HomeMy WebLinkAboutMinutes City Council - 03/30/1999I 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 March 30, 1999, which were approved by
the City Council on April 13, 1999.
WITNESSETH MY HAND AND SEAL, this 13th day of April, 1999.
9 77
,e -
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 30, 1999
2:27 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 Richard Speer, St. Andrews Episcopal Church,
following which the Pledge of Allegiance to the flag of the United States was led by Council
Member McNichols.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting. Mayor Neal called for approval
of the minutes of the regular Council meeting of March 23, 1999. A motion was made and passed
to approve the minutes as presented.
************
*
Mayor Neal referred to Item 3 on the day's agenda, a resolution commemorating the life of
Mr. Oveal Williams. The Mayor read the text of the resolution outlining the many accomplishments
of the late Mr. Williams, including his involvement with the Senior Community Services Advisory
Committee, the NAACP, and St. John's First Baptist Church.
Council Member Garcia made a motion to approve Item 3, seconded by Council Member
Betty Jean Longoria. The Mayor called for a voice vote on the motion and it passed. Mr. Garcia
suggested that all of the Council members' signatures be included on the official resolution, and the
Mayor agreed. Mrs. Longoria also suggested that a framed copy of the resolution be placed next to
Mr. Williams' portrait, which hangs in the senior citizens center named in his honor. Council
Member Cooper said Mr. Williams was a beloved member of the community.
Mr. Henry Davis, Rev. William Pullam, and Ms. Elsa Munoz, Superintendent of Senior
Community Services, received the resolution and thanked the Council for recognizing Mr. Williams.
Minutes
Regular Council Meeting
March 30, 1999
Page 2
3. RESOLUTION NO. 023594
Resolution commemorating the life of Mr. Oveal Williams.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
* * * * * * * * * * * * *
The next presentation was made by Mr. Sam Watts, Vice President of ASA/Delta
Connection, and Mr. Jeremy McCormick, local station manager, regarding the new non-stop jet
service from Corpus Christi to Atlanta, Georgia, beginning May 151. It was pointed out that the new
service will also enable passengers to connect to over 800 flights a day at the Atlanta airport,
including international destinations. Mayor Neal thanked the airline's representatives as well as the
Aviation Department staff and the members of the Airport Advisory Board.
The last presentation was made by Mr. Tom Utter, Assistant City Manager for Development
Services. He announced that the City of Corpus Christi has received its permit from the Texas
Natural Resource Conservation Commission (TNRCC) for the new Cefe F. Valenzuela Municipal
Landfill. Mr. Utter referred to a map of the landfill site and he described the history of the project,
which was initiated in 1989. He noted that the landfill, which will be in operation at least 85 years,
is the largest area ever permitted in Texas for that purpose; also, it is one of the few that has been
permitted with no opposition. Mr. Utter recognized numerous agencies and people who participated,
including those who were present at the Council meeting. Council members commented on the
successful completion of the permitting process.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jose Marroquin, 2433 Allencrest, said it would be beneficial for the city to join in the
lawsuit against Central and Power Light Company regarding franchise taxes.
Mayor Neal recognized Mr. Cefe Valenzuela, who thanked the Council for the honor of
having the new landfill named after him and he congratulated all the people involved in obtaining
the permit for the facility.
Mr. Mike Baker, 4641 Gayle Circle, referred to a news story last week on KIII-TV about the
use of the Sidbury House in Heritage Park. The news story indicated that the Junior League would
not be using the house and that it may be used as offices for the city's Park and Recreation
Department. Mayor Neal replied that they will look into that situation.
Minutes
Regular Council Meeting
March 30, 1999
Page 3
Mr. Tony Hartwell, 1717 8th St., commented on the three major projects that Nueces County
officials discussed at last week's City Council meeting. Mr. Hartwell said the city needs to address
several of its own projects, including the dam, the seawall, city streets, water pressure and color,
adequate parking at Cole Park, and beach trash.
Mr. J.E. O'Brien, 4130 Pompano, thanked Council Member Martin for getting the City
Attorney to state that the city does not own the pipeline. Mr. O'Brien read from the Attorney
General's Handbook regarding the planned closed meeting on the acquisition of the Regional
Transportation Authority property at Six Points. He questioned whether the Mayor should recuse
himself from that meeting, saying there could be a perception problem because the RTA Executive
Director made a campaign contribution to the Mayor. Mr. O'Brien also questioned whether the City
Manager has a change order for about $500,000 for Council action after the election concerning the
year 2000 problem in the Utilities Department.
Mr. Bill Ward thanked the Mayor and Council members for a great year, saying that the city
is moving in the right direction.
Mr. R.F. Hasker, 1813 Wallace, commended Council Member Gonzales for questioning
aspects of a public opinion poll paid for by Naismith Engineering as part of their work on the major
Nueces County projects.
* * * * * * * * * * * * *
Mayor Neal announced the two closed sessions as follows: pursuant to Texas Government
Code Section 551.071, regarding City of San Juan v. Central Power and Light Company, No. C-
2510 -96-F, 332"d District Court, Hidalgo County, Texas, with possible action related thereto in open
session; and closed session pursuant to Texas Government Code Section 551.072 regarding
acquisition of the Regional Transportation Authority property at Six Points.
The Council went into closed session. *Council Member Martin arrived at 3:30 p.m.
The Council returned from closed session. Mayor Neal opened discussion on Item 2, action
determining whether the City of Corpus Christi will participate in City of San Juan v. Central Power
and Light Company, No. C -2510-96-F, 332nd District Court, Hidalgo County, Texas. He then called
for comments from the audience.
Mr. Gonzalo Sandoval, President and General Manager of CPL, said that CPL has always
paid municipal franchise fees in accordance with the language of the franchise ordinances. He said
they follow the mandate of the Public Utility Commission (PUC) of Texas by collecting the franchise
fees from their customers and passing those monies straight through to the cities on a monthly basis.
Mr. Sandoval said CPL neither makes money nor loses money on the franchise fees.
Minutes
Regular Council Meeting
March 30, 1999
Page 4
He went on to say that due to the written agreement that CPL has with the cities and the PUC,
in the unlikely event that CPL will lose the lawsuit in question, it is CPL's opinion that any court
judgment would be passed through to their customers. Mr. Sandoval said the Council needs to make
a decision about whether to opt in or out of the lawsuit. He said their vote would not be for or against
CPL but rather it is about whether the citizens of Corpus Christi could be paying more on their
electric bills for a franchise fee.
Mr. Sandoval also discussed a rigid, binding agreement that city staff negotiated with CPL
under the direction of the City Council, which he has signed and which is underwritten and signed
by officials of CPL's parent company, Central and South West Corporation. He said the agreement
guarantees equal treatment on franchise fee calculations to the city if the Council votes to opt out of
the lawsuit and if CPL were to lose a final, non -appealable judgment. He said of the 128 cities in
CPL's service area, at this point 80 cities have voted to opt out of the lawsuit.
In response to Council Member Garcia, Mr. Sam Dalton, of the law firm of Vinson and
Elkins (which represents CPL), said that if Corpus Christi does participate in the lawsuit, it is
mandated by the Docket 4400 order --which was signed by the PUC pursuant to a stipulation between
CPL and the cities --that they pass those amounts through and collect them from the ratepayers.
Replying to Council Member Cooper, Mr. Dalton said the lawsuit alleges that CPL has
underpaid franchise fees --that they have not paid on all of their gross receipts, even though the
franchise agreements say gross receipts from the sale of electricity within the cities. He said CPL has
no incentive to underpay, adding that the current status of the PUC order allows them to collect from
the ratepayers all the franchise fees they pay to the cities. He said if parties intervene at the PUC on
CPL's contention that they can pass a judgment through to the ratepayers, eventually the PUC will
have to make a ruling to that effect. Ms. Cooper expressed concern that if Corpus Christi opted into
the lawsuit and a judgment was issued against CPL, current ratepayers would have to make up for
what was not charged to ratepayers for the last several years. Mr. Dalton said that was a possibility.
Ms. Cooper asked what Corpus Christi would gain by opting into the lawsuit. Mr. Dalton said
in that situation there would be no agreement with CPL. City Attorney Bray replied that if the city
does opt in, there is the possibility it can recover revenues that can be used for city purposes. He said
the main question is whether the lawsuit will be as successful without the City of Corpus Christi's
participation.
In response to Council Member Gonzales, Mr. Dalton said if Corpus Christi opts out, CPL
would be willing to support a position coming from the city that it did not participate in the lawsuit;
consequently, the citizens of Corpus Christi should not have to bear the burden of it. He said under
the current PUC order they still would but CPL would be willing to talk about that. Dr. Gonzales
asked if there is a possibility that the PUC would say that the ratepayers would not have to pay for
the judgment but the shareholders would. Mr. Dalton said that is also a possibility but it would be
a change in the status quo in the current order.
Minutes
Regular Council Meeting
March 30, 1999
Page 5
Mr. Dalton added that in 1982 several cities (including Corpus Christi) went to CPL with a
proposal to have the ratepayers share the burden of the franchise fees that are paid to the cities. An
agreement was entered into by CPL and approved by the PUC. Mr. Dalton stated that the lawsuit
seeks to expand the franchise fees beyond gross receipts from the sale of electricity, which CPL
believes is contrary to the provisions of the franchise ordinance. A brief discussion ensued.
In reply to other questions from Council Member Garcia, Mr. Dalton said that if the city
opted out of the lawsuit it would have more choices, including allowing Corpus Christi to file its
own lawsuit. He also explained that in the PUC docket, CPL only collects from the ratepayers based
upon their base rates and fuel charges, which is the same as sale of electricity or kilowatt hour sales.
With regard to passing through to the ratepayers the legal fees incurred, Mr. Dalton said he did not
know the definite answer to that question.
Ms. Cooper reiterated that she did not want to do anything that could impose a "hidden tax"
or fees on the ratepayers. Mr. Dalton said that in the agreement, City Attorney Bray specifically
included language that is contingent upon a demand by the city for the payment.
Council Member Colmenero noted that the city had a settlement agreement lasting through
the year 2003, which means that the merger stipulation would remain intact. Mr. Dalton also
explained that the fees that CPL is allowed to collect are based upon the payments made on a current
basis. He said if there is a judgment in the case and CPL pays that judgment, they contend that that
is a current payment and they are in turn allowed to adjust the collection factors to collect those
amounts from the ratepayers.
Responding to Council Member Betty Jean Longoria, Mr. Dalton described what CPL
believes would be the benefits to Corpus Christi if it opts out of the lawsuit. He also discussed the
importance of Corpus Christi's decision regarding the lawsuit in relation to the other cities involved.
Council Member John Longoria said the only way to guarantee that any potential judgment
will not be passed through to the ratepayers is to opt out of the lawsuit.
Mayor Neal asked how long it would take to reach a non -appealable judgment. Mr. Dalton
said the class counsel and he agree that it could take four to five years. The Mayor then called for
additional comments from the public.
Mr. Jose Marroquin said the only entity that should be liable for the franchise taxes that were
not collected is CPL, not the ratepayers. He said the City Council should vote to opt into the lawsuit,
particularly since it is such a large city in CPL's service area. He added that the cable company
itemizes its franchise tax.
Mr. J.E. O'Brien said there has been practically no media coverage on this issue, and he
expressed concern that the Council is making a decision about it at the last minute.
Minutes
Regular Council Meeting
March 30, 1999
Page 6
Mr. Ramon Garcia, class counsel, said the Council members have a responsibility to be the
caretakers of city property. He said city property is being used by CPL for a profit and they do not
want to pay the city for that use. Mr. Garcia discussed elements of the lawsuit, saying that it is a
property rights case. He said that according to the lawsuit, CPL is not paying the city 4% as required
in the ordinance and they want to have the right to audit CPL's records to ensure that the city is
receiving the right franchise tax.
Mr. Adam Poncio, an attorney representing the plaintiffs, said there is a potential recovery
to the City of Corpus Christi of at least $20 million. He said they believe and the Office of the Public
Utility Counsel has determined that there will not be a pass-through to the ratepayers. He agreed that
if Corpus Christi opts into the lawsuit it becomes a stronger case for all the ratepayers in CPL's
service area. Mr. Poncio added that CPL has historically underpaid the franchise fees and has not
paid franchise fees on third -party revenues that it is profiting from.
Ms. Cooper said that if the potential award of $20 million is to be gained from the city's
ratepayers, she would choose not to impose that on them.
Ms. Rebecca Martinez, another attorney representing the plaintiffs, said they believe that the
best alternative for the taxpayers in Corpus Christi is to opt into the lawsuit, particularly since there
may be a judgment of approximately $20 million against CPL. She added that the Council has been
advised of an equitable doctrine that may be applied by the PUC, but she said both sides agree that
they can only speculate about what the PUC will do.
Mr. Daniel Lawton, a consultant with the plaintiffs, said that if Corpus Christi opts to join
the lawsuit, and it is awarded a judgment of $20 million, and the PUC says it will be passed through
to the ratepayers, Corpus Christi then has the option of not accepting the money. If the PUC says it
will not pass through the judgment, Corpus Christi has the option of benefitting from it. He added
that they would not have taken this case if they did not believe that CPL's shareholders would have
to pay.
Mayor Neal read the following motion: Motion approving the agreement negotiated by the
City of Corpus Christi's attorneys with Central Power and Light Company wherein the City agrees
that it will not participate as part of the class of plaintiff cities in City of San Juan v. Central Power
and Light Company, No. C -2510-96-F, 332nd District Court, Hidalgo County, Texas, and CPL agrees
that if said suit is successful it will pay to the City upon demand any underpayments of franchise fees
utilizing the same methodology as employed in the lawsuit, and CPL further agrees that the City
retains its right to initiate its own litigation regarding franchise fees.
Council Member Martin made the motion as stated above, seconded by Council Member
McNichols. City Secretary Chapa polled the Council for their votes and the motion failed to pass by
the following vote: Cooper, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero,
Garcia, Gonzales, and B. Longoria voting "No."
Minutes
Regular Council Meeting
March 30, 1999
Page 7
Mayor Neal then read a second motion: Motion determining that the City of Corpus Christi
should not participate as part of the class of plaintiff cities in City of San Juan v. Central Power and
Light Company, No. C -2510-96-F, 332nd District Court, Hidalgo County, Texas, and directing that
the City Manager and City Attorney execute and file all documents necessary for Corpus Christi to
opt out of said lawsuit.
Mr. Martin made the second motion, seconded by Ms. Cooper. Mr. Chapa polled the Council
for their votes as follows: Cooper, J. Longoria, Martin, and McNichols voting "Aye"; Colmenero,
Garcia, Gonzales, and B. Longoria voting "No." Prior to casting his vote, Mayor Neal asked that if
Corpus Christi opts out of the lawsuit with no contract with CPL, the city would have no protection
at all. Mr. Martin said the city could always go back because it has the right to sue. City Manager
Garcia replied that the city would not have the protection that the contract affords. The Mayor then
voted "No" against the motion, and it failed to pass.
Mayor Neal read a third motion: Motion determining that the City of Corpus Christi should
participate as part of the class of plaintiff cities in City of San Juan v. Central Power and Light
Company, No. C -2510-96-F, 332nd District Court, Hidalgo County, Texas, and directing that the City
Manager and City Attorney execute and file all documents necessary for Corpus Christi to
participate.
Mr. Chapa polled the Council for their votes and the motion failed to pass by the following
vote: Colmenero, Garcia, Gonzales, and B. Longoria voting "Aye"; Cooper, J. Longoria, Martin,
McNichols, and Neal voting "No."
Mayor Neal asked what the next step is, and the City Manager said the city has to take a "No"
position on the lawsuit.
* * * * * * * * * * * * *
Mayor Neal called for a short recess.
* * * * * * * * * * * * *
Upon reconvening, the Mayor recessed the regular Council meeting for the meeting of the
Corpus Christi Community Improvement Corporation.
* * * * * * * * * * * * *
Mayor Neal reconvened the meeting and called for consideration of consent motions,
resolutions, ordinances and ordinances from previous meetings on Items 3-12. Council members
requested that Items 6 and 7 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:
Minutes
Regular Council Meeting
March 30, 1999
Page 8
4. M99-082
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $60,500 with Bracco Construction Company for the water distribution system
elevated tank control valves - 1999.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
5. M99-083
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $40,205.50 with Reese Contracting Inc. of Corpus Christi, Texas for the
Master Channel 31 improvement project near the intersection of Rodd Field Road and
Airline Road.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
8. ORDINANCE NO. 023596
Ordinance authorizing the City Manager or his designee to execute up to a one-year lease
with Smarte Carte for approximately 15 square feet of terminal space to operate a self-service
baggage cart and storage locker rental concession at Corpus Christi International Airport on
a month-to-month lease for up to 12 months in consideration of lessee paying 7% of self-
service baggage cart monthly gross revenue and 5% of self -serve storage locker monthly
gross revenues.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting
"Aye"; Martin absent.
9. ORDINANCE NO. 023597
Ordinance authorizing the City Manager or his designee to execute up to a one-year lease
with Brant's Place Inc. dba Riviera Red's Seafood for approximately 215 square feet of
terminal space to operate a frozen seafood and allied specialties concession at Corpus Christi
International Airport on a month-to-month lease for up to 12 months in consideration of
lessee paying 6% of the first $20,000 of monthly gross revenues, 10% of the next $20,000
of monthly gross revenues, and 15% of all monthly gross revenues in excess of $40,000.
An emergency was declared and the foregoing ordinance passed by the following vote:
Minutes
Regular Council Meeting
March 30, 1999
Page 9
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting
"Aye"; Martin absent.
10. Case No. 299-4 C.W.S. Communities Trust: A change of zoning from an "I-2" Light
Industrial District to a "T -1B" Manufactured Home Park District on Bohemian Colony
Lands, Section 8, Lot 8, located on the east side of Ayers Road, approximately 530 feet south
of Holly Road.
ORDINANCE NO. 023598
Amending the Zoning Ordinance upon application by C.W.S. Communities Trust, by
changing the zoning map in reference to a 46.40 acre tract out of Lot 8, Section 8, Bohemian
Colony Lands, from "I-2" Light Industrial District to "T -1B" Manufactured Home Park
District; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting
"Aye"; Martin absent.
11. ORDINANCE NO. 023599
Ordinance closing and abandoning a 647 -square foot utility easement out of Lot 15-R, Block
10, Bayview No.3, subject to compliance with the specified conditions, and the owner,
Susser Holdings II, L.P., replatting the property within 180 days at the owner's expense.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting
"Aye"; Martin absent.
12.a. M99-088
Motion to amend ordinance prior to second reading by allowing for assignment of the lease
to Robert A. Nelson and Sandra R. Nelson upon sale of subject property.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent,
12.b. ORDINANCE NO. 023600
Authorizing the City Manager or his designee to execute a 60 -year lease with Robert J. and
Lois C. Johnston, to occupy 414.82 -square feet of the existing Cordula Street right-of-way
Minutes
Regular Council Meeting
March 30, 1999
Page 10
with an existing wooden privacy fence and a portion of the poolside concrete patio;
establishing a fee of $400 as payment for the first five-year lease increment.
The foregoing ordinance passed on second reading by the following vote: Colmenero,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Martin absent.
*************
Mayor Neal opened discussion on Item 6, additional grant for the 78415 ZIP code projects.
Council Member John Longoria commented positively about the additional monies, and he
suggested that the Director of Park and Recreation make a presentation in the near future about
upcoming summer programs. City Secretary Chapa polled the Council for their votes as follows:
6.a. M99-084
Motion authorizing the City Manager or his designee to execute a contract amendment with
the Texas Department of Protective and Regulatory Services for additional funding in the
amount of $32,600 for the Community Youth Development Grant for the 78415 ZIP code
for projects as recommended by the Corpus Christi Community Youth Development
Committee.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
6.b. ORDINANCE NO. 023595
Ordinance appropriating $32,600 from the Texas Department of Protective and Regulatory
Services in the No. 1060 Federal/State Grants Fund to fund the approved 78415 youth
service programs.
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."
6.c. M99-085
Motion authorizing the City Manager or his designee to execute a subcontract amendment
with the City of Corpus Christi -Park & Recreation Department to amend the current
subcontract from $55,942 to $71,133.10 to fund additional youth programs under the
Community Youth Development Grant.
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Regular Council Meeting
March 30, 1999
Page 11
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
6.d. M99-086
Motion authorizing the City Manager or his designee to execute a subcontract with the
Corpus Christi Independent School District for $14,050.85 to provide services within the
78415 ZIP code area for a summer academic camp at Fannin Elementary School.
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, Weed and Seed grant.
Responding to Council Member McNichols, City Manager Garcia said this is a federal grant
which has no requirement for matching funds; however, the state grants generally have a matching
fund requirement which increases over time. Dr. McNichols suggested that the city request that
federal officials considering investing surplus monies into programs like Weed and Seed. Ms. Pat
Eldridge of the Police Department said they will submit a letter to that effect with the grant
application. City Secretary Chapa polled the Council for their votes as follows:
7. M99-087
Motion authorizing the City Manager to submit a grant application in the amount of
$100,000 in asset forfeiture funding to the U.S. Department of Justice, Office of Justice
Programs, Executive Office for Weed and Seed, for support in both Weed and Seed Site 1
and 2.
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 the public hearing on Item 13, telecommunication tower ordinance. He
asked if there was any public comment in opposition to the proposed ordinance, and there was none.
Council Member Martin made a motion to close the public hearing, seconded by Council Member
Betty Jean Longoria, and passed.
Responding to Council Member Garcia, Mr. Michael Gunning, Acting Director of Planning
and Development, said that right now telecommunication towers (cell towers) are not specifically
Minutes
Regular Council Meeting
March 30, 1999
Page 12
identified as a use under the zoning ordinance. He said the ordinance has been interpreted to allow
cell tower use to go into any zoning district as long as it meets the height limitations of that zoning
district. There are 27 different zoning districts, of which 11 have no height regulations at all. Mr.
Gunning added that Corpus Christi is one of the few major cities in the state which does not have
effective cell tower regulations.
Mr. Gunning went on to say that in the process of developing the proposed regulations, city
staff worked closely with cell tower industry representatives, who are basically in concurrence,
although they would like adjustments made in some of the language of the ordinance. He and Mr.
Jay Reining, Assistant City Attorney, further explained some specific aspects of the regulations,
including consulting fees. Council Member Garcia asked Mr. Gunning if the regulations would
hinder future business, and Mr. Gunning said it would not.
In reply to Council Member Colmenero, Mr. Gunning said staff did not change any of the
regulations that are currently in place for amateur radio antennas --they are the same ones that have
been in place for a long time. Mr. Colmenero also asked about abandoned antennas, and Mr.
Gunning said the language in the proposed ordinance is standard language used by other cities. He
said the time frame in that provision can be adjusted downward if the Council wishes. He added that
under the 1996 Telecommunications Act, the city is prohibited from regulating any aspect of the
frequencies that the operators use; the only thing the city is allowed to regulate is the placement,
location, and height of towers.
City Secretary Chapa polled the Council for their votes as follows:
13. FIRST READING ORDINANCE
Amending the Zoning Ordinance of the City of Corpus Christi regarding telecommunications
towers.
The foregoing ordinance passed on first 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 14, terminal reconstruction concept. He called for
comments from the audience, and there were none.
Ms. Bonnie Allin, Director of Aviation, said the airlines, the airport's other tenants, and the
Airport Advisory Board have endorsed the concept. She said the proposal stays within the
established budget, it improves services to the airport's customers, and it meets their tenants'
operational and efficiency needs.
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Regular Council Meeting
March 30, 1999
Page 13
Ms. Allin then introduced Mr. Tom Mertens, Project Director with Day & Zimmerman for
this programming effort; Mr. Glenn Dionne and Ms. Julie Kenfield with Ricondo & Associates
(planning consultants). Mr. Mertens said that Day & Zimmerman has prepared detailed costs for the
proposal (including contingencies) as well as construction schedules and construction phasing plans.
He said the final programming document, which they will present to the airport staff, will serve as
the guide for the architectural team by establishing the parameters for the design effort.
Mr. Dionne referred to diagrams of the existing terminal as well as the proposed
reconstruction design. He noted that 30,000 square feet of the existing terminal at the east end of the
ticketing building is structurally deficient and there are a number of vehicular conflicts in the service
drive area. He said the current configuration, known as "frontal gate parking," results in a walking
distance of about 950 feet from the end of the ticketing area to Gate 5 where Southwest Airlines
operates. One goal of the new design is to reduce the walking distance of the passengers, which
would result in less square footage of public circulation corridor that would have to be maintained.
Mr. Dionne noted that the diagrams show an initial reconstruction, which would
accommodate approximately a 10% increase in traffic, as well as a 40 -year build -out. He said they
are proposing to reuse the canopy over the curbside; substantially reuse the existing curbside drop-off
and pick-up roadway; reuse the west end of the ticketing building; rebuild the 30,000 square feet that
need to be reconstructed for structural reasons; reuse and remodel the area currently occupied by the
primary food service concession as airport support area; and build a completely new baggage claim
building north of the existing baggage claim building. With regard to the airplane gates, they are
proposing a completely new design which consists of a u -shaped configuration and a common
passenger hold room and food court located on the upper level. He said the basic configuration could
be designed and constructed to be operable by the year 2002 with plans for 2005 demand.
Ms. Kenfield then described the landside improvements, including the access roadway
system. The rental car area will be located in the same area although it will be expanded and have
access control. In addition, there will be an improved taxi queue area and expanded visitor parking.
Responding to Mayor Neal, Mr. Dionne said that the airlines will have the option of boarding
passengers from the ground level or from the upper level under the new design. He said that
following reconstruction of the ticketing building, the amount of potential ticketing frontage space
will be sufficient for the 40 -year plan.
Council Member Gonzales asked if the Council will be able to see what the airport will look
like inside. Mr. Mertens said this effort is a detailed programming planning phase and the
architectural team will take that information and develop the design of the building.
Council Member Martin asked if the gates on the west end of the airport will be scrapped in
the redesign, and Mr. Mertens said they will be. He said they intend to reuse the new cooling towers
and chillers, which will be adequate to provide the cooling capacity for the entire terminal. Mr.
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Regular Council Meeting
March 30, 1999
Page 14
Martin also asked about the new food concession area. Ms. Allin said the structure will be retained
and used as a business center and conference area. Mr. Dionne described some of the cities which
use the single hold room concept at their airports, including Austin and El Paso.
Mr. Martin pointed out that the previous Council had discussed at length the facade of the
terminal building, and he questioned whether that approved design would be retained. Following a
discussion, City Manager Garcia said staff will review that design. Responding to another question
from Mr. Martin, Mr. Dionne said that all of the airlines indicated that they preferred the upper level
hold rooms with the loading bridge operation. He also further described the 40 -year expansion plans.
In reply to Council Member Garcia, Ms. Allin said that several months ago the Council was
presented with the results of an analysis regarding whether the terminal should be repaired or rebuilt,
and that analysis included a basic t -shape terminal. She added that if the Council approves the
concept being presented today, staff will put that into the scope of the architectural team that has
been selected through the RFP process and bring that proposed contract to the Council in April. At
that point, there will be an approximate 10 -month design and bidding phase, and about a year before
they start construction. Ms. Allin said the budget is approximately $22 million.
Council Member McNichols expressed concern about the single hold room concept for
passengers. Mr. Dionne reiterated the advantages of that type of design. Council Member Colmenero
asked about the location of the air traffic control tower. Ms. Allin said it is still their goal to have a
mid -field location for the tower. She added that the congressional delegation is still working to
correct the gap in the Federal Aviation Administration funding.
In response to Council Member Gonzales, City Manager Garcia said they would like the
construction of the new tower to occur concurrently with the construction of the new airport
terminal. City Secretary Chapa polled the Council for their votes as follows:
14. M99-089
Motion approving the recommended terminal reconstruction design and landside
development concept at the Corpus Christi International Airport.
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 15, FAA grant. He called for comments from the
audience, and there were none. City Secretary Chapa polled the Council for their votes as follows:
Minutes
Regular Council Meeting
March 30, 1999
Page 15
15.a. RESOLUTION NO. 023601
Resolution authorizing the City Manager or his designee to accept the Federal Aviation
Administration Grant No. 3-48-0051-26-99 for Airport Improvement Project: Taxiways "A-
2" and "B-3" Improvements in the amount of $530,100, subject to a Federal Aviation
Administration grant offer.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
15.b. ORDINANCE NO. 023602
Ordinance appropriating $530,100 from Federal Aviation Administration Grant No. 3-48-
0051-26-99 for Airport Improvement Project: Taxiways "A-2" and `B-3" Improvements in
the No. 3020 Airport Capital Projects Fund, subject to receipt of Federal Aviation
Administration Grant offer; appropriating $58,900 in Passenger Facility Charges in the No.
4621 Passenger Facilities Charges Fund, subject to receipt of Federal Aviation
Administration grant offer; all funds will be used for airport drainage improvements.
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."
15.c. M99-090
Motion authorizing the City Manager or his designee to execute a contract for Airport
Improvement Project: Taxiways "A-2" and "B-3" Improvements to Haas -Anderson
Construction Inc. in the amount of $401,017.80, subject to receipt of a Federal Aviation
Administration Grant.
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 16, Airline Road Phase II project. He called for
comments from the audience.
Dr. Byron Coward, 433 Pasadena, said he owns acreage at the corner of Airline and
Wooldridge Roads. He noted that the 1986 bond program included a project to expand Airline Road,
and then the city acquired some of his property for right-of-way along Airline. He urged the Council
to approve this item.
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Regular Council Meeting
March 30, 1999
Page 16
Mayor Neal questioned the way the costs for this project and others are reflected. Mr. Angel
Escobar, Acting Director of Engineering Services, said staff provides the entire budget amount as
well as the specific contract award itself, which, in this case, is $873,045.50 to W.T. Young
Construction Company. He added that in the future if there is a change order that requires a greater
amount than $25,000, staff would come back to the Council for their authorization.
Mayor Neal asked that staff look at the contract management of the projects on a regular
basis. A brief discussion ensued and City Manager Garcia said staff can postpone action on this item
in order to provide additional cost information. The Mayor said he did not want to postpone it but
he was questioning the method in which staff accounts for what is budgeted for projects.
Council Member Cooper asked about the signalization at the intersections of Airline and
Wooldridge, and Airline and Saratoga. Mr. Escobar said it will include the center left -turn guarded
lane and a right -turn lane as well as two lanes going straight.
City Secretary Chapa stated that Council Member Martin had filed a disclosure affidavit for
Item 16 and he will abstain from voting on it. Mr. Chapa then polled the Council for their votes as
follows:
16. M99-091
Motion authorizing the City Manager or his designee to execute a construction contract with
W.T. Young Construction Company in the amount of $873,045.50 for Airline Road Phase
II (Wooldridge Road to Saratoga Boulevard) utilities adjustments, FY 98-99.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, and Neal voting "Aye"; Martin abstaining; McNichols absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 17, modifications to the wastewater treatment plants.
He called for comments from the audience, and there were none.
Council Member Martin said he did not think this item consisted of a change order to an
existing contract. He asked if this has been carefully legally reviewed. City Attorney Bray replied
that it has been reviewed under the change order guidelines and the Legal Department approved it.
Mr. Martin said he thought the only reason this project was being carried out this way is due
to a time constraint created by the city or TNRCC. Mr. Escobar replied that there is a deadline of
June 20, 1999 to be able to either have a risk management plan in place in case of a gas rupture at
any of the wastewater treatment plants, or remove the gas cylinders at the plants. He added that the
city terminated the contract with the consultant, Naismith Engineering, due to lack of negotiations
Minutes
Regular Council Meeting
March 30, 1999
Page 17
on the fee to provide the actual design for this work. He explained the different phases of the project.
Responding to other questions from Mr. Martin, Mr. Foster Crowell, Acting Wastewater
Superintendent, said the risk management plan was an option but for safety purposes they chose to
install altemative disinfection/dechlorination processes at the wastewater plants. Mr. Martin asked
if staff had tried to negotiate with the TNRCC for an extension, and Mr. Escobar said they did not.
Mayor Neal echoed Mr. Martin's concerns about the process for this contract. In reply to
Council Member Gonzales, Mr. Escobar explained the costs associated with this project. Dr.
Gonzales noted that two of the amendments to the contract with Naismith Engineering were in the
amount of $14,950 and $14,975 (contracts in excess of $15,000 require City Council approval).
Council Member Garcia asked about the deadline, which Mr. Crowell and Mr. Escobar
addressed. Mr. Escobar further explained the work done to this point by Naismith Engineering. Mr.
Martin suggested that the change order contain penalties to ensure that the deadline is met. He also
asked staff to review the contract amendments questioned by Dr. Gonzales. City Secretary Chapa
polled the Council for their votes as follows:
17. M99-092
Motion authorizing the City Manager or his designee to execute a change order to the
construction contract with Craig, Sheffield & Austin of Houston, Texas in the amount of
$515,971.13 for the Greenwood Plant expansion from 6 MGD to 8 MGD and upgrade to
10/15/3 permit: chlorine removal facilities Phase 1 modifications for wastewater treatment
plants (Allison, Broadway, Laguna Madre, Oso).
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 18, lease for Buccaneer Days.
The Mayor expressed concern that the city has spent much time and money trying to develop
a bayfront usage plan; however, in the proposed lease, the city is deeding over the entire area around
Memorial Coliseum to be used during the Buccaneer Days Festival for five years. He said the city
is ignoring long-range planning for that whole bayfront park area, and he added that one issue that
needs to be considered is how the repair of the seawall during that time will impact events there.
The Mayor asked if staff had discussed the idea of relocating the site of the Buccaneer Days
Festival with the Buccaneer Commission, and City Manager Garcia said they had not. Some Council
Minutes
Regular Council Meeting
March 30, 1999
Page 18
members agreed that alternative sites should be explored, to which Mr. Dan Whitmire, Assistant
Director of Park and Recreation, responded. Mayor Neal called for comments from the audience.
Mr. Fred Dotts, a member of the Buccaneer Commission, said the Commissioners have had
informal and formal discussions about the feasibility of moving the Buccaneer carnival and rodeo,
which are the two economic mainstays of Buccaneer Days. He said they are open to other ideas.
Mr. Joe Ochoa, Director of the Buccaneer Commission, said the commission wants to
continue to take a leadership role in event organization, which involves long-term planning. He
asked the Council to consider the economic impact of moving the sites of the Buccaneer carnival and
rodeo, which he said are very successful and help provide free tourist events for the community, such
as the daytime and nighttime parades. Council Member John Longoria suggested that the Buccaneer
Commission provide additional information to the Council on their activities. Mr. Ochoa said the
commission has worked with city staff in negotiating the one-year agreement for this year's festival.
Council Member Gonzales made a motion to table Item 18, seconded by Council Member
Colmenero, and passed (Martin voting "No"). Mayor Neal said that if the Council is going to be
asked to approve the use of the bayfront area for an extended period of time, he would like to see
some discussion about options for moving the carnival to another location.
18. TABLED
Authorizing -the City Manager or his designs, to execute a four-year lease with the Buccaneer
Commission Inc. ("Commission") to conduct the Buccaneer Days Festival and related
aetiviticson the areas bounded by (A) thc interior of thc west eurb lint of Shoreline
to th., west, thc McGee Bcach picr and rock groin to thc south, and thc south side of the L
I Iead to the-tiorth ("prei ,iscs"), i,. eoiLidcratiers of the Co..x.,issiers paying a one -tithe $250
permit fcc and 100% of the cot of City services for event support, cxccpt that in 2000 only
premises for 20 days and non-exclusive use for 29 days during a sct period for cach of the
four years, as shown in thc lease beginning March 21, 2000.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said he did not have a report.
Council Member Garcia requested information about the city's hiring and promotion
practices within a department, particularly dealing with relatives who may work in the same division
or department. He also asked when the Council would be receiving an update on the year 2000 issue.
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Regular Council Meeting
March 30, 1999
Page 19
The City Manager said that every few weeks the Council has received an update from various entities
about their Y2K preparedness. Council Member Garcia requested information on the number of
hours that city employees have spent on the Y2K issue, and he noted that April 3rd is election day.
Responding to Council Member Cooper, City Manager Garcia said staff will give the Council
a full presentation on brush collection. He said the brush crews have increased their overtime
schedule by working Saturdays and Sundays to catch up. Also, they have ordered the equipment for
an additional brush crew. Ms. Cooper also reported problems with the ditch at Lipes Avenue and the
ditch along Acushnet near Snead Drive.
Council Member Colmenero said he had witnessed an accident at the coliseum regarding the
rental of ice skating equipment, and he asked staff to look into ways to minimize risk in situations
like that. He also requested a report on the utilization of Heritage Park facilities as well as
information on city parks.
Council Member Gonzales said he thought the Council needs to reconsider restoring the
funding for an additional brush crew that he had proposed during last year's budget discussions.
Council Member Betty Jean Longoria requested information about the equipment at the park
on Woodland Creek. She also expressed concern about the ditch that runs next to that park and about
the need for improved brush pickup.
Responding to a question from Council Member Garcia, Mr. Whitworth explained that when
a house became vacant in Heritage Park, the city submitted requests for proposals. In another case,
when a restaurant vacated one of the homes in Heritage Park, the city specifically recruited for
another restaurant to replace it. Mr. Whitworth briefly explained the use of the Heritage Park homes.
Council Member Garcia also asked about brush collection. Mr. Andy Leal, Director of Solid
Waste Services, said that with the exception of Easter Sunday, they plan to work for the next three
to four weeks and weekends until they get caught up. Mrs. Longoria asked about the Litter Critter
program. Mr. Leal said they can continue to provide that program although there is a limit to the
number of trucks they can use since they are being deployed for brush collection. Council Member
John Longoria requested information on the necessary steps for the Council to join in the brush
collection efforts for a day.
In reply to Ms. Cooper, Mr. Whitworth said no decision has been made on the use of Sidbury
House in Heritage Park, and city staff recognizes the value of maintaining its period appearance.
There being no further business to come before the Council, Mayor Neal declared the Council
meeting adjourned at 9:05 p.m. on March 30, 1999.