HomeMy WebLinkAboutMinutes City Council - 10/20/1998I 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 October 20, 1998, which were approved
by the City Council on October 27, 1998.
WITNESSETH MY HAND AND SEAL, this 27th day of October, 1998.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 20, 1998
2:04 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem John Longoria
Council Members:
Javier D. Colmenero
Melody Cooper
Alex L. Garcia Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
Dr. David McNichols
ABSENT
Edward A. Martin
City Staff:
City Manager David R. Garcia
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 Mayor called for a moment of silence in memory of Council Member Cooper's father,
who passed away that morning. The invocation was delivered by Rev. Daniel Sanchez, Glory Full
Gospel Church, following which the Pledge of Allegiance to the flag of the United States was led
by Council Member Colmenero.
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 Council workshop and regular Council meeting of October 13, 1998. A motion
was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to the presentation on the day's agenda.
Ms. Rosine Runyon, Co -Chair of the Corpus Christi Junior League's Kid's Place project,
explained that in 1992 the Junior League built Kid's Place, which they donated to the city. She said
the time has come to redesign and expand the play area at Kid's Place to make it accessible to all
children, including those with disabilities. She said the estimated cost of the project will range from
$75,000 to $150,000, and the Junior League and the committee heading up the project will be raising
money through grants and donations.
Ms. Lauren Ranly discussed the factors that indicate the need for an accessible play area. Ms.
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Regular Council Meeting
October 20, 1998
Page 2
Runyon said construction is proposed to begin in April 1999, and she said many volunteers will be
needed as they were when Kid's Place was originally constructed. Council Member Gonzales
pointed out that a few years ago the City Council approved funding for Galvan Elementary School
to build a play area that is accessible to handicapped persons, and Ms. Runyon said it is the same
concept that will be incorporated into the Junior League's project. Council Member Colmenero
urged the rest of the Council to volunteer to help construct the new Kid's Place. Mayor Neal
suggested that the organizers explore the possibility of receiving funding through the America's
Promise campaign.
* * * * * * * * * * * * *
City Manager Garcia said he wished to provide a portion of the City Manager's report at that
time regarding the heavy rains which occurred on Sunday, October 18, 1998.
Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, referred to a radar
image showing the intense storm system which dumped several inches of rain (approximately 8 to
11 inches) in Nueces and surrounding counties. He said the city's dispatchers received, and city
crews responded to, 209 calls for service between noon Sunday and noon Monday.
Mr. Crull explained that the city's storm sewer system is designed for a certain year
frequency storm, and when the system fills up, the streets are used as retention areas for the water
until the storm passes and the water can drain out. He said the most calls for service were received
in the area bounded by South Padre Island Drive, Rodd Field Road, Yorktown Boulevard and
Everhart Road, which matched the concentration of rainfall amounts as shown on the radar
The Assistant City Manager said there were some areas which experienced fewer flooding
problems than in the past, such as Leopard/Brownlee, downtown, La Joya, and the Gateway Mobile
Home Park. Mr. Crull noted that S500,000 was included in the FY 97-98 capital improvement
program for evaluation and design of improvements to areas prone to flooding. Funds for
construction are being proposed as part of the FY 98-99 capital budget, which may be presented to
the Council at the next meeting. He said the improvements will be concentrated on alleviating house
flooding in particular.
Mr. Crull said the storm on Sunday did result in inflow and infiltration into the city's sanitary
sewer system. He said staff is in the process of compiling that information for reporting to the Texas
Natural Resource Conservation Commission and the Environmental Protection Agency. He said
those agencies take into account the extenuating circumstance of a heavy rainfall. He further
described other sanitary sewer issues related to the downpour and he noted that street potholes will
result as well. Mr. Crull added that unfortunately most of the rain occurred to the north and east of
the city's watershed, although some short-lived rain did fall there.
Responding to Mayor Neal, Mr. Crull referred to a map of the area and explained that there
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Regular Council Meeting
October 20, 1998
Page 3
is a ditch that runs from Oso Creek which parallels Highway 44 over to Robstown, and it is the
responsibility of the Nueces County Water Control and Improvement District No. 3 to keep that ditch
clean.
Mr. Crull also reiterated his explanation of the street drainage system design. He noted that
the design criteria for the internal drainage systems in subdivisions is for a five-year frequency storm,
and the major ditches are designed for a 25 -year flood event. He said the alternative is for a
developer to spend much more money to build a larger drainage system to handle a 25 -year, 50 -year
or 100 -year storm, but that cost would be passed on to consumers through the lot prices and house
prices. Mr. Crull said there has to be an economic balance in building a drainage system, which is
an issue that all cities face.
Council Member McNichols said the city needs a drainage utility. He noted that a few years
ago the previous City Council asked staff to recommend a way to improve the city's drainage system.
However, staff's recommendation to create a drainage utility and charge certain amounts to residents
and business owners was rejected by the Council; unfortunately, the problem of flooding remains.
He said the Council should ask the staff to bring back (when the City Manager thinks it is
appropriate) a plan for a workable drainage utility that would not be perceived as too expensive. Dr.
McNichols added that most of the time when flooding occurs in the city, it affects neighborhoods
rather than commercial businesses.
Council Member Garcia asked about the situation in the Los Encinos area, which had
experienced flooding previously. Mr. Crull replied that staff had received calls about street flooding
in that area but he did not believe water had gone into any of the houses. Los Encinos Elementary
did have water around the school but it has since drained away.
In response to other questions from Council Member Garcia, City Manager Garcia said the
Police Department tracks and barricades the streets which are impassable due to flooding and that
information is conveyed to the media. Mr. Crull also briefly explained the process staff follows in
logging and responding to calls of flooding from citizens.
Council Member Colmenero asked about proactive efforts to reduce the amount of flooding,
particularly in older neighborhoods. Mr. Crull said the city has issued public service announcements
and implemented a stenciling program to inform citizens about how debris (including grass
clippings) adversely affects the city's drainage system, which flows into the bay. City Manager
Garcia pointed out that in most of the areas where people reported flooding, it was not caused by
clogged inlets but instead by the volume of rain that fell in a short period of time. Mr. Crull also
described the differences between rural road sections and streets with curbs and gutters.
Responding to Council Member Gonzales, Mr. Crull said the budget contains money to
contract the cleaning of storm inlets rather than acquiring another vactor truck and crew. He said
staff is in the process of developing the specifications and going out for bids, about which they will
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Regular Council Meeting
October 20, 1998
Page 4
provide a report. A brief discussion ensued, and Dr. Gonzales said that issue needs to be expedited.
Council Member Betty Jean Longoria referred to the recommendation staff had made a few
years ago regarding the formation of a drainage utility and the resulting appointment of the Drainage
Utility Ad Hoc Committee, which she said ended up becoming very political. However, she said that
as a Council member she feels a responsibility to citizens when flooding occurs. She said there are
bigger problems than just clogged inlets and roadside ditches which the Council needs to address.
Mrs. Longoria said she would support revisiting the issue of the drainage utility.
Dr. McNichols said he had not made a motion regarding a drainage utility but he had asked
that staff review the issue and bring back a recommendation. Mayor Neal pointed out that this
Council had appointed a Stormwater Management Advisory Committee (in December 1997), and
he suggested that staff take this issue to the committee so they can develop a recommendation to
bring to the Council.
Responding to Mayor Neal, Dr. McNichols said the problem arose a few years ago because
the Drainage Utility Ad Hoc Committee concluded that a drainage utility was not necessary and the
issue died. He said the interests of that committee were not consistent with the interests of the entire
community. Mr. Crull pointed out that after the Drainage Utility Ad Hoc Committee made its report
to the Council, and the Council made its decision regarding the drainage utility, the committee
disbanded. He said the Stormwater Management Advisory Committee that is currently in place is
charged with assisting city staff in developing the requirements to meet the NPDES stormwater
permit for water quality. He added that if the Council wished to utilize the Stormwater Management
Advisory Committee to review the drainage utility issue, their charge would have to be amended.
City Manager Garcia said staff could prepare some recommendations on how to proceed with
this issue, including the possible formation of a new committee or broadening the scope of the
existing committee. Council Member Garcia requested historical information about the Drainage
Utility Ad Hoc Committee and the reason they recommended against the formation of a drainage
utility. Dr. Gonzales recommended that a new committee be formed consisting of representatives
from throughout the city to study new data rather than the information previously presented.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Glynn Pugh, 233 Westgate Dr., said he appreciated the dedicated efforts of Council
Member Cooper as indicated by her presence at the day's meeting. He then referred to a petition
from Jose Marroquin, who had asked that the City Council hold a public hearing to determine the
reasonableness of Central Power and Light Company's electric rates. Mr. Pugh said that City
Manager Garcia sent him a letter (included in the Council members' packets) in which he said CPL
representatives had been asked to make a presentation to the Council, which Mr. Pugh argued would
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Regular Council Meeting
October 20, 1998
Page 5
be one-sided. Mr. Pugh said a public hearing should be held allowing "people representatives" to
participate also. He said the Council should act on its own initiative and order a CPL rate hearing
held by the city.
City Attorney Bray replied that at the previous Council meeting, in response to Mr.
Marroquin's complaint, the Council simply asked that a date be set for CPL representatives to come
to the City Council with information about their rates. He said with regard to whether a new rate case
should be initiated, presently there are several proceedings at the Texas Public Utility Commission
(PUC) which affect the appropriateness of bringing a new rate case at this time. Mr. Bray said he has
talked with the city's lawyers in Austin, and they recommend that this request be put on hold for the
time being until it becomes clearer what will happen in some of those PUC proceedings. He said if
it is appropriate, the Cities Steering Committee will bring forth a recommendation to proceed with
a rate case.
Mayor Neal asked who comprises the Cities Steering Committee. Mr. Bray replied that it
consists of representatives of several different cities within the CPL service area from Eagle Pass to
south of San Antonio, through Pleasanton and Victoria, up the coast, and to the Rio Grande River.
Mayor Neal asked if Mr. Bray serves on that committee as Corpus Christi's representative, and Mr.
Bray replied that he does.
Responding to Council Member Garcia, Mr. Bray said the City Council could initiate a rate
reduction case, which the Council has done in the past. He said depending on the cases pending at
the PUC, it is possible they might recommend doing that again. He added that such a case would be
appealed to the PUC, and CPL would be required to reimburse the city for rate case expenses. Mr.
Bray also commented that the time period for a rate case is unclear, and probably any rate reduction
would be put on hold until the PUC ruled on it.
Mr. Jose Marroquin, 2433 Allencrest, recognized the people in the audience who he said
were supporting his case. He said he had provided the Council with evidence that CPL has been
taking advantage of the rate payers and that their rates are among the highest in the nation. He said
the Council members are elected by the people to protect them and to determine what is best for
them, because they have no choice against a monopoly such as CPL.
Council Member Colmenero said CPL's rates have been a topic of much discussion on local
Spanish radio stations. He said there is a legitimate concern which the Council should review. He
said he had asked Mr. Marroquin to bring the Council proof that there is a question concerning
CPL's rate application in various areas of the city. Mr. Colmenero asked city staff to meet with Mr.
Marroquin to obtain additional information, including why there is a fluctuation in the rates.
Council Member Gonzales said that about a month ago (during the September 8"' Council
meeting), he had requested that CPL representatives make a presentation to the City Council to
explain why their rates are so high. He questioned why it has taken them so long to do so, and he said
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Regular Council Meeting
October 20, 1998
Page 6
it is important that the presentation be made during a Council meeting so that it will be on record.
City Manager Garcia said staff had scheduled CPL to make their presentation during the October 20'h
Council meeting; however, staff was advised by Mr. Gonzalo Sandoval that CPL would need
additional time to prepare. They requested that the presentation be delayed until November 10.
Council Member John Longoria said that comments from the audience are not usually
permitted following presentations to the Council. He said he thought the public should be given the
opportunity to respond at that time. Mayor Neal said it would not be a full-fledged rate hearing. City
Manager Garcia said he thought the Council was asking that a public hearing be held, which is
different from a rate hearing. Mayor Neal said he thought that is what the Council was being asked
to do. Mr. Garcia said staff will schedule it as a public hearing.
Ms. Angie Cole said she lives in Beeville although her family lives in Corpus Christi. She
said the hearing being discussed is similar to a town hall meeting. Mr. Garcia said the hearing they
are planning allows the public to participate in the discussion and to hear the presentation.
Mr. Marroquin said he wished to have equal time during the public hearing that will be held.
He said he wanted CPL representatives to explain to him why his rates went up 53% in one month
alone. He added that he is concerned that CPL charges more per kilowatt hour during peak usage in
the summer. Council Member Garcia asked Mr. Marroquin if he was satisfied with the public
hearing process outlined, and whether the city can furnish CPL with the information he had
provided; Mr. Marroquin agreed. Mr. Pugh said the information has already been provided to CPL.
Mr. J.E. O'Brien, 4130 Pompano, said it appeared that the Council was going to take a step
in the right direction, but the longer they postpone action on Mr. Marroquin's request for a rate
hearing, the longer the citizens will continue to pay excessive CPL rates. Mr. O'Brien also said that
about 11/2 years ago the City Council approved an increase in the telephone fees, and citizens were
told that the 50 -cent 911 fee would be discontinued on January 1". However, that fee is still being
charged by the Council of Governments. He suggested that the Council rescind the 50 -cent charge
until the Attorney General issues his opinion. Mr. O'Brien also referred to the discussion regarding
the drainage utility; he asked whether there was a status report on the outlet mall, in which the
contract extension expired last month; and he asked how City Hall fared during the recent rain with
all the leaks it has. He also encouraged the Council members to assist the Junior League with the
Kid's Place project.
Dr. Sam Douglas, 7030 Chiswick Dr., said he had sent a letter to the Mayor with copies to
the Council members concerning the year 2000 computer compliance issue, known as "Y2K." He
questioned whether the city has made preparations to deal with "Y2K." City Manager Garcia replied
that the City of Corpus Christi began preparing for it about 21/2 years ago and has invested millions
of dollars to ensure that its computer systems are year 2000 compliant and up-to-date. He said staff
is preparing a detailed response to Dr. Douglas' letter that he hopes will begin to allay concerns in
the community about the status of the city's preparations for Y2K. Mr. Garcia said the major systems
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Regular Council Meeting
October 20, 1998
Page 7
are in the process of being replaced and now the personal computers are being addressed, as well as
the compliance of the city's vendors.
Mr. Phil Rosenstein referred to Council comments that were made earlier in the meeting. He
said this is not a "new" Council because the majority of the members were present during the
previous term. He said the Council and staff have not kept up with the city's infrastructure as the city
grows, and the public wants the Council to focus on the necessities.
*************
Mayor Neal called for consideration of consent motions, resolutions, ordinances, and
ordinances from previous meetings on Items 2-5. No items were withheld for discussion. City
Secretary Chapa polled the Council for their votes and the following were passed:
2. M98-365
Motion approving the purchase of fifteen light bars, sirens and speakers in accordance with
Bid Invitation No. BI -0025-99 from the following firms based on low bid and low bid
meeting specifications. The equipment is to be used by the Police Department on marked
police patrol sedans and is budgeted in the 1998-99 budget as additional equipment.
Teeco Safety, Inc. Southwest Public Safety
Shreveport, LA San Antonio, TX
Bid Items 1 & 2 Bid Item 3
$15, 547.50 $975
Grand Total of Awards: $16,522.50
The foregoing motion passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria,
J. Longoria, McNichols, and Neal voting "Aye"; Colmenero and Martin absent.
3. M98-366
Motion approving the purchase of 115,000 feet of fiber optic cable with supports and
enclosures in accordance with Bid Invitation No. BI -0013-99 from the following companies,
based on low bid and low bid meeting specifications. The material is budgeted in the 1998-
99 budget for Street Services and the Computer Replacement Project.
Alco Fujikura Ltd. Graybar Electric TW/Anicom
Carthage, TX Corpus Christi, TX Farmingdale, NY
Bid Items I, 2 & 4 Bid Item 3 Bid Item 5
Total: $119,985 $11,999.20 $3,880
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Regular Council Meeting
October 20, 1998
Page 8
Grand Total of Awards: $135,864.20
The foregoing motion passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria,
J. Longoria, McNichols, and Neal voting "Aye"; Colmenero and Martin absent.
4. M98-367
Motion authorizing the City Manager to execute a settlement agreement with H.T.E. Inc., in
which H.T.E. agrees to provide a replacement processor to the City without additional cost
and agrees to sell the City a system to implement cash receipts, miscellaneous accounts
receivable, and land/parcel management modules for a previously agreed price of $470,818.
This purchase is included in the Computer System Replacement Project budget approved by
the Council on March 24, 1998. This action will rescind the approval and authorization to
purchase a replacement processor from Business Integrators Inc., approved by Council on
September 29, 1998.
The foregoing motion passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria,
J. Longoria, McNichols, and Neal voting "Aye"; Colmenero and Martin absent.
5. ORDINANCE NO. 023465
Authorizing the City Manager or his designee to execute a 5 -year lease with South Texas Pop
Wamer Football League for a portion of Bill Witt Park in consideration of South Texas Pop
Warner Football League maintaining the premises and improvements and operating a youth
football program.
The foregoing ordinance passed on second reading by the following vote: Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Colmenero and
Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 6, consideration of funding options for the purchase
of the Garwood water rights.
City Manager Garcia explained that on October 7, 1998, the TNRCC approved the purchase
of 35,000 acre-feet of water from the Garwood Irrigation Company. The City of Corpus Christi has
to pay $14 million within 90 days for the water rights. He said the city has three options to finance
the purchase price: funding from the sale of utility revenue bonds; a combination of the commercial
paper program and utility revenue bonds; or the use of the Public Law Trust Fund and the Choke
Canyon reserve fund.
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Regular Council Meeting
October 20, 1998
Page 9
Mr. Garcia said the first option would involve issuing $14 million in general utility revenue
bonds for a 20 -year term, which would result in an annual debt payment of about $1.1 million at an
interest rate of approximately 4.6%. He said the advantages are that the interest rates are currently
very low and the city has the capacity to issue that amount of debt. The disadvantages are that the
city would incur $221,000 in issuance costs and, over the life of the bond issue, the city would pay
approximately $7.8 million in interest, which would require a water rate increase.
The City Manager said the second option would entail using commercial paper as interim
financing of the $14 million, following which permanent revenue financing would be used for the
length of the term at the then -current interest rate. He said the advantage of that option is that the city
could substantially reduce the initial interest rate that would have to be paid. However, the city
would still incur $221,000 in issuance costs and $7.8 million to $9 million in interest expenses. In
addition, this option would also involve an increase in the water rate.
The third option, explained Mr. Garcia, would involve using a combination of both the Public
Law Trust Fund, which is projected to accumulate to $14.2 million by July 2001, and the Choke
Canyon reserve fund, which has an ending fund balance of approximately $32.7 million. He said the
Choke Canyon reserve would be used to pay the $13.8 million which is currently due for the
Garwood water rights; in addition, the Choke Canyon reserve would be repaid with the proceeds
from the Public Law Trust Fund as monies become available. He said the advantages of that option
include that there are no interest expenses and there would be no rate increase. In addition, the Public
Law Trust Fund would be used for the purpose for which it was intended and the Choke Canyon
reserve fund would be made whole by the year 2001. Mr. Garcia said he recommends this option.
Responding to Council Member McNichols, Mr. Garcia said that using the Choke Canyon
and Public Law Trust funds instead of issuing new debt will save the ratepayers approximately $9.2
million. He said the expense to maintain the Choke Canyon debt is currently in the water rate
increase; rather than ending that obligation in 20 years, it will be ended in 25 years while at the same
time the fund's integrity is maintained.
Dr. McNichols further discussed the Emergency Drought Relief Act of 1996, which allowed
the city to defer payments for five years to the Bureau of Reclamation for the Choke Canyon project.
He said city officials had hoped that a certain portion of the Choke Canyon debt would be forgiven
based on their belief that the system's yield is much less than originally anticipated.
Mr. Garcia said part of the reason he was making this presentation was to demonstrate that
staff has fully explored all of the available options to purchase the Garwood water rights. He said
in addition to the millions of dollars in savings, option three was the only option that would not
result in an increase in the water rate.
Mayor Neal called for comments from the audience, and there were none.
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Regular Council Meeting
October 20, 1998
Page 10
Dr. McNichols made a motion to direct the City Manager to execute funding option #3 using
the Choke Canyon and Public Law Trust funds for the purchase of the Garwood water rights; the
motion was seconded by Council Member Garcia. City Secretary Chapa polled the Council, and the
motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria,
McNichols, and Neal voting "Aye"; J. Longoria and Martin absent. (M98 -367'A)
City Manager Garcia said staff will bring back formal action items to implement the
Council's direction regarding the funding option.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 7, moratorium on permits for construction of
telecommunications towers. He then called for comments from the audience.
Ms. Brooke Sween -McGloin, 3301 San Antonio St., said that although she is a member of
the Planning Commission, she was addressing the Council as an individual. She said she thought the
proposed moratorium was critical to the community in terms of the quality of life and protecting
residents' property values. She said it is important that the Planning Commission be given time to
work with city staff to create an ordinance that is orderly and well developed.
Responding to Council Member Colmenero, Mr. Michael Gunning, Acting Director of
Planning and Development, said this proposal will not affect any existing or pending television or
radio broadcasting licenses through the Federal Communications Commission.
In reply to Council Member Garcia, Mr. Gunning said that in Corpus Christi, cellular towers
are basically unregulated. He said currently there are two wireless communications providers in the
city--Southwestem Bell and U.S. Cellular; PrimeCo, Sprint, and Nextel are making plans to move
into the area. He said during a recent conference sponsored by the wireless communication industry,
the companies indicated that they work better in communities where there are regulations so they
know exactly what the rules are when they begin looking for sites for their cellular towers.
Council Member Garcia said he did not understand the need for the moratorium itself. Mr.
Gunning explained that between 1991 and 1996, 39 cellular tower permits were issued, with only
one in 1997. However, since February 1998, 23 permits have been issued for new cellular tower
sites, many of which are speculative towers. He added that currently there are 23 zoning districts in
the city's zoning ordinance, 12 of which (such as the farm -rural district) do not have height
limitations. He said throughout the city there are many farm -rural or commercially zoned properties
located near residentially zoned properties. The residential properties would be adversely impacted
by the existence of cellular towers adjacent to them.
Following a brief discussion, Mr. Gunning said he anticipates bringing the draft ordinance
to the Planning Commission in late December and to the Council possibly in late January 1999. City
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Regular Council Meeting
October 20, 1998
Page 11
Secretary Chapa polled the Council for their votes as follows:
7. ORDINANCE NO. 023466
Ordinance imposing a 180 -day temporary moratorium on the issuance of building permits
for construction of telecommunication towers.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Garcia voting "No"; Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 8, Greenwood trunk main rehabilitation. He called
for comments from the audience, and there were none. City Secretary Chapa polled the Council for
their votes as follows:
8. M98-368
Motion authorizing the City Manager or his designee to execute Change Order No. 1 with
Jalco Inc., Houston, Texas, in the amount of $384,810.40 for the Greenwood Trunk Main
Rehabilitation Project to replace a portion of the Wooldridge - Williams Road Force Main.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent.
Council Member McNichols said a picture in the agenda packet of the deteriorated force
main is a graphic illustration of the condition of a portion of the city's wastewater system and the
fact that there are millions of dollars in unmet infrastructure needs.
* * * * * * * * * *
*
**
Mayor Neal opened discussion on Item 9, use privilege agreement with Mr. William Yeager.
The Mayor called for comments from the audience.
Mr. William Yeager, 13761 Cayo Gorda Court, referred to the diagram in the agenda packet
illustrating the construction at his home of the retaining wall and privacy fence. He said in preparing
for this construction, he looked at other construction projects in the area as well as on Ocean Drive.
Mr. Yeager added that it is common practice for public right-of-ways to be utilized by property
owners, particularly in people's backyards. He said property owners understand that those areas may
need to be accessed by the utility companies.
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Regular Council Meeting
October 20, 1998
Page 12
Mr. Yeager discussed the location of the wall footing in the right-of-way next to his house,
and his subsequent request that he be allowed to reconfigure the wall footing into a sidewalk at a
later date. He noted that there are no sidewalks in the Padre Isles neighborhood. He said staff told
him that he could not construct a sidewalk for that section because the city is not in a position to
construct sidewalks for the entire subdivision.
Responding to Council Member McNichols, Mr. Crull said that after Mr. Yeager began
construction, he received notice from the city that the construction was encroaching into the public
right-of-way. Since that time, staff has been working with Mr. Yeager on this issue, which Mr. Crull
further explained. He also referred to pictures illustrating the encroachment and dimensions that
would be required for a sidewalk to be built in the right-of-way.
Mayor Neal commented that while the ordinance being proposed was not Mr Yeager's
original plan, it was a compromise solution. City Secretary Chapa polled the Council for their votes:
9. ORDINANCE NO. 023467
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with William Yeager for the right to construct, install and maintain a concrete
retaining wall and wooden privacy fence within the Cumana Drive street right-of-way; and
establishing a fee of $428.00.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Cooper and Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 10, child care and foster care home inspection fee.
There were no comments from the audience. City Secretary Chapa polled the Council for their votes:
10. FIRST READING ORDINANCE
Amending Chapter 23 of the Corpus Christi Code of Ordinances to establish a fee of $35 for
annual health inspections of child care homes and foster care homes as required by the Texas
Department of Protective and Regulatory Services for annual licensing; effective January 1,
1999.
The foregoing ordinance passed on first reading by the following vote: Colmenero, Garcia,
Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin
absent.
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Regular Council Meeting
October 20, 1998
Page 13
* * * * * * * * * * * * *
Mayor Neal announced the closed session pursuant to Texas Government Code Section
551.071 regarding the following: Nancy Gutierrez et al v. Ardys Boostrum, No. 96-5663-D, 105`h
District Court, Nueces County, Texas, with possible action thereon in open session; and regarding
status of pending litigation and claims involving the City of Corpus Christi,
The Council went into closed session.
The Council returned from closed session.
Mayor Neal made the following motion, seconded by Council Member Colmenero, and
passed by a voice vote as follows:
N. M98-369
Motion authorizing the City Manager to execute settlement documents in Nancy Gutierrez
et al v. Ardys Boostrum, M.D., No. 96-5663-D, 105`h District Court, Nueces County, Texas,
for $206,500, as negotiated by the City's attomeys.
The foregoing motion passed by the following vote: Colmenero, Gonzales, B. Longoria, J.
Longoria, and Neal voting "Aye"; McNichols abstaining; Cooper, Garcia, and Martin absent.
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Mayor Neal called for the City Manager's report. Mr. Garcia referred to the Council meeting
calendar for the remainder of the year. He noted that a Council meeting is scheduled for November
24`h, which is the week of Thanksgiving (November 26`h and 27th are city holidays). He said he is
recommending canceling the Council meeting of December 29`h, although a meeting is scheduled
for December 22"d. Also, there is no meeting scheduled for January 5, 1999, because it is the first
Tuesday of the month when a meeting is usually not held.
Council Member Gonzales pointed out that three meetings are scheduled for December and
he asked if the December 22nd meeting can be canceled and two meetings held instead. City Attorney
Bray said the City Charter allows the Council some flexibility in canceling a meeting for cause; in
the past, Councils have canceled meetings around the holiday season. Mayor Neal said there was a
consensus of the Council to not have meetings on the following dates: December 22nd, December
29", and January 5`h. The first meeting of 1999 will be on January 12`h. City Manager Garcia said if
the need arises, the Council has the option of calling an emergency meeting although he does not
anticipate that will be necessary.
Dr. Gonzales asked the City Manager to provide a report on Bayfest. Mr. Garcia explained
Minutes
Regular Council Meeting
October 20, 1998
Page 14
that pursuant to the city's contract with Bayfest Inc., city staff sent Bayfest organizers a break down
of the costs the city had incurred. He said the city departments of Park and Recreation, Street, and
Solid Waste spent approximately $16,000 setting up, taking down, and cleaning up after the event.
In addition, police overtime charges of approximately $23,000 were added to the cost for a total of
about $39,000.
City Manager Garcia said that during the Council workshop regarding charging for special
events, staff had presented a plan which would allow the city to recoup all of its expenses. In the
plan, he said he had proposed a three-year gradual increase of the fees: 50% of the cost the first year,
75% the second year, and 100% the third year. He said he met with the Bayfest organizers that
morning and discussed with them staff's concerns, one of which was a vagueness in the contract
about how "gross receipts" are defined. Mr. Garcia said that while the contract uses the words "gross
receipts" in the text, the definitions of "gross receipts" exclude a number of revenue sources, such
as advertising, sponsorships and other major sources.
Mr. Garcia said that in their discussion that morning, they concluded that Bayfest will
reimburse the city 100% for the costs associated with the Parks, Street, and Solid Waste Services
departments in the amount of $16,000. With regard to police overtime charges, for which Bayfest
has never reimbursed the city in the past, they will pay for 50% of that amount, or $11,000. He said
Bayfest organizers also committed to work with staff to renegotiate the contract to a more equitable
basis, whereby the city will recoup more of its costs at next year's event.
Mayor Neal asked staff for a status report on the stormwater capital projects that had been
authorized in the last capital budget. He said the Council should be given an update on those projects
at least on a quarterly basis until the projects are bid. He also asked staff to determine if Wilma
Drive, which has had substantial drainage problems during heavy rains, is included in any of the
projects.
The Mayor also requested a status report on the Census 2000 Complete Count Committee.
City Secretary Chapa said he met with the three Council committee members. He said approximately
16 people have expressed interest in serving on the Complete Count Committee. He said the three
Council members will meet after the Council session that day to finalize their recommendations,
which they hope to bring back to the full Council next week. Mr. Chapa said they may have to
expand the size of the Complete Count Committee from a maximum of 20 members to a maximum
of 25 members.
Mayor Neal announced that the reapplication for the Corpus Christi Bay Area Minority
Business Opportunity Committee has been completed. He said he spoke with Rep. Solomon Ortiz
about helping the city to get that program funded.
Council Member Garcia said he wished to revisit the stormwater policy prohibiting blowing
grass clippings into the storm drains. He also asked why it appeared that the Bayfest organizers were
Minutes
Regular Council Meeting
October 20, 1998
Page 15
surprised about the police overtime charges. City Manager Garcia said he thought there was a
misunderstanding about the direction that came out of the Council workshop when the special events
costs were discussed. He said he believes the Bayfest organizers thought that even though those costs
were clearly specified in the contract as being recoverable costs, the Council had directed staff not
to recover them.
Mr. Garcia said he felt there was a better understanding after their meeting this morning
about how they will proceed. He said they agreed to settle this year's costs as he had explained
earlier. Also, Mr. Bray and the Park staff will work with the Bayfest organizers to develop a detailed
contract which fully specifies the terms and conditions that will be enforced. He said part of the
problem was that there was an old contract and some provisions were not enforced by practice, while
others were interpreted differently. He said the old contract did not accurately reflect the relationship
between the city and Bayfest.
The City Manager explained what he felt were the results of the September 15`h workshop
on the special events policy. He said the city conducts 130 different events per year and they cannot
have a policy that is fair to all of them because of the wide variety of events. Due to the low cost and
nature of some of the events, the city can afford to not seek reimbursement for its costs. However,
he said there should be a different standard for events which charge the public, generate substantial
revenue, and place a large demand on city resources. He said those standards will be negotiated on
an event -by -event basis.
Mr. Garcia said he has been informing people that when the Council decided not to adopt the
staff recommendation of a uniform special events policy, the Council did not say the city should not
recover its costs. Rather, the Council said that staff should evaluate what is fair for each of the events
and negotiate agreements.
Responding to another question from Council Member Garcia, City Manager Garcia said the
total Bayfest bill they agreed to that day was $27,500, which is about $10,000 more than Bayfest
paid the city last year.
Mr. Tom Utter, Assistant City Manager for Development Services, said the $17,000 the city
received from Bayfest last year was based on 4% of gross receipts. However, that was not the city's
actual cost, which was about $15,000. The City Manager said he understood that Bayfest made
almost $900,000 from this year's event. He reiterated that gross receipts in the Bayfest contract are
limited to gate receipts and concession sales; it does not include advertising, sponsorships, revenues
from the arts and crafts show, and other revenues.
Council Member John Longoria announced that the Corpus Christi IceRays are in first place
in their hockey division. He asked about the Memorial Coliseum roof. Mr. Utter said the roof
painting should be completed next week.
Minutes
Regular Council Meeting
October 20, 1998
Page 16
Council Member McNichols said the City Manager had provided a report about time limits
for zoning case reapplications, which was prompted by a particular recent zoning case. Mr. Utter said
that generally when an applicant withdraws his zoning case, he does not reapply. However, there
have been a few cases where an applicant has withdrawn his case and reapplied within 30 or 45 days.
Dr. McNichols asked if it is worthwhile limiting the time in which applicants can reapply. Mr. Utter
said the Council had already addressed the more crucial issue that when the Council denies a zoning
request, the applicant cannot reapply for one year. He added that staff had no objection to presenting
to the Planning Commission a recommendation regarding limiting the time period for reapplications
for withdrawn zoning cases.
Dr. McNichols then made a motion, seconded by Mr. Garcia, to present to the Planning
Commission a recommendation regarding limiting the time period for reapplications for withdrawn
zoning cases. A voice vote was called, and the motion passed (Cooper, J. Longoria, and Martin
absent).
Dr. Gonzales referred to the Bayfest situation. He said he was out of town when the
workshop was held, but he was told there was only going to be discussion and that no action took
place. City Manager Garcia said there was a full discussion during the workshop about staff's
recommendation to incrementally (over three years) recover the city's costs for special events. He
said staff took Council direction to step back from that policy and to negotiate the special event
contracts individually. City Attorney Bray said that subject matter had been posted and it is valid to
give direction to staff to bring back a proposal to the Council.
Dr. Gonzales said the issue was not brought back to the Council. Mr. Garcia replied that the
reason was they did not change the policy. Dr. Gonzales said he was concerned about an article in
the newspaper in which it was said that Bayfest has a contract but it was not adhered to. Mr. Garcia
said that was a legitimate issue and it is part of the reason why he passed on the full cost of the
contract to Bayfest. He reiterated that the contract, a portion of which he quoted, is ambiguous. A
brief discussion ensued, and Dr. Gonzales emphasized that he thought the issue should have been
brought back to the Council.
Council Member Colmenero reported a problem with high grass on a portion of Naples Street
behind Del Mar College. He said he had also received a letter about a problem with goats on Cole
Street. City Manager Garcia said there was a letter in the City Manager's packet that deals with
revisions of the policy regarding animals in the city limits, specifically as it relates to animal
husbandry programs.
Council Member Betty Jean Longoria referred to the Bayfest issue. She said she remembered
that at the end of the workshop, the City Manager was told to go back and work out an agreement
with the organizers of both Bayfest and Buccaneer Days. She said the Council did not want a policy
that would be applied to all of the events. She said she was disappointed to learn that "gross receipts"
in the Bayfest contract was not what she thought it would mean. She said it is unfair for citizens to
Minutes
Regular Council Meeting
October 20, 1998
Page 17
bear the cost of overtime for police officers during special events. Mrs. Longoria then asked if
Bayfest organizers would have the option of hiring county officers. City Manager Garcia said Bayfest
organizers asked to deal with that specific issue in the new contract.
Responding to Council Member Garcia, Mr. Utter said Bayfest rents the downstairs portion
of the Bayfront Convention Center for their arts and crafts show. In addition, other unrelated events
are still held in the upstairs portion of the convention center during Bayfest.
Mayor Neal said the City Manager should be given an opportunity to continue to review all
of the various processes for special events. He said if the Council is unhappy with where they are
headed, he was sure Mr. Garcia would bring back recommendations on how they can be better
stewards of the city's money.
The Mayor then asked when the capital budget would be brought to the Council. Mr. Garcia
replied that next week staff had planned to present both the capital budget and the recommended
reductions for the operating budget. However, since the same staff members (in the Budget and
Finance Departments) are working on both items, they will be presented at two different meetings:
the capital budget will be presented next week; and the budget reductions will be presented at the
November 10`h meeting.
Mayor Neal suggested that the Council not get involved in a lengthy discussion about the
budget during the same meeting in which a public hearing on CPL rates will be held. The Mayor also
announced that the Jazz Festival will be held at Heritage Park beginning Friday, October 23rd
There being no further business to come before the Council, Mayor Neal declared the Council
meeting adjourned at 5:40 p.m. on October 20, 1998.
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