HomeMy WebLinkAboutMinutes City Council - 06/08/20041 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 June 8, 2004, which were approved by the
City Council on June 15, 2004.
WITNESSETH MY HAND AND SEAL, on this the 15'h day of June 2004.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 8, 2004 - 10:00 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex Kinnison
Council Members:
Brent Chesney (Arrived at 10:05 a.m.)
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Reverend E.F. Bennett and the Pledge of Allegiance to the United
States flag was led by Council Member Garrett. 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 May
25, 2004. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and the following board appointments were made:
Civil Service Board/Commission
Cydney Farrar (Reappointed)
Commission on Children & Youth
Captain Janie Suarez (Appointed)
Amanda Stukenberg (Appointed)
Brian Silva (Appointed)
Drew Reining (Reappointed)
C.C. Regional Transportation Authority
John Buckley (Reappointed)
Crystal Lyons (Appointed)
Roland Barrera (Reappointed)
John Longoria (Appointed)
Davie Cissna (Appointed)
Food Service Advisory Committee
Suzanne Gilliam (Reappointed)
Henri Mae Tillis (Appointed)
Minutes - Regular Council Meeting
June 8, 2004 - Page 2
Mayor Neal called for consideration of the consent agenda (Items 3-21). City Secretary
Chapa announced that Council Member Kelly was abstaining from the discussion and vote on Items
17 and 18, and Council Member Noyola was abstaining from the discussion and vote on Item 21.
Mayor Neal called for public comment. Mr. John Alford and Mr. Robert Garcia requested that Item
3 be discussed. Mr. Bill Kopecky requested that Item 7 be discussed. Council members requested
that Items 13 and 19 be discussed. A motion was made and passed to approve Items 3 through 21,
constituting the consent agenda, except for Items 3, 7, 13, and 19, which were pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
4.a. MOTION NO. 2004-209
Motion approving a supply agreement with SBC Global Services, Inc., of Corpus Christi,
Texas for local telephone service, long distance telephone service and intemet services based
on Request for Proposal No. BI -0139-03 for an estimated three year expenditure of
$729,802.38 of which $40,709.41 is budgeted for the remainder of FY 2003-2004. The term
of the agreement is three years with an option to extend the contract for up to two additional
twelve-month periods subject to the approval of the contractor and the City Manager or his
designee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4.b. MOTION NO. 2004-210
Motion approving a supply agreement with SBC Global Services, Inc., of Corpus Christi,
Texas for data connection services based on the Cooperative Purchasing Agreement with the
State of Texas for an estimated two year expenditure of $92,640 of which $7,720 is budgeted
for the remainder of FY 2003-2004. The term of the agreement is for two years with an
option to extend the contract for up to three additional twelve-month periods subject to the
approval of the contractor and the City Manager or his designee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
5.a. RESOLUTION NO. 025776
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of Transportation for an Impaired Driving Mobilization Selective Traffic
Enforcement Project (STEP) grant for DWI enforcement within the Police Department and
to execute all related documents.
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
June 8, 2004 - Page 3
5.b. ORDINANCE NO. 025777
Ordinance appropriating $25,000 from the Texas Department of Transportation for funding
of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for
DWI enforcement overtime within the Police Department in the No. 1061 Police Grants
Fund.
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".
6.a. RESOLUTION NO. 025778
Resolution authorizing the City Manager or his designee to accept an amendment for a grant
increase in the amount of $70,632 to grant contract No. 470-04004 with the Texas State
Library and Archives Commission to augment funds to allow the purchase of library
materials for fifty-two (52) member libraries and to continue basic operations of the South
Texas Library System.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
6.b. ORDINANCE NO. 025779
Ordinance appropriating an additional $70,632 in an amendment to contract No. 470-04004
from the Texas State Library and Archives Commission in the No. 1068 Libraries Grant
Fund to augment funds to allow the purchase of library materials for fifty-two (52) member
libraries and to continue basic operations of the South Texas Library System.
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".
8. MOTION NO. 2004-214
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in
the amount of $107,650, for a total restated fee of $229,850 for the Area Street and Drainage
Improvements along the following streets: (bounded by Sunnybrook, Evelyn, Gollihar, and
Kostoryz)
Helen - Stage 2, Phase 2B
Theresa - Stage 2, Phase 2B
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 8, 2004 - Page 4
9. MOTION NO. 2004-215
Motion authorizing the City Manager or his designee to execute a construction contract with
Garrett Construction, of Ingleside, Texas in the amount of $514,130.60 for the Lake View
Drive Drainage Improvements project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
10.a. ORDINANCE NO. 025780
Ordinance appropriating $337,626.46 from the unappropriated bond proceeds and
unappropriated interest earnings in Water 1994 Capital Improvement Program Fund No.
4081 for the North Navigation Pumping Plant Contract No. 3 - 36" Diameter Water
Transmission Main; amending Capital Budget adopted by Ordinance No. 025647 by
increasing appropriations by $337,626.46.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
10.b. MOTION NO. 2004-216
Motion authorizing the City Manager or his designee to execute Change Order No. 8 with
Jalco, Inc., of Houston, Texas in the amount of $376,541 for the North Navigation Boulevard
Pumping Plant Contract No. 3 - 36" Diameter Water Transmission Main (North Navigation
Boulevard Pumping Plant to Caldwell Street Pumping Plant).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
11. MOTION NO. 2004-217
Motion authorizing the City Manager or his designee to execute a Utility Easement
Instrument with Frank T. Shumate, Jr. for Parcel 402B, in the total amount of $30,000,
necessary for the Southside Water Transmission Main, Phase 4, Project 8390, and for other
municipal purposes.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 8, 2004 - Page 5
12. MOTION NO. 2004-218
Motion authorizing the City Manager or his designee to execute a Utility Easement
Instrument with Patricia Ray Peterson Nuss and Christy Ann Peterson Brown for Parcel 443,
in the total amount of $87,659, necessary for the Southside Water Transmission Main, Phase
4a, Project 8425 and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
14. ORDINANCE NO. 025782
Ordinance appropriating $2,981,691.76 in unappropriated bond proceeds in Fund No. 3430
Wastewater Capital Improvement Program to fund various approved wastewater capital
projects; amending Capital Budget adopted by Ordinance No. 025647 by increasing
appropriations by $2,981,691.76.
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".
15. MOTION NO. 2004-220
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to a
construction contract with Ramos Industries, of Pasadena, Texas in the amount of $75,984
for 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, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
16. MOTION NO. 2004-221
Motion authorizing the City Manager or his designee to execute Amendment No. 1 for
engineering services with LNV Engineering, of Corpus Christi, Texas for a total fee not to
exceed $361,816 for the Water System Interactive Hydraulic Model and Analysis Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 8, 2004 - Page 6
17. MOTION NO. 2004-222
Motion authorizing the City Manager or his designee to execute Change Order No. 10 for
the Multi -Purpose Arena in the amount of $93,457 with Fulton Coastcon, Joint Venture, of
Corpus Christi, Texas for various architectural, electrical, mechanical and structural
modifications.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
18. MOTION NO. 2004-223
Motion authorizing the City Manager or his designee to execute Change Order No. 9 with
Moorhouse/Beecroft, Joint Venture, LLC, of Corpus Christi, Texas in the amount of
$281,478 for the Convention Center Expansion and Rehabilitation for various architectural,
electrical, mechanical, structural and other modifications.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
20. ORDINANCE NO. 025784
Ordinance abandoning and vacating a 2,682 -square foot portion of a 10 -foot wide utility
easement out of Lots 24-25, Block 5, Saxet Heights No. 2 and Lot 1, Saxet Community
Center Annex "A"; requiring the owner, Corpus Christi Independent School District, to
comply with the specified conditions and replat the property within 180 days at owner's
expense.
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".
21. ORDINANCE NO. 025785
Amending the Code of Ordinances, Chapter 9, Aviation, Section 9-32, Trespass Upon
Runways, Ramps, Taxiways, etc; providing for criminal penalties; and establishing an
effective date. (First Reading 05/25/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye";
Noyola abstained.
Mayor Neal opened discussion on Item 3 regarding a supply agreement for lubricating oils,
greases, and antifreeze for city vehicles. Mr. John Alford with Arguindegui Oil Company and Mr.
Robert Garcia with Arnold Oil Company spoke against the bid awards for the lubricant portion of
the bid because their companies could provide more cost savings. Director of Maintenance Services
Jim Davis replied that the issue was the interval for oil changes and the type of oil being used in city
Minutes - Regular Council Meeting
June 8, 2004 - Page 7
vehicles. City Manager Noe added that the Mr. Alford and Mr. Garcia were proposing to achieve
the cost savings primarily by extending the interval between oil changes, and the city was not
comfortable with this proposal. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2004-208
Motion approving supply agreements for lubricating oils, greases and antifreeze in
accordance with Bid Invitation No. B1-0051-04, with the following companies for the
following amounts. Awards are based on low bid and low bid meeting specifications for an
estimated annual expenditure of $92,574.48 of which $15,429.08 is budgeted in FY 2003-
2004. The term of the agreement shall be for twelve months with an option to extend for up
to two additional twelve-month periods subject to the approval of the suppliers and the City
Manager or his designee. Funds have been budgeted by using departments in FY 2003-
2004.
Arnold Oil Company, Inc.
Corpus Christi, TX
Groups: 4.0, 5.0, 6.0,
9.0, 11.0 and 13.0
$44,839.20
Arguindegui Oil Co. II LTD.
Corpus Christi, TX
Group: 7.0
$8,304
Grand Total: $92,574.48
Oil Patch Petroleum, Inc.
Corpus Christi, TX
Groups: 3.0, 8.0, 10.0
14.0 and 15.0
$28,308
Leyendecker Oil, Inc.
Corpus Christi, TX
Groups: 1.0, 2.0 and 12.0
$11,123.28
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott voting "No".
Mayor Neal opened discussion on Item 7 regarding the Northside/Port area infrastructure
improvements project. Mr. Bill Kopecky, 3609 Topeka, expressed his concern that this project was
was supporting the arena and baseball stadium projects, yet was not included in the arena and
baseball stadium project costs. He said in the future, the voters should be informed of the actual
project costs. City Secretary Chapa polled the Council for their votes as follows:
7.a. MOTION NO. 2004-211
Motion authorizing the City Manager or his designee to execute a Construction Contract
with Jalco, Inc., of Houston, Texas in the amount of $5,355,307.30 for the Northside/Port
Area Infrastructure Improvements.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 8, 2004 - Page 8
7.b. MOTION NO. 2004-212
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to a
Construction Contract with Jalco, Inc., of I louston, Texas in the amount of $317,479.10 for
the Northside/Port Area Infrastructure Improvements.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
7.c. MOTION NO. 2004-213
Motion authorizing the City Manager or his designee to execute an Inspection Services
Contract with Goldston Engineering, Inc., of Corpus Christi, Texas in an amount not to
exceed $260,000 for the Northside/Port Area Infrastructure Improvements and Resaca Lift
Station and 48" Wastewater Gravity Line projects.
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 13 regarding a change order for the Padre Island
pumping station improvement project. Council Member Scott asked for a report on this project. Mr.
Jon Heckler with Carrollo Engineers stated that this change order was a continuation of the near-
term improvements for water service to Padre Island. He asked Mr. Dan Leyendecker with LNV,
Incorporated to provide more information.
Mr. Leyendecker briefly reviewed the recommended changes to the project, stating that the
Texas Commission on Environmental Quality (TCEQ) was now requiring two pumps for
redundancy purposes. He noted that the current pump station capacity was 1.6 mgd, but the
additional pump would increase the capacity to 12 mgd. He emphasized, however, that the pumps
would only address water pressure needs, not supply capacity, which must still be addressed with
other projects.
Mr. Leyendecker reported that the goal was to have one pump operational by June 30, 2004.
He said the team felt, however, that this goal would not be possible with the current equipment, so
a change order was necessary. Mr. Leyendecker stated that the construction completion date for
all Padre Island pump station construction was September 15, 2004. He said a temporary pumping
system would be used until the proposed improvements were complete. Council members then
asked a number of questions. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
June 8, 2004 - Page 9
13.a. ORDINANCE NO. 025781
Ordinance appropriating $1,857,606.51 from unappropriated bond proceeds and
unappropriated interest earnings in Water 1995 Capital Improvement Program Fund No.
4082 for the Padre Island Pumping Plant Improvements project; amending Capital Budget
adopted by Ordinance No. 025647 by increasing appropriations by $1,857,606.51.
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".
13.b. MOTION NO. 2004-219
Motion authorizing the City Manager or his designee to execute Change Order No. 6 with
Laughlin -Thyssen, Inc. of Houston, Texas in the amount of $1,816,491.94 for the Padre
Island Pumping Plant Improvement project.
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 19 regarding the beach festival permit for "C
Sculptures". Council Member Scott asked what measures the city was taking to enforce the anti-
littering ordinance. Mr. Matt Larden, General Manager for C-101 radio station, provided a report
on their station's efforts to encourage attendees not to litter. First, he played an anti -littering
commercial that was running on the air. Then he introduced Mr. Dan Rios, also with C-101, who
reported on a number of other efforts as follows: providing attendees with free trash bags and a trash
station; a trash collection contest; and volunteer teams collecting trash on the Monday and Tuesday
following the event. He also invited the Council to attend a VIP party for the event on Thursday at
8:00 p.m. at the Havana Club. City Secretary Chapa polled the Council for their votes as follows:
19. ORDINANCE NO. 025783
Ordinance authorizing the issuance of a beach festival permit to Clear Channel
Communications, Inc. for "C Sculptures," on the Gulf Beach at Newport Pass County Park.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Minutes - Regular Council Meeting
June 8, 2004 - Page 10
Case No. 0504-01, Robert D. Dickson, Jr.: A change of zoning from a "R -1B" One -family
Dwelling District to an "1-2" Light industrial District. The property is in Noakes Partition,
being 4.90 acres out of Tract 4, located on the north side of Up River Road (Interstate
Highway 37), approximately 400 feet west of Violet Road.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the "I-2" Light Industrial District, and in lieu thereof, approval of a "B-4" General Business District
with a Special Permit for warehouses and limited outside storage subject to a site plan and four (4)
conditions.
No one appeared in opposition to the zoning change. Mayor Neal asked if the applicant was
in agreement with the Planning Commission and staffs recommendations. Assistant Director of
Development Services Michael Gunning replied affirmatively. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes
as follows:
22. ORDINANCE NO. 025786
Amending the Zoning Ordinance, upon application by Robert D. Dickson, Jr., by changing
the zoning map in reference to 4.90 acres out of Tract 4, Noakes Partition from "R -1B" One -
family Dwelling District to "B-4" General Business District with a Special Permit for
warehouses and limited outside storage subject to a site plan and four (4) conditions;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0504-02 Farrell M. Smith: A change of zoning from an "I-2" Light -Industrial
District to an "I-3" Heavy Industrial District. The property is in H. B. Shepard Farm Lots,
being 10 acres out of Lot 9, located along Bronco Road and 3,050 feet north of State
Highway 44.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the "I-3" Heavy Industrial District, and in lieu thereof, approval of an "I-2" Light -Industrial District
with a Special Permit for an asphalt concrete mixing plant with aboveground fuel tanks and storage,
subject to a site plan and four (4) conditions.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
June 8, 2004 - Page 11
23. ORDINANCE NO. 025787
Amending the Zoning Ordinance, upon application by Farrell M. Smith, by changing the
zoning map in reference to H. B. Shepard Farm Lots, being 10 acres out of Lot 9, (currently
zoned "1-2" Light -Industrial District) by granting a Special Permit for an asphalt concrete
mixing plant with aboveground fuel tanks and storage, subject to a site plan and four (4)
conditions; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the
public hearing on the FY 2004-2005 budget adopted by the Crime Control and Prevention District
Board of Directors. There were no comments from the audience. Mr. Noyola made a motion to
close the public hearing, seconded by Mr. Chesney, and passed.
Mr. Kinnison asked if there had been any difficulty keeping city marshal positions filled.
Ms. Mariah Boone with the Juvenile Assessment Center replied affirmatively, saying that it had
been difficult to find individuals who meet their qualifications. Commander Bryan Smith added that
there was a limited pool of qualified applicants, and there were various agencies vying for
candidates.
* * * * * * * * * * * * *
Mayor Neal referred to the presentation on the day's agenda, an overview of Flicks in the
City, a joint venture between the city, Corpus Christi Focus, an independent organization interested
in the development of downtown, and the Downtown Management District (DMD). Ms. Kendra
Kinnison with Corpus Christi Focus stated that the purpose of the project was to bring new
audiences to the downtown area to enjoy family entertainment. The entertainment would include
free outdoor movies projected on the old Ward's building (on the corner of Chaparral and Schatzel
Streets), music by local bands, a children's area, and concessions. Ms. Kinnison stated there were
six events scheduled during the summer, each built around a specific theme.
Ms. Kinnison provided a partial list of sponsors for the events. She also thanked the city,
especially the park and recreation department, and Mr. J.J. Goetsch with the Corpus Christi Hooks,
for their assistance. She also reviewed a diagram of the event layout
Ms. Kinnison reported that the inaugural event was scheduled on June 12, featuring a
baseball theme and movie, music by Tracie Lynn, kids activities, and a raffle for a Nolan Ryan
baseball.
Finally, Ms. Kinnison discussed their marketing efforts. She said the group was focusing
its efforts on effective marketing through commercials, radio spots, ticket flyers, posters, and
newspaper and visitor guide ads
Mayor Neal suggested making arrangements for off-site parking because the program had
Minutes - Regular Council Meeting
June 8, 2004 - Page 12
been extremely successful in other cities, and he felt it would also be popular here. Ms. Kinnison
replied that the group was negotiating with the owners of two adjacent parking garages to provide
parking and, depending on the demand, would also discuss off-site parking with the Regional
Transportation Authority. Mayor Neal spoke in support of the project and thanked Ms. Kinnison
and her group for their efforts. City Manager Noe thanked Assistant City Manager Margie Rose and
the park and recreation staff for their efforts as well.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 26, a architectural and engineering services contract
for a number of airport improvement projects. City Secretary Chapa announced that Council
Member Noyola was abstaining from the vote and discussion on this item. Assistant Director of
Engineering Services Kevin Stowers reported that the city had used a multi-year engineering
contract to take advantage of year-end FAA discretionary funds. He said the FAA required that the
contract be awarded and the funds encumbered in a short period of time. Thus, he said the time
constraints required the city to have a consultant already under contract to proceed with such
projects as funding becomes available.
Mr. Stowers said proposals were received from six teams, which were subsequently
narrowed down to four teams for review by the selection committee. Of the four teams, he said that
Pierce Goodwin Alexander & Linville (PGAL) were ranked as having the best qualifications by the
selection committee.
Mr. Stowers reported that the four initial projects to be bid during FY 2004-2005 were as
follows: Runway 13/31 rehabilitation, blast pads, and shoulders improvements; airfield drainage
improvements, Phase 3; Runway 13 localizer relocation; and CCIA master plan update.
Mayor Neal asked for a status report on the covered parking project. Mr. Stowers answered
that staff was in the final stages of obtaining the necessary insurance certificate from the insurance
agent. He said there had been a delay, but once the certificate was received, a pre -construction
meeting could be held. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
26. MOTION NO. 2004-224
Motion authorizing the City Manager or his designee to execute an
Architectural/Engineering Services Contract with Pierce, Goodwin, Alexander and Linville
(PGAL), Inc., of Dallas, Texas in an amount not to exceed $1,375,025 for multiple Airport
Improvement Projects including Runway 13/31 Rehabilitation, Overlay, Blast Pads,
Shoulders and Edge Lighting; Airfield Drainage Improvements Phase 3; Runway 13
Localizer Relocation; and the Corpus Christi International Airport Master Plan Update.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, and Scott, voting "Aye"; Kinnison was absent; Noyola
abstained.
Mayor Neal opened discussion on Items 27 and 28 regarding the issuance of Certificates of
Minutes - Regular Council Meeting
June 8, 2004 - Page 13
Obligation for the landfill project. City Manager Noe explained that Item 27 would authorize a sale
of up to $7.5 million in Certificates of Obligation (Cos) to continue with the landfill program,
predominantly for construction at J.C. Elliott landfill and the opening of Cefe Valenzuela landfill.
He said Item 28 would authorize the issuance of $30 million of general improvement refunding
bonds to accomplish savings in interest expense. He asked Mr. Jeff Leuschel, bond counsel, to
provide further information. Mr. Leuschel added that Item 27 was a requirement of state law that
the city provide a Notice of Intent to issue the Certificates of Obligation sale schedule three weeks
from today. He said the ordinance was similarly structured to others the Council had approved in
the past.
As an aside, Mayor Neal thanked Mr. Leuschel for his assistance with a legal issue involving
the Texas Military Planning Commission. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
27. RESOLUTION NO. 025788
Resolution by the City Council of the City of Corpus Christi, Texas, directing publication
of notice of intention to issue Combination Tax and Revenue Certificates of Obligation,
Series 2004; and resolving other matters relating to the subject.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
28. ORDINANCE NO. 025789
Ordinance providing for the issuance of the General Improvement Refunding Bonds, Series
2004, of the City of Corpus Christi, Texas in an amount not to exceed thirty million dollars
($30,000,000); establishing parameters regarding the sale of the bonds ; approving the
execution of a bond purchase contract and an escrow agreement; and all other matters related
thereto; and providing that this ordinance shall be in force and effect from and after the date
of its passage.
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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Mayor Neal deviated from the agenda and opened discussion on Item 31, an update of the
five-year general fund financial forecast and overview of the FY 2004-2005 general fund proposed
budget. City Manager Noe prefaced the presentation by announcing that the proposed garage sale
permit fee was being withdrawn by staff due to strong opposition. He emphasized that staffs intent
in recommending the fee was not to generate revenues; rather, their intent was to better regulate this
activity in neighborhoods.
Assistant City Manager Mark McDaniel first provided an update of the five-year forecast.
He reviewed the financial forecast assumptions for revenues as follows: property tax revenue: 6%
Minutes - Regular Council Meeting
June 8, 2004 - Page 14
in FY and 3% thereafter; industrial district payments: 3.5% percent in FY 04-05 and 3% thereafter;
and sales tax revenues: 3.5% in FY 04-05 and 3% thereafter. He also briefly mentioned a number
of other revenue sources as follows: new pipeline license agreements; solid waste revenues - rate
increase for new current year debt, and then 0.25% thereafter; and most other revenue growth - 2%.
He noted that any future fee adjustments were not included.
Mr. McDaniel then reviewed the financial forecast assumptions for expenditures. Regarding
salary adjustments, he said the plan now included a modified Year 3 of the compensation plan
implementation in FY 2004-05, reducing the programmed increase from 5% to 3%. He said the
TMRS increase was included for a half year in FY 04-05, and then for a full year thereafter. The
projected sworn personnel salary adjustments for fire and police were programmed in at
approximately 3% per year. In addition, an increase in salary savings was programmed into the
budget, from 4% to 5%. He reported that annual police and fire academies were also included in
the budget, at a cost of $1 million per year for fire and between $300,000 to $400,000 for police.
Finally, he said the budget did not include funding for any new positions. Regarding health
insurance premium expenditures, Mr. McDaniel stated that the budget included 19%-15%-l4%
increases in FY 2004-05, and then a 10% increase per year thereafter.
Mr. McDaniel reviewed a number of additional expenses programmed in the budget. With
regard to regular capital items, he said the budget included funding for the following items: patrol
car replacements each year; three fire engines in Year One, and one fire engine per year thereafter;
and one ambulance replacement per year. He stated that additional items now accounted for in the
budget were the detention center costs and the Juvenile Court costs. He noted, however, that there
were a number of items remaining that were unaccounted for in the budget as follows: O&M costs
related to Bond 2004 projects; landfill expansion/development options; and the impact of
Proposition 13.
Mr. McDaniel discussed the updated chart depicting the general fund five-year financial
forecast. He noted that in FY 2004-05, the budget was balanced, but he said the estimated
"adjustment to balance current revenues to current expenditures" amount fluctuated from
approximately $4 million to over $5 million between FY 2005-06 and FY 2007-08. He said the
fluctuations could be attributed primarily to the timing of lease purchases agreements.
Mr. Garrett asked if one police academy per year was sufficient to keep up with attrition.
City Manager Noe and Assistant City Manager McDaniel replied affirmatively. Mr. Noe added that
staff and the Corpus Christi Police Officers Association were also discussing the implementation
of a "direct hire" program to enable the city to fill vacancies more quickly on a short-term basis.
Mr. Garrett emphasized that it was important to keep up with the demand for officers in the short
run because it could become expensive in the outer years.
Mr. McDaniel proceeded with the overview of the FY 2004-05 general fund proposed
budget, beginning with general fund revenues. With regard to property tax revenues, he said that
assuming 6% growth, one cent in property taxes was projected to yield $912,400 in revenues. He
said one additional percent growth over 6% was projected to generate $554,500. He noted that the
current rate cap was $0.6800 cents, and the voters had authorized an additional $0.0194 cents
outside of the cap. Thus, he said there were $0.0552 cents left under the cap.
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June 8, 2004 - Page 15
Mr. McDaniel reviewed a graph depicting industrial district values between 1997 and 2004.
He remarked that there had been a certain amount of volatility in this revenue source over the years,
but staff felt they could control the volatility through the new industrial district agreement. He also
briefly reviewed another graph illustrating the payments in lieu of taxes for the industrial district.
Mr. McDaniel referred to a graph depicting the historical collections of sales tax between
1997 and 2005 (projected). He pointed out that the events of 9/11 inhibited growth for a number
of years. He also clarified that the graph did not include an $800,000 audit adjustment from the
State Comptroller's office because the rebate was probably for a previous funding year, so it would
skew the numbers.
Mr. McDaniel discussed another graph depicting the percent change in collections from year
to year between 1992 and 2005 (projected). He reported that the city's sales tax revenues were doing
well up until 2001, with the exception of 2004, which is estimated to yield 4.2%. He said if that
projection held, then the city would end up $800,000 ahead. He said staffs projection for 2005 was
3.5%, a conservative estimate but still appropriate due to the volatility of this revenue source.
Regarding franchise fees, Mr. McDaniel reported that staff was projecting $538,090 in
revenues from the new pipeline license agreements in 2005, 75 percent of which would be obtained
from Gulfterra.
With regard to solid waste services revenues, Mr. McDaniel pointed out that the projected
solid waste fee adjustments to residential garbage collection and refuse disposal in 2005 totaled to
$978,545. He remarked that the adjustments were attributable to the additional debt needed for
landfill projects.
Mr. McDaniel reviewed a number of other proposed fee adjustments. First, he said
$874,447 in public safety fee adjustments were being recommended for the following services: 911
wireline; alarm permits; (new) taxi driver permits; sexually oriented business (SOB) licenses; (new)
haz mat clean up; and fire protection permits. Second, he said $109,832 in park and recreation use
fee adjustments were being recommended for the following programs: latchkey; e -registration; and
facility rentals. Third, $123,590 in health services fee adjustments were being recommended for
swimming pool and restaurant inspections/permits and animal bite testing. Fourth, $171,492 in
library fee adjustments were being recommended for overdue book charges and non-resident user
fees. Fifth, he said $165,000 for beach permits was being recommended as well.
Mr. Garrett spoke against the new proposed fee for taxi driver permits. He also asked for
information on the number of false alarms per year, and whether the city was collecting a fine for
false alarms. Mr. McDaniel replied that he would provide this information later.
Finally, Mr. McDaniel referred to a chart depicting the city's revenues by source. He noted
that ad valorem and sales taxes comprised approximately 51 percent of all revenues. He said the
remaining revenues were user -oriented.
Mr. McDaniel then provided an overview of general fund expenditures. First, he reviewed
a number of budget reductions. Through the use of target budgeting, he said an additional $513,00
in savings from the baseline was achieved. He said only $799,000 out of $6.1 million in restoration
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June 8, 2004 - Page 16
requests were funded. In addition, he reported that salary savings were increased to 5% of total base
salaries, which amounted to approximately $500,000 more in programmed savings.
Mr. McDaniel reviewed a number of major expenditure increases. First, he said salary
adjustments comprised a major portion of the increases, totaling $1,534,000 for civilians and
$1,802,446 for sworn personnel. Benefit adjustments for health insurance and retirement accounted
for $1,199,630 and $669,465, respectively. Mr. Kinnison pointed out that the increases in salary
adjustments for civilians and sworn personnel alone were not covered by the projected revenue
increases in the five-year budget. City Manager Noe agreed, saying that the increased cost of
personnel was driving the city's funding.
Mr. McDaniel reported that new programs/enhancements comprised $798,725 of the
expenditure increases as follows: new detention center - $421,193; Juvenile Court restoration -
$266,068; additional legislative costs - $35,000; ADA compliance program - $18,326; beach
maintenance - $25,897; and three new fire apparatus - $32,241.
In summary, Mr. McDaniel stated that total increases in the general fund amounted to $7.96
million, over $5 million of which was comprised of salaries. He said the major increases described
previously totaled $7.58 million, comprised of the following items: salary adjustments - $3,336,446;
benefit adjustments - $1,869,095; new/enhanced/restored programs - $798,725; increase in
ambulance fund subsidy - $946,328; increase in senior community services transfer - $173,791; and
new landfill debt service - $458,259. He said the approximately $300,000 difference was comprised
of small increases for electricity, supplies, and the like. He remarked that this indicated the budget
was relatively tight.
Mr. McDaniel reviewed a graph depicting the growth in the unreserved fund balance
between 1995 and 2004 (projected). He said staff believed the city would hit the 10 percent mark
of its goal for the general fund balance this fiscal year.
Mr. McDaniel discussed the balance of the schedule for the budget process. He noted that
staff was requesting to change the public hearing date to June 29, and then first and second readings
to July 13 and July 20 respectively. He said this would give staff the opportunity to complete the
necessary accounting between July 20 and August 1 to have the budget ready.
The Council then asked a number of questions. Mr. Scott spoke in support of Mr. Kinnison's
previous suggestion to provide some tax relief to the citizens if property taxes do come in higher
than projections. Mr. Noyola spoke in support of staff's decision to withdraw the proposed garage
sale permit.
Mr. Kinnison asked staff to explain the increase in the ambulance fund. Mr. McDaniel
explained that the bulk of the increase was attributable to drag -up pay and rising expenses. City
Manager Noe replied that the city was planning to have an outside review of ambulance services to
obtain recommendations on how to generate more revenues. Mr. Kinnison also asked about the
proposed detention facility, asking if the budgeted amount was consistent with the city's last offer
to the county. City Manager Noe replied that $1.1 million was budgeted.
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Minutes - Regular Council Meeting
June 8, 2004 - Page 17
Mayor Neal called for petitions from the audience. Mr. Lauro Gutierrez, 4833 Alice Street,
presented a neighborhood petition in opposition to Truks Roadhouse, citing problems with excessive
noise. Mr. Bill Kopecky, 3609 Topeka, presented a petition in favor of Proposition 13. Mr.
Sirfrederickvonusa King spoke regarding the passing of former President Ronald Reagan and an
alleged document from the Labor Department. Mr. Abel Alonzo spoke against the Council's
appointments to the Corpus Christi Regional Transportation Authority Board of Directors. Mr. Phil
Rosenstein spoke in favor of staff's decision to withdraw the proposed garage sale permit, and he
asked for improved communication between staff and the Council. Mr. Jack Gordy, 4118 Bray,
spoke regarding Proposition 13. Mr. Rolando Garza, 2854 Alvin Drive, questioned a number of
expenditures and reductions in the proposed FY 2004-05 budget. Mr. Carlos Torres, President of
the Corpus Christi Firefighters Association at 6014 Ayers, provided a final report on the MDA "Fill
the Boot" campaign.
Mayor Neal called for a brief recess to present proclamations.
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Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
29. Executive session under Texas Government Code Section 551.071 regarding the City's
proposed Detention and Magistration Center with possible discussion and action related
thereto in open session.
30. Executive session under Texas Government Code Section 551.071 regarding Hector
Villarreal, Corpus Christi Association of City Employees, and Stan Wilt v. City of Corpus
Christi and Loyd Neal; Cause No. 02-0868-E; 214th Judicial District court, Nueces County,
Texas, with possible discussion and action related thereto in open session.
The Council went into executive session.
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The Council returned from executive session, and Mayor Pro Tem Kinnison called for the
City Manager's report. City Manager Noe reported that the Charter Revision Commission was
holding a public hearing on their proposed amendments this evening at 6:00 p.m. in the Council
Chambers. Tomorrow evening at 6:00 p.m., Mr. Noe reported that a progress report would be
provided on the latest NIP area. The Planning Commission would hold a public hearing on the
Padre Island overlay zoning district at 6:00 p.m. on June 10 at the Island Presbyterian Church. He
announced that a Cash for Trash event would take place this Saturday from 9:00 a.m. to 3:00 p.m.
at the Elliott landfill. Finally, he said the following items were scheduled for the June 15 agenda:
consideration of the petition on Proposition 13; and continuation of the budget discussion.
Mayor Pro Tem Kinnison called for Council concerns and reports. Ms. Cooper announced
that the next town hall meeting would be held on July 12 at Montclair Elementary. She also
encouraged everyone to attend the Municipal Band concerts held at 8:30 p.m. on Sunday nights.
Mr. Kelly asked staff to provide the Council with a copy of the open container ordinance.
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June 8, 2004 - Page 18
1 -le said retailers in the Leopard Street area had suggested that the city revise the ordinance in
response to problems with homeless individuals in the area.
There being no further business to come before the Council, Mayor Pro Tem Kinnison
adjourned the Council meeting at 1:22 p.m. on June 8, 2004.
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