HomeMy WebLinkAboutMinutes City Council - 02/24/1998I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Council Meeting of the City of Corpus Christi of February 24, 1998, which were approved
by the City Council on March 10, 1998.
WITNESSETH MY HAND AND SEAL, this 10th day of March. 1998.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 24, 1998
2:15 p.m.
PRESENT
Mayor Loyd Neal
Mayor Pro Tem Dr. David McNichols
Council Members:
Javier Colmenero
Melody Cooper
Alex L. Garcia Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward Martin
City Staff:
City Manager Bill Hennings
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev Deacon Pete Horseman, Our Lady Star of the Sea,
following which the Pledge of Allegiance to the flag of the United States was led by Council
Member Martin.
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 February
17, 1998, and there being no corrections, he proclaimed them approved as presented.
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda.
The first presentation (Item 2 on the agenda) pertained to a disparity study of historically
under-utilized businesses (HUBs). City Manager Hennings said that for the past several months the
City Council has been discussing the use of minority-owned businesses by the city in its
procurement and construction programs, in particular businesses owned by Hispanics and African-
Americans. He said the Council asked staff to contact the LBJ School of Public Affairs at the
University of Texas at Austin about the possibility of a disparity study, which would be a necessary
step if the city is to prove that disparate treatment exists and to support a more aggressive affirmative
action program.
Mr. Jorge Anchondo, a senior research scientist with the LBJ School of Public Affairs, said
Minutes
Regular Council Meeting
February 24, 1998
Page 2
that if the Council hired them to conduct a disparity study, he would try to utilize the same team who
conducted a disparity study for the Corpus Christi Regional Transportation Authority in 1994,
including former Secretary of Labor Dr. Ray Marshall, who was the principal investigator for that
study. Mr. Anchondo said they would undertake a comprehensive education process and then
conduct the disparity study. He also commented on the university's experience in the area of research
and knowledge of HUBS, and on the Supreme Court decisions that addressed minority businesses.
He said if the city opted to not hire the LBJ School to conduct the study, he asked that they consider
allowing the LBJ School to oversee it.
Mayor Neal asked what the difference is between a "formal" program (as referred to by Mr.
Anchondo) and the city's existing minority purchasing and contracting program. Mr. Anchondo said
the underlying element of a formal program is a disparity study. The Mayor then asked which other
Texas cities have conducted formal disparity studies, and Mr. Anchondo named Austin, San
Antonio, Houston, Dallas, and Ft. Worth.
Council Member Martin said that for 15 years the City of Corpus Christi has had a formal
program in place under every definition except the one regarding disparity studies. He asked if the
city's current system is illegal, and Mr. Anchondo replied that it is illegal if the city has not
conducted a disparity study. Mr. Martin asked how much a disparity study would cost. Mr.
Anchondo said since the LBJ School was proposing an interlocal agreement with the city, salaries
would be capped and based on the study team's university salary rates rather than consultants' rates.
Mr. Martin asked if the city's study would cost more than the RTA's study (which cost $100,000),
and Mr. Anchondo said it would probably cost about $200,000.
Mr. Martin also asked if a likely result of a disparity study would be to change the definition
of minorities to exclude females. Mr. Anchondo said they would have to see what the city's
procurement record would show, but he added that in the other disparity studies he mentioned,
women were not excluded. Mr. Martin said he thought the patterns discovered in the RTA disparity
study would be applicable. He added that if the city were to conduct a study, it would make sense
to join with other governmental units such as Nueces County and Del Mar College to identify the
entities' needs. Mr. Anchondo said that while involving other entities in the study would produce
a more powerful study, it would also affect the legal aspects of the study. With regard to the RTA's
data, he noted that the data is almost five years old and it involved a different market area.
In reply to Council Member Colmenero, Mr. Anchondo described aspects of the data
collection process, including the mail and telephone surveys and in-person interviews, as well as the
members of the study team and the duration of the study. He noted that the RTA study was
conducted in one year.
Council Member Garcia asked if there were any grants available to pay for such a disparity
study, and Mr. Anchondo said they had tried unsuccessfully to obtain grants. He also described the
Minutes
Regular Council Meeting
February 24, 1998
Page 3
different ways in which disparity studies were conducted for the other Texas cities. Mr. Garcia
referred to the different definitions of women as minorities, and he asked if a disparity study would
indicate the differences in the ways that Corpus Christi has operated its procurement programs; Mr.
Anchondo replied that the study would provide a comprehensive analysis.
Mr. Garcia asked what Mr. Hennings perceived would be the pros and cons of conducting
a disparity study for the city. In his response, Mr. Hennings referred to Mr. Anchondo's letter to him
outlining his proposal and highlighting aspects of the Supreme Court's decision in City of Richmond
v. J.A. Croson Company. The City Manager said a disparity study will document whether or not
business discrimination occurred, and if it did occur, a specific affirmative action program would
need to be designed to target the documented discrimination in order to be effective in the minority
business community. He noted that the City of Dallas has spent $3 million helping minority
businesses there develop their ability to provide insurance and bonds to meet the city's requirements.
As another example, he said the City of Austin has directed a percentage of its hotel tax to the Black
Chamber of Commerce for tourist promotion.
Mr. Hennings said that for a number of years, the City of Corpus Christi has estimated the
availability of minority businesses in the market for a particular project, and the contractors accept
that goal and agree to meet it. He said the city has done much in developing minority businesses in
the community. He said the City Council would not need to approve a disparity study in order to
assist minority-owned businesses; however, in order to do the most that can be done in that regard,
a disparity study would be necessary because without it the city would not be successful in meeting
a legal challenge to its program.
Mr. Hennings acknowledged that one of the challenges in conducting a disparity study is the
cost, and he said the Council needs to determine the community's view of this issue. He said he
would opt first to do the things that can assist minority businesses before taking the bigger step of
the disparity study, but he would not be opposed to the study if the Council feels it is a priority. Mr.
Garcia said he agreed with Mr. Hennings' assessment of the options, adding that he would want to
receive regular reports of the city's efforts to assist minority businesses. He also suggested that the
RTA provide the Council with a report of how their disparity study assisted them.
Council Member Gonzales said he thought it was important to have a disparity study in
Corpus Christi in order to ascertain what city business practices have occurred in the past and to
provide a plan for the future. He said that while the study will cost money, he questioned how much
money the city has lost from a lack of competition, and he said that voluntary programs are not
effective.
Responding to Council Member John Longoria, Mr. Jason Justice, also with the LBJ School,
said there is a different selection and search process for architects and engineers. He said if there are
no minority-owned architectural and engineering firms in Corpus Christi, one step the Hispanic and
Minutes
Regular Council Meeting
February 24, 1998
Page 4
Black Chambers of Commerce can take is to try to recruit such firms to relocate here. Mr. Justice
added that part of the process is to analyze if there were market forces that kept minority firms from
being developed in a certain area, and if so, the idea is to help compensate for that in some manner
in order to provide those opportunities.
Mr. Longoria emphasized that he wanted local firms to benefit from city contracts, and he
was aware of some firms that have many minority employees but are not owned by minorities. He
added that the city's insurance and bonding requirements are probably the largest factors inhibiting
companies from receiving city contracts, and Mr. Hennings agreed. Mr. Longoria asked if the city
had taken any steps to assist small businesses in bidding on city projects. Mr. Hennings replied that
one initiative is the relatively recent formation of the Minority Business Opportunity Committee,
as well as a recent meeting that was attended by city staff and some Council members about
insurance and bonding requirements. He said the bottom line was allocating resources to develop
the capacity of minority-owned businesses to have access to the government business market.
Mr. Longoria reiterated his concern about advantages that more experienced non -local
minority-owned businesses would have over their local counterparts. Mr. Justice replied that there
are some design methodologies that give preference to local firms. In response to another question
from Mr. Longoria, Mr. Justice said there is an opportunity to more fully develop the awarding of
contracts less than $15,000 (which have different requirements) to minority-owned businesses while
not discriminating against other firms, which he explained. Mr. Anchondo added that if the disparity
study indicated that there is no discrimination taking place, then no goal needs to be set. Mr. Justice
said he would provide the Council with information regarding legal issues where the state has been
given the opportunity and authority to waive bonds when the state feels they are not necessary.
Council Member Betty Jean Longoria said the issue of a disparity study has been raised by
several groups. She said that as a person with a small-business background, she understands the
challenges that they face. She said she agreed with Mr. Garcia about taking steps to address the
disparity issue internally at first for a short period of time, and then address the cost factor for an in-
depth study. Mr. Anchondo briefly discussed the purpose of entering into an interlocal agreement
with the LBJ School and how that would affect the cost of the study.
Mayor Neal asked Mr. Hennings what would be the next step. Mr. Hennings said that
according to Mr. Anchondo's proposal, in summary, the purpose of the disparity study would be to
determine the availability of minority-owned businesses in the "relevant market area," and then to
determine the past utilization of those businesses by the government and to assess any disparity
between those factors. The process would also involve primary and secondary data collection efforts
through the approach of 10 primary work tasks. Mr. Hennings said that if the Council wishes to
proceed, they should direct staff accordingly and they would work with Mr. Anchondo to develop
a proposal to carry out the disparity study. He said staff would bring that back to the Council along
with alternatives for funding it.
Minutes
Regular Council Meeting
February 24, 1998
Page 5
Dr. Gonzales made a motion to give the City Manager the authority to meet with
representatives of the LBJ School of Public Affairs to prepare a proposal that will come back to the
Council for consideration, along with funding alternatives. Mrs. Longoria seconded the motion.
Mr. Garcia asked if the motion automatically committed the city to utilizing the LBJ School,
or if other consultants would be sought. Dr. Gonzales said the motion was not committing the city
or the Council to anything; rather, it was just a step to put a proposal in writing for consideration.
In reply to Mr. Longoria, Mr. Hennings said that when staff brings the proposal back to the
Council, it will be in the form of a proposed contract with alternatives for funding.
Mr. Martin said that if the Council does not intend to vote for the contract or does not want
a disparity study to be conducted at this time, they should not approve Dr. Gonzales' motion because
it would be a waste of staffs time. He said if they want to support the study they should vote for the
motion. Dr. Gonzales said he wanted to see the proposal in writing, including specifics about the
time and cost involved.
Mr. Longoria asked if staff would also propose some "in house" steps that can be taken.
Mayor Neal said he thought that was another issue.
City Secretary Chapa polled the Council for their votes on Dr. Gonzales' motion, and it
passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, and
Neal voting "Aye"; Martin and McNichols voting "No."
* * * * * * * * * * * * *
The next presentation was about the "TREEmendous Friends" project, an educational and
environmental youth community involvement program developed by the Central Power and Light
(CPL) Bay Area Community Advisory Council.
Mr. Vic Menard said the "TREEmendous Friends" project will initially be developed as a
pilot project at West Oso and Flour Bluff Independent School Districts. Students in the 4th, 5th, and
6th grades at those schools will each be given a young tree seedling potted in a one -gallon container
that they will take home to care for and nurture. Before the end of the school year, the students will
bring the trees back to school to be repotted into a two -gallon container, then they will take the trees
home to care for during the summer. In October or November, the students will bring the trees back
to school to be planted on the school grounds or in city parks.
Mr. Menard introduced Ms. Nancy Elliott of the Tree Awareness Council, who explained
how the tree seedling program can be incorporated into a variety of classroom subjects. She said that
upon the recommendation from the Texas Forest Service, five species were selected for this project:
Minutes
Regular Council Meeting
February 24, 1998
Page 6
Montezuma Bald Cypress, Cedar Elm, Live Oak, Anaqua or Sandpaper Tree, and Wild Olive, which
are all native to this part of Texas. Mr. Menard added that as the project is proven, it will be
expanded to additional school districts and will involve other civic partnerships.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Byron Wooldridge, 6705 Deerwood, contested remarks that Regional Water Director
James Dodson had recently made at a conference in San Antonio. Mr. Wooldridge said the decision
to build the Lake Texana pipeline was not based on economic feasibility. He also stated that while
officials at OxyChem had concluded that a proposed cost of $158 million for a 300 -megawatt
cogeneration plant was too low, OxyChem in turn is planning to construct a 440 -megawatt natural
gas-fired cogeneration power plant near Ingleside for a total of $210 million, which he said is $50
per kilowatt less expensive than their proposal.
City Manager Hennings responded that the decision to buy the water from Lake Texana was
the most economical choice for additional water supply. He said if there is any doubt, one need only
review the decision last week of the Lower Colorado River Authority to pay almost twice as much
for additional water rights on the Colorado River, which indicates the actual market price for water.
Mr. Roy Martinez, 1440 Dahlia, asked who was collecting the 50 -cent telephone franchise
fee. Mr. Hennings replied that the city collects a franchise fee from the utilities for the use of the
street right-of-way and public easements (a street rental fee). He said the Southwestern Bell franchise
fee was raised 43 cents on July 1st and an additional 50 cents January 1st. Mr. Martinez also asked
about plans by the Crime Control and Prevention District to improve street lighting in high -crime
areas in the city. Mayor Neal replied that the Crime Control Board has been putting into place a
number of the initiatives that were approved. Mr. Hennings added that the board will meet tomorrow
at City Hall, and they are reviewing the plans for the first year's budget. He noted that the money
will begin to be collected on April 1, 1998, and those funds will not be rebated from the State
Comptroller's Office until early June 1998.
Mr. Paul Koepke, 5262 S. Staples, introduced Mr. Al Reeder, also a member of the Beautify
Corpus Christi Association. He said the association is over 30 years old and he welcomed the
Council's membership. He said their latest activity is a push to clean up the city as they have done
in the past, and he noted that the association is attempting to hire an executive director. Mayor Neal
expressed his support.
Mr. R.F. Hasker, 1813 Wallace, referred to a remark he had made about Council Member
McNichols during the February 17, 1998, Council meeting which prompted his removal from the
chambers. He said his comment, which had been addressed to Mr. J.E. O'Brien (who was walking
Minutes
Regular Council Meeting
February 24, 1998
Page 7
back to his seat after addressing the Council members) was not clearly heard by Mr. O'Brien,
although Council Member Martin said he heard Mr. Hasker make a specific disparaging remark. Mr.
Hasker denied using the phrase cited by Mr. Martin. He apologized for the outburst and said he
would attempt to confine his remarks to the three-minute public comment portion of the meetings.
Mr. Jimmie Till, 1265 Southern Minerals Rd., said he and others served their country in order
to preserve their freedoms, including the freedom of speech and the ability to be heard by members
of government. He said most Council members are respectful of citizens, but he objected to some
remarks Dr. McNichols' made last week.
Mr. J.E. O'Brien, 4130 Pompano, said that most public hearings are mandated by law. He
said last week a Council member made what he considered to be an arrogant and outrageous
statement to the effect that it was immaterial what the public thinks. He asked the Council to
disqualify that Council member from participating in any future public hearings held by this Council.
He quoted William Jennings Bryant to make his point.
Mr. Leon Perez, 904 Buford, said people have questioned who is running the city. He
commented that the city spends millions of dollars but cannot fix the convention center.
Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, delivered
copies of their first newsletter for the year.
* * * * * * * * * * * * *
Mayor Neal called for a 10 -minute recess.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, location for the new senior citizen center.
Mr. Malcolm Matthews, Director of Park and Recreation, said that in the last two funding
years for the Community Development Block Grant program, funds have been allocated for the
design (Year 22) and construction (Year 23) of a new senior citizen center. The Senior Community
Services Advisory Committee, working with city staff, the Del Mar College Department of Human
Services and the senior citizen community, have gone through a year-long process trying to identify
the most efficient location for a new senior center.
He said that several city -owned sites were considered on the north side of South Padre Island
Drive (identified as the southeast area of the city) and on the south side of SPID (southside area).
Using visual aids, Mr. Matthews described the locations of the seven existing senior centers (another
location is a meal site only), and the seven possible locations considered. He also referred to census
Minutes
Regular Council Meeting
February 24, 1998
Page 8
data that was utilized in the site comparison process (from the 1990 census), and the telephone
survey that was conducted by students in Del Mar's Department of Human Services.
Responding to Council Member Martin, Mr. Matthews said the SCS Advisory Committee
is recommending --and staff concurs --that the new center be located adjacent to the City Garden
Center facility in Cullen Park. He noted that there has been interest in two other sites--Schanen Park
and Lakeview Park.
Council Member Betty Jean Longoria asked about plans for additional senior centers in the
future. Mr. Matthews replied that any additional facilities will have to be financed from the city's
General Fund, unless alternative funds can be obtained, because there are no federal grants coming
in to support the operations of the centers.
Mr. Hennings pointed out that several hundred thousand dollars was added to the General
Fund budget this year to sustain the level of activity in the city's senior citizen program. Mr.
Matthews said the annual operating cost of the new facility will be about $100,000 per year
(including meals), and start-up costs for furniture and other items that are not included in the CDBG
grant are about $15,000. He said if the center is located adjacent to the Garden Center as
recommended, there will be a savings of about $15,000 because there are some part-time staff
already in that location.
Ms. Elsa Ciminelli, 3018 Daytona Dr., said she is chairperson of the Program Planning and
Evaluation Subcommittee of the SCS Advisory Committee. She said their recommendation of the
Cullen Park/Garden Center site is based upon many months of planning and evaluation of different
factors, including the fact that it is easily accessible and would be located on city -owned property.
Mr. Phil Rosenstein spoke in favor of staff's and the Advisory Committee's recommendation.
Mr. Vic Menard, a member of the American Association of Retired Persons (AARP), said
that organization has been actively involved in the city's development of senior centers over the last
10 years. He referred to ZIP code demographics that had been provided to the Council about the
numbers of people 50 years and 60 years old in those areas. He said that while there is a need for two
new senior centers, they think the higher priority is for a center on the south side, either at Schanen
Park or Lakeview Park.
Mr. K.G. Coley, 1334 Petersen, said one chapter of the AARP has had to meet recently at
the Garden Center, and they have had scheduling conflicts because the Garden Club has precedence
on using that facility. He said they thought suitable locations for a new senior center would be
Lakeview Park, Lexington Park, and Schanen Park, and they are recommending Lakeview Park.
Responding to Mayor Neal, Mr. Matthews said staff has not checked the tax rolls regarding
Minutes
Regular Council Meeting
February 24, 1998
Page 9
the five acres of land that is for sale adjacent to Lakeview Park. Referring to a comment made by
Mr. Coley, Mr. Matthews said the Garden Center was donated to the city by the Council of Garden
Clubs, and in exchange for the city operating the facility, they get first right of refusal on yearly
booking of the large room there. For the new senior center, staff is recommending either a free-
standing building next to the Garden Center where the two facilities can share parking and staff, or
a building connected to the Garden Center where the large room can be used as an overflow area.
He added that the Garden Clubs would not have anything to do with the CDBG-funded senior center.
Council Member Cooper asked about the logistics of using Lakeview Park as the site. Mr.
Matthews explained that staff has investigated that based upon a building design that would have
to be set back a certain distance from Holly Road. Consequently, it appears there would not be
sufficient space on the existing property for both the senior center and the parking lot; however, there
is vacant property on either side of the park. Mrs. Cooper asked if staff had an estimate on the asking
price for the property for sale. Mr. Matthews said he thought it would be $75,000 to $100,000. Mr.
Hennings said the first step would be to authorize a design study on the location and size of a
facility, as well as land availability.
Mrs. Cooper also asked about the size of the Schanen Park location, and Mr. Matthews said
that park consisted of 18 acres. She asked why the SCS Advisory Committee and staff were
recommending the Garden Center site over Schanen Park. Mr. Matthews said there were two major
reasons: the population of senior citizens who are concentrated in the area of the Garden Center site;
and the potential cost savings that could be realized by maximizing the use of the existing Garden
Center. Mr. Hennings emphasized there is ample room at the Garden Center/Cullen Park site and
having the Garden Center there would be an enhancement to the senior center.
Mrs. Cooper also asked about the apparent conflicting data of the ZIP code information
versus the census data on the population of seniors in certain areas. Mr. Matthews said they relied
on the census data from 1990, although staff knows those numbers are changing. He said there is a
growing population of seniors on the south side of SPID while there is an aging, existing population
on the north side of SPID. Mrs. Cooper said she thought the Schanen Park site would be most
accessible to the largest number of senior citizens in that area.
Council Member Garcia asked if there were safety concerns associated with middle schools
located next to the potential sites, and Mr. Matthews said that was not a concern; he added that it was
actually a benefit since the middle school areas are capable of handling traffic. In response to other
questions from Mr. Garcia, Mr. Matthews said he thought that in the telephone survey more people
suggested Cullen Mall as a potential site because they are familiar with it. He added that staff is not
aware of any funding other than CDBG funds to build or expand a senior center. Mr. Garcia
commented that it would be beneficial to expand the Garden Center site at this time and then build
a new site in a few years at Schanen Park. Mr. Hennings and Mr. Matthews reiterated that the
problem was not the lack of available construction funds but rather of operating funds.
Minutes
Regular Council Meeting
February 24, 1998
Page 10
Mr. Martin said he thought they needed to be careful in evaluating the census data because
of dramatic changes that have occurred over the Last eight years. He said he did not think the city
would be saving money by located a center adjacent to the Garden Center. Mr. Martin asked if public
transportation would be an issue in considering a site, and Mr. Matthews said it would be mostly
with "Care B" service, not necessarily the general bus service. Mr. Martin also asked whether the
meal site -only location at Briarwood Apartments would be able to be relocated to the new senior
center if it was located south of SPID. Mr. Matthews said it would be possible if the new center was
located at Lakeview Park or nearby, but the Schanen Park site posed different concerns.
Mr. Martin said the Lakeview Park site is unique and it is not being used to its full potential.
He said that while two centers are needed both north and south of SPID, if it will be many years
before another center can be built, he questioned whether they had an obligation to locate a center
south of SPID (since there are no centers there now). Upon verification by Mr. Matthews, Mr.
Martin pointed out that the advisory committee was recommending the Garden Center site but the
overwhelming opinion expressed during the public hearing was for the Southside location.
Mr. Martin asked about the timing of the funding, saying he would like more information
about the feasibility of possibly locating the senior center at Lakeview Park. Mr. Matthews said that
according to Mr, Tom Utter, Assistant City Manager for Development Services, the funding
timelines would allow for gathering that information.
Council Member McNichols said that a decision to locate the new center on the south side
of SPID may not be reflective of the concentration of the target population (people aged 65 and
older), which he thought still live on the north side of SPID.
Responding to Council Member Colmenero, Mr. Matthews further explained the Council of
Garden Club's access to the Garden Center. Mr. Colmenero raised questions about the
demographical information, including the census data.
Mrs. Cooper said she would like to see a study conducted about the actual cost of locating
the new center at three different sites. She then made a motion to table Item 3 until more information
can be collected; seconded by Mr. Garcia.
Mrs. Longoria said she would support staff's recommendation to choose the Garden Center
location, with the knowledge that there is a need for two centers both north and south of SPID.
Council Member Gonzales said he was concerned that it would probably be many years before
another senior center is built, adding that there is a growing older population that needs to be
addressed. He said he would support staff's recommendation.
Mrs. Longoria made a motion to accept staff's recommendation to locate the senior center
at the Garden Center location. Mrs. Cooper noted that she had already made a motion that was on
Minutes
Regular Council Meeting
February 24, 1998
Page 11
the floor. Mayor Neal said Mrs. Cooper's motion (which was seconded by Mr. Garcia) was to table
Item 3 pending the gathering of additional cost information on Lakeview Park, Schanen Park and
the Garden Center, to come back within 30 days.
City Secretary Chapa polled the Council, and the motion to table Item 3 passed by the
following vote: Colmenero, Cooper, Garcia, Martin, and Neal voting "Aye"; Gonzales, B. Longoria,
J. Longoria, and McNichols voting "No."
3. TABLED
*************
Mayor Neal opened discussion on Item 4, Wesley Seale Dam spillway stabilization project.
He called for comments from the audience, and there were none. City Secretary Chapa polled the
Council for their votes as follows:
4.a. M98-043
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$1,614,000 with Freese and Nichols, Inc. for engineering services for the Wesley Seale Dam
Spillway Stabilization Project.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
4.b. M98-044
Motion authorizing the City Manager or his designee to execute a contract in an amount not
to exceed $40,000 with John A. Focht, Jr. P.E., for geotechnical review services for the
Wesley Seale Dam Spillway Stabilization Project.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
*************
Mayor Neal opened discussion on Item 5, industrial district agreement. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
February 24, 1998
Page 12
5. ORDINANCE NO. 023224
Ordinance authorizing the City Manager or his designee to execute an Industrial District
Agreement with Valero Refining Company -Texas as landowner and Air Liquide America
Corporation as Lessee and improvements owner pursuant to Ordinance No. 022360 and to
file the agreement in the official records of Nueces County, Texas.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
Council Member Martin commented on the significance of this item, saying it is a major
investment that ties into another major investment in the community.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 6, music festival lease agreement. He called for
comments from the audience, and there were none.
Council Member John Longoria made a motion to amend Item 6 to allow for a one-year lease
agreement rather than three years as recommended. He said there was concern about the strength of
the non-profit group involved to provide the manpower needed for the music festivals to be held on
two different weekends (Memorial Day and Labor Day weekends). Council Member Garcia said he
agreed with Mr. Longoria, adding that other non-profit organizations might be interested.
Mr. Sirron Kyles said he was executive producer of the Bob Marley Festival and the
proposed Caribbean Mardi Gras and parade. He said the Foundation of Hope is working with several
other organizations, including LULAC, to provide the volunteers necessary for those events. He said
he was not involved in the music festival that was held during Labor Day last year as he had been
in previous years, and he decided to try to plan for a festival during the Memorial Day weekend
instead. Then he was told that the Food Bank of Corpus Christi had declined to be involved in any
more fundraising activities involving festivals because they lost money during last year's event. He
further explained that his company produces festivals in about 27 cities throughout the country each
year, and they purposefully choose to partner with various smaller non-profit organizations.
Mr. Garcia asked Mr. Kyles if a one-year lease agreement would be a problem. He replied
that they could operate with a one-year agreement, but they prefer three-year agreements due to their
long-term scheduling needs. He added that they evaluate each non-profit organization from a
volunteer stand point and he is confident that the Foundation of Hope can meet their volunteer needs.
Mr. Hennings asked Mr. Kyles if he planned to charge an admissions fee. Mr. Kyles said
Minutes
Regular Council Meeting
February 24, 1998
Page 13
there would not be an admissions fee for the Bob Marley Festival, but they are considering charging
a minimum of $5.00 for some events within the Mardi Gras event.
Responding to Council Member Martin, Mr. Kyles said the Foundation of Hope would
receive 25% of all income after expenses. Mr. Martin asked Mr. Hennings if the agreement could
be made with the Foundation of Hope directly or jointly with Mr. Kyles. Mr. Hennings said it could
be structured that way. Mr. Matthews explained the time frame for setting up the events. Mr. Martin
said he agreed with Mr. Longoria's proposed amendment.
Council Member Gonzales asked about the Foundation of Hope, and Mr. Kyles said it is
headed by Ms. Alicia Gallegos -Gomez. Dr. Gonzales said he was concerned that it was a legitimate
non-profit foundation. Mr. Kyles said Ms. Gallegos -Gomez would have been present at the Council
meeting but was called away on a family emergency. Dr. Gonzales said he would also support Mr.
Longoria's motion.
In response to Council Member Colmenero, Mr. Kyles said the Mardi Gras ball would be
held at the Art Museum of South Texas because the convention center was not available this year.
Mr. Longoria reiterated his motion to amend Item 6 to change the agreements to one year
only; seconded by Mrs. Cooper. Mr. Garcia asked if the Council could receive more information
about the Foundation of Hope prior to the second reading of these items. Mayor Neal called for a
voice vote on the motion to amend, and it passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
6.a. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a one-year lease agreement with
S.V. Kyles and Associates/Earth Works Productions to hold a reggae music festival and
related activities including non-exclusive use of sidewalks and medians on Shoreline
Boulevard, North of IH -37 between Resaca and Palo Alto Streets, on the Memorial Day
weekend, from 6:00 a.m. Wednesday, May 20, to 6:00 a.m. Wednesday, May 27, 1998; and
including exclusive use from 6:00 a.m. Saturday, May 23, to 6:00 a.m. Tuesday, May 26,
1998, in consideration of a permit fee and 4% of the gross receipts or direct city costs,
whichever is greater.
The foregoing ordinance passed on first reading, as amended, by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
Minutes
Regular Council Meeting
February 24, 1998
Page 14
6.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a one-year lease agreement with
S.V. Kyles and Associates/Earth Works Productions to hold a musical event featuring a
variety of music and related activities including both exclusive and non-exclusive use of
sidewalks and medians on Shoreline Boulevard, North of I11-37 between Resaca and Palo
Alto Streets. Non-exclusive dates for the event would be from 6:00 a.m. Wednesday,
September 2, to 6:00 a.m. Wednesday, September 9, 1998; and including exclusive use from
6:00 a.m. Saturday, September 5, to 6 a.m. Tuesday, September 8, 1998, in consideration of
a permit fee and 4% of the gross receipts or direct city costs, whichever is greater.
The foregoing ordinance passed on first reading, as amended, by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
7. Case No 997-7 Maria Gongora: A change of zoning from an "A-2" Apartment House
District to an "I-2" Light Industrial District on Bayview Addition, Block 13, Lot 20, located
on the southeast corner of Craig and South Alameda Streets.
City Manager Hennings said there was a request to open the public hearing at this meeting
and then recess it until March 31, 1998, which will avoid the need to re -advertise for the March 31st
hearing. Council Member Martin asked why that request was being made. Mr. Utter said it was his
understanding that the applicant did not agree with the recommendation; in addition, the attorney
representing the applicant was out of town.
Council Member Betty Jean Longoria made a motion to recess the public hearing until March
31, 1998, seconded by Council Member Garcia, and passed (J. Longoria absent).
POSTPONED
Pert. fat an office for a moving/trai,sfer-s, and limited parking of associated v..lhiele�,
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
Minutes
Regular Council Meeting
February 24, 1998
Page 15
8. Case No. 198-2 Pro -37 Sports. Inc.: A change of zoning from an "R -1B" One -family
Dwelling District to a "B-4" General Business District on 9.75 acres out of Tract No. 3 of
the 146 -acre Noakes Tract, located on the north side of Up River Road, approximately 150
feet east of Violet Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-4" District on the south 2 acres and denial of the `B-4" District on the north 7.75 acres, and
approval of a Special Permit on 9.75 acres for a golf driving range subject to a site plan and five (5)
conditions. No one appeared in opposition to the zoning change. Council Member Cooper made a
motion to close the public hearing, seconded by Council Member Garcia, and passed.
Responding to Council Member Martin, Mr. Brandol Harvey, Director of Planning and
Development, said the end of the driving range would be about one-half mile from the river, while
the tract of property goes all the way to the river. He added that at this point the property is not being
subdivided and the proposed use would be located at the front of the property.
Mr. Harvey further explained that staff was recommending that the front 2 acres be rezoned
to `B-4" and the back 7.75 acres remain "R -1B," but the special permit would apply to both so they
must be integrated to facilitate the driving range use. Mr. Martin suggested that two other conditions
be added: that the 9.75 acres cannot be further subdivided; and that no portion of the 9.75 acres may
be separated from the remainder of the property. He said he was not certain that it should not be at
some point, but he wanted to ensure that the owner creates access to the property.
Mr. Harvey said with regard to the long-term development of this area, the transportation
plan calls for a street to come off Violet Road extending to the north, eventually coming back to
Sessions. Following a brief discussion, Mr. Harvey said staff will be reviewing the northwest area
development plan along with the transportation plan for that area.
Mr. Martin made a motion to amend Item 8 to add another condition that the 9.75 acres
would not be further subdivided; the motion was seconded by Council Member John Longoria, and
it passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023225
Amending the Zoning Ordinance upon application by Pro -37 Sports, Inc., by changing the
zoning map in reference to two acres out of Tract No. 3 of the 146 -acre Noakes Tract from
"R -1B" One -Family Dwelling District to "B-4" General Business District, and granting a
Special Permit for a golf driving range subject to a site plan on 9.75 acres out of Tract No.
3 of the 146 -acre Noakes Tract.
Minutes
Regular Council Meeting
February 24, 1998
Page 16
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin,
McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 9-22, and Council members requested that Items 12 and
14 be withheld for discussion. There were no comments from the audience on any of the consent
items. City Secretary Chapa polled the Council for their votes and the following were passed:
9. M98-045
Motion approving the purchase of radio equipment from Ericsson, Inc., for a total amount
of $ 45,726.25, based on sole source bid. The equipment will be used by the Police
Department and funds are available in the FY 97-98 Budget.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
10. M98-046
Motion authorizing the City Manager or his designee to execute a Contract for Architectural
and Engineering Services with John R. Wright, Architect for a total fee not to exceed
$24,000 for the H.E.B. Pool and Bathhouse Improvements.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
11. M98-047
Motion authorizing the City Manager or his designee to execute a Contract for
Architectural/Engineering Services with Roots Foster and Associates for a total fee not to
exceed $24,000 for the Greenwood/Lindale Senior Centers Improvements.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
13.a. ORDINANCE NO. 023226
Ordinance appropriating $10,000 from the Unreserved Fund Balance in the No. 133
Minutes
Regular Council Meeting
February 24, 1998
Page 17
Municipal Information Systems fund; amending Ordinance No. 022993 which adopted the
FY 97-98 budget by adding $10,000 to the No. 133 Municipal Information Systems fund for
professional services.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
13.b. M98-049
Motion authorizing the City Manager or his designee to execute an agreement with McCall
Services Inc. for professional services in relation to resolution of the Year 2000 computer
problem for a cost of $125 per hour for a total cost not to exceed $10,000.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
I5.a. M98-051
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$123,532 in funding from the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Department's role in the Texas Coastal Corridor
Initiative in the Houston High -Intensity Drug Trafficking Area.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
15.b. ORDINANCE NO. 023227
Ordinance appropriating $123,532 in the No. 162 Federal/State Grants Fund from the
Executive Office of the President, Office of National Drug Control Policy, to support the
Police Department's role in the Texas Coastal Corridor Initiative in the Houston High -
Intensity Drug Trafficking Area.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
16.a. M98-052
Motion authorizing the City Manager or his designee to accept a grant in the amount of
Minutes
Regular Council Meeting
February 24, 1998
Page 18
$100,000 in asset forfeiture funding from the U.S. Department of Justice, Office of Justice
Programs, Executive Office for Weed and Seed, for support in Weed and Seed Site 1.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
16.b. ORDINANCE NO. 023228
Ordinance appropriating $100,000 in the No. 162 Federal/State Grants Fund of asset
forfeitures from the U.S. Department ofJustice, Office ofJustice Programs, Executive Office
for Weed and Seed, to support the Weed and Seed Site 1.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
16.c. M98-053
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$75,000 in asset forfeiture funding from the U.S. Department of Justice, Office of Justice
Programs, Executive Office for Weed and Seed, for support in Weed and Seed Site 2.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
16.d. ORDINANCE NO. 023229
Ordinance appropriating $75,000 in the No. 162 Federal/State Grants Fund of asset
forfeitures from the U.S. Department ofJustice, Office ofJustice Programs, Executive Office
for Weed and Seed, to support the Weed and Seed Site 2.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
17.a. M98-054
Motion authorizing the City Manager to execute Attachment No. 01 to Contract No.
7460005741-99 with the Texas Department of Health in the amount of $124,258 to provide
immunization services for the period January 1, 1998 to December 31, 1998.
Minutes
Regular Council Meeting
February 24, 1998
Page 19
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
17.b. ORDINANCE NO. 023230
Ordinance appropriating a grant in the amount of $124,258 from the Texas Department of
Health for immunization services in the No. 162 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
18.a. M98-055
Motion authorizing the City Manager to execute Attachment No. 02 to Contract No.
7460005741-99 with the Texas Department of Health in the amount of $92,610 for
tuberculosis prevention and control and expanded outreach services for the period January
1, 1998 to December 31, 1998.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
18.b. ORDINANCE NO. 023231
Ordinance appropriating a grant in the amount of $92,610 from the Texas Department of
Health for tuberculosis prevention and control and expanded outreach services during the
period January 1, 1998 to December 31, 1998; adding $92,610 to the No. 162 Federal/State
Grants Fund -Health Department.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
19. RESOLUTION NO. 023232
Resolution setting a priority number of three for a grant application to be submitted by
Family Counseling Service to the State of Texas, Criminal Justice Division, based upon the
Coastal Bend Council of Governments' requirement for all applicants to have a resolution
from the local governing body designating a priority number.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Minutes
Regular Council Meeting
February 24, 1998
Page 20
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
20. ORDINANCE NO. 023233
Ordinance closing and abandoning a 35.28 -square foot portion of a 7.5 -foot wide utility
easement out of Lot 6, Block 10, Brighton Village Subdivision, subject to compliance with
the specified conditions and the owners, Mr. & Mrs. Getman, replatting the property within
180 days at their expense.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
21.a. M98-056
Motion to substitute new leases with San Antonio MTA, L.P., acting through its general
partner, Primeco Personal Communications, L.P., for antenna leases on the Alameda Street
and Gollihar Street Water Towers.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
21.b. ORDINANCE NO. 023234
Authorizing the City Manager or his designee to execute a five-year lease, with four 5 -year
options to extend, with San Antonio MTA, L.P., acting through its general partner, Primeco
Personal Communications, L.P., for an antenna lease on the Alameda Street Water Tower
in consideration of Primeco paying $700 per month, payable annually and adjusted by CPI
Index every five years.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye."
21.c. ORDINANCE NO. 023235
Authorizing the City Manager or his designee to execute a five-year lease, with four 5 -year
options to extend, with San Antonio MTA, L.P., acting through its general partner, Primeco
Personal Communications, L.P., for an antenna lease on the Gollihar Street Water Tower in
consideration of Primeco paying $700 per month, payable annually and adjusted by CPI
Index every five years.
Minutes
Regular Council Meeting
February 24, 1998
Page 21
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye."
22.a. ORDINANCE NO. 023236
Authorizing the City Manager or his designee to execute Lease No. DTFA07-98-1-01123
between the City of Corpus Christi and the U.S. Department of Transportation, Federal
Aviation Administration, authorizing the lease of property at the Corpus Christi International
Airport for Runway 31 MALSR, ILS (Localizer) and VASI, Runway 13 MALSR, ILS,
(Localizer, GS, MM), VASI, RVR, together with associated access roads and cable routes
in consideration of Federal Aviation Administration operating and maintaining the air traffic
control tower at the Airport.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye."
22.b. ORDINANCE NO. 023237
Authorizing the City Manager or his designee to execute Lease No. DTFA07-98-1-01153
between the City of Corpus Christi and the U.S. Department of Transportation, Federal
Aviation Administration, authorizing use of land at the Corpus Christi International Airport
to construct and operate an airport traffic control tower in consideration of constructing and
operating the air traffic control tower.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye."
22.c. ORDINANCE NO. 023238
Authorizing the City Manager or his designee to approve Supplemental Agreement No. 2 to
Lease No. DTFA07-83-1-0165 between the City of Corpus Christi and the U.S. Department
of Transportation, Federal Aviation Administration, authorizing the use of land at the Corpus
Christi International Airport to install the Runway 35 Touchdown New Generation Runway
Visual Range Facility, and adding Runway 17 Omnidirectional Approach Lighting System,
and Runway 17 VASI/REIL access roads and walkways to the leased premises in
consideration of the Federal Aviation Administration establishing, operating, and
maintaining the air traffic control tower at the Airport; deleting Runway 13 NAVAIDS
Identified as ALS, LOC, GS, and MM together with Remote Transmitter Site No. 1 from
Minutes
Regular Council Meeting
February 24, 1998
Page 22
Supplemental Agreement No. 1 and Exhibits B, C, D, E, and F. All other terms and
conditions of the basic lease except as amended remain the same.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye."
22.d. ORDINANCE NO. 023239
Authorizing the City Manager or his designee to execute Supplemental Agreement No. 1 to
Lease No. DTFA07-97-1-01062 between the City of Corpus Christi and the U.S. Department
of Transportation, Federal Aviation Administration, adding Remote Transmitter Site No. 1
identified in Lease No. DTFA07-83-1-01065 to this lease and canceling Lease No. DTFA07-
93-1-1098, in consideration of Federal Aviation Administration operating and maintaining
the air traffic control tower at the Airport.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 12, Oso Parkway stormwater quality project.
Council Member Martin questioned the engineer's estimate of $105,000 for the project and
the amount of the low bid (the bids ranged from $182,216.95 to $299,853.50). Mr. Carl Crull,
Assistant City Manager for Public Works and Utilities, said the company had also submitted
surprisingly low bids for the Columbus Fleet project. Mr. Martin said he was told there were some
problems with that company finishing the work on the Columbus Fleet project, and Mr. Crull agreed.
Responding to Council Member McNichols, Mr. Crull said the grant is in the amount of
$153,420 and the capital projects fund amount is $102,280. He said he thought this project was
worthwhile because of the information that can be gathered from it. City Secretary Chapa polled the
Council for their votes as follows:
12. M98-048
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$182,216.95 with Duncan Russo for the Oso Parkway Storm Water Quality Demonstration
Proj ect.
Minutes
Regular Council Meeting
February 24, 1998
Page 23
The foregoing motion passed by the following vote: Colmenero, Garcia, B. Longoria, J.
Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and Gonzales absent.
*************
Mayor Neal opened discussion on Item 14, electric franchise audit He said he did not object
to the city auditing any of the franchises, and he asked if there was a policy that the city follows in
that regard.
City Manager Hennings replied that there is quite a variation in the franchises, although
Central Power and Light (CPL) is the largest franchise. He said since there is more money at stake
with CPL's franchise, the city should probably audit a large franchise more frequently. He added that
the Cable Communications Commission has recently been working on a proposal to audit TCI
Cablevision. Mr. Hennings added that since Southwestern Bell has recently changed the basis for
franchise fees, it would be advisable to wait a few years before auditing that company.
Council Member Martin said an audit would not necessarily cost the city any money; it
would depend on how the request for proposals is structured. He said an audit of CPL should
probably have two elements: what the city is paying for the product, and what the rates are being
charged on. Mr. Martin said an audit should be conducted for various reasons, including when it is
believed there is a problem; when a problem has been identified; prior to any franchise renewals; and
otherwise as necessary.
In reply to Council Member John Longoria, Mr. Hennings said an audit is very complex. He
said if the franchise fee is based on gross receipts, as with CPL, the auditor has to review the
company's gross receipts within the Corpus Christi city limits, which he explained. He said the
companies that will agree to conduct an audit on a contingency fee basis will do so if they believe
the franchisee has a practice of under -paying. Mr. Hennings said another complicated factor is the
billing to the city accounts; CPL has a variety of rates it charges to the city. Mr. Longoria requested
additional information about what is entailed in an audit.
Mr. Hennings noted that the city's audit of franchises has, in some cases, revealed serious
under -payments where a company apparently followed a strategy of making under -payments.
Recently, the city was involved in litigation with TCI Cablevision because they chose to make an
interpretation of what constitutes gross receipts which staff knew was erroneous; consequently, TCI
underpaid the city for about 1'/2 years as a company policy Finally, the court ruled in favor of the
city and now TCI has had to change its policy. Mr. Longoria expressed concern about the fees that
an auditor may charge.
Council Member Garcia said if an audit is going to be conducted, it should be performed on
all of the franchises; in addition, a policy should be developed to conduct audits on a regular basis.
Minutes
Regular Council Meeting
February 24, 1998
Page 24
Council Member Gonzales said he thought that auditing companies was good business
practice, and he said he agreed that a policy needed to be developed. Council Member Colmenero
said it has been 10 years since an audit was performed, and it was time to consider another one in
addition to standardizing the process.
City Secretary Chapa polled the Council for their votes as follows:
14. M98-050
Motion directing the City Manager to develop requests for proposals to audit franchise fees
as required by electric utility, telephone, and cable television franchises.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * *
*
**
City Manager Hennings referred to the closed session on the day's agenda regarding City of
Corpus Christi v. Armando Caceres et al, No. 13 -97 -I61 -CV, Court of Appeals, Thirteenth District,
Corpus Christi, Texas. City Attorney Bray distributed a memorandum to the Council and Mr.
Hennings said if the Council concurred with his recommendation that the appeal be dropped, there
would be no need to hold the closed session. There was no objection from the Council.
* * * * * * * * * *
*
**
Mayor Neal called for the City Manager's report. Mr. Hennings said he wanted to provide
the Council with an update on the computer system replacements. He said tomorrow they expect to
finalize the amount of the bond sale, and they have identified two other elements that need to be
replaced: the hand-held computers used by meter readers, and a small computer system that operates
the city's central cashiering function. He said the total project budget at this time is about $9.5
million, plus the cost of issuing the bonds. Mr. Hennings said staff will also begin negotiating
tomorrow with the firm that has been selected for replacing the fleet maintenance system, KPMG.
On February 28th they will begin negotiations with Arthur Anderson, which has been selected to
replace the city's other computer systems.
Mr. Hennings stated further that he could provide the Council with a detailed presentation
on the issue at this time, or they could defer it to the Council Administrative Analysis Committee
(which consists of four Council members) for their meeting at noon tomorrow. Council Member
Martin said if they chose to do that, they should not second guess the committee's decision. Council
Member Betty Jean Longoria, chairperson of that committee, said the committee members have been
receiving very good information from staff on the computer issue. Council Member Garcia said the
Minutes
Regular Council Meeting
February 24, 1998
Page 25
committee members will provide the full Council with copies of all of their information, including
minutes of their meetings. Mr. Martin also told Mr. Hennings (who is retiring in a few months) that
the greatest legacy he can leave city staff is enough money to complete the computer replacement
project. Mayor Neal said the unexpected costs will be in additional manpower costs, which staff
should anticipate now as they prepare the funding for this project, and Mr. Hennings said they would
do that.
Mr. Hennings also referred to a memo to the Council regarding potential connections to the
Lake Texana pipeline. He said there is a provision in the contract the Council approved between the
City of Corpus Christi and the San Patricio Municipal Water District for a possible future tap near
Sinton. At the present time the water district does not have a pipeline there and they would have to
determine whether or not it is a good investment for them. He added that it might be advantageous
for industrial customers to take the water at the Sinton tap because of the issue of water quality. He
also noted that all users pay the same cost for raw water.
The City Manager said there is a provision in the contract with the Lavaca-Navidad River
Authority whereby water users in the Calhoun and Victoria areas could, in the future, make
arrangements to take water from the pipeline. The contract does not provide details on that nor does
it guarantee them any of the water from Lake Texana. He said the thought was that if the city has
excess pipeline capacity, the other users might want to take water from another source and share the
city's pipeline costs. He said staff has had discussions with the Celanese Bishop plant, which is
interested in taking the raw water that they currently take from the Nueces River directly from the
Lake Texana pipeline instead. He added that staff will initiate discussions with the Port Industries
about these and related issues.
Mr. Hennings then reviewed a report to the Council about the public art project planned for
the vicinity of IH -37 and Shoreline Boulevard. The Municipal Arts Commission (MAC) has been
moving ahead on that project and they have, with the Council's concurrence, set aside slightly more
than $200,000 in the Permanent Art Trust Fund from the city's annual budgets. He said the MAC
has selected six artists as finalists for the project, and they want to bring those artists to Corpus
Christi to interview them so they can select the artist.
Responding to Council Member Gonzales, Mr. Hennings said that at least a portion of the
monies in the Permanent Art Trust Fund came from the hotel/motel taxes, for which there are some
restrictions on their use. He said if the Council wanted to consider reallocating the money in the
Permanent Art Trust Fund, staff could conduct the necessary research to determine what amount
would be available.
Dr. Gonzales said he is a strong advocate of the arts, noting that he is an artist and he holds
an art degree. However, he said there are many needs in the city and he finds it difficult to approve
a $215,000 sculpture with that in mind. He added that he would like to place this issue on the
Minutes
Regular Council Meeting
February 24, 1998
Page 26
Council's agenda for further discussion by the Council and the public. Mr. Martin said he agreed that
this issue needs a public airing. Mr. Longoria said he also felt the public should participate in the
discussion, and he added that if a piece of artwork is selected it should be something that people can
enjoy and participate in. Mr. Colmenero said that while it is important to enhance the city, there is
also the issue of frugality. Mr. Garcia said a full airing of the issue was important.
Dr. Gonzales made a motion to place the public art issue on the agenda for the March 10,
1998, Council meeting, seconded by Mr. Garcia. The motion passed.
Mr. Hennings then referred to the outside study of the Police Department. He said they only
received two proposals on that study, and only one was an outstanding proposal In addition, after
the deadline for the proposals, staff was contacted by a company that reminded staff they had put
in a request last June to be placed on the mailing list for any future consulting services, such as law
enforcement or utility systems. Mr. Hennings said for those reasons, he would like to reject those
proposals and re -advertise; in addition, staff will develop ideas to increase participation in the
project. Mr. Martin suggested the Council authorize that action by Mr. Hennings, and there was no
objection to do so.
Mr. Hennings also reported on a minor mishap at the airport, and he noted that there would
not be a Council meeting on March 3, 1998. Items scheduled for the March 10th meeting include:
the bond sale and contracts for the computer systems acquisitions; consideration by some local R.V.
park owners to amend the ordinance to limit parking of campers overnight at the convention center
and coliseum; and the engineering contract for the seawall repair investigation.
The City Manager said the Council had asked staff to schedule a regional meeting to discuss
water issues with county and city officials in the water supply area. He said they are proposing that
meeting be held on March 27th at 11 a.m., which is the same day that the Coastal Bend Council of
Governments (COG) meets. Mayor Neal and Dr. Gonzales said they would not be in town for that
meeting. Mr. Hennings said they could choose another meeting date; the next opportunity to tie in
with the COG meeting would be May 29th.
Mayor Neal congratulated Council Member McNichols, who has been selected to serve on
the new water board. In response to a question from the Mayor, Mr. Hennings said that although Mr.
James Dodson will soon be working with the Nueces River Authority, he will continue to work on
some city water -related projects. He said there were still some details to work out. Mayor Neal said
he would like to further discuss the Allison wastewater diversion project, and he asked that the
upcoming discussion on solid waste include an update on the city's new solid waste facility. Mr.
Hennings and Mr. Crull also briefly reviewed the city's freshwater pass-through requirements for
February.
Mayor Neal called for Council concerns and reports.
Minutes
Regular Council Meeting
February 24, 1998
Page 27
Dr. Gonzales congratulated Mr. Crull on being named Engineer of the Year by the Texas
Society of Professional Engineers-Nueces Chapter.
Mr. Garcia commended staff of Municipal Court for their recent successful audit. He also
asked staff to investigate the lighting on the pier at Cole Park, and he referred to a memo from
Longoria's Radiator & Muffler. Mr. Garcia said citizens have also expressed concern about some
of the lengthy presentations that have been made before the Council. Dr. Gonzales and Mrs.
Longoria suggested limiting the time allotted for presentations, and she said another idea was to
possibly start the Council meetings earlier. Mayor Neal said they might look into limiting the time
of the presentations.
Mr. Colmenero also referred to the issue of Longoria's Muffler shop, adding that it should
be placed on a future Council agenda; Dr. Gonzales echoed Mr. Colmenero's comment and Mr.
Longoria objected to it. Mr. Martin explained that there is a party that believes they had a contract
with the city or, if they did not have a contract, were authorized to proceed under some contract
rates. The city's position is that they did not have a contract with the city. He said the action of the
Council would be whether they want to go on record supporting the position of the City Manager
or directing the issuance of a contract for a certain period of time. Mr. Hennings said he has reached
the point where he has done all he can to resolve the situation to the shop owner's satisfaction, which
Mr. Longoria acknowledged; however, Mr. Longoria said he was going to initiate litigation, which
is where it stands now.
Mr. Martin continued that he had raised this issue probably during the first meeting of this
Council, and he said he thought the city had made a mistake in requiring workman's compensation.
He said the burden of workman's compensation by this muffler shop was put onto the bid, as should
have been anticipated. Mr. Martin said staff then went back, because the bid came in high, and in
essence took workman's compensation off of the bid. He said a significant change in a ruling was
made not based upon a workman's compensation decision but based on a cost decision. Mr. Martin
said the Council probably needed to have a closed session discussion on this issue because it will
involve litigation at some point. Dr. Gonzales said he thought that litigation could be stopped but
they needed to correct the situation.
Mr. Colmenero reported a problem of speeding on Ocean Drive, particularly near the
crosswalk in front of Kid's Place at Cole Park. He also referred to a presentation that representatives
of the Greater Corpus Christi Business Alliance made to the Council last week. He said it would be
preferable for the Council to have some of that information prior to the presentation, such as on the
issue of expanding the convention center. Mayor Neal said he has discussed that issue with the
Alliance and they now have a much clearer understanding of his position --which is that the Council
does not like to read in the newspaper about proposals they have not yet considered. Mr. Martin
noted that the one time in many years that Memorial Coliseum has been filled to capacity, the
newspaper concludes that the city needs a new coliseum.
Minutes
Regular Council Meeting
February 24, 1998
Page 28
Mrs. Longoria referred to the proposed Westside Neighbor Care Center. In response to her
question, Mr. Utter said the site for the original primary health care facility (located on the north
side) was pre -determined from the beginning. For the second facility, staff had investigated the
Village on the Green site, but the Nueces County Hospital District approached city staff and said
they wanted a demographic study to be conducted. Both entities (the city and the hospital district)
have conducted studies and had different conclusions.
Mr. Utter said the Hospital District recently requested that $500,000 in CDBG funds be
moved from this year's funding cycle into next year's cycle, and staff has agreed to recommend that
to the Planning Commission and the City Council. As for the location, the hospital district is
proposing to open a temporary health care facility at Skinner Elementary, and if that proves to be
viable, they would plan to build a permanent facility there in 12 to 18 months. Mrs. Longoria said
the city had little participation in the site selection, and Mr. Utter said city staff gave their best
recommendations.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 7:55 p.m. on February 24, 1998.
*************