HomeMy WebLinkAboutMinutes City Council - 12/16/2003I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of December 16, 2003, which were approved
by the City Council on January 13, 2004.
WITNESSETH MY HAND AND SEAL, this the 13th day of January 2004.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 16, 2003 - 9:05 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Brent Chesney (Arrived at 9:12 a.m.)
Council Members:
Javier D. Colmenero
Melody Cooper (Arrived at 1:25 p.m.)
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Alston Kirk of Trinity Lutheran Church 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 December 9, 2003. A motion was made and passed to approve the minutes as
presented.
Mayor Neal called for a brief recess to present a certificate of commendation.
* * * * * * * * * * * * *
The Council returned from recess. Mayor Neal referred to Item 2 and the following board
appointments were made:
Arts & Cultural Commission
David Barganski (Appointed)
Laura Ann Pitt (Appointed)
Community Youth Development (78415) Steering Committee
Brittani Booker (Appointed)
Erica Tello (Appointed)
Daniel Ramos (Appointed)
Corpus Christi Regional Economic Development Corporation
Edward Martin (Reappointed)
Joe Elizondo (Reappointed)
Minutes - Regular Council Meeting
December 16, 2003 - Page 2
Electrical Advisory Board
Kyle Budd (Appointed)
Shane Tomo (Appointed)
Oil and Gas Advisory Committee
Michael Woodcock (Reappointed)
Juan Cabasos (Appointed)
North Padre Island Development Corporation
Samuel L. Neal Jr. (Reappointed)
Brent Chesney (Reappointed)
Melody Cooper (Reappointed)
Mark Scott (Reappointed)
Weed and Seed Steering Committee
Lucio Garcia (Reappointed)
Mae Milligan (Appointed)
* * * * * * * * * * * * *
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
3. Executive session under Texas Government Code Section 551.071 regarding TCEQ Notice
of Violation, Docket No. 2003 -1347 -MWD -E, Case No. 10113, with possible discussion and
action related thereto in open session.
4. Executive session under Texas Govemment Code Section 551.071 regarding Marcia S. West
and Steven M. West vs. City of Corpus Christi, Cause No. 02-3927-E, in the 148th District
Court, Nueces County, Texas, with possible discussion and action related thereto in open
session.
5. Executive session under Texas Government Code Section 551.071 regarding potential legal
issues related to the options for operating the City's landfills, with possible discussion and
action related thereto in open session.
6. Executive session under Texas Govemment Code Section 551.071 regarding City of San
Benito v. PG&E Gas Transmission, Texas Corporation, et al No. 96-12-7404-A, 107th
District Court, Cameron County, Texas; the remaining related claims of the City of Corpus
Christi against PG&E's successor GulfTerra Texas Pipeline, L.P. and other entities; and
similar claims of the City of Corpus Christi against other similar entities, with possible
discussion and action related thereto in open session.
The Council went into executive session.
* * * * * * * * * * * * *
The Council returned from executive session. Mayor Neal deviated from the agenda and
opened discussion on Item 33 regarding the renaming of Meadowbrook Park to Dan Whitworth
Park. Mr. David Ondrias, Acting Director of Park and Recreation, thanked the Park and Recreation
Advisory Committee for initiating the process to have the park renamed in honor of the late Mr.
Whitworth. He also recognized staff members and advisory committee members in the audience.
Mr. Wally Whitworth, speaking on behalf of the Whitworth family, introduced family and friends
in the audience. He said the family was grateful for the honor.
Mr. Ondrias announced that there were a number of preliminary plans for improvements to
Minutes - Regular Council Meeting
December 16, 2003 - Page 3
the park. He said Mr. Chuck Anastos would be providing a brief presentation on the plans at a
reception taking place immediately after the Council's action today. He said the Council would be
apprised of the plans as the work progressed. Mayor Neal, speaking on behalf of the Council,
thanked the family, staff and committee members, and spoke in support of the project. City
Secretary Chapa polled the Council for their votes as follows:
33. ORDINANCE NO. 025595
Waiving the 60 -day waiting period and publication of legal notice; and renaming the park
at 701 St. Pius Drive from Meadowbrook Park to Dan Whitworth Park. (First Reading
12/9/03)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Cooper was absent.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 7-31). Council members
requested that Items 7, 11, 16, 17, 21 and 23 be discussed. Mr. J.E. O'Brien requested that Item 30
be discussed. A motion was made and passed to approve Items 7 through 31, constituting the
consent agenda, except for Items 7, 11, 16, 17, 21, 23 and 30, which were pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
8.a. ORDINANCE NO. 025576
Ordinance appropriating $130,625 from the reserve for Government Access Equipment and
Facilities in the No. 1020 General Fund for Access Channel Equipment and Facilities; and
amending the Operating Budget adopted by Ordinance No. 025394 and to increase
appropriations.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
8.b. MOTION NO. 2003-436
Motion approving the purchase of audio video systems for the City Hall Sixth Floor
Conference Room, Council Chambers and associated Executive Session Rooms from Visual
Innovations Company, Inc., of San Antonio, Texas in accordance with the State of Texas
Cooperative Purchasing Program for a total amount of $115,939. Funds are available from
the Time Warner and ClearSource franchise agreement grant.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 16, 2003 - Page 4
9. MOTION NO. 2003-437
Motion approving a supply agreement with Borden Milk Products, LP, of Austin, Texas in
accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-04-2
for 152,000 half-pint containers of low-fat milk, based on the recommended award submitted
by the Coastal Bend Council of Governments for an estimated twelve-month expenditure of
$28,880. The term of the agreement shall be for twelve months with an option to extend for
up to three additional months, subject to the approval of the Coastal Bend Council of
Governments, the supplier and the City Manager or his designee. Funds have been budgeted
by Senior Community Services in FY 2003-2004.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
10. MOTION NO. 2003-438
Motion approving supply agreements with the following companies for the following
amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No.
CBCOG-04-1 for food items which include canned and frozen fruit and vegetables, meats
and condiments for an estimated six month expenditure of $93,444.33. The terms of the
contracts shall be for six months with an option to extend for up to three additional months,
subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the
City Manager or his designee. Funds have been budgeted by Senior Community Services
in FY 2003-2004.
Ben E. Keith
San Antonio, TX
40 Items
$19,025.48
LaBatt Food Service
Corpus Christi, TX
57 Items
$29,454.20
PFG Sysco Food Service
Victoria, TX San Antonio, TX
46 Items 18 Items
$41,341.32 $3,623.33
Grand Total: $93,444.33
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 16, 2003 - Page 5
12. RESOLUTION NO. 025578
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $92,001 to the State of Texas, Office of the Governor, Criminal Justice Division
for eligible funding under the Juvenile Accountability Incentive Block Grant Program to
fund a program to reduce juvenile delinquency, improve the juvenile system, and increase
accountability for juvenile offenders; with a City match of $10,222 in the No. 1020 General
Fund, for a total project cost of $102,224.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
13.a. MOTION NO. 2003-440
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $25,000 from the Texas Department of Transportation for an Impaired Driving
Mobilization Selective Traffic Enforcement Project (STEP) grant for Driving While
Intoxicated enforcement overtime within the Police Department and to execute all related
documents.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
13.b. ORDINANCE NO. 025579
Ordinance appropriating a grant in the amount of $25,000 from the Texas Department of
Transportation for funding of an Impaired Driving Mobilization Selective Traffic
Enforcement Project (STEP) grant for Driving While Intoxicated enforcement overtime
within the Police Department in No. 1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
14. RESOLUTION NO. 025580
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Department of Public Safety Division of Emergency Management in the amount of
$1,000 under the FY 2004 Local Hurricane Grant Program for enhanced hurricane -related
public awareness and education.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 16, 2003 - Page 6
15. RESOLUTION NO. 025581
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Department of Public Safety Division of Emergency Management in the amount of
$7,000 for upgrades to the City's Dialogic System, under the Facilities and Equipment Grant
Program, with a City match of $7,000 in the No. 1020 General Fund, for a total project costs
of $14,000.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
18. RESOLUTION NO. 025587
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas General Land Office in the amount of $600,000 for a Coastal Erosion Planning and
Response Act (CEPRA) - Cycle 3 Grant for the restoration of Sunfish Island; with a City
Match of $400,000 in sand and in-kind services; for a total project cost of $1,000,000.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
19.a. MOTION NO. 2003-441
Motion authorizing the City Manager or his designee to execute an agreement with the
Corpus Christi Country Club for Force Main Repairs/Replacement Line "C", Phase 1 -
Corpus Christi Country Club, including any easements necessary for the project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
19.b. MOTION NO. 2003-442
Motion authorizing the City Manager or his designee to execute a construction contract with
Cash Construction of Pflugerville, Texas in the amount of $841,830 for the Force Main
Repairs/Replacement Line "C", Phase 1 - Corpus Christi Country Club.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
19.c. MOTION NO. 2003-443
Motion authorizing the City Manager or his designee to execute a construction contract with
Ramos Industries, of Pasadena, Texas in the amount of $1,315,060 for the Force Main
Repairs/Replacement Line "C", Phase 2 - Kenith Circle to Cimarron Boulevard.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 16, 2003 - Page 7
20. MOTION NO. 2003-444
Motion authorizing the City Manager or his designee to execute a construction contract with
S J Louis Construction, of Mansfield, Texas in the amount of$1,489,586.49 for the 30 -inch
and 18 -inch gravity sewer lines from Kostoryz Road to Waterloo Drive.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
22. MOTION NO. 2003-446
Motion authorizing the City Manager or his designee to execute Change Order No. 2 with
Laughlin -Thyssen, Inc., of Houston, Texas in the amount of $46,928 for the O.N. Stevens
Water Treatment Plant Wash Water System, Phase 2 Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
24. MOTION NO. 2003-448
Motion authorizing the City Manager or his designee to execute Change Order No. 1 with
Chief Environmental Surveys, of Houston, Texas in the amount of $102,346.43 for
miscellaneous sewer line cleaning.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
25. ORDINANCE NO. 025588
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Minvesco, L.P. for the right to construct and maintain a 2 -inch PVC force
main that will extend approximately 394 -feet along the Crowsnest Avenue Street right-of-
way (ROW); and establishing a fee of $544.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 16, 2003 - Page 8
26.a. ORDINANCE NO. 025589
Ordinance appropriating $19,677.26 from Lot 1, Block 1, Brighton Village Unit 9
developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund;
and amending Ordinance No. 024130, which appropriated the trust funds, by adding
$19,677.26 to the No. 4730 Infrastructure Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
26.b. MOTION NO. 2003-449
Motion approving payment of $19,677.26, developers contribution from Brighton Village
Unit 9, Block 1, Lot 1, from the No. 4730 Infrastructure Fund to Mark Bratton, Trustee, for
disbursement to the appropriated Funding Owners, in accordance with the Offsite Drainage
Development Contract, Master Plan Drainage Channel 31, between the City of Corpus
Christi and Trustee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
27.a. MOTION NO. 2003-450
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $4,375 and execute a contract with the Corporation for National and Community Service
for the continuation of the Senior Companion Program.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
27.b. ORDINANCE NO. 025590
Ordinance appropriating a grant in the amount of $4,375 from the Corporation of National
and Community Service in the No. 1067 Park and Recreation Grants Fund for the Senior
Companion Program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 16, 2003 - Page 9
28.a. MOTION NO. 2003-451
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $18,115 and execute a contract with the Corporation for National and Community Service
for the continuation of the Retired and Senior Volunteer Program.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
28.b. ORDINANCE NO. 025591
Ordinance appropriating a grant in the amount of $18,115 from the Corporation for National
and Community Service in the No. 1067 Park and Recreation Grants Fund for the Retired
and Senior Volunteer Program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
29. RESOLUTION NO. 025592
Resolution authorizing the City Manager or his designee to enter into an agreement with the
American Bowling Congress and the Corpus Christi Convention and Visitors Bureau to host
the American Bowling Congress Tournament in 2006 and to provide them with $250,000
by December 31, 2004, subject to appropriations.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
31. ORDINANCE NO. 025594
Amending Section 4-5, Code of Ordinances, City of Corpus Christi regarding the location
of establishments serving on -premise alcoholic beverages; and providing for penalties. (First
Reading 12/9/03)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Cooper was absent.
Mayor Neal opened discussion on Item 7 regarding the purchase of 25 vehicles for various
departments. Council Member Garrett asked for more information regarding the seven additional
vehicles to the fleet. Mr. Mike Barrera, Procurement and General Services Manager, answered that
they were full-size, extended cab pick-up trucks to be used by the Neighborhood Initiative Program
(NIP). City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 16, 2003 - Page 10
7. MOTION NO. 2003-435
Motion approving the purchase of twenty-five vehicles consisting of twenty-two pickup
trucks and three cargo vans from the following companies for the following amounts, in
accordance with Bid Invitation No. BI -0034-04, based on low bid and low bid meeting
specifications, for a total amount of $436,569. The vehicles will be purchased for
Maintenance Services, Municipal Information Services, Neighborhood Services, Gas, Storm
Water, Water, Wastewater, and the Marina. Eighteen vehicles are replacement units and
seven are additions to the fleet. Funds are available from the FY 2003 - 2004 Capital Outlay
Fund.
Champion Ford
Corpus Christi, TX
Bid Items 2, 6, 7, 9, 12-14
5140,063
Crosstown Ford
Corpus Christi, TX
Bid Items 1, 8, 10, 11
5203,078
Grand Total: $436,569
Red McCombs Dodge
San Antonio, TX
Bid Items 3-5
$93,428
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Mayor Neal opened discussion on Item 11 regarding the purchase of a server for Municipal
Court. Mr. Kelly asked how many warrants and fines were backlogged and uncollected in
Municipal Court. Mr. Rene Mendiola, Director of Municipal Court, replied that they were replacing
the computer systems to ensure that warrants could be processed in a more timely manner. He said
there were approximately 5,000 active warrants. He stated that they were generating about 500
warrants per week. He said the new upgraded systems could increase the load. Mr. Kelly asked
how many warrants could be processed in a week. Mr. Mendiola answered that the number varied
depending on the time of year. Mr. Kelly asked how much money the outstanding warrants
represented. Mr. Mendiola replied that he did not have an exact number, but the average fine for
a failure -to -appear warrant was $300 and $600 for a truant individual.
Mr. Kelly asked how the new system would help Municipal Court better process the
warrants. Mr. Mendiola replied that the system would allow the work flow to proceed electronically
through all the departments, expediting the processing time. Mr. Kelly asked if the outdated
computer system was the cause of the backlog, or if it was due to a lack of staffing. Mr. Mendiola
answered that the backlog was due to a variety of reasons, including lack of staffing and the re-
implementation of the program. Mr. Kelly asked for more evidence that the system would provide
long-term benefits. Mr. Mendiola stated that he would provide the information. Mr. Garrett
commented that staff was scheduling a presentation during the first week of January to inform the
Council about the good work taking place in Municipal Court.
Mr. Colmenero asked how long it would take to install and implement the new system. Mr.
Ogilvie Gericke, Director of Municipal Information Systems, replied that it would take a few months
to fully automate the system. Mr. Kinnison asked if the presentation in January would include an
update on collection efforts. Mr. Garrett replied affirmatively. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
December 16, 2003 - Page 11
11.a. ORDINANCE NO. 025577
Ordinance appropriating $125,708.40 from the No. 1020 General Fund Municipal Court
Technology Fee for lease of one Hewlett Packard Server, four Dell Servers; and amending
the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 to increase
appropriations by $125,708.40.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
11.b. MOTION NO. 2003-439
Motion authorizing the City Manager or his designee to lease a Hewlett Packard RP7410
Server from Dataseek of San Antonio, Texas, in the amount of $74,520 in accordance with
the State's Cooperative Purchasing Program.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Mayor Neal opened discussion on Item 16 regarding a grant for the city-wide Wireless
Fidelity (WiFi) portion of the automated meter reading project. Mayor Neal asked Assistant City
Manager Mark McDaniel to provide more information on this item. Mr. McDaniel stated that staff
was in the process of preparing an RFP for the automated meter reading pilot program. He said that
one of the emerging technologies related to the project was Wireless Fidelity, or WiFi. He said WiFi
would enable the city to go to the next level in city-wide communications. He said the system would
allow the city to place an umbrella over the entire city and communicate with much less fiber optics.
He said it would allow the city to reach areas that are not currently wired for fiber optics. He said
the grant was with the Homeland Security program and, if funded, would allow the city to offset its
costs. Mayor Neal added that the system would allow the city to have instant communications with
all public safety personnel as well as the utilities section during an emergency. Police Captain
Leonard Scott added that the new system would give public safety officers direct access to the video
imaging system, sex offender files and other significant databases. He said the system was an
important tool in the community policing effort because it empowered the officers.
Mr. Colmenero asked if the frequency would be accessible to the general public. He was
concerned that confidential information could be transmitted by mistake. Captain Scott replied that
the city would be able to secure the public safety and city operations use of the system through
virtual private networking. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 16, 2003 - Page 12
16. RESOLUTION NO. 025582
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $1,000,000 to the United States Department of Homeland Security to fund the
City -Wide Wireless Fidelity (WiFi) portion of the Automated Meter Reading/Wireless
Broadband Network Pilot Project for the Water and Gas Service Departments.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Mayor Neal opened discussion on Item 17d regarding a community media outreach program
on recycling and illegal dumping. Council Member Scott asked if the Recycling Committee had
provided any input on this initiative, and asked for more details on the implementation plan. Mr.
Jeff Kaplan, Director of Solid Waste, replied that the plan was to support the Neighborhood
Initiative Program in several target areas. He said the Recycling Committee had not met for several
months, but several members had expressed interest in coordinating this program, including the
Beautify Corpus Christi Association. Mr. Kinnison asked when the committee was going to develop
recommendations on how to increase citizen participation in the recycling program. Mr. Kaplan
replied that staff was currently working to reorganize the committee at this time. City Manager Noe
added that staff had a number of initiatives to potentially discuss with the committee once they meet.
Mr. Kinnison asked if this would happen within the next 90 days. Mr. Noe replied that staff would
set this as a target date. City Secretary Chapa polled the Council for their votes as follows:
17.a. RESOLUTION NO. 025583
Resolution authorizing the City Manager or his designee to submit a Municipal Solid Waste
Grant Application to the Coastal Bend Council of Governments in the amount of $63,682
for an assistant compliance officer, 4x4''Aton extended cab pick-up truck with accessories,
electronic surveillance equipment and a 800MHZ radio to assist in the City's efforts in
enforcement and compliance of the City's Solid Waste Service's ordinance and illegal
dumping.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
17.b. RESOLUTION NO. 025584
Resolution authorizing the City Manager or his designee to submit a Municipal Solid Waste
Grant Application to the Coastal Bend Council of Governments in the amount of $60,000
for contractual services for hauling landfill mulch to area parks and playgrounds.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 16, 2003 - Page 13
17.c. RESOLUTION NO. 025585
Resolution authorizing the City Manager or his designee to submit a Municipal Solid Waste
Grant Application to the Coastal Bend Council of Governments in the amount of $217,200
for a mulch spreading vehicle to help maintain area parks and playgrounds.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
17.d. RESOLUTION NO. 025586
Resolution authorizing the City Manager or his designee to submit a Municipal Solid Waste
Grant Application to the Coastal Bend Council of Governments in the amount of 520,000
to develop a community media outreach campaign for target areas of the City on recycling
and illegal dumping.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Mayor Neal opened discussion on Item 21 regarding irrigation improvements to Gabe
Lozano and Oso Beach Golf Courses. Mr. Kelly asked if the funds for the irrigation improvements
were coming out of operational funds. Mr. Noe replied that they were actually coming out of the
surcharge fees that have been collected and placed in a reserve fund over time. Mr. McDaniel added
that the Council took action to appropriate all of the reserve into the operating funds, and now staff
is in the process of spending it. Mr. Garrett asked if the surcharge fees were supposed to be used
for irrigation improvements. City Manager Noe replied that when the surcharge fund was first
created, the original intent was to set aside dollars to construct a third golf course, which has now
been determined to be unfeasible. He said staff has since amended the program to apply the funds
for improvements to the existing golf courses, following a full dialogue with the Municipal Greens
Committee and the Park and Recreation Advisory Committee. City Secretary Chapa polled the
Council for their votes as follows:
21. MOTION NO. 2003-445
Motion authorizing the City Manager or his designee to execute a construction contract with
Chambers Golf Construction, of Purcell, Oklahoma in the amount of $447,299.97 for the
Gabe Lozano Senior Golf Center and Oso Beach Golf Course Irrigation Improvements
Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Mayor Neal opened discussion on Item 23 regarding a sewer line along Antelope Street. Mr.
Kelly asked Mr. Angel Escobar, Director of Engineering Services, to elaborate on the improvements
on Antelope Street. Mr. Escobar replied that the improvements would replace the sewer line under
Antelope Street, increasing the flow in the sanitary sewer system to avoid any future back-ups or
overflows in the area. Mr. Kelly asked what condition Antelope Street would be left in once the
Minutes - Regular Council Meeting
December 16, 2003 - Page 14
repairs were complete. Mr. Escobar answered that there would be a patch down the middle of the
road. He added that Antelope Street was on the list of streets being recommended to the Council
for consideration for future improvements through the Bond 2004 program. Mr. Kelly stated that
he would like to see Antelope Street improved west of Palm Street as well. He said he was pleased
that the sanitary sewer system problem in that area was being addressed. City Secretary Chapa
polled the Council for their votes as follows:
23. MOTION NO. 2003-447
Motion authorizing the City Manager or his designee to execute Amendment No. 13 with
MEI Govind, Inc., of Corpus Christi, Texas for a total fee not to exceed $62,338 for the 24 -
inch gravity sewer line along Antelope Street between Palm Street and Doss Street.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Mayor Neal opened discussion on Item 30 regarding amendments to the Code of Ordinances
for the Utilities Business Office. Mr. J.E. O'Brien spoke regarding his concern that the last rate
increase did not comply with the Texas Water Code. Acting City Attorney Reining answered that
the city must comply with the applicable provisions of the Texas Water Code. He said the provision
that Mr. O'Brien was referring to did not apply to the city. City Secretary Chapa polled the Council
for their votes as follows:
30. ORDINANCE NO. 025593
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish
procedures regarding security deposit, delinquent payments, late fees, and average billing
for the Utilities Business Office; and providing for penalties. (First Reading 12/9/03)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Cooper was absent.
* * * * * * * * * * * * *
Mayor Neal referred to the presentation on the day's agenda, an update on the Landfill
Operations Request for Proposal. City Manager Noe prefaced the presentation by saying that long-
term landfill options and operations was probably one of the more difficult and complicated issues
that the Council would have to face because of its significant long-term impact.
Mr. Jeffrey Kaplan, Director of Streets and Solid Waste Services, provided background
information on past and present landfill issues. He said that prior to 1995, regional landfills were
recommended by the state, and J.C. Elliott served as the area's regional landfill. He said there were
no time limits on permits at that time. He stated that the Council decided to acquire and permit the
Cefe Valenzuela landfill, knowing that the J.C. Elliott landfill had a finite life expectancy.
Presently, Mr. Kaplan stated that the TCEQ was now moving away from the regional landfill
Minutes - Regular Council Meeting
December 16, 2003 - Page 15
concept. He said legal challenges and the opening of the El Centro landfill have led to a decrease
in revenues and a resulting loss of tonnage. He noted that the estimated remaining life of the J.C.
Elliott landfill is 3.5 years at best.
Consequently, Mr. Kaplan said the Council directed staff to put out a Request for Proposals
(RFP) for a public/private partnership with a viable company in landfill development and operations
business. He stated that the RFP had the following objectives: cost benefits; expertise; maintain
revenues; and offer the city alternatives for landfill operations. He said the RFP was sent to the top
20 local and out-of-town firms in the industry on September 6, 2002. A bid conference was held
on September 26, and bids were received on October 11, 2002. He said three vendors submitted
proposals. The bids were reviewed between October 11, 2002 through October 25, 2002.
Mr. Kaplan reported that the negotiation team was composed of the following individuals:
Assistant City Manager Ron Massey, Assistant City Manager Mark McDaniel, Assistant Director
of Solid Waste Services Lawrence Mikolajczyk, Acting City Attorney Jay Reining, and Assistant
Director of Engineering Services Kevin Stowers. The proposals were evaluated and scored, and oral
interviews were held with all vendors. He said the committee chose the proposal submitted by
Browning Ferris, Incorporated.
Mr. Kaplan provided a negotiation update, saying that a series of meetings was held to
discuss several options. He said the city negotiated with BFI to operate the landfill, whereas the city
would retain full authority and control. He said the committee developed pro formas to evaluate 21
scenarios, and narrowed them down to three options.
Mr. Kaplan reviewed the current options as follows. In Option 1, the city would laterally
expand the J.C. Elliott landfill, paying for the expansion but contracting with BFI for landfill
operations. In Option 2, the city would negotiate landfill space at El Centro for a period of time after
J.C. Elliott closes, and delay development of the Cefe Valenzuela landfill. He noted that the sale
of the Cefe landfill is an option under this scenario. Finally, in Option 3, the city would construct
and develop the Cefe landfill and transition to its use when the J.C. Elliott landfill closed. Under
all of the options, the city could choose to operate and develop the Elliott or Cefe landfills or
contract with BFI to operate them.
Mr. Kaplan gave more detailed descriptions of each option. He said in Option 1, the
following conditions would apply for the city: city develops and operates the landfill; no guarantee
of BFI tonnage; city sets rate at gate; and no transfer station. He said the following conditions
would apply to BFI in this scenario: city develops while BFI operates and guarantees tonnage; city
sets rate at gate; and no transfer station. He displayed a graph illustrating the estimated loss of
revenues under each scenario, and the fee increase necessary to recoup the lost revenue. Assistant
City Manager Massey noted that the difference between the revenue in the city proposal and the BFI
proposal was that BFI would guarantee tonnage, which would increase revenues. Mr. Kelly asked
why there was a downward trend in the revenues in this scenario. Mr. Massey replied that the
downward trend was due to the projected cost of expanding the J.C. Elliott landfill.
Under Option 2, Mr. Kaplan said the following conditions would apply for the city: develops
and operates transfer station; and no guarantee of BFI tonnage. He said the following conditions
would apply if BFI operates: city develops and BFI operates transfer station and guarantees tonnage;
Minutes - Regular Council Meeting
December 16, 2003 - Page 16
and provides a payment of $125,000 to purchase Cefe. He displayed a graph illustrating the
estimated loss of revenues in this option.
Under Option 3, Mr. Kaplan said the following conditions apply for the city: develops and
operates transfer station; develops and operates Cefe; no guarantee of tonnage; and continue to
operate J.C. Elliott until it closes. He said the following conditions apply if BFI operates: city
develops and BFI operates transfer station, operates Cefe, guarantees tonnage, and operates J.C.
Elliott until it closes. He displayed a graph illustrating the loss of revenues under this scenario.
Mr. Kaplan reviewed a graph depicting the possible fee increases if BFI were to oversee
operations under each option during FY 2004-05, FY 2006-07, and FY 2010-11. Council Member
Scott asked how these increases would translate into a ratio of dollars to customer cost. Mr. Kaplan
replied that staff has considered a proportional increase to both the tipping fee for customers and
residents. Mr. Massey explained that under Option 1 in FY 2004-05, the city's shortfall was
approximately $1.2 million, which translates into a 45 cent increase a month for the residential
customer and $3 per ton for the commercial hauler. He noted that under Option 3, there would be
a bigger up -front increase in FY 2004-05, about a $1.35 increase per month per residential customer
and $9 per ton increase for the commercial hauler. He also said that in addition to the capital costs,
the cost to transfer the tonnage to the Cefe landfill increased the up -front costs.
Mr. Kelly asked if BFI was able to meet their tonnage requirement with pick-ups within the
city. Mr. Kaplan replied that BFI was able to meet tonnage requirements within the city and also
brought additional tonnage from outside the city. Mr. Massey replied that it could be a combination,
since they probably used the landfill that made the most sense from a business standpoint. Mr. Kelly
asked if a contract with BFI would put the city in a competitive disadvantage in the future if there
were other haulers available to come in if BFI were to raise prices. Mr. Kaplan replied that those
terms would need to be negotiated in the contract. Mr. Kelly asked if the city were to negotiate a
contract with BFI, would the city ask for an increase in the guaranteed tonnage over the present
levels. Mr. Kaplan replied that at this point in the negotiations, the city was asking was for the
same amount of tonnage. Mr. Kelly replied that it appeared that the only advantage the city would
see from contracting with BFI would be if they would offer the city additional tonnage and
guaranteed that the city would receive trash from outside the city. Mr. Massey replied that if the city
did not have a put -or -pay contract with BFI, the city could not force them to bring any tonnage that
they picked up from the city limits to the city landfill, unless the city franchised commercial trash
hauling in the city. A discussion ensued over whether the city was trying to recapture operational
costs as opposed to losing volume. Mr. McDaniel stated that the capital expense, not the loss in
revenue, was driving the differential in cost.
Council Member Chesney gave a letter to City Manager Noe with a list of questions. He
asked Mr. Noe to provide a written response and distribute a copy of the response to the Mayor and
Council. He asked Acting City Attorney Reining if the city had the option to be the sole trash
haulers in the city. Mr. Reining responded affirmatively. He asked what kind of revenue stream that
would provide. Mr. Noe replied that staff could develop a scenario reflecting this alternative. Mr.
Chesney expressed concern that the options that staff provided today recommended fee increases
that did not result in more revenues. He felt that other options should be explored.
Council Member Noyola expressed his concern that the city had not planned better for the
Minutes - Regular Council Meeting
December 16, 2003 - Page 17
inevitable closing of the J.C. Elliott Landfill in 2005. Mayor Neal explained that the city had been
discussing a plan to move from the J.C. Elliott landfill to the Cefe landfill since 1997. He said the
Council made the decision to move to Cefe later on, but then decided to explore the option of
expanding J.C. Elliott when El Centro opened more than a year ago. He said the Council has been
awaiting the results of this study to decide whether to expand the Elliott landfill or make the $13
million expense to open Cefe. He said the city had been working on a long-term plan for solid waste
for some time, but a series of unforeseen events had changed the landscape. Mr. Noyola expressed
his concern that the city had acquired Cefe for use as a regional landfill, but now it was not going
to be used that way. City Manager Noe replied that many cities would like to be in the city's
position now because we already had a site that was fully permitted. He said the real issue was one
of finance.
In response to Council Member Scott's question, City Manager Noe said that in the end, if
Cefe is going to be viable long-term, the city needs as much tonnage as possible to support the high
capital cost. He said in staff's opinion, the put -or -pay contracts put the city in the best position to
fund Cefe and pay off capital costs. Mr. Massey noted that the current put -or -pay contracts would
have to be renegotiated if the city opened Cefe because those contracts listed J.C. Elliott as the
landfill. Mr. Massey also said that the Cefe landfill site was not as centrally located as the J.C.
Elliott site.
Mr. Garrett asked if there was a possibility that the city would lose its permit for Cefe if they
delayed a decision on opening it any longer. Acting City Attorney Reining replied that if a current
rule change being discussed in the TCEQ proposing a time limit on permits was to go into effect,
there was a chance that the city could lose its permit. Mr. Reining said that staff believed the
chances were fairly low that this would occur. Mr. Garrett asked if this was cause for concern. Mr.
Noe replied that although staff did not believe that it was likely to occur, staff was concerned about
this possibility, and had taken immediate steps to be represented at the commission. He said staff
will continue to assert its position throughout the process. He said it was important to keep Option
3 on the table because it does preclude that inevitability. Mr. Noe stated that staffs goal all along
has been to secure and retain the amount of tonnage necessary to make the Cefe landfill viable.
Council Member Colmenero asked how much it would cost to close the J.C. Elliott landfill.
Mr. McDaniel replied that it would cost $3.5 million. He asked how much it would cost to open the
Cefe landfill. Mr. McDaniel replied that it would cost $13.5 million. Mr. Colmenero asked how
many acres would be added to the Elliott landfill in Option 1. Mr. Kaplan replied that 80 to 90 acres
would be added. He asked how much this added acreage would add to the lifespan of the Elliott
landfill. Mr. Kaplan replied that it would add approximately 11 years. Mr. Colmenero asked what
the lifespan of the El Centro landfill was. Mr. Kaplan replied that it was approximately 20 to 25
years. Mr. Colmenero recommended that staff consider deferring mulch, brush and construction
debris to other landfills to maintain capacity in the Elliott landfill. Mr. Massey replied that staff's
strategy to date has been to keep every bit of tonnage that the city could charge for into the city's
landfill to minimize lost revenues.
Mr. Kaplan continued with the presentation, providing a graph depicting possible fee
increases if the city were to operate the landfill under the three options. Mr. Massey noted that the
fee increases were higher in these scenarios because the city could not guarantee the tonnage.
Minutes - Regular Council Meeting
December 16, 2003 - Page 18
Mr. Kaplan presented a summary of the pros and cons if the city were to operate the landfill.
He listed the following "pros": city has increased operation efficiency to lower their costs; and the
city retains complete control of the landfill. He then listed the following "cons": city cannot
guarantee tonnage alone; capital and equipment cost funded exclusively by the city; and sole liability
for landfill development and operations.
Mr. Kaplan provided a list of pros and cons if the city were to contract BFI to operate the
landfill. He listed the following "pros": largest landfill operator in Texas; maintains a consistent
tonnage and revenue stream; reduced capital and equipment costs; and shared liability in landfill
development and operations. He then listed the following "cons": local perception with regards to
maintaining a competitive market; long-term contractual commitment with its associated
complexity; and city pays tipping fee in all options.
In conclusion, Mr. Kaplan stated staff was recommending Option 1 for the following
reasons: shortest contract term; lowest decrease in revenues; smaller fee increases over term;
provides for competitive market; and allows for exploring other options in future years. He said
staff was recommending the following additional actions related to this option: increase tonnage in
current permit; pursue permit for J.C. Elliott expansion; finalize contract with BFI; make provisions
for alternative disposal site; and initiate actions to establish transfer station at J.C. Elliott landfill.
Mayor Neal expressed his concern that when the Council discussed the landfill issue several
years ago, they directed staff to bring back these recommendations, but in much more definitive
terms. He said the Council had asked for costs associated with the expansion, and had asked staff
to begin the permitting process to see what it would entail and provide an estimated time frame. He
asked if staff had done this. Mr. Kaplan replied negatively. Mayor Neal expressed his frustration
that the Council did not have the information they needed to make this decision and had lost
valuable time. City Manager Noe replied that the cost estimates had been done. Mayor Neal asked
what the cost estimate was to expand the Elliott landfill. Mr. McDaniel replied the estimate was $12
million. Mayor Neal asked once again if staff had initiated the permitting process for this expansion.
Mr. Massey replied that staff has had preliminary discussions with TCEQ and spoken with outside
counsel about the process. Mr. Reining added that the legal fees would be between $250,000 and
$1 million, and the process would take between 18 months and three years. Mayor reiterated his
concern that the Council had asked staff to take a parallel track a year and half ago to begin to look
at the expansion of the Elliott landfill and begin the process to determine what it would cost to
permit, allowing the Council to make a decision based on cost.
Mayor Neal asked if staff had researched whether the current put -or -pay contracts would
apply if the Elliott landfill was expanded. Mr. Massey replied that it could be argued both ways.
He said the city could argue that as long as it is still operating Elliott, regardless of the expansion,
the contracts still apply. He said the haulers could argue that the intention was for Elliott as it was
originally configured. Mayor Neal again expressed his frustration that this information was not
available, saying that it hindered the Council from making an informed decision. Mr. Massey
replied that his understanding of the Council's wishes regarding the RFP was to include the ability
to expand Elliott. He felt that, short of actually starting the permitting process, staff had collected
estimates on the cost of permitting and estimates from TCEQ on the timeline needed to permit. He
noted that the timeline could vary depending on whether the permit was contested or uncontested.
He said staff had factored in all the costs, both for the expansion of Elliott and the permitting costs,
Minutes - Regular Council Meeting
December 16, 2003 - Page 19
into the pro formas to provide a full range of options, with regard to private operations through BFI
for a guaranteed tonnage or the riskier option of maintaining city operations by extending the put -or -
pay contracts, for the Council's consideration. Mayor Neal replied that the only way the Council
would even consider changing the operation of the landfill from public to public/private venture
would be if it was decided not to extend the life of the Elliott landfill. He said the Council could not
consider paying the cost to extend the life of Elliott, re -permitting it, and maintaining operation of
the landfill site without assurances that the put -or -pay contracts could be extended beyond their
current expiration.
Mayor Neal also expressed his concern that the Council would not know whether the city
would be able to permit the expansion of the Elliott landfill for another two years, only one and a
half years from the estimated closure date of the Elliott landfill. He wondered what would happen
if the city was unable to obtain the permit. He stated that it appeared that the city was no farther
along today in the decision-making process than it was 18 months ago. Mr. Massey replied that
until the city started the permitting process, staff would not know whether the city could get a
permit. He said staff did not begin the permitting process because staff did not think the Council
had directed them to expand the Elliott landfill. Mayor Neal disagreed, saying that he thought it was
very clear that the Council had directed staff to begin a parallel -track to arrive at a decision-making
point. Mayor Neal said he could not provide staff with direction on this issue with the information
that had been provided today.
Council Member Noyola agreed with Mayor Neal. Council Member Kelly asked Mr.
Reining if there was any way to get a declaratory judgement on extending the put -or -pay contracts
with the expansion of the Elliott landfill. Mr. Reining replied that this issue would be better
addressed in executive session.
Council Member Colmenero agreed with the Mayor, saying that the Council needed hard
data within the next five or six weeks to allow the Council to make an informed decision. Council
Member Chesney agreed with the Mayor that there were too many unanswered questions. He was
also concerned about the cost estimates staff had provided regarding expanding the Elliott landfill.
Mayor Neal asked staff to bring back information in mid-January on the associated costs for
the permitting process and the issues related to the put -or -pay contracts so the Council can make an
informed decision.
Mayor Neal called for a brief recess.
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda and opened discussion on Item 34 regarding the Pearl
Harbor Survivor Association initiative to re -name the Harbor Bridge. Mayor Neal stated that he had
been approached by the group several weeks ago to seek his support for the initiative. He noted that
the initiative had been endorsed by several veterans groups. Mayor Neal asked for the Council's
support of this resolution so that the request could be forwarded to the proper authorities, including
the Texas Department of Transportation. Council Member Bill Kelly stated that one of the
organizers, Mr. Leo Vrana, was a personal friend and true gentleman, and he spoke in support of the
resolution. There were no comments from the audience. Council Member Kelly made a motion to
Minutes - Regular Council Meeting
December 16, 2003 - Page 20
endorse the resolution, seconded by Council Member Scott. City Secretary Chapa polled the
Council for their votes as follows:
34. RESOLUTION NO. 025596
Resolution supporting the Pearl Harbor Survivor Association Chapter 5, Corpus Christi,
Texas' request to name the United States 181 highway bridge over the Corpus Christi Ship
Channel as the "Remember Pearl Harbor Memorial Bridge".
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 35 regarding a first reading ordinance that would
allow the Bike Tour Around the Bay Event and similar events to take place. Mayor Neal asked for
public comment. Ms. Gretchen Arnold with Texas A&M University - Corpus Christi provided a
brief presentation on the event. She said the Bike Tour Around the Bay Event was being co-
sponsored by the Texas A&M University Tarpon Foundation and the Corpus Christi Chamber of
Commerce. She said the event was scheduled to take place on Saturday, September 25, 2004 in
conjunction with Bayfest. She said the event will begin and end at the Bayfront Plaza /Visitors
Center area.
Ms. Arnold discussed the two proposed bike routes for the event. She said the 65 -mile route
would begin in the downtown area, go over the Harbor Bridge, through the Ingleside/Portland area,
Aransas Pass, Port Aransas, takes the ferry to the Mustang Island area, down Ocean Drive and
returns downtown. The 25 -mile route would go from the downtown area to NAS -Corpus Christi
and back.
Ms. Arnold provided a brief history on the event. She said one of the goals of the event was
to seek to bring tourist dollars to Corpus Christi. She said the riders and their families, as well as
friends and spectators, would stay in local hotels/motels and dine in local restaurants. She said entry
discounts to area attractions would also be distributed to the participants and their families.
Ms. Arnold said the event would support the city's niche in the tourist market as an "eco -
tourism" destination, similar to other attractions such as Beach to Bay and the Velocity Games,
fishing and birding.
Ms. Arnold provided a number of statistics on the economic impact of the event. She said
the event is expected to have 2,500 riders, each expected to bring an additional spectator to the
event. Based on similar events held in the past, 2,250 of the riders will be from out-of-town. She
said each visitor is expected to stay two days and two nights in a local hotel with a nightly room rate
of $75. Each visitor is also expected to spend approximately $50 a day in the city, and an estimated
90 percent of visitor expenditures will be subject to sales tax. She also provided the following
numbers on anticipated spending in the community: registration fees - $62,500; corporate
sponsorship solicited - $200,000; retail spending by visitors (spectators and riders) - $450,000; and
spending by visitors on accommodations - $337,500. Based on these figures, Ms. Arnold stated that
the total estimated economic impact would be 51,050,000. Ms. Arnold said the proceeds for the
event would benefit the Corpus Christi Chamber of Commerce and the Texas A&M University-
Minutes - Regular Council Meeting
December 16, 2003 - Page 21
Corpus Christi Tarpon Foundation, a scholarship fund for student athletes.
In conclusion, Ms. Arnold said the event organizers were recommending Council approval
of the bicycle event to be held in September 2004, and approval of the event -specific amendment
to the ordinance prohibiting bicycle activity on Harbor Bridge. She said if the Council were to
approve the amendment, the next steps would be to solicit corporate sponsorship, hold a marketing
event and provide a Council update in late Spring 2004.
Mr. Angel Escobar, Director of Engineering Services, added that staff was recommending
the amendment to the ordinance as well. He said staff has worked out the details regarding traffic
safety with both TxDOT, the Police department and traffic engineering staff.
Council Member Scott thanked the police department for their efforts in working with the
event organizers. Mr. Scott asked why this amendment was being recommended on a one-time
basis. Mr. Noe replied that the ordinance was actually crafted to allow for special events with the
approval of the City Engineer and Police Chief. He said the amendment was not specific to this
event only; rather, it was limited to special events in general.
Council Member Kinnison complimented Mr. Mike Bertuzzi and Ms. Arnold for their efforts
in organizing this event. City Secretary Chapa polled the Council for their votes as follows:
35. FIRST READING ORDINANCE
Amending the Code of Ordinances Sections 11-8, Riding on Sidewalks, Pedestrian
Walkways or Portions of New Ship Channel Bridge, by making an exception for approved
special events.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
Mayor Neal opened discussion on Item 36 regarding the Paul Vera zoning case. Mr.
Gunning reported that Mr. Vera's property was in compliance. There was no public comment. Mr.
Noyola asked what the consequences would be if Mr. Vera failed to comply with any of the
requirements of the ordinance at any time from now into the future. Mr. Gunning replied that the
Council had directed staff that if Mr. Vera's property were to fall out of compliance at any point,
the city would take action to close his business down through the new Environmental Court. City
Secretary Chapa polled the Council on their votes as follows:
Minutes - Regular Council Meeting
December 16, 2003 - Page 22
36. ORDINANCE NO. 025597
Ordinance amending the Zoning Ordinance upon application by Paul S. Vera by changing
the zoning map in reference to Laguna Acres, Block 1, Lot 12 and a portion of Lot 11,
(currently zoned "R -IB" One -family Dwelling District and `B-1"/SP Neighborhood
Business District with a special permit) by granting a special permit for an auto repair use
and to correct the building expansion setback subject to a site plan and ten (10) conditions;
amending the comprehensive plan to account for any deviations from the existing
comprehensive plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott,
voting "Aye"; Kelly voting "No".
Mayor Neal opened discussion on Item 37 regarding the minor league baseball team. City
Secretary Chapa announced that Mr. Kelly would be abstaining from the discussion and vote on this
item. City Manager Noe stated that this action would make the non-binding MOU, approved by the
Council on September 30, 2003, a binding document. He said that although significant progress has
been made in drafting the final lease, it will not be ready for execution prior to spending dollars
before actual demolition/construction commences in January. He said as an interim measure, the
approval of the MOU as a binding agreement fulfilled the contract requirement to proceed with the
construction phase of the project. Mr. Noe said the final lease still under development would be
presented for Council consideration prior to the sale of bonds for the project currently scheduled in
February 2004.
Mr. Noe noted that the formal adoption of a lease by the Council takes approximately 90
days, per the city charter. He said staff had checked with bond counsel and Mr. Jeff Leuschell, and
they concurred that this action met with the legal requirements of the ordinance. Assistant City
Manager Mark McDaniel pointed out an amendment on the draft MOU, under Item 2 - Purpose of
this Agreement, where a date needed to be changed from "April 1, 2004" to "January 31, 2004". He
said this would be the date by which the city would finalize the lease agreements with RSR Sports,
Inc. as the City Manager had mentioned.
Mayor Neal asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, asked how much
the city would lose during the first year of operations for the baseball stadium. Mr. Noe replied that
the city would lose nothing. He explained that the lease agreement arranged a rent payment to the
city of $50,000, and the city had no stake in profits or losses. Mr. McDaniel added that by January
31, a cash-flow analysis indicated that it would be under $500,000.
Council Member Chesney noted that by approving this item, the Council was keeping their
promise to the voters that the city would not spend any construction dollars until the city had a
signed deal with RSR Sports, Incorporated to bring baseball to Corpus Christi. Mr. Chesney made
a motion to amend the motion as recommended by Mr. McDaniel earlier, seconded by Mr.
Colmenero, and it passed. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 16, 2003 - Page 23
37. MOTION NO. 2003-452
Motion authorizing the City Manager to execute a binding agreement with RSR Sports, Inc.,
of Round Rock, Texas relating to the location and operation of a minor league baseball team
in the City.
The foregoing motion was passed and approved as amended with the following vote: Neal,
Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly
abstained.
Mayor Neal opened discussion on Item 38 regarding a Lease of Port property for the baseball
stadium. Mr. Chapa announced that Mr. Scott and Mr. Kelly would be abstaining from the vote and
discussion on this item. City Manager Noe said the Council's action would authorize him to execute
the actual land transaction purchasing the property for the stadium site. He said the terms and
conditions of the lease would include either an annual payment over thirty years of $90,000 or a
lump sum payment up front. He said the agreement also provided that the Port would lease the city
the adjacent parking spaces, and the city would sublease them to RSR Sports, Incorporated. There
were no comments from the audience. City Secretary Chapa polled the Council for their votes as
follows:
38. MOTION NO. 2003-453
Motion authorizing the City Manager to execute a Contract of Purchase and Lease of Port
property with the Port of Corpus Christi Authority for the City of Corpus Christi baseball
stadium and related parking spaces, subject to the certification of funds.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, and Noyola, voting "Aye"; Kelly and Scott
abstained.
Mayor Neal opened discussion on Item 39 regarding a contract with Gunther -Nash,
Incorporated for the seawall reconstruction project. Mr. Jeff Massengill with Shiner Moseley
explained that Gunther -Nash Inc. had an affiliation with CCC group. He said Shiner Moseley met
with representatives from Gunther -Nash Inc. and were recommending approval. Mayor Neal asked
if the city was still under budget on the first two phases of the seawall. Mr. Escobar answered
affirmatively. Mayor Neal asked if the work on this section of the seawall would re-route traffic
and, if so, when it would begin. Mr. Escobar replied affirmatively, saying that the first segment to
be re-routed would take place in February 2004 to prepare for construction in March 2004.
Mayor Neal asked if any savings achieved on the project could be used to make
improvements on the bayfront. City Manager Noe replied that the funds are limited to seawall -
related work. In the past, Mr. Noe said that bond counsel has required the city to demonstrate that
any expenditures were related to the structural value of the facility or other amenities related to the
project. He also said that if the savings were significant, those funds could be used to pay debt off
early. There was no public comment. In response to Mr. Scott's question, City Manager Noe
replied that staff's goal was to have McGee Beach in presentable order by Spring Break. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 16, 2003 - Page 24
39. MOTION NO. 2003-454
Motion authorizing the City Manager or his designee to execute a construction contract with
Gunther -Nash, Inc., of St. Louis, Missouri in the amount of $9,900,080.58 for the Seawall
Reconstruction Project Contract B-2, Part B Power Street Outfall to Peoples Street.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 40 regarding the convention center expansion. Mr.
Kevin Stowers, Assistant Director of Engineering, explained that this was a change order consisting
of a number of items. He said the following three major issues represented the bulk of the change
order: new Rooftop Air Handling Units; revised conform set of construction drawings to provide
additional structural steel; and provision of tube steel and structural steel framing. He said said the
total cost for these three items was $607,599. The total change order cost was $872,818. He said
there have been very few change orders on this project to date. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
40. MOTION NO. 2003-455
Motion authorizing the City Manager or his designee to execute Change Order No. 7 with
Moorhouse/Beecroft, Joint Venture, LLC, of Corpus Christi, Texas in the amount of
$872,818 for various mechanical, structural, and other modifications for the Convention
Center.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 41 regarding a change order for the arena project.
Mr. Stowers reported that the change order addressed a number of items, but mainly consisted of
two major issues. First, a group of electrical modifications were needed associated with Vomitory
aisle lighting. Second, a mechanical modification was necessary to provide fire dampers to the
facility. He said the architect and the project manager had been very thorough about ensuring that
the costs were legitimate and fair. There were no comments from the audience. City Secretary
Chapa polled the Council for their votes as follows:
41. MOTION NO. 2003-456
Motion authorizing the City Manager or his designee to execute Change Order No. 6 with
Fulton Coastcon, Joint Venture, of Corpus Christi, Texas in the amount of $132,190 for
various mechanical modifications for the Multi -Purpose Arena.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
Mayor Neal opened discussion on Item 42 regarding the Pope Park Master Plan. There were
no comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 16, 2003 - Page 25
42. MOTION NO. 2003-457
Motion to amend the Pope Park Master Plan that was approved by City Council on
September 9, 2002, by including construction of a basketball court and removal of a baseball
backstop.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 43 regarding funding for arts and cultural
organizations from the Hotel Occupancy Tax Fund. Mayor Neal asked for public comment. Mr.
Brad Condit, President of the Corpus Christi Ballet, disagreed with the Arts & Cultural
Commission's decision to deny his organization the opportunity to submit an application for
funding. He appealed the Council to direct the Arts & Cultural Commission to consider their
application. Mr. Chuck Anastos, former Chairman of the Arts & Cultural Commission, replied that
the commission denied the Corpus Christi Ballet's funding request because their completion report
for the previous year was four days late. Mr. Anastos stated that the commission had a set of
guidelines they used to ensure that the funding process was fair and equitable. He said the Corpus
Christi Ballet simply did not follow the required guidelines. City Secretary Chapa polled the
Council for their votes as follows:
43. MOTION NO. 2003-458
Motion approving the allocation of $71,500 from the Hotel Occupancy Tax Fund and
$21,000 from the General Fund to fund a total of 18 arts and cultural organizations. Funding
is authorized in the FY 2003-2004 budget.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
Mayor Neal opened discussion on Item 44 regarding the Bayfront Master Plan. City
Manager Noe explained the Items 44a -f would achieve the following actions: agreements with each
of the city's partner agencies on the Bayfront Master Plan project; appropriates the funds for this
purpose; and authorizes the execution of an amendment to the city's current contract with TVS,
Gignac and Company to undertake the master plan project. He asked Mr. Raymond Gignac to
discuss the plan to obtain public input on the project. Mr. Gignac said the design team was sensitive
to the need for public input on this project. He said there would be three scheduled events to
coincide with the three phases of the project - data gathering, initial designs and design refinements -
to encourage public comment, including important stakeholders. He said websites would also be
set up to obtain input. Mayor Neal asked what the time frame for this process would be. Mr.
Gignac replied that upon Council approval today, they would begin the process right after the
beginning of the year, and would last for several months. City Manager Noe added that he has asked
the team to finish the process by the May/June time frame, in case the Council wanted to consider
any portion of the project for Bond 2000. There were no comments from the audience.
Council Member Kinnison stated that he would like to have the public input process
explained in more detail in January 2004. He recently attended a session at a conference dealing
Minutes - Regular Council Meeting
December 16, 2003 - Page 26
with civic involvement, and he said the message he took away from it was that public hearings were
not enough. He said it was necessary to do whatever it took to obtain public input, including going
to malls and providing surveys. He said it was important to target different populations through
different methods. Mr. Gignac replied that staff and the design team had discussed developing a
survey to obtain feedback. Mr. Kinnison stated that he wanted to be able to show that the process
used was comprehensive. City Manager Noe replied that staff and the team were designing the input
process to that end.
Council Member Scott asked staff to provide Mr. Gignac and the design team with copies
of previous plans for the bayfront, including the Veteto plan and the Mud Gulch plan by Mr. Larry
Urban and Mr. Scott Johnson, the pedestrian pathways plan by Mr. Scott Johnson, and the Harbor
Place plan by the Chamber of Commerce.
Council Members Chesney and Noyola noted that Mr. Gignac was a local participant and
partner in the project. City Secretary Chapa polled the Council for their votes as follows:
44.a. RESOLUTION NO. 025598
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Regional Transportation Authority in the amount of
$20,000 for the Bayfront Master Plan.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
44.b. RESOLUTION NO. 025599
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Downtown Management District in the amount of $20,000
for the Bayfront Master Plan.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
44.c. RESOLUTION NO. 025600
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Metropolitan Planning Organization in the amount of
$20,000 for the Bayfront Master Plan.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
December 16, 2003 - Page 27
44.d. RESOLUTION NO. 025601
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Port of Corpus Christi Authority in the amount of $20,000
for the Bayfront Master Plan.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
44.e. ORDINANCE NO. 025602
Ordinance appropriating $20,000 from the Regional Transportation Authority, $20,000 from
the Downtown Management District, and $20,000 from the Metropolitan Planning
Organization into the Park Capital Improvement Program Fund No. 3280 for the Bayfront
Master Plan; and amending the Capital Budget FY 2002-2003 adopted by Ordinance No.
025144 to increase appropriations by $60,000.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
44.f. MOTION NO. 2003-459
Motion authorizing the City Manager or his designee to execute Amendment No. 4 with
Thompson Ventulett and Stainback and Associates, Inc., of Atlanta, Georgia in the amount
of $100,000 for planning services associated with the development of a Bayfront Master
Plan.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 45 regarding the approval of plats within the
extraterritorial jurisdiction (ETJ) of the city. City Manager Noe stated that the following items
would authorize the city to provide for centralized and coordinated platting of properties in San
Patricio and Kleberg Counties in the city's ETJ. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
45.a. RESOLUTION NO. 025603
Resolution authorizing the Mayor or his designee to execute an interlocal cooperation
agreement with San Patricio County relating to the approval of plats within the
extraterritorial jurisdiction of the City of Corpus Christi.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
December 16, 2003 - Page 28
45.b. RESOLUTION NO. 025604
Resolution authorizing the Mayor or his designee to execute an interlocal cooperation
agreement with Kleberg County relating to the approval of plats within the extraterritorial
jurisdiction of the City of Corpus Christi.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 46 regarding litigation with Gulfterra Energy
Partners. Assistant City Manager Jorge Cruz-Aedo explained that the first item resolved the long-
standing dispute the city has had with Gulfterra and established the framework for implementing the
uniform charges for use of city right-of-way and property. He said the implementation of the
ordinance on one reading acknowledges payment from the company for $3 million, which was
received today. He said the second item amended Section 55-3 of the code to incorporate the
requirements to the ordinance into the ordinance itself. There were no comments from the audience.
Mayor Neal thanked Mr. Jimmy Bray, former City Attorney, for his assistance on this case. City
Secretary Chapa polled the Council for their votes as follows:
46.a. ORDINANCE NO. 025605
Ordinance approving the License Agreement between the City of Corpus Christi and
Gulfterra Energy Partners, L.P. settling claims of the City for past use of City rights-of-way
and property by Gulfterra and its predecessors; granting to Gulfterra the right to use certain
City rights-of-way and property for pipelines transmitting natural gas, natural gas liquids,
and other petroleum products for a term of ten years with one ten-year renewal term;
establishing the charges for such use of public property; providing for equitable fees;
providing for protection of City rights-of-way, property, and interests; providing for related
matters; and superseding and revoking prior agreements.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
46.b. ORDINANCE NO. 025606
Ordinance amending Section 55-3 of the Code of Ordinances of the City of Corpus Christi
regarding the requirement of consent of the City for natural gas pipelines and conveyance
of natural gas using the City rights-of-way or property and serving customers within the
City; providing for penalties; and providing for severability.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
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Minutes - Regular Council Meeting
December 16, 2003 - Page 29
Mayor Neal called for petitions from the audience. Mr. J.E. O'Brien, 4130 Pompano, spoke
regarding the city's lack of implementation of aspects of Proposition 13, saying that the Taxpayers
Association was starting a petition to bring the issue to a vote.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. City Manager Noe announced that Mr.
Craig E. Clark has been appointed as the Corpus Christi District Engineer by the Texas Department
of Transportation, effective January 1, 2004. He will be replacing Mr. David Casteel.
Mayor Neal called for Council concerns and reports. Mayor Neal wished everyone a Happy
Holiday season.
Mr. Garrett also wished everyone a happy and safe holiday.
Mr. Chesney congratulated Officer Manzano because his son was sworn -in as a member of
the Corpus Christi police force. He also recognized Mr. Eddie Galvan because the Miller Band Hall
was renamed in his honor. He thanked the police officers and firemen who participated in the Guns
n' Hoses charity event. He congratulated Mr. Lee Gwozdz for the success of the holiday symphony
event. He also mentioned that the pee wee football he sponsored had defeated Mr. Scott's pee wee
football team. Finally, he wished staff and the community a happy holiday season.
Mr. Noyola also congratulated Officer Manzano. He said he was notified that the area near
Tiger Lane and Carroll Lane was ineligible for speed humps because it was a collector street. He
asked Mr. Noe to see about heightening police surveillance of the area to discourage speeding. He
also wished everyone a safe and happy holiday.
Mr. Colmenero congratulated staff for the success of the latest neighborhood clean-up effort.
He wished staff and the community a happy holiday season.
Mr. Kelly thanked staff for their prompt attention to the problem with pit bulls in the
northwest area. He noted that another fatal accident had occurred on Northwest Boulevard. He
asked staff to monitor the county's progress on constructing County Road 52 as well as any efforts
by TxDOT to alleviate the problem. He wished everyone a Happy Holidays.
Mr. Scott wished everyone a happy holiday season. He said that in retrospect, 2003 had its
share of accomplishments, including Packery Channel, the All -America City award, and the
continuing elevation of the JFK Causeway. He thanked City Manager Noe and staff for their efforts
in making these things happen. He asked everyone to feel good about their community. He said the
One -Stop Shop had improved so much in 2003, and he was looking forward to further improvement.
Ms. Cooper announced that the next town hall meeting would be held in the West Oso area
on Monday, January 5. She mentioned that she and Council Member Kelly had attended the
groundbreaking ceremony for the Old County Courthouse renovation. She wished staff and the
citizens a very Happy Holidays and looked forward to next year.
Mr. Kinnison thanked staff for a good year, and said he looked forward to facing the
Minutes - Regular Council Meeting
December 16, 2003 - Page 30
challenges from next year. In reference to Mr. O'Brien's comments during public comment, he said
he looked forward to informing the public in January about who actually benefits from Proposition
13.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 2:45 p.m. on December 16, 2003.
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