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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. Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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. Minutes 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. Minutes 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 Minutes 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. Minutes 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. Minutes 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. * * * * * * * * * * * * * 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. * * * * * * * * * * * * *