said the
proposal is to terminate the fuel station lease outright by mutual agreement with the Marina Fuel
Corporation (their representative has been present at the negotiations). Mr. Peter Davidson, Marina
Superintendent, described a possible location for the fuel station.
Council Member Kinnison made a motion to adopt the substitute ordinance as discussed by
Mr. Bray, seconded by Council Member Garrett, and passed (Colmenero and B. Longoria absent).
There were no comments from the audience. City Secretary Chapa polled the Council for their votes:
20. ORDINANCE NO. 024290
Authorizing the City Manager or his designee to execute the "Fuel Station Lease Termination
and Relocation Agreement for the Marina Fuel and Charter Boat Company, L.C., Fuel
Station on the Lawrence Street T -Head."
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting
"Aye"; Colmenero and B. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said the Council received the
quarterly update on financial and departmental performance in the City Manager's transmittal dated
November 17, 2000. He said staff anticipates that the Comprehensive Annual Financial Report will
be distributed to the Council on November 28, 2000. He added that a hearing on the rural fire district
issue is scheduled for December 5, 2000, at 6:30 p.m. at the Northwest Senior Center.
In his report, Mayor Neal said the chairperson of the Dallas 2012 Olympic Committee asked
that Corpus Christi provide all the yachting service in Dallas' bid for those Olympic games. The
Mayor asked Deputy City Manager Noe, Mr. Cisneros, and Mr. Davidson to meet with him. He then
called for Council concerns and reports.
Mr. Longoria asked about specific language in the request for proposals for the collection of
delinquent Municipal Court fines. Mr. Garcia said staff will look into it. Mr. Longoria also asked
about Jazz Festival funding. Mr. Whitworth said the Jan Festival receives $7,500 as a line item
budget allocation each year. He said they have a contract just as all the line item arts agencies have
which requires recognition of the city as a sponsor in advertising and promotional materials. Mr.
Kinnison complimented staff on the quarterly financial report.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 8:15 p.m. on November 21, 2000.