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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. Minutes 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. Minutes 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. Minutes 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. Minutes 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. Minutes 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.