HomeMy WebLinkAboutMinutes City Council - 01/26/1999I 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 January 26, 1999, which were approved
by the City Council on February 9, 1999.
WITNESSETH MY HAND AND SEAL, this 9th day of February, 1999.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 26, 1999
2:08 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Javier D. Colmenero
Alex L. Garcia Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
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 invocation was delivered by Father Michael Howell, Corpus Christi Cathedral, following
which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper.
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 joint and regular Council meetings of January 19, 1999. A motion was
made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
Planning Commission Park & Recreation Advisory Cmte. TransportationAdvisoryCmte.
William J. Kelly Gerardo Alvarez Harold Palmer
* * * * * * * * * * * * *
City Manager Garcia announced that he was withdrawing Item 13 regarding group health
insurance, saying he will bring it back on February 9, 1999. Mr. Garcia said there are a number of
issues staff needs to explore in more detail.
Council Member Garcia commented that he will not be present during the February 9`h
Council meeting. Council Member Martin pointed out that that would result in six Council members
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Regular Council Meeting
January 26, 1999
Page 2
considering the insurance item (Council Members Colmenero and McNichols abstained from
discussing or voting on the group health insurance during the January 19, 1999 Council meeting).
Council Member Gonzales asked if there was information that could have been obtained
since the previous Council meeting on January 19`h. Mr. Garcia replied that there are some issues
in the current memorandum regarding insurance that staff needs to correct. Mayor Neal confirmed
that the insurance issue will be brought back to the Council on February 9`h.
With regard to the Council's action last week on the insurance contract, Mr. Martin asked
if all the City Manager's options are available despite the postponement of two weeks. Mr. Garcia
responded that staff is proceeding with the insurance open enrollment process because there were
no changes in benefits. City Attorney Bray said that if a motion for reconsideration were possible,
that could only occur at this Council meeting. Mr. Bray added that he did not think that was relevant
in this case because of the certification of funds issue.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Leon Perez, 904 Buford, questioned the Weed and Seed Program. City Manager Garcia
replied that Weed and Seed is a federal program designed to combat juvenile crime in certain high -
crime neighborhoods. He said it is a combination program that funds police overtime as well as
youth activities. In addition, the city is continuing to administer the program locally and it has been
a model for other programs in Corpus Christi.
Mr. J.E. O'Brien, 4130 Pompano, thanked the City Manager for clarifying the issue of $34
million for "post -hurricane debt management" in his most recent transmittal to the Council. Mr.
O'Brien said that amount appears to be a working number for future contingencies. He also
questioned the status of a new bait stand on the L -Head.
Ms. Cruz Colomo, 6138 Camwood, asked if the city's lobbyists have reported on their
activities thus far. Mayor Neal said that information will be provided.
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 3-11. Council members requested that Items 6, 7, 8, and
9 be withheld for discussion. There were no comments from the audience.
City Secretary Chapa polled the Council for their votes and the following were passed:
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Regular Council Meeting
January 26, 1999
Page 3
3. M99-011
Motion approving the purchase of ten sedans for administrative use in accordance with Bid
Invitation No. BI -0069-99 from Padre Ford, Corpus Christi, in the amount of $140,420 based
on low bid. The sedans are to be used by the Police Department and are funded through the
Law Enforcement Block Grant.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
4. M99-020
Motion authorizing the City Manager or his designee to execute a construction contract with
R.S. Black Civil Engineers & Contracting/Machinery & Materials, Inc., a Joint Venture, in
the amount of $135,400 for the O.N. Stevens Water Treatment Plant dual feed redundant
chlorine system 1998.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
5. M99-021
Motion authorizing the City Manager or his designee to execute a construction contract with
Quality Machine & Equipment Co., Corpus Christi, Texas, in the amount of $131,545 for
the O.N. Stevens Water Treatment Plant replace, repair and service flocculator bull gears &
bearings primary & secondary flocculators Nos. 3 & 4.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
10. RESOLUTION NO. 023545
Resolution authorizing resale of twelve properties shown on the attached and incorporated
Exhibit A for a minimum bid equal to bid amount listed in Exhibit A:
A. Legal Description: Lot 11, Block 2, San Simeon Subdivision
Property Location: 4538 Anita Dr., Corpus Christi, Nueces County, Texas
Bid Amount: $10,000.00
B. Legal Description: Lot 1, Block 10, Highway Village, Section #2
Property Location: 10309 Leopard St., Corpus Christi, Nueces County, Texas
Bid Amount: $35,000.00
C. Legal Description: Lot 20, Block 74, Padre Island Section #2
Property Location: 13822 Seahorse Ave., Padre Island - Corpus Christi, Nueces County, Texas
Bid Amount: $2,000.00
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Regular Council Meeting
January 26, 1999
Page 4
10. D. Legal Description: Lot 14, Block 22, Point Tesoro Unit #4
Property Location: 15333 Das Marinas Dr., Padre Island - Corpus Christi, Nueces County, Texas
Bid Amount: $2,300.00
E. Legal Description: Lot 9, Block 233, Padre Island Section #4
Property Location: 15433 Finistre St.., Padre Island - Corpus Christi, Nueces County, Texas
Bid Amount: $2,000.00
F. Legal Description: Lot 17, Block 3, Point Tesoro #1
Property Location: Reales @ Whitecap Blvd., Padre Island - Corpus Christi, Nueces County, Texas
Bid Amount: $2,400.00
G. Legal Description: Lot 16, Block 3, Point Tesoro #1
Property Location: Tesoro Dr. @ Whitecap, Padre Island - Corpus Christi, Nueces County, Texas
Bid Amount: $2,400.00
H. Legal Description: Lot 22, Block 1, Mariner's Cay Unite 2-A
Property Location: Cabana North Ave., Padre Island - Corpus Christi, Nueces County, Texas
Bid Amount: $3,000.00
I. Legal Description: Lot 14, Block 704, Barataria Bay Unit #1
Property Location: 13942 Longboat, Padre Island - Corpus Christi, Nueces County, Texas
Bid Amount: $1,600.00
J. Legal Description: Lot 10, Block 9, Waldron Subd. #2
Property Location: 2529 Dune, Corpus Christi, Nueces County, Texas
Bid Amount: $23,225.00
K. Legal Description: Lots 6 & 7, Block 2, Perry's Estate
Property Location: 1625-1629 Amber Dr., Corpus Christi, Nueces County, Texas
Bid Amount: $4,500.00
L. Legal Description: Lots 11 & 12, Block 3, Flour Bluff Gardens
Property Location: 613-617 June St., Corpus Christi, Nueces County, Texas
Bid Amount: $4,000.00
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
11. ORDINANCE NO. 023546
Amending the City of Corpus Christi Preservation Plan, an element of the Comprehensive
Plan, by adding two appendices that catalog properties that have "HC" zoning designations
and properties that have been designated as potential landmarks; designating twenty-seven
properties as potential landmarks.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye."
************
Mayor Neal opened discussion on Item 6, lighting for ball fields.
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Regular Council Meeting
January 26, 1999
Page 5
Responding to Council Member Betty Jean Longoria, Mr. Dan Whitworth, Acting Director
of Park and Recreation, said this project involves improvements to two different leagues
(International Westside Pony League and Universal Little League). He said there still are
Community Development Block Grant funds available and the league representatives are in the
process of prioritizing projects for funding.
Council Member Garcia asked who would be supervising the lighting project. Mr. Whitworth
said it will be inspected through the city's Engineering Department; in addition, the consultant will
have some inspection responsibilities. Mr. Garcia requested a status report on CDBG projects.
In reply to Council Member Martin, Mr. Angel Escobar, Acting Director of Engineering, said
the engineer's estimate for the lighting project was $135,000, which will result in funds being left
over (since the low bid was $72,888). City Secretary Chapa polled the Council for their votes:
6. M99-022
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$72,888 with Mathieu Electric Company Inc. for lighting improvements to the International
Westside Pony League and Universal Little League ball fields.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 7, improvements at Greenwood and Lindale Centers.
Responding to Council Member Garcia, Mr. Kevin Stowers, Senior Engineering
Contracts/Funds Administrator, said this project was included in the FY 97-98 CDBG program. He
explained that there was additional funding released from the CDBG administrative costs in order
to complete the funding for this project. City Secretary Chapa polled the Council for their votes as
follows:
7. M99-023
Motion authorizing the City Manager or his designee to execute a construction contract with
Winship Construction Inc. in the amount of $205,840 for improvements to the Greenwood/
Lindale Senior Citizen Centers.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
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Regular Council Meeting
January 26, 1999
Page 6
Mayor Neal opened discussion on Item 8, seismic survey on city property in Flour Bluff.
In reply to Council Member McNichols, City Attorney Bray said that under the drilling
ordinance, the Petroleum Superintendent had authority to issue permits for regulatory activities. He
said the difference with this situation is that the company needed to install devices on city property,
which necessitated a use privilege agreement.
Dr. McNichols pointed out that residents in the area are concemed about seismic testing that
has been conducted recently and he asked how this agreement relates to it. Mr. Garcia replied that
this agreement involves the use of cables stretched across the property, which is a different
technology than the explosive charges being used by another company. Mr. Bray added that this
agreement has gone through a specific process, including a public hearing.
Council Member Martin questioned the indemnity clause in the proposed agreement, and Mr.
Bray said it was mistakenly inserted. He said staff should have included the clause which states that
no matter whose negligence it is, the company bears all the cost. He said that change will be
corrected administratively before the agreement is executed. Mr. Martin also asked about pollution
coverage. Mr. Bray agreed that as a general rule, agreements such as this should include that clause.
City Secretary Chapa polled the Council for their votes as follows:
8. ORDINANCE NO. 023543
Ordinance authorizing the City Manager or his designee to execute a use privilege agreement
with Western Geophysical Company Inc. to install, operate, use, repair, maintain, and
remove seismic survey cables on approximately 73.472 acres of city property in Flour Bluff
& Encinal Farm & Garden Tracts, including the Laguna Madre Wastewater Plant, and
drainage easements adjacent to Laguna Shores Road, in consideration of payment of
$734.72.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting
"Aye"; McNichols voting "No."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 9, Bonita Addition final assessment roll.
Responding to Council Member Colmenero, Mr. Escobar explained that at the beginning of
the project, a preliminary assessment roll was prepared. A public hearing was then held and the city
awarded the contract for the street improvements project. As the project progressed, a field
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Regular Council Meeting
January 26, 1999
Page 7
representative met with the property owners in the subject area to determine whether the owner
needed a 10 foot or 12 foot driveway and other specifications. Mr. Escobar pointed out that a higher
rate per linear foot had originally been calculated, while the construction bid came in at a lower rate.
He said the portion of the project that was funded through the CDBG program was released after the
project was accepted and completed and those funds were reappropriated for improvements to the
Greenwood/Lindale Senior Citizen Centers (Item 7).
City Secretary Chapa polled the Council for their votes as follows:
9. ORDINANCE NO. 023544
Ordinance amending Ordinance No. 023189, passed and approved January 13, 1998, by
amending Section 3 to adopt the final assessment roll and assessments to be levied against
the owners of property abutting on the following streets included in the Bonita Addition
street improvements project:
Fig Street - Baldwin to 18th Street
Date Street - Fig Street to Ayers Street
Bonita Avenue - Terrace Street to Ayers Street
Isabel Street - Bonita Avenue to 18th Street
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
12. Case No. 1298-2. Garron Dean: A change of zoning from an "R -1B" One -family Dwelling
District to a `B-1" Neighborhood Business District on Alameda Estates, Block 2, Lot 8,
located on the southeast corner of Walton and Robert Drives.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-1" Neighborhood Business District, and in lieu thereof, approval of an "AB" Professional Office
District. Mayor Neal said he understood that the applicant did not concur with that recommendation.
Mr. Michael Gunning, Acting Director of Planning and Development, explained that when
the Council discussed this case last week, they directed staff to bring back an ordinance that would
identify an area small enough to accommodate a sign on the southwest corner of the property at
Robert and Delano Drives, which would be rezoned to `B-1," while the remainder of the property
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Regular Council Meeting
January 26, 1999
Page 8
would be rezoned to "AB." Mr. Gunning said the applicant is requesting that the southern half of the
property be rezoned to "B-1" and the northern half be rezoned to "AB."
Mr. Garron Dean, 314 Del Mar, said that while he was not totally opposed to the
recommendation to rezone the southwest corner of the property to `B-1," he felt that it limits the
location of his sign to that particular area. He said he also owns the properties adjacent to the rear
of the subject property and to the north, which provide a buffer area.
Council Member Garcia made a motion to close the public hearing, seconded by Council
Member Colmenero, and passed.
Council Member McNichols said he did not have a problem with rezoning the southern half
of the subject property (Lot 8) to `B-1," but he did not want the adjacent lot (Lot 9) to become "B-1"
because of its proximity to residential properties. Mr. Dean said that Lot 9 came with the property
he purchased and he has no immediate plans for it.
Responding to a question from Dr. McNichols, Mr. Gunning said staff feels that rezoning
the southern half of Lot 8 to `B-1" is a reasonable compromise since it limits the encroachment of
"B-1" uses north into the neighborhood.
Dr. McNichols made a motion to amend the ordinance to accept the applicant's request to
rezone the southern half of Lot 8 to "B-1" and the northern half to "AB"; seconded by Dr. Gonzales.
Mr. Chapa polled the Council on the motion to amend Item 12, and it passed by the following vote:
Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye"; Garcia voting "No."
Mr. Chapa then polled the Council for their votes as follows:
12. ORDINANCE NO. 023547
Amending the Zoning Ordinance upon application by Garron Dean, by changing the zoning
map in reference to Lot 8, Block 2, Alameda Estates, from "R -1B" One -Family Dwelling
District to "AB" Professional Office District on the northern half of Lot 8, Block 2, Alameda
Estates; and from "R -1B" One -Family Dwelling District to "B-1" Neighborhood Business
District on the southern half of Lot 8, Block 2, Alameda Estates; and amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols,
and Neal voting "Aye"; Garcia voting "No."
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Regular Council Meeting
January 26, 1999
Page 9
* * * * * * * * * * * * *
13.a WITHDRAWN
O.d:nance app.epriating $282,395 fret.. the -Unreserved Fund Bakt..cc it. th., No. 102
$125,690 fat..:nereascd employee and r,,thee eei.t.ibutiens--te Ileahi. Insurancc it. the N.
138 Gruup IIcalth Tunnd.
13.b. WITHDRAWN
wit „f $11,455,055.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 14, utility system revenue bond sale.
City Manager Garcia said this item involves three separate financial transactions: issuance
of revenue bonds to finance the repair of Wesley Seale Dam ($26.5 million) and refund outstanding
commercial paper (approximately $13 million); forward delivery refunding of the outstanding utility
system revenue bonds (Series 1990); and potential refunding of certain Series 1994 and 1995 utility
system revenue bonds. He said some of the criteria used to evaluate this proposal were that no new
debt would be incurred, that the debt would not be extended, and that real savings would be realized.
Mayor Neal called for comments from the audience.
Mr. J.E. O'Brien referred to the refunding of the Series 1990 bonds, which he said put the
city over $20 million deeper into debt and violated the City Charter, Mr. O'Brien said that the
current interest rates should provide for substantial savings if that debt can be legally refunded. He
also requested a complete explanation of the term "forward refunding." He also said he thought the
amount of the outstanding commercial paper was about $10 million, rather than $13 million. He said
that citizens will pay increased water rates to pay for the financing of the dam repairs.
Council Member Martin said the Council is well aware of the raw water rate increase, which
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Regular Council Meeting
January 26, 1999
Page 10
is borne by all users of the water system, the majority of whom are not city residents. Mr. Martin
suggested that a criteria be included in the refunding that the actual cash affect be analyzed. He asked
if the Council will review that analysis before proceeding further. Mr. Garcia said that if the Council
approves Item 14, staff will seek competitive proposals from a number of underwriters and then
evaluate them before bringing the proposals back to the Council. Mr. Martin requested information
from bond counsel regarding the issue of forward refunding.
City Secretary Chapa polled the Council for their votes as follows:
14. RESOLUTION NO. 023548
Resolution by the City Council of the City of Corpus Christi, Texas, directing the City
Manager to proceed in preparing the necessary documents and taking other measures in
connection with the issuance of utility system revenue bonds.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 15, new chiller for the Police Department building.
He then called for comments from the audience.
Mr. J.E. O'Brien referred to the caption of the proposed ordinance, particularly the phrase
about "transferring and appropriating" the funds from the Combined Utility Systems Fund to the
General Fund. He said the ordinance appears to violate Article IV, Section 3, of the City Charter.
City Attorney Bray said this proposal involves a loan, not a transfer, of funds. He said the transfer
provision was included in the City Charter to prevent the utility funds from subsidizing the General
Fund. He noted that this transaction is a full market value loan, so the utility funds are kept whole.
City Manager Garcia pointed out that the proposal is to replace an electric chiller with two
80 -ton natural gas-fired absorption water chillers. He said this project will serve as a demonstration
project for the Gas Department in the hopes of marketing the gas chiller to other commercial entities.
Responding to Council Member Garcia, Mr. Stowers said the Bayfront Arts and Sciences
Center has a thermal energy storage system which is powered by electric centrifugal chillers.
Council Member Martin asked if the loan will be carried as an asset for the utilities funds,
and Mr. Bray replied that it will be. He reiterated that it is not a transfer of funds. Mr. Martin also
noted that the installation of the gas chiller will provide helpful information as a demonstration
project, as well as a savings of about $15,000 per year.
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Regular Council Meeting
January 26, 1999
Page 11
Council Member McNichols asked about maintenance of the equipment. Mr. Stowers replied
that during the one-year warranty period, Victoria Air Conditioning Ltd. will provide maintenance
on the gas chiller, after which Gas Department employees who have received special training will
maintain the chiller. He said there may be a need to call outside personnel on some major items. He
also further discussed the issue of redundant reliability for the systems at the Police Department
building.
Council Member Gonzales expressed concern about the Victoria -based company's ability
to respond to maintenance calls. A brief discussion ensued and the City Manager said he is
recommending this proposal on the basis that it is the lowest responsible bid. He pointed out that the
next lowest bidder is from Austin and the third lowest bidder is from San Antonio.
Council Member Martin noted that this is not a maintenance contract, which would include
response time as part of the contract. He said Victoria Air Conditioning will be installing the new
system and will be responsible for it during the warranty period. In addition, Gas Department
employees are trained to provide maintenance on the air conditioning chiller. City Secretary Chapa
polled the Council for their votes as follows:
15.a. ORDINANCE NO. 023549
Ordinance appropriating $264,600 from the Unreserved Fund Balance in the Combined
Utility Systems Fund; transferring and appropriating it in the No. 102 General Fund to install
a new air conditioning chiller in the Police and Municipal Court Building, to be reimbursed
to the Combined Utility Systems Fund with interest; amending Ordinance No. 023387,
which adopted the FY 98-99 Budget, by adding $264,600 the Combined Utility Systems
Fund and to the No. 102 General Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye"; Gonzales voting "No."
15.b. M99-024
Motion authorizing the City Manager or his designee to execute a construction contract with
Victoria Air Conditioning, Ltd. in the amount of $243,300 to install a new air conditioning
chiller in the Police Department and Municipal Courts building.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales voting "No."
* * * * * * * * * * * * *
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Regular Council Meeting
January 26, 1999
Page 12
Mayor Neal opened discussion on Item 16, timely completion of airport capital projects.
Ms. Bonnie Allin, Director of Aviation, introduced Mr. Javier Saldivar, Manager of Planning
and Development for the Corpus Christi International Airport, who is heading up the airport's
construction program. Ms. Allin said the FY 1999 appropriation of the aviation improvement grant
program was included in the federal omnibus spending bill, which had an obligation limit of $1.95
billion for the aviation program. However, due to disagreements about specific aspects of the
funding, the bill was reduced to a six-month appropriation of 50% of the total for the year. She said
those funds are to be dedicated by March 1, 1999. In addition, the six-month bill was intended to
cause the issues to be taken up again when Congress reconvenes this month.
Ms. Allin said the FY 1999 entitlement amount for the City of Corpus Christi is
approximately $1.6 million. In the approved financial plan, that entitlement is to be dedicated toward
the terminal reconstruction project. Ms. Allin explained that of the $1.6 million, $1.1 million is to
be received by March 31, 1999. The appropriation for the balance of the fiscal year is needed to
ensure the timely funding of the terminal project. She said the FAA has assured the city that if the
entitlement grant for the first half of FY 1999 is not received by March 31", the funding will not be
lost but rather delayed until the appropriation of the second half of the bill is completed.
Ms. Allin also explained that the opportunity for airports to receive discretionary grants is
very small since the FAA is trying to meet their entitlement obligations for the year, and projects
such as airport terminals are not normally considered for discretionary grants. She pointed out that
the FAA grant program is critical to the continued development of the airport's capital projects.
The Aviation Director described the proposed resolutions, saying that if they are approved
by the Council they will be given to the city's congressional delegation and FAA officials to seek
their support on those issues. She explained how the second resolution pertains to the construction
of a much taller, mid -field replacement air traffic control tower. In mid-December FAA officials
advised the city that the funding for the new tower has been delayed; consequently, the project is not
expected to be completed until at least the year 2007, which would affect the design and construction
of the airport terminal.
Ms. Allin continued that if the FAA is unable to fund the new control tower, the Aviation
Department has offered to build and lease back the new control tower in the same manner as the
current facility. However, a provision in the current legislation prohibits the FAA from entering into
a lease longer than five years. Ms. Allin said representatives from Southwest, American, and
Continental airlines have expressed support for replacement of the tower and have offered to assist
wherever they can.
Mayor Neal asked what options are available. Ms. Allin replied that they can encourage the
FAA in Washington to restore the funding for the control tower so it can be constructed concurrently
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Regular Council Meeting
January 26, 1999
Page 13
with the terminal building, or as closely thereafter as possible. She said another option would be to
construct the terminal to take into account the line of sight of the existing tower, which would
require another one-story terminal facility. She said that option could significantly impact the cost
of the new terminal and limit its design. Ms. Allin said a third option would be to amend the
legislation to allow for a longer term lease with the FAA. She said at this point they need the official
position of the City Council (through the proposed resolutions) so they can proceed to meet with the
congressional delegation to determine the most feasible approach.
Mayor Neal called for comments from the audience, and there were none.
Council Member McNichols said that from the federal government's stand point, a delay in
constructing the tower until 2007 is almost an indefinite delay. He asked if there were other airports
around the country that had similar situations. Ms Allin replied that several other airports have been
affected since the FAA's whole tower replacement program has been delayed because the funding
has been shifted to purchase radar facilities and other equipment. She said she did not know of
another airport that had the same timing constraints and conflicts as Corpus Christi's airport has.
Responding to Council Member Gonzales, Ms. Allin said staff was informed in mid-
December that the timing of the construction of the new control tower had been pushed back to
2007, which caused them to become very concerned.
In reply to Council Member Garcia, Ms. Allin said the FAA has already started the design
for the new control tower, which would have an 18 -month to two-year construction schedule and a
nine-month to 12 -month equipment testing schedule prior to operation of the tower. She also
discussed the timing of the design of the terminal facility. Responding to Council Member
Colmenero, she reiterated that the airlines have expressed their support of restoring the tower's
funding and original construction time frame. She added that in the past when the Council has passed
resolutions requesting grant funding, the congressional delegation has been very helpful.
Dr. Gonzales asked about the cost of the new tower. Ms. Allin said the FAA is estimating
that the tower complex will cost about $14 million. Council Member Cooper asked if there were any
other funding sources to construct the tower. Ms. Allin said there is the option of selling revenue
bonds backed by a long-term lease from the FAA; however, the current legislation prohibits a lease
longer than five years and assistance would be needed on the legislative level to address that issue.
City Secretary Chapa polled the Council for their votes as follows:
16.a. RESOLUTION NO. 023550
Resolution supporting initiatives to fully fund the Federal Aviation Administration budget
for the full 1999 fiscal year and fully fund future fiscal year Federal Aviation Administration
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Regular Council Meeting
January 26, 1999
Page 14
budgets so that long-term planning and adequate funding for the nation's air transportation
system is protected and so that needed capital improvements at Corpus Christi International
Airport can be timely completed.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent.
16.b. RESOLUTION NO. 023551
Resolution supporting initiatives to restore funding to construct a midfield replacement
control tower and terminal radar approach control facility on the original 2001 timeframe.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent.
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Mayor Neal opened discussion on Item 17, program management support services for the
capital improvement program. He then called for comments from the audience.
Mr. J.E. O'Brien questioned whether it was necessary to spend this money to hire a
consultant to oversee other consultants.
City Manager Garcia said this proposal is the result of concerns expressed by Council
members months ago regarding the pace and organization of the city's capital improvement program.
He said it became clear that the Engineering Department was very short-staffed, particularly since
the retirement of the previous Engineering Director last year.
Mr. Garcia said the contract with Day & Zimmermann started out as a way to provide senior
level support to Mr. Escobar to do programming, planning, and cost estimating for the capital
improvement program. He emphasized that the consultants' scope is much broader than what is
being reported by the media; namely, that the firm will work on programming all of the capital
projects, including General Fund projects, utilities projects, and CDBG projects. Mr. Garcia also
discussed specific aspects of the contract summary.
Council Member Martin discussed the structure of the consultant contract. Mr. Stowers said
Day & Zimmermann is prepared to bring in additional specialty personnel during the project. He said
while the contract was prepared based on using the services of one senior engineer for 12 months
at 40 hours per week, that does not preclude the city from utilizing other personnel from their firm.
Council Member Gonzales questioned the phrase in the contract summary that payment for
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Regular Council Meeting
January 26, 1999
Page 15
expenses will be limited to $85 per day per diem "and for those services directed by the City
Engineer." Mr. Escobar said the fee not to exceed $230,000 includes the staffing rate of $100 per
hour for 12 months for the consultant, as well as the per diem. Mr. Stowers said the per diem is for
the consultant's housing, meals, and travel expenses. Mr. Escobar said the phrase "and for those
services directed by the City Engineer" should be eliminated from that sentence in the contract.
Dr. Gonzales commented on specific duties that are to be performed by the program manager,
and he questioned statements in the contract which relieve the program manager of certain
responsibilities and liabilities. Mr. Garcia replied that as the City Manager, he is ultimately
responsible for ensuring that the capital improvement program is completed on time with the quality
the Council expects. He said this contract gives him the tools he needs to complete that task.
Mr. Garcia explained that the staff of Day & Zimmermann specialize in handling complex
projects that have multiple design professionals and engineers working on them, but they will not
be doing the design work themselves. He said the program manager will be tracking the design
process very closely, and if there is a problem, he will go to Mr. Garcia and Mr. Escobar with a
recommendation; however, it will be up to city staff whether they act on it.
Dr. Gonzales continued to express concern about the program manager's liability. City
Attorney Bray said the program manager is not liable for the obligations or performance of the
design professionals themselves; however, liability is not excluded for the scope of the tasks the
program manager undertakes, which are basically broad management tasks. Mr. Bray added that the
city will pay the firm rather than the program manager individually. Mayor Neal pointed out that the
program manager will be overseeing in excess of 100 capital improvement projects.
Responding to a question from Dr. Gonzales, Mr. Garcia said the three engineering
companies that were hired to design three specific road projects are scheduled to deliver their
documents to the Texas Department of Transportation in March.
Council Member Colmenero asked about the vacancies of 11 positions in the Engineering
Department. Mr. Garcia said some of the positions have been vacant for over two years; the former
director retired in August 1998. Mr. Escobar said they have not been able to recruit qualified
personnel at the existing salary ranges, although Item 19 on the day's agenda proposes to amend the
executives' salary ranges.
Mr. Colmenero questioned whether the $230,000 is a fair investment and whether the
consultant's tasks can be completed within one year. Mr. Garcia replied that a consultant from Day
& Zimmermann has already been working for three weeks in the Engineering Department and he
has made substantial progress. In addition, that firm has completed other major projects for the city,
including consulting work at the Corpus Christi International Airport.
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Regular Council Meeting
January 26, 1999
Page 16
Council Member Cooper also expressed concern about the amount of the proposed contract.
Mr. Garcia pointed out that the project manager will be overseeing hundreds of millions of dollars
in capital projects, and the fee for the management services is a fraction of the value of those
projects. He added that the city may terminate the contract with Day & Zimmermann with or without
cause with seven days' notice.
Responding to Council Member Garcia, City Manager Garcia said he agreed that the project
management function should be a permanent part of the Engineering Department. He said the
proposed contract basically involves the firm creating the infrastructure for that function. Mr.
Escobar added that there is a major project section in the Engineering Department which deals with
the water and wastewater projects. He said it is manned by a seven -member team, although two
senior engineer positions on that team have been vacant and the consultant will fill in for those two
vacancies. In addition, the city is phasing the design functions out of the Engineering Department
and focusing instead on project management.
In reply to another question from Council Member Garcia, the City Manager said the
consultant is presently assisting staff in streamlining the request for proposal process and he will be
involved in contract negotiations and tracking, among other tasks. He added that there are substantial
savings that can be realized in the design and change order phases as a result of effective project
management.
Council Member Garcia also asked how this contract will affect the city's budget. Mr. Garcia
pointed out that 90% of the fee will be paid from the Utilities Funds, which are very healthy
financially; 10% or $23,000 will be paid out of the General Fund.
Council Member Betty Jean Longoria said the benefit to citizens is that the projects will be
completed. Responding to a question from Mrs. Longoria, City Manager Garcia said that one of the
reasons staff is recommending Day & Zimmermann is because they do not perform design work in
Corpus Christi --they will be responsible for overseeing the design work of local firms on city
projects.
Dr. Gonzales said that rather than being a temporary solution, this proposal establishes a
permanent project management system and it will help address problems that have existed.
City Secretary Chapa polled the Council for their votes as follows:
17. M99-025
Motion authorizing the City Manager or his designee to execute a contract for program
management support services with Day & Zimmermann Infrastructure Inc. for a fee not to
exceed $230,000 for the City of Corpus Christi capital improvement program.
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Regular Council Meeting
January 26, 1999
Page 17
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols voting "No."
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Mayor Neal opened discussion on Item 18, time limit for withdrawn zoning cases. He called
for comments from the audience, and there were none. City Secretary Chapa polled the Council for
their votes as follows:
18.a. M99-026
Motion to amend ordinance prior to second reading by changing the start date of the twelve
month waiting period to the date of Planning Commission action and changing the review
of the waiver request from the Planning Commission to the City Council.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
18.b. ORDINANCE NO. 023552
Amending Section 30-7 of the Zoning Ordinance, City of Corpus Christi, to set a time limit
on applying for a zoning change after a previous application has been withdrawn after the
public hearing before the Planning Commission.
The foregoing ordinance passed on second reading, as amended, by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
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*
Mayor Neal opened discussion on Item 19, providing for an Executive Pay Plan. He called
for comments from the audience, and there were none. City Secretary Chapa polled the Council for
their votes as follows:
19. ORDINANCE NO. 023553
Amending Ordinance No. 3658 as amended, Section 100, Subsection 103, to provide for an
"Executive Pay Plan." Approval of Ordinance amending Ordinance No. 8127, as amended,
to provide for an "Executive Pay Plan" by adding a new subsection 520, Executive Pay Plan
for FY 98-99, effective January 18, 1999, setting forth minimum and maximum salary ranges
for all positions designated within the Executive Pay Plan as stated in Exhibit A attached
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Regular Council Meeting
January 26, 1999
Page 18
hereto. Approval of Ordinance amending Ordinance No. 8127, as amended, to provide for
a revised "Managerial Group Pay Plan", in Section 500 by replacing Subsection 510,
Managerial Group Pay Plan for FY 1998-99, effective December 7, 1998, with a revised
Managerial Group Pay Plan, effective January 18, 1999, setting forth minimum and
maximum salary ranges for all positions designated within the Managerial Group Pay Plan,
as stated in Exhibit B attached hereto. Approval of Ordinance amending Ordinance No.
8127, as amended, to provide for an "Executive Pay Plan" by amending the following
Sections and Subsections: Section 500, Subsection 509; Section 550, Subsections 551.1,
551.5, 551.7; Section 552, Subsection 552.3; Section 700, Subsections 707.1 and 711;
Section 950, Subsections 951.3 and 951.10 for Leave Plan I Employees, and Subsection
952.8 for Leave Plan II Employees; Section 955, Special Leave, Subsection 955.21, be
amended and moved to Section 700, Special Compensation Provisions, Subsection 712.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye."
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Mayor Neal announced the closed session, pursuant to Texas Government Code Section
551.071, regarding the following: Texas Natural Resource Conservation Commission proceeding
on the City of Corpus Christi Solid Waste Facility (new landfill) Permit Application No. 2269; and
regarding Bryan P. Smith, et al vs. City of Corpus Christi, No. 95-1188-G, 319`h District Court,
Nueces County, Texas, with possible action related thereto in open session.
The Council went into closed session.
The Council returned from closed session.
Mayor Neal made the following motion, which was seconded and passed:
M.2. M99-028
Motion authorizing the City manager to execute documents settling Bryan P. Smith, et al vs.
City of Corpus Christi, No. 95-1188-G, 319`h District Court, Nueces County, Texas, the
terms of which include certain changes to the Police Collective Bargaining Agreement
regarding compensation of police captains and payment of an additional $20,000 as
negotiated by the city's attorneys.
The foregoing motion passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero absent.
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Regular Council Meeting
January 26, 1999
Page 19
Mayor Neal then referred to Item 20, classification of police captain. He called for comments
from the audience, and there were none. City Secretary Chapa polled the Council for their votes as
follows:
20.a. ORDINANCE NO. 023554
Ordinance transferring $39,013 from No. 137 Self Insurance Fund to and appropriating it in
the No. 102 General Fund for increased Captain's pay under the police contract; amending
the FY 98-99 Budget, adopted by Ordinance No. 023387, to increase appropriations by
$39,013 in the No. 102 General Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
20.b. M99-027
Motion authorizing the City Manager or his designee to execute a revision to the Collective
Bargaining Agreement, as negotiated by City representatives and ratified by the Corpus
Christi Police Officer's Association membership, effective August 1, 1998, through July 31,
2000, to amend Article X, Salary and Benefits to read as stated in Attachment I to the motion
by adding the Police Captain classification to the Collective Bargaining Agreement and
deleting it from the Managerial Group Pay Plan in the City's Compensation and
Classification Plan.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
20.c. ORDINANCE NO. 023555
Ordinance amending Ordinance No. 8127, as amended, Section 500, Definition and
Adoption of the Classification Plan, Subsection 510, Managerial Group Pay Plan, FY 98-99,
effective December 7, 1998, and as further amended effective January 18, 1999, if adopted
on second reading by Council on January 26, 1999, or in any case, to provide for deletion of
the Police Captain Classification from the Managerial Group Pay Plan which will be
hereafter covered by the Police Collective Bargaining Contract.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and
Neal voting "Aye."
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Regular Council Meeting
January 26, 1999
Page 20
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*
Mayor Neal called for the City Manager's report. Mr. Garcia discussed the disparity study,
saying that a staff task force has been overseeing the work of the team preparing the study. He
suggested that the Council's Administrative Analysis Committee review the work of the study team;
there was consensus of the Council to do so.
Mr. Garcia said that items scheduled for the February 9th Council meeting include the health
insurance contract and a presentation on the seawall repair recommendations. He said that on
February 16'h the interim report on the police resource utilization study is scheduled. Mr. Garcia
added that Mr. Tom Utter, Assistant City Manager for Development Services, will be giving a
weekly briefing during the Council meetings on legislative issues, although Mr. Utter was in Austin
at the time.
Mayor Neal said he had received a package of legislative items from the president of the
board of Del Mar College, for which they are seeking the Council's support. The Mayor asked the
City Manager to place that issue on an upcoming Council agenda for consideration. Mr. Garcia
referred to the compilation of city department performance reports, which staff will use for initial
input into the budget process. The Mayor then called for Council concerns and reports.
Council Member Martin said the performance reports are an important way for city
departments to measure their progress through a systematic approach. Mr. Martin also questioned
the recent water discoloration that has occurred on the south side. Mr. Garcia said staff has been
trying to regulate the pH of the water; he said he will provide additional information. Mr. Martin
asked about the workshop session on the 1999-2003 capital improvement program, and Mr. Garcia
said it is scheduled for March 9th.
Mr. Martin also referred to the approval of the health insurance contract scheduled for the
February 9th Council meeting. He noted that seven Council members can vote on it (two are
abstaining) and Council Member Garcia had indicated that he will not be present at that meeting. Mr.
Martin said staff needs to review the options on that issue.
Council Member Gonzales said there was a question whether four votes or five votes would
be needed to approve the health insurance contract. City Attorney Bray said four votes would be
needed (he had provided a detailed legal explanation in the agenda support material on that issue).
Dr. Gonzales also referred to the recent situation in which a controversial proposal to raise
certain city fees was reported in the local newspaper before it was brought to the Council for
consideration. He said it is important for the Council to decide the policies that they will consider,
and he noted that the public should have adequate opportunity to discuss the issues. He added that
he will not support the proposal to increase the fees for alarm systems and other fees.
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Regular Council Meeting
January 26, 1999
Page 21
Council Member John Longoria asked what would occur if the health insurance contract
results in a 3-3 vote. City Manager Garcia replied that the bids that were submitted were based on
the specification of a minimum of 12 months, and the current contract with Humana ends on
February 28, 1999. He said staff has not made any provisions for a 90 -day extension of the current
contract, although he said if the Council directs him to do so, he can approach Humana about that
option. He added that the city would probably have to pay a premium for such an extension.
Mr. Longoria discussed ways to save money on the health insurance contract, such as
charging a certain amount for generic prescriptions rather than charging no fee as the current benefits
allow. Mr. Garcia agreed that there are ways to change the city's benefit package that could result
in substantial savings to the city. However, in order to ensure that comparisons of the proposals were
consistent, all the companies bid on the same benefits package. He said the benefits can be changed,
possibly through negotiations with the successful provider, although there are certain restrictions
with regard to the police and fire contracts.
Mayor Neal also referred to the benefits package, noting that Dr. Gonzales had emphasized
the importance of offering a lower-priced option for family coverage for city employees.
Council Member Colmenero said there is proposed legislation in Austin to change the name
of State Highway 44 outside the city limits to the Cesar Chavez Memorial Highway. He asked that
city staff conduct an analysis of the cost of changing the name of Agnes Street within the city limits
to honor Mr. Chavez. City Manager Garcia pointed out that there is a Council policy regarding the
changing of street names, and he said it would take Council action to authorize him to proceed with
Mr. Colmenero's request.
Mr. Bray read from the Council Policies regarding the naming of streets, which states that
"the City Council hereby establishes a policy of declining to change the names of streets in the City
of Corpus Christi except under unusual, extenuating circumstances." Mr. Martin pointed out that the
Council also has a policy which requires that when an individual Council member's request involves
the use of funds, a majority vote of the Council is required. Mr. Garcia said that since Agnes Street
is very long, it will require a substantial effort on the part of the staff to calculate the cost involved
in changing the street's name.
Mr. Colmenero made a motion, seconded by Mrs. Cooper, to ask the City Manager to
provide the Council with the necessary information to see if renaming a street is feasible and cost-
effective to the city, perhaps utilizing the Agnes corridor as an example.
Council Member Garcia asked if there was an organization studying the cost of renaming
Agnes Street. Mr. Longoria pointed out that the Council had passed a resolution supporting the
renaming of State Highway 44 between the city limits of Corpus Christi and Robstown, and that
effort is being headed up in Austin by Senator Carlos Truan. The City Manager said there is a group
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Regular Council Meeting
January 26, 1999
Page 22
advocating the name change but he did not think any entity other than the city can provide a realistic
cost estimate for renaming the street.
City Secretary Chapa polled the Council for their votes on Mr. Colmenero's motion. The
motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, and J.
Longoria voting "Aye"; Martin, McNichols, and Neal voting "No."
Responding to Council Member Garcia, Mr. Garcia said the cost for the department head
retreat to be held February 12-13 is $3,500. He said the retreat will begin the morning of February
12' with a session on customer service training, followed in the afternoon with a session on
preliminary efforts on the FY 99-00 budget. On February 13th there will be a session regarding the
city's response to emergencies.
Council Member Garcia questioned why an area of the SPID access road wall at Kostoryz
is painted. Mr. Ogilvie Gericke, Acting Assistant City Manager, said that is a TXDOT project. Mr.
Garcia also requested information about the Harbor Bridge lights and the traffic signal at FM 624.
In response to another question from Mr. Garcia, the City Manager reiterated that the health
insurance benefits will remain the same. Council Member Garcia added that citizens had complained
about the possibility of raising the fee for animal traps.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 5:40 p.m. on January 26, 1999.
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