HomeMy WebLinkAboutMinutes City Council - 09/25/2001I 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 September 25, 2001, which were approved
by the City Council on October 9, 2001.
WITNESSETH MY HAND AND SEAL, this 9th day of October, 2001.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 25, 2001
1:08 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex A. Kinnison*
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
John Longoria
Jesse Noyola
Mark Scott
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 Minister Luis Torres Jr., Iglesia de Cristo, and the Pledge of Allegiance to the
United States flag was led by Council Member Noyola. City Secretary Chapa called the roll and
verified that the necessary quorum of the Council and the required charter officers were present to
conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting
of September 18, 2001. A motion was made and passed to approve the minutes as presented.
*Council Member Kinnison arrived at 1:10 p.m.
*************
Mayor Neal called for consideration of the consent agenda (Items 2-8). City Secretary Chapa
pointed out that Item 2 needed to be amended. Council members and audience members requested
that Item 4 be discussed. Mr. Chapa polled the Council for their votes and the following were passed:
3. M2001-370
Motion authorizing the City Manager or his designee to execute an amendment to the
contract with Freese and Nichols Inc. in the amount of $69,000 for construction phase
engineering services for water supply security and control improvements at Choke Canyon
Reservoir, Wesley Seale Dam, and Mary Rhodes Pipeline pump stations.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
5. ORDINANCE NO. 024599
Ordinance authorizing the City Manager or his designee to execute a ten-year lease with the
Corpus Christi Model Railroad Club Inc., a non-profit organization, for the use of City
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Minutes - Regular Council Meeting
September 25, 2001
Page 2
property at 821 Louisiana Avenue for recreational purposes and in consideration of Corpus
Christi Model Railroad Club Inc., maintaining the premises and improvements and opening
the facility to the public.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
6. ORDINANCE NO. 024600
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
Great Western Soccer League, a non-profit organization, for the use of City property, to wit:
Terry and Bobby Labonte Park, for its soccer program and in consideration of Great Western
Soccer League maintaining the premises and improvements.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7. ORDINANCE NO. 024601
Ordinance authorizing the City Manager or his designee to execute Lease No. DTFA07-02-
L-00805, on land at Corpus Christi International Airport, terminating September 30, 2002,
with option to renew annually through September 30, 2011, with the U.S. Department of
Transportation, Federal Aviation Administration (FAA) for the operation of an engine
generator and underground fuel tank in consideration of the obligations assumed by the FAA
in its establishment, operation and maintenance of the facilities upon the leased premises.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
8. ORDINANCE NO, 024602
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 9 - Aviation,
Section 9-62 Passenger Facility Charge by extending the collection period from May 31,
1998 to April 1, 2023.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola abstaining.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 2, computer equipment. City Secretary Chapa said
staff wished to change the contract period from five years to three years. Mr Kinnison made a
motion to amend Item 2 as stated by Mr. Chapa, seconded by Mr. Colmenero, and passed. There
were no comments on Item 2. Mr. Chapa polled the Council for their votes as follows:
�.-
Minutes - Regular Council Meeting
September 25, 2001
Page 3
2.a. M2001-368
Motion authorizing the City Manager or his designee to lease purchase a hardware upgrade
for the City's IBM AS/400-620 processor from Business Integrators Inc. for $147,810.
Maintenance costs are not to exceed $57,190 over a three-year period.
The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
2.b. M2001-369
Motion authorizing the City Manager or his designee to lease purchase an AS/400 disk drive
storage from Business Integrators Inc. for $71,882. Maintenance costs are not to exceed
$29,820 over a three-year period. This purchase will be contingent upon Council approval
of a storage area network in October, 2001.
The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4, amending the Code of Ethics.
Mr. Jack Gordy, 310 Norton St., said that due to what has happened since the November
2000 election, he was asking the Mayor to abstain from discussing or voting on Item 4.a. He said he
strongly believes that this action is needed due to previous misunderstandings and he urged the
Council to support it.
Mr. J.E. O'Brien, 4130 Pompano, said he supports the proposed ordinance.
Responding to Council Member Longoria, City Attorney Bray said the Election Code defines
"political advertising" as a communication supporting or opposing a candidate or measure. He said
it does not apply to a communication that does not advocate passage or defeat; i.e., factual
information is not a violation. Mr. Longoria asked whether it would be a violation if a Council
member sent information to his constituents on city stationery which clarified the purpose of a
measure. Mr. Bray replied that that would not be a violation if it was merely explaining and not
promoting a measure. He said it would be a legitimate constituent response.
Mayor Neal asked Mr. Bray if there was any reason why he should not vote on Items 4.a. and
4.b. Mr. Bray said there was none. Council Member Kinnison asked whether the city falls under the
Texas Election Code anyway, and Mr. Bray said it does. He said the difference is that in addition to
filing a complaint with the Texas Ethics Commission, five people can now file a complaint with the
City Ethics Commission.
Minutes - Regular Council Meeting
September 25, 2001
Page 4
Council Member Chesney asked if it would be a violation if he replies (using city stationery)
to a constituent's question about his stance on a particular issue. Mr. Bray said that is a gray area,
adding that he is not aware of a Texas Ethics Commission decision on that issue exactly. He said this
action is an election provision and it applies to candidates or ballot measures. He said he would go
back and research it some more. City Secretary Chapa polled the Council for their votes as follows:
4.a. FIRST READING ORDINANCE
Ordinance amending Section 2-311(3) of the Corpus Christi Code of Ordinances to add
Section 255.003 of the Texas Election Code regarding political advertising to the standards
of conduct in the Code of Ethics.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
4.b. FIRST READING ORDINANCE
Ordinance amending Section 2-325 of the Corpus Christi Code of Ordinances to provide that
the date of the Ethics Commission's annual meeting shall be a date in September as set by
the Commission.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item
9) was regarding the multi-purpose arena and convention center projects. Council Member Kelly said
that since his office is very close to the arena site, he would be abstaining from participating in this
discussion. Mr. Raymond Gignac, of Gignac & Associates, said the previous master plans presented
to the Council have led up to this first phase of schematic design, which will be refined prior to
proceeding with the construction documents, bidding process, and actual construction.
Mr. Gignac said the guiding principles used in creating this design include the desire to create
a new civic and entertainment destination for the city; to increase the marketability of the shared
facilities; to integrate the development with the downtown area and the Bayfront Arts and Sciences
district; and to establish a new, contemporary image for the Bayfront Convention Center and arena.
Mr. Gignac then showed slides of the master plan of the facilities and how they will be integrated.
Mr. Andrew McLean, of Thompson, Ventulett, Stainback & Associates, discussed the
schematic design of the convention center in more detail and Mr. Robert Fatovic, of Architectonica,
discussed the arena's design. All three men replied to Council members' questions about specific
aspects of the projects, including the large glass front of the arena and the size of the seating area in
that facility.
Minutes - Regular Council Meeting
September 25, 2001
Page 5
Responding to additional questions, Deputy City Manager Noe said that in October staff
expects to bring to the Council the proposed agreements with SMG, the arena management firm. He
said the next stage of the design will be much more specific. Mr. Gignac said in the next two to four
weeks the architects will be able to receive some confirmation of the cost of the projects. Mr. Noe
said that in the next 60 days they hope to bring the Council a full operating proforma for the first five
years of the facility. The architects also discussed ADA compliance, sporting events (such as arena
football), parking, RTA bus service, and the funding percentage for art.
Mr. Justin White of SMG said the proposed arena has enough seating capacity now to
accommodate several major acts. He said that with the exception of major artists such as the
Backstreet Boys, the trend now is for artists to play mid-size arenas such as Corpus Christi's
(depending on their touring schedule). Mr. Noe confirmed that the two-tier bowl design will be able
to be funded by the 1/8th cent sales tax for 25 years. Mr. Gignac also briefly addressed incorporating
art into the projects' designs.
Mayor Neal said the consensus of the Council is that the architects are headed in the right
direction and they are looking forward to the next phase. He then recessed the Council meeting to
read the day's proclamations.
* * * * * * * * * * * *
*
Upon reconvening, Mayor Neal referred to the second presentation (Item 10) regarding the
JFK Causeway elevation construction project. Mr. David Casteel, District Engineer of the Texas
Department of Transportation (TXDOT) Corpus Christi District, described the history and
parameters of the project. Starting from the mainland and moving toward Padre Island, the project
includes a new freeway section with frontage roads; a new 2,850 -foot long bridge to enhance water
circulation on the Upper Laguna Madre; traffic turnaround and recreation access under the bridge;
and a new Humble Channel bridge. In addition, public access to the bait stands and fishing piers on
the south side will be retained.
Mr. Casteel said the roadway section from the Humble Channel to the JFK Bridge will be
raised to an elevation of 9 feet and the center line of the new roadway will be approximately 29-30
feet north of the center line of the existing roadway. He said the north side retaining wall will
average 11 feet and the wall on the south will be 3-5 feet. He said the project is scheduled to be let
in November 2001, which is contingent upon receiving all the permits from the Corps of Engineers.
If that occurs, the project can begin in January 2002 and hopefully be completed in June 2004 at a
cost of $45.2 million, which is funded from five sources. Mr. Casteel also described the procedures
of the project's two phases.
Responding to Mayor Neal, Mr. Casteel said the project extends 1,740 feet east of Aquarius
Drive. Council Member Garrett asked about exiting patterns, and Mr. Casteel said vehicles traveling
east will be able to exit by the bait stands to access them and also to drive along the frontage road
on the south side. He said the number of lanes on the Intracoastal Waterway will remain the same.
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Minutes - Regular Council Meeting
September 25, 2001
Page 6
Council Member Scott commented on the impact the construction will have on the island's
tourism and businesses. Mr. Casteel said some of the contractors who have expressed interest in the
project have said they would have to have extended work hours in order to meet TXDOT's
aggressive schedule, which he explained. He said the construction work area has been diminished
from 19 feet to 13 feet, which allowed for two 12 -foot lanes with 12 -foot shoulders in each direction.
In addition, there will be one 12 -foot lane of traffic with a 12 -foot shoulder for any stranded vehicles
to move over. He also discussed the retaining walls that are planned.
* * * * * * * * * * * * *
The third presentation (Item 11) was an update on City Council Priority Issue No. 16 for the
development of a southside traffic plan. Mr. David Seiler, City Traffic Engineer, explained that along
with the northwest area, the southside is one the city's fastest growing areas. He said the number and
scope of street capital improvement projects (CIP) since the mid-1980s have not been on par with
new development and traffic demand. He said the central concerns include: that the city is close to
non -attainment status for air quality; traffic congestion is a primary contributor to air pollution; and
there are limitations on existing street and expressway capacity in developed and congested areas.
As a result, conventional and innovative transportation system management strategies are necessary,
which will require coordination with TXDOT, the Regional Transportation Authority (RTA), and
the Metropolitan Planning Organization (MPO). Mr. Seiler said that ultimately staff hopes the
approved traffic plan recommendations can become part of the CIP Planning Guide.
Using a map, Mr. Seiler referred to the boundaries of the southside study area: McArdle and
Alameda streets on the north; Crosstown Expressway on the west; Ennis Joslin Road on the east; and
basically Oso Creek on the south. He said the Southside Master Transportation Plan has been
amended a few times since the 1980s when the Comprehensive Plan went into effect. He said recent
improvements in that area include Holly, Airline and McArdle roads and the Crosstown extension
frontage roads. Projects that are currently underway or are planned include Ennis Joslin (Spur 3);
Crosstown interchange/main lane extensions; Yorktown extension; McArdle Road Phase 3; RTA
Southside transfer station; traffic signal capital improvements; Airline Road intersection approach
at SPID; Staples Street intersection approach at Everhart Road; street overlay projects (Staples and
Gollihar-Williams); and the RTA street improvement program (special projects).
Mr. Seiler then discussed in detail the components of the southside traffic plan: South Padre
Island Drive traffic congestion study; southside transportation loop study; travel time and delay
studies (including congestion management measures and reduction of interference to through traffic);
master transportation plan/street cross-sections; bicycle master and mobility plans; strategies to
increase transit ridership; access management plan and ordinance; consideration of intelligent
transportation system (ITS) strategies; and review of transportation planning and development.
Mr. Seiler said staff plans to bring a consolidated set of recommendations to the Council for
their consideration which, if approved, would lead to amendments to the Southside Area
Transportation Plan and the Capital Improvement Planning Guide. He then discussed the proposed
time line for the proposals with completion planned for March 2003.
Minutes - Regular Council Meeting
September 25, 2001
Page 7
Responding to Mayor Neal, Mr. Seiler said the MPO conducted a travel time and delay study
at least three years ago and city staff does not want to rely on that data now. The Mayor said the city
needs to coordinate with the MPO so as not to duplicate efforts. Mr. Seiler said the city plans to do
its own study in-house but will also involve the MPO staff.
Council Member Kinnison commended staff for this report and he added that TXDOT is an
important element of the plan. Council Member Colmenero asked staff to include Gollihar in the
study area as the northern boundary (rather than stopping at McArdle Road) Mr. Seiler said the
city's CIP includes an overlay project on Ayers Street between the Port -Ayers "Y" and SPID. He said
staff is considering whether a narrow center continuous left -turn lane can be included.
Responding to Council Member Garrett, Mr. Seiler said the Crosstown lane extensions will
help relieve pressure at the intersection of Civitan and Ayers near the City Service Center. Mr. Bryan
Wood, TXDOT Deputy District Engineer, said Phase 2 of the extension project will exit traffic
between SPID and Holly Road until Phase 3 is completed, which is the construction of overpasses
at Holly and Saratoga. At the conclusion of that phase, traffic will be able to continue south past
Saratoga. Mr. Garrett also asked about possible ramp reversals on SPID at Everhart and Staples. Mr.
Seiler said there might be some constraints to doing that as a result of development that has occurred;
some alternatives might be to eliminate some entrance ramps. He said that will be part of the Texas
Transportation Institute study. Council Member Noyola commented on the large amount of traffic
on Ayers Street, as well as Saratoga Boulevard and Holly Road between Greenwood and Ayers.
*************
The fourth presentation (Item 12) was the quarterly update on the airport terminal
reconstruction and other related projects. Mr. Dave Hamrick, Acting Aviation Director, said that
Phase 3 of the terminal construction is continuing. He said the installation of the pre -cast siding and
upper-level concourse slabs is in progress and the roofing steel is in place. The scheduled move -in
date of August 2002 is still on target and all of the projects should be completed by March 2003. He
said that Phase I of the terminal apron project is in progress and the contract for Phase II has been
awarded and the contractor is awaiting the notice to proceed. In addition, the project is within
budget. He then showed photographs of the terminal construction.
Mr. Hamrick said that after the September 11th terrorist attacks, Corpus Christi's airport
terminal was evacuated and completely searched. The construction projects were shut down for a
few days until staff could coordinate with the Federal Aviation Administration (FAA) prior to
resuming the construction. Currently only ticketed passengers are allowed beyond the security
checkpoint, although there are exceptions for disabled persons and young people who are flying. Mr.
Hamrick said there are also continuous random bag searches at the checkpoint. He said the FAA has
instructed staff to increase the apron and terminal patrols and, as a result, four additional security
personnel have been added. The FAA has also directed that no unauthorized or unattended vehicles
will be allowed within 300 feet of the terminal, which affects both the short-term and long-term
parking areas and the rental car lots. He said that cabs are not affected because they are attended
vehicles.
Minutes - Regular Council Meeting
September 25, 2001
Page 8
Responding to Council members' questions, Mr. Hamrick said he believes that the 300 -foot
prohibition will be permanent and he has been instructed to ask the FAA for assistance on possibly
reducing the radius or installing alternative safety precautions. City Manager Garcia said that almost
all of the short-term parking has been eliminated and if the 300 -foot rule is enforced, the parking lot
will have to be redesigned.
Mr. Hamrick said that as of October 1st, the city should have the same number of flights prior
to September 11th and the same amount of staffing; however, all that is subject to change at any
time. He also discussed enplanement numbers, saying that Corpus Christi's numbers are not that
much lower than they were in August 2001. Mr. Hamrick said that due to the computer-generated
searches being conducted by the airlines, passengers should arrive two hours prior to their scheduled
departure time.
The Acting Airport Director then discussed the economic impact on the airport's budget
through July 31, 2002. He delineated the projected loss in revenues from landing fees, parking fees,
concession fees, the closure of the airport for three days, and projected additional expenditures, for
a total impact of $855,243. He said the airport's budget may be cut by $238,000, for a total net effect
of $617,243 (although it would not impact the existing airport personnel). Mr. Garcia said those
figures are based on the worst-case scenario and staff does not believe that those trends will
continue. It is expected that the federal bailout will stabilize the airline industry and Corpus Christi
will not be faced with such a severe reduction; however, staff wanted to inform the Council that the
possibility of such reductions does exist.
Mr. Hamrick also discussed possible reductions in the airlines' passenger facility charges.
Despite those reductions, the city will have sufficient funds to pay the debt service payments for FY
2002-03 and the first payment of FY 2003-04. Mr. Garcia said staff does not envision having to
make any changes to the bond program. Mr. Hamrick said staff is recommending the following:
continue the terminal construction as programmed; pursue measures to relocate the checkpoint past
the concession area; re-evaluate the landside roadway project; and remain proactive and plan
appropriate, event -based responses.
Mr. Jorge Cruz-Aedo, Director of Financial Services, said that on September 21, 2001,
Standard and Poor's (one of the rating agencies) issued a statement that all of its North American
airport and airport -related special facility ratings were put on credit watch with negative implications
in the wake of the September 1 lth attack. He said Moody's Investor Service and Fitch indicated that
they had no rating action to date and that they will be monitoring the industry and evaluating the
results. Mr. Cruz-Aedo said all of the financial markets are monitoring the situation not only in the
near term but also in the future. He said the consensus of the financing team for the airport bonds
is that the city should continue to plan for contingencies and proceed with the project. Mr. Garcia
said the airport reserves are very healthy and Mr. Cruz-Aedo said both the airport bond issue and the
reserve requirement are insured and the city has some capitalized interest.
Mayor Neal said he would like to have the Airport Board's recommendations on the landside
roadway project and he thanked staff for their efforts to plan for possible impacts as a result of the
Minutes - Regular Council Meeting
September 25, 2001
Page 9
terrorist attacks. Mr. Garcia and Mr. Hamrick also responded to Council members' questions
regarding financial issues, parking, and the status of the new control tower.
* * * * * * * * * * * *
*
The fifth presentation (Item 13) was the quarterly update on the water and wastewater re-
engineering efforts. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, said
the "theme" of re-engineering is "Effectiveness (doing the right things), Efficiency (with as few
resources as is practical), and Economy (at the lowest reasonable total cost)." He said the city's re-
engineering efforts are based on the following competitive strategy: develop the workforce through
multi -skilled workers, more competitive wages, and skill -based pay; automate facilities by pursuing
an aggressive capital improvement program (e.g., SCADA); and improve work management through
a computerized maintenance management system (CMMS).
Mr. Massey said the departmentally managed costs in the Water and Wastewater departments
have remained flat while the increases in the overall budget result from capital improvements. He
said 110 positions (23%) were eliminated in both departments with no layoffs; however, new tools
and teclmology have not yet been introduced to help manage work handled by the remaining staff.
He said they are working within the city's current compensation plan through the increased use of
skill -based pay and shift differential pay and they are anticipating the new compensation and
classification plan that is now underway throughout the city.
In the area of work management practices, improvements are needed to: plan, schedule and
execute tasks; allocate resources among competing priorities; preserve assets and reduce equipment
failures; track work activity costs; and maintain records of infrastructure conditions. Mr. Massey
explained that staff met with all city departments that manage infrastructure and introduced the
concept of CMMS, which is one of the critical tools to implement changes in work management.
Mr. Alan Manning, CEO of EMA Services Inc., gave a computer presentation on the work
management program and why it is beneficial. He said the program consists of a set of tools
(including hardware and software) that assists in changing behaviors and training people for new
work practices; it also monitors performance. He said the idea of a work managment program is to
move from a reactive environment to a planned environment, which saves a great amount of
productivity and money. He said the center of the program is a work order system which has a simple
planning and scheduling module that interfaces with inventory and purchasing and develops a
history. He said the goal of the system is to minimize the total cost and he noted that productivity
increases with optimal planning, which he explained.
Mr. Massey said staff's recommendation is to proceed with the compensation study and to
negotiate with EMA to bring a contract to the Council for a pilot work management program. Mr.
Garcia explained that the re-engineering effort in the utilities began about 21/2 years ago and the
initial phase is completed, which involved cutting costs by reducing personnel and making other
changes. He reiterated that an important element is the new compensation plan. Once that is
completed, the reclassified employees will need the tools to use their skills most effectively.
Minutes - Regular Council Meeting
September 25, 2001
Page 10
Mr. Massey said EMA is proposing to implement the work management program through
a phased approach consisting of three- to six-month phases costing $200,000 each. In addition, each
phase would re-engineer one business unit (such as the water treatment plant). He said this program
is needed first in the Water and Wastewater departments and eventually it will include the other
departments. Mr. Garcia said that programs such as this are the standard operating procedures in the
private sector and staff is trying to establish those same standards in the city's organization.
Responding to Mayor Neal, Mr. Massey said that much of the city's preventative
maintenance to this point has been based on schedules; however, with more integration, maintenance
will be based on run time of equipment using the SCADA system. Mr. Garcia said they do not plan
to have any further reductions in force but they do plan to have a core base of well-paid, well-
qualified and trained employees who have the best possible tools to optimize their productivity.
Council Member Kelly asked about the total cost of the program. Mr. Massey said there are
13 modules in the pilot program at $200,000 each for a total of $2.6 million over a three-year period.
He said only a small part would be paid out of the current fiscal year and the majority of it would be
budgeted as a capital improvement investment. He said EMA is estimating that the annual net benefit
of the program will be $1.5 million, which Mr. Manning explained. In response to other questions
from Mr. Kelly, Mr. Manning gave examples of savings experienced by some of EMA's private and
public sector clients.
Council Member Noyola asked whether, if the savings are realized, the city could refrain
from raising the utility rates. Mayor Neal said one of the real benefits of this program would be to
pay the city employees who are becoming more efficient and better trained. Council Member
Colmenero said he is glad that the city is not having to lay off employees and he asked about the
classification study. Deputy City Manager Noe said the results from the first phase should be ready
in June 2002, which can be included in the FY 2002-03 budget. The second phase, which relates to
skill -based positions, will take approximately 12 months. He said the study affects all city positions
except those covered by collective bargaining.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. C.M. Henry, 5118 Cavendish, said he feels the signs in front of the bond projects listing
the names of the Mayor and the At -Large members are illegal. He said he will not support those
Council members in a future election.
Mr. R.F. Hasker, 1813 Wallace, asked if citizens will be receiving a rebate of the 500 charge
on phone bills for 911 services. Mayor Neal said that while the appellate court has favorably looked
upon the city's request to have it removed from the county -wide 911 system, the case has not yet
gone through the court system completely. City Attorney Bray said the suit is against the State
Commission on Emergency Communications, which is represented by the Attorney General. He said
staff does not know whether the appellate court's decision will be appealed or retroactive.
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Minutes - Regular Council Meeting
September 25, 2001
Page 11
Mr. Jack Gordy, 310 Norton, referred to charges for offense, incident and accident reports
as well as two letters from Ms. Hadassah Schloss, Open Records Administrator for the state's
General Services Commission, dated August 20, 2001 and September 21, 2001. Mr. Gordy said the
City Manager said he was wrong in his statements about the report charges but Ms. Schloss' letters
say he is right and he feels he is owed an apology.
Council Member Colmenero said this issue keeps coming before the Council and he asked
staff to give an explanation. Deputy City Manager Noe said that city staff spoke with Ms. Schloss
and implemented the direction given in her letter dated August 20, 2001, that the city could charge
$2.00 for copies of offense and incident reports that are requested by strangers. Subsequently, Mr.
Gordy went back to Ms. Schloss, who amended her position, saying that $2.00 is the correct charge
for copies of reports that have information redacted from them. However, if no information is
redacted the charge should be 100 per page. Mr. Noe said that is a different interpretation than
before. He noted that only about one out of every 100 reports will not have information redacted
from it. Mr. Noe added that if Ms. Schloss sends a subsequent letter with different instructions, the
city will implement them because she is the authority in that area.
Mr. Colmenero asked about Ms. Schloss' reference to the charge for accident reports of
"$6.00 or the actual cost of preparing the copy, whichever is less" (according to HB 1544). Mr. Noe
said the law does not say that a city has to justify the cost in advance. He said cities across the state
have always seen --and Ms. Schloss acknowledged in prior discussions --that the amount set out in
the Transportation Code was believed to be reasonable on it face. He said Corpus Christi's Police
Depaituient will document its costs in order to comply with the law. Mayor Neal asked if staff was
conducting a cost analysis of the accident report fees. Mr. Noe said it should be completed in less
than a week. He said staff is still charging $6.00 for accident reports and they believe that charge will
be justified by the cost analysis.
In response to Council Member Chesney, Mr. Noe read from Ms. Schloss' August 20th letter
regarding the charges for incident and offense reports. He said staffs understanding from talking to
Ms. Schloss was that any stranger requesting such a report could be charged $2.00 whether staff
redacts or not because the report has to be reviewed first to determine if there is any confidential
information to be deleted. He added that staff's response to Council members' questions last week
was based on Ms. Schloss' instructions in her August 20th letter, which they had implemented.
Council Member Kelly thanked Mr. Gordy for his diligence in getting this situation
straightened out. He said he does not believe city staff wants to purposefully overcharge the citizens.
However, he said he believes the criticism of staff may be somewhat harsh because he interpreted
Ms. Schloss' August 20th letter the same way staff did. He said he felt Ms. Schloss' September 21st
letter was inconsistent with the section in question of the previous letter. Council Member Noyola
said this issue needs to be resolved once and for all.
Mr. J.E. O'Brien, 4130 Pompano, said that on September 18th the City Manager misled the
Council and put words in Mr. Gordy's mouth regarding the issue of police reports; he also told the
newspaper that Mr. Gordy was incorrect "as usual." He said Mr. Garcia owes Mr. Gordy an apology.
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Page 12
He also referred to Ms. Schloss' September 21st letter in which she told city staff that their practice
of charging $2.00 for reports that are not redacted must stop immediately. Mr. O'Brien said the
Police Department needs a new attorney and the City Manager should be reprimanded. He added that
in some cases, presentations to the Council violate the Open Meetings Act and the City Charter.
Mr. Richard Sanchez, 4214 Valley Circle, said he was representing the Texas Jazz Festival
Society along with Mr. Eddie Galvan and Mr. Beto Garcia. Mr. Sanchez thanked the Council for
their support and noted that the event is in its 41st year. He said that after the September 11th
terrorist attacks, the Jazz Festival organizers had considered cancelling this year's event but decided
that the community needed to be uplifted with free music. Mr. Galvan said the Jazz Festival costs
$100,000 to produce and all of that money stays in Corpus Christi. Council Member Noyola thanked
the artists and organizers of the event.
Mr. Raymond Verhey, 4973 Deer Park, discussed the new permits that were established for
the city's Elliott Landfill. He said he represents about 25 property owners who no longer find it
feasible to hire small haulers to dispose of their trash because of new insurance requirements. He
asked the Council to assist them in finding a solution to their concerns. Mayor Neal asked Mr.
Verhey to discuss it with Mr. Massey. Mr. Noyola said the new regulations are hurting small
business owners.
Ms. Mary Beth Nelson, 2721 Erie, said she is chairperson of the state governing board of
Common Cause of Texas. She commended the Council for the amendments to the ethics ordinance
and said there is more work to do. She also said she feels the City Manager needs to apologize to Mr.
Gordy for his comments and she said Common Cause has been watching the issue of overcharges
for Police Department reports and several organizations are ready to come down on the City of
Corpus Christi on that cause as soon as it goes to court. She also recommended that workshops be
held for each new Council on the Open Records and Open Meetings Acts.
Council Member Garrett referred to Mr. Henry's previous comments regarding the signs in
front of the bond projects. Mr. Garrett said the signs were meant to provide information for citizens
about the different projects and he was not aware that some of the Council members' names were
on the signs. He asked City Attorney Bray if the signs are illegal. Mr. Bray replied that he did not
think so but he has not looked at it.
Mr. Garrett then made a motion to remove the Council members' names from the signs and
to only use the signs to identify each particular project. He said if they are illegal they should be
removed. Mr. Noyola seconded Mr. Garrett's motion. Mayor Neal said the Council could not vote
on that issue at that time.
Mr. Ram Chavez thanked the Mayor, City Council and staff for giving the Veterans Band
the opportunity to participate in the memorial service held on September 16th for the victims of the
terrorist attacks.
Mr. Chesney said he took offense at Ms. Nelson's use of the words that President Bush spoke
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September 25, 2001
Page 13
following the terrorist attacks that "you're either with us or against us." Ms. Nelson replied that
Common Cause has been using that phrase for the last 30 years. Mayor Neal called for a recess.
* * * * * * * * * * * * *
Upon reconvening, the Council heard the sixth presentation (Item 14) regarding the city's
Internet website. Ms. Susan Cable, Director of Communications and Quality Management, showed
the Council and public the two sites her department manages: the internal "Intranet" site for city
employees and the city's web page on the Internet (www.ci.corpus-christi.tx.us). She said the
Internet site was launched in October 1999 and during that month it received 3,000 "hits" per day.
In recent months, the number of hits has increased to over 14,000 per day (over 400,000 per month).
She said that last year the site received a first place award from the Texas City Management
Association. She said Ms. Diana Ramirez in her office manages the sites with support from MIS.
Ms. Cable then discussed the variety of information and links on the web site, including
current issues such as the bond projects update, water conservation tips, budget summary, financial
report summary, quarterly financial and performance report, Packery Channel/TIF, news releases,
and the new solid waste ordinances.
Ms. Cable noted that the "City Government" listing contains information about the history
of Corpus Christi; city boards and commissions; City Council; City Manager and Deputy City
Manager; City Secretary and services provided by his office (such as ethics filings, elections, City
Charter, etc.); City Council meeting agendas and minutes; and citizen comment form. There are also
links for several city departments and services as well as tourism and businesses including major
tourist attractions (museums, USS Lexington, Texas State Aquarium), colleges and universities, and
other links (State of Texas, Nueces County, and the Weather Channel).
Mayor Neal asked that a link be created to the Hispanic Chamber of Commerce's site similar
to the other Chambers of Commerce. Ms. Cable said the city issued a request for information on
interactive and transactional services and staff is in the process of narrowing the list to two vendors.
* * * * * * * * * * * * *
The seventh presentation (Item 15) was an update on the new Solid Waste Services (SWS)
automated garbage collection program. Mr. Jeffrey Kaplan, SWS Director, recognized the employees
who will be driving the new automated trucks, saying they have each worked an average of 15 years
for the city. Using a computer presentation and a map, Mr. Kaplan said the current collection
program is divided into two areas (north and south) and consists of twice -per -week garbage pick up
with 36 routes per area. He said it currently takes 143 employees to service approximately 36,800
residences daily.
Mr. Kaplan said the automated program will include the following elements: three service
areas (north, central and south); twice -per -week pick up; reconfigured routes; six-day work schedule
with 10 -hour days; 39 automated routes (13 per area per day); 38 manual routes (the number per area
Minutes - Regular Council Meeting
September 25, 2001
Page 14
per day will vary); and 98 employees to service the routes. He said all three areas will consist of both
automated and manual routes. The north area will continue to have their garbage picked up on
Mondays and Thursdays. In the central area, the pick up days for the automated routes will be on
Wednesdays and Saturdays and the manual routes will be on either Mondays and Thursdays or
Tuesdays and Fridays (which will be a change for some customers). The south area will continue to
have garbage pick up on Tuesdays and Fridays.
Mr. Kaplan said the six-day work schedule, which was recommended by the city's consultant
GBB, captures the greatest operational efficiencies and minimizes operational expenses. In addition,
it maintains the twice -per -week frequency as directed by the City Council. Mr. Kaplan also discussed
the new 96 -gallon and 65 -gallon carts, which will be delivered next month. Residents will begin
using the new carts effective the next collection day after delivery. He added that if a resident wants
an additional cart, he will be charged $40 for the 96 -gallon cart or $36 for the 65 -gallon cart (with
a $10 delivery fee).
The SWS Director said that for the first 90 days of the program, the automated route drivers
will have an additional crew member to assist with the route conversion. In addition, selected long -
tenured drivers will conduct an operational evaluation of the system. In October certain routes and
trucks will be tested and the official start of the program is scheduled for Monday, November 5,
2001. He said all 13 automated trucks were received by September 17th.
Mr. Kaplan also discussed media and customer communication pieces that have been
disseminated as well as holiday schedules. He said after the first four or five months, staff will phase
in service for multi -family customers using 300 -gallon carts. Mayor Neal thanked Mr. Kaplan, Ms.
Estela Garcia, and other SWS staff, and he noted that the drivers will be critical to the success of this
program. Council Member Colmenero said there are several smaller streets in the central area and
he asked how staff will address problems that will arise. Mr. Kaplan replied that those issues can be
addressed and documented during the first 90 -day period by the extra staff member so that the
customer can be educated about various aspects of the program.
Council Member Kelly said his residence was included in the pilot program, and he asked
about the durability of the carts. Mr. Kaplan said the carts are warrantied for 10 years, which is their
life expectancy. He said if residents had a problem with the carts used in the pilot program, the city
will replace it for free if they cannot repair it. Mr. Kelly also asked about extra garbage bags placed
outside the carts. Mr. Kaplan said staff will pick up the bags and they do not intend to penalize
people but they will study the issue. Responding to Council Member Noyola, Mr. Kaplan further
discussed the operation of the automated trucks and safety issues.
Mayor Neal opened discussion on Item 16, `B -1A" zoning district. There were no comments
from the audience. City Secretary Chapa said staff was proposing an amendment to a portion of Item
16 (Section 12A-9.4), which he read. Mr. Chesney made a motion to amend Item 16 as read by Mr.
Chapa, seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council for their votes:
Minutes - Regular Council Meeting
September 25, 2001
Page 15
16. ORDINANCE NO. 024603
Ordinance imposing a temporary six month moratorium on the requirement to construct a
six foot high masonry fence when a `B -1A" Neighborhood Business District abuts a
residential district in Section 12A-9.4 of the Zoning Ordinance of the City of Corpus Christi,
Texas; providing for an effective date.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and
Scott voting "Aye."
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 17, street renaming procedure. There were no
comments from the audience. Council Member Longoria referred to the survey process in the
proposed street renaming procedures which states that 50% of the property owners must support the
renaming. He said that scenario could result in a divided neighborhood and he suggested that the
percentage be raised to 75% of the neighborhood. Mr. Seiler said the proposed requirement is 50%
of the property owners (as opposed to 50% of the responses to the survey). City Manager Garcia said
staff can set it at any percentage the Council wishes. Council Member Scott asked who would be
responsible for the cost of the new signs. Mr. Seiler said the city has and would continue to pay it.
Mr. Longoria made a motion to amend the section of the approval process so that property
owner support should exceed 75%; seconded by Mr. Colmenero. Mr. Noyola said he agrees with Mr.
Longoria because it will compel the petitioner to seek the support of the affected property owners.
Mr. Scott said he did not think the city should have to pay for the new street signs. Mr. Garcia
said staff can stipulate that the cost of the new street signs will be paid by the people who are
successful with the name change petition. Mr. Scott said he wished to make that a motion, and Mr.
Longoria said he would accept an amendment to include a provision that the street sign cost will be
paid by the petitioner(s).
Council Member Kinnison asked about the cost of the street signs. Mr. Seiler said each sign
assembly costs about $100 installed and there is one sign per intersection along a local street and two
per intersection along an arterial.
Mayor Neal called for a voice vote on Mr. Longoria's motion to amend Item 17 to change
the required approval from 50% to 75%. The motion passed unanimously. The Mayor then asked
staff to include wording in the ordinance about the street sign cost being paid by the petitioner(s) to
be considered by the Council on second reading. City Secretary Chapa polled the Council as follows:
17. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances, Chapter 49 - Streets and Sidewalks, Section
Minutes - Regular Council Meeting
September 25, 2001
Page 16
49-1 - Procedure for naming, renaming or changing names of streets, by replacing current
procedures with new procedures and fees.
The foregoing ordinance passed on first reading, as amended, by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mr. Chapa said that inherent in the street renaming process is the current Council policy
regarding renaming streets. He said the Council may want to consider changing that policy and on
second reading staff can make a recommendation on how to do that. Mayor Neal said the Council
should look at the policy at the same time they consider the second reading of the ordinance to
ensure that they are consistent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 18, leased motor vehicles. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
18. FIRST READING ORDINANCE
Ordinance providing for continuation of ad valorem taxation of leased motor vehicles.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 19, service charge for returned checks. There were
no comments from the audience. Responding to Council Member Scott, Mr. Cruz-Aedo said this
proposal is the standard amount charged by most of the city's collection partners. Mayor Neal asked
if there were any state or federal laws that would come into play, and Mr. Bray replied that he is not
aware of any. City Secretary Chapa polled the Council for their votes as follows:
19. FIRST READING ORDINANCE
Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 17,
Finance and Taxation, Section 17-1.2, Service Charge for Returned Checks, by increasing
said fee from $15.00 to $25.00; providing for an effective date of October 12, 2001.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 20, franchise fee payments. Responding to the Mayor,
Mr. Garcia said this was the lawsuit settlement that staff previously discussed with the Council.
There were no comments from the audience. Council Member Kinnison asked about an audit on
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Page 17
some fees. Mr. Bray said there is no need to go forward because this action releases all past claims.
City Secretary Chapa polled the Council for their votes as follows:
20. ORDINANCE NO. 024604
Ordinance settling and releasing claims against Central Power and Light Company
concerning franchise fee payments; providing no pass through of settlement amounts; and
specifying terms for future franchise payments.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal announced the following executive sessions, pursuant to Texas Government
Code Section 551.071, regarding the following with possible discussion and action related thereto
in open session:
21. City of Corpus Christi v. Texas Municipal League Intergovernmental Risk Pool and Texas
Municipal League Joint Self Insurance Fund, No. 01-00327-D, 105`s District Court, Nueces
County, Texas;
22. City of Corpus Christi, a Self -Insured Governmental Entity v. June E. Shultz, Claimant, 01-
3819-B, 117t District Court, Nueces County, Texas, and regarding related claims; and
24. City of Corpus Christi v. Manhattan Construction Company et al, No. 94-6459-A, 28th
District Court, Nueces County, Texas.
(Note: the executive session under Item 23 regarding City of Corpus Christi v. Nancy Helen
Graham, et al, No. 01-025-C, County Court at Law, San Patricio County, Texas, and regarding land
acquisition in connection with the Rincon Bayou Project was withdrawn.)
The Council went into executive session. The Council returned from executive session.
* * * * * * * * * * * * *
Upon reconvening, City Secretary Chapa said that Council Member Noyola had filed a
conflict of interest affidavit for Item 8 and he was requesting the Council's authority to change his
vote to an abstention on that item. A motion allowing Mr. Noyola to change his vote to an abstention
on Item 8 was made and seconded and it passed unanimously.
Mayor Neal called for the City Manager's report. Mr. Garcia said the Labonte Park dedication
will be held on September 26th at the former Nueces River Park. Terry and Bobby Labonte will be
in attendance. Mr. Garcia said the next Council meeting will be held on October 9th. He said the
Bayfest organizers and the Buccaneer Commission had requested a joint luncheon meeting with the
Council on that day to discuss the policy of funding public costs for those events. The Mayor
suggested that that issue be placed on the regular agenda and comments can be made by any
interested persons. Mr. Garcia said they would cancel the luncheon meeting.
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Page 18
The Mayor referred to a letter to the editor regarding the Council's appointment to the Port
Board. He said the Council does not instruct its appointees to the various boards about how to vote.
Mayor Neal called for Council concerns and reports.
Mr. Scott said that after reading about the State Ethics Commission last week, he wished to
say that Mayor Neal is a man of great integrity and high personal ethics. He said it is an honor to
serve with the Mayor. Mr. Noyola said that he, Mr. Garrett and Mr. Chesney will hold a District 3
town hall meeting at Moody High School cafeteria on October 10th. Mr. Noyola also reported that
a citizen was cutting the grass in a city ditch near Weber and O'Day streets and he said there is a pile
of concrete near Angela and Barrera streets.
Mr. Chesney said there was a close vote on the Council's appointment to the Port Board
because there were many outstanding nominees. He said the letter to the editor was incorrect and he
feels it is an attempt to undermine the Council's appointment. He added that the October 10th town
hall meeting will be held in District 3 but all citizens are invited to attend.
Mr. Kelly forwarded written comments from students at Calallen Middle School to the Mayor
following his recent visit to their school. Mr. Colmenero referred to a petition initiated by residents
on Marion Street regarding safety issues.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 8:02 p.m. on September 25, 2001.
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