HomeMy WebLinkAboutMinutes City Council - 06/10/1997I 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 June 10, 1997, which were approved by
the City Council on June 17, 1997.
WITNESSETH MY HAND AND SEAL, this 17th day of June, 1997
Armando Chapa
City Secretary
SEAL
1,UFtLMEp
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 10, 1997
2 p.m.
PRESENT
Mayor Loyd Neal
Mayor Pro Tem Betty Jean Longoria
Council Members:
Jaime L. Capelo Jr.
Melody Cooper
Alex L. Garcia Jr.
Arnold Gonzales
John Longoria
Dr. David McNichols
Edward Martin
City Staff:
City Manager Bill Hennings
Assistant City Attorney Alison Gallaway
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall, and he then
led the Pledge of Allegiance to the flag of the United States.
The Mayor asked Rev. E.F. Bennett to pray for former Corpus Christi Mayor Mary Rhodes,
who died June 4, 1997, after a short illness.
Addressing all the people who filled the Council Chambers to capacity, Mayor Neal said this
was a special meeting in which they could draw together as a family to memorialize Mrs. Rhodes.
He said this special ceremony will allow the city to begin to move forward in a way that will bring
credit to Mrs. Rhodes' work and dreams.
City Secretary Chapa said he was honored to be asked by Mrs. Rhodes' family and friends
to say a few words. He noted that he had first met Mrs. Rhodes in the late 1970s when he was
working for the city's employment and training program and Mrs. Rhodes was a member of the
CETA Private Industry Council. Mr. Chapa said that although he thought Mrs. Rhodes was smart
and energetic, he did not think she fit the "political mold" when she informed him of her desire to
run for an at -large position on the City Council in the mid-1980s. He spoke about Mrs. Rhodes'
honesty, effective leadership, and dedication which earned her the respect of city staff and
colleagues. He said that because of her many accomplishments, people should not mourn her but
rather celebrate her life, particularly her devotion to children. Mr. Chapa also thanked the Rhodes
family for allowing them to have this memorial to their wife and mother to help bring closure to her
passing, and he expressed his condolences to each of them.
Ms. Linda Bridges, a close friend of Mrs. Rhodes' and her campaign manager for many
years, said that Mrs. Rhodes would not want the memorial to turn into a big production, and she
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Regular Council Meeting
June 10, 1997
Page 2
would not want everyone to dwell in sadness. With that in mind, she said the best way to speak
about Mrs. Rhodes was through the children who knew her. When children throughout the city
learned that she was ill, they began sending Mrs. Rhodes get -well cards, and Ms. Bridges read from
several of them. In their own words, the children expressed love and appreciation to Mrs. Rhodes
for her commitment to the community and her love for them.
Dr. Donald Rhodes, Mrs. Rhodes' husband, came forward with their children: Bryan and his
wife, Cindy and their daughter, Tara; and Randy and his girlfriend, Kari Whatley. Dr. Rhodes noted
that the family rarely appeared in public, since Mrs. Rhodes kept her public life separate from her
private one. He said it was appropriate for the memorial to be held at City Hall since that was where
Mrs. Rhodes' major public service began and that is where it should end. He thanked the thousands
of people who sent cards from all over the world and who prayed for them. He also thanked Nelda
Martinez, Linda Bridges, Gwen Henzi, Judy Hale, and his sister-in-law Molly Perrin for their
support during this difficult time. Dr. Rhodes said he was abiding by his wife's wishes in not having
a public funeral or large public memorial for her. He said in September they would have been
married for 27 years. He said his family loaned Mrs. Rhodes to the City of Corpus Christi, and now
her body has come home to the family, but her soul has gone to a higher vantage point.
The Rev. David Evans, Pastor of Parkway Presbyterian Church, said Mrs. Rhodes touched
him very deeply in the brief time in which he knew her. He then led a prayer for Mrs. Rhodes.
* * * * * * * * * *
Mayor Neal called for a brief recess.
*
**
* * * * * * * * * * * * *
Mayor Neal reconvened the Council meeting, and 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.
The Mayor then recognized the following young people who will represent Corpus Christi
through the Sister City Student Exchange Program: Sam Henderson and Charissa Jarboe, who will
travel to Agen, France; Rick Moreno and Leslie Guerrero, Toledo, Spain; Ruben Sanchez and
Jennifer Montgomery, Yokosuka, Japan; Vilas Pathikonda and Viola Benavidez, Veracruz, Mexico;
and Efrain Pena and Kathleen Carroll, Monterrey, Mexico.
Mayor Neal called for approval of the minutes of the regular Council meeting of May 27,
1997, and the Council workshop of June 3, 1997. There being no corrections, he proclaimed them
approved as presented.
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Regular Council Meeting
June 10, 1997
Page 3
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Phil Rosenstein commented on the June 3rd budget workshop, saying that he felt more
funding was needed for public safety rather than less funding, which he briefly explained.
Mr. Joe Minervini, 13705 Three Fathoms Bank, said he and his wife have operated the City
Skates skating rink, 8051 S.P.I.D., for the last eight years, and he said that approval of the ice hockey
lease (and use by the league of Memorial Coliseum) would create unfair competition for his
business. He urged the Council members to thoroughly read the lease before approving it on second
reading.
Mr. J.E. O'Brien, 4130 Pompano, suggested that the city hire consultants to review the
feasibility of the city's ice hockey lease and gas contract. He objected to the increase in expenditures
in the proposed city budget, saying that the Council had more work ahead of it.
Mr. Leon Perez, 904 Buford, commented on the problem of pedestrian traffic and swift -
moving vehicular traffic in the "hospital zone" on Alameda Street in front of Driscoll Children's
Hospital and Columbia Doctors Regional Medical Center.
* * * * * * * * * * * * *
City Manager Hennings said the key issues update for that meeting regarded economic
development and transportation projects. Mr. Tom Utter, Assistant City Manager for Development
Services, introduced Mr. Bud Harris, Dean of the Center for Business and Community Education
at Del Mar College. Mr. Harris said that Del Mar College works with several economic
development agencies throughout the Coastal Bend to diversify the area's economic base, develop
small businesses, and create good jobs for citizens. He said the key is to build a skilled and
knowledgeable work force, and to do so, they must focus on two initiatives: to enhance the skills of
the existing workforce, and to prepare a future workforce. Mr. Harris discussed the ways in which
Del Mar College is working to achieve those goals.
Mr. Hennings suggested that during next month's update on economic development, a
representative of the Texas Employment Commission could address the Council, as well as discuss
how the welfare reform issue affects jobs in this area. Then in August representatives of the Greater
Corpus Christi Business Alliance will give their quarterly report, and at that point, he said an
analysis of the situation can be undertaken.
Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, gave an update on
transportation projects in Corpus Christi. He noted that the Crosstown Expressway interchange has
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Regular Council Meeting
June 10, 1997
Page 4
been included as a recommended project by the staff of the Texas Department of Transportation
(TXDOT) in the statewide Transportation Improvement Program (TIP) for 1998-2000. The TIP will
be considered for approval by the Texas Transportation Commission on August 28, 1997 in Austin.
He urged the Council members to attend that meeting if possible.
With regard to the JFK Causeway, Mr. Crull said TXDOT has selected a consultant to
prepare an environmental assessment and a schematic for that project; in addition, strategy planning
is also continuing on the I-69 project. Mr. Crull discussed timelines for some of those projects.
Council Members Martin and Betty Jean Longoria emphasized the importance of having a
delegation of Corpus Christi officials attend the Transportation Commission meetings, particularly
the upcoming meeting. Mrs. Longoria also commented on congestion on IH -37 at Mesquite where
it narrows to one lane.
Responding to Council Member McNichols, Mr. Crull said there had not been a formal
proposal to make the JFK Causeway project a demonstration project.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 2, Southwestern Bell telecommunications franchise.
Mr. Hennings explained that Southwestem Bell's (SWB) franchise expires at the end of June,
and staff has been negotiating with SWB officials. He said they have reached tentative agreement
on the compensation aspect --the amount SWB pays the city for the right to use the city's right-of-
ways for their lines and equipment. The proposal will increase the city's revenue by about $1.5
million per year, which has been programmed into next year's budget. Mr. Hennings briefly
explained the four provisions of the agenda item. He added that there are some provisions which
are still being discussed, which may result in some proposed changes prior to the ordinances' second
reading on July 8, 1997. Mr. Hennings also explained how this proposal would affect customers'
bills from SWB.
Council Member Martin asked if there were any outstanding damage disputes with SWB,
and Mr. Hennings said he was not aware of any, but staff would investigate it. Responding to other
questions from Mr. Martin, Mr. Hennings said the existing franchise agreements the city has with
other companies will have to be reconciled using this new approach; he added that staff will provide
a comparison of Corpus Christi's rates with the rates in other cities. Mr. Martin pointed out that
SWB is passing its cost through to its customers using the "municipal fee."
Mr. Jeff Jung, a SWB representative, explained the definition of an access line. He added
that the 9-1-1 charge and the municipal fee are charged for each line.
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Regular Council Meeting
June 10, 1997
Page 5
Mr. Martin suggested that staff investigate whether there would be any downsides to
earmarking the additional SWB revenue. He said he would only support a fee increase in order to
fund street improvements or public safety improvements.
In reply to Council Member Capelo, Mr. Hennings said the 9-1-1 charge was established by
the state to fund the installation of 9-1-1 systems in rural areas, which has been accomplished for the
most part.
Responding to Council Member Gonzales, the City Manager pointed out that the 9-1-1 fee
is part of SWB's franchise fee, which is a source of revenue in the General Fund. He added that the
city's 9-1-1 program will benefit from this proposal.
Council Member Garcia asked about distinctions between telephone line usage (fax, voice,
modem, etc.), and Mr. Jung explained that SWB has no way of determining that. He further
explained how SWB's bill will change in the future. A brief discussion ensued.
Mayor Neal called for comments from the audience.
Mr. J.E. O'Brien said that the city's revenue from SWB will increase about 70%, and he
asked if SWB's charges to its customers will rise 70% as well. Mr. Hennings replied that the total
increase will be offset by the elimination of the 50 -cents per line 9-1-1 fee; consequently, the net
increase for each telephone line will be 43 cents, or an increase of about 5%.
Mr. Jimmie Till, 1265 Southern Minerals Road, agreed with Mr. Martin's suggestion of
earmarking the SWB revenue to improve streets and public safety.
Mr. Hennings stated that some of the language in the ordinance under Item 2.c. (SWB 60 -day
franchise) needed to be amended so as to be effective upon publication after second reading. Mr.
Martin made a motion to amend Item 2.c. as stated, seconded by Council Member John Longoria,
and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
2.a. FIRST READING ORDINANCE
Adding a new Chapter 50 "Telecommunications" to the City Code to establish rules
governing the use of City rights-of-way by providers of telecommunications services, setting
fees for use of city rights-of-way, creating offenses and providing a penalty.
The foregoing ordinance passed on first reading by the following vote: Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo
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Regular Council Meeting
June 10, 1997
Page 6
voting "No."
2.b. FIRST READING ORDINANCE
Granting Southwestern Bell Telephone Company, pursuant to Article IX, Section 2, of the
City Charter, Municipal Consent for use and occupancy of the public rights-of-way for a
period of two years commencing 60 days after passage of this ordinance.
The foregoing ordinance passed on first reading by the following vote: Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo
voting "No."
2.c. FIRST READING ORDINANCE
Granting Southwestern Bell Telephone Company, pursuant to Article IX, Section 2 of the
City Charter, Municipal Consent for use and occupancy of the public rights-of-way for a
period of 60 days.
The foregoing ordinance passed on first reading, as amended, by the following vote: Cooper,
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye";
Capelo voting "No."
2.d. RESOLUTION NO, 022948
Resolution authorizing the City Manager to terminate the Interlocal Cooperation Agreement
between Corpus Christi and the Coastal Bend Council of Governments authorized by Motion
M90-195, authorizing the City Manager to take all necessary steps to cause elimination of
the present 9-1-1 telephone service charge, and repealing Resolution No. 20374.
The foregoing resolution passed by the following vote: Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo voting "No."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, "hospital zone" speed limit reduction on Alameda
Street.
Responding to Council Member Garcia, Assistant City Attorney Gallaway explained that the
"no -passing" zone restriction would not apply in a hospital zone, only in a school zone. She added
that the establishment of hospital zones in other areas of the city would have to be approved by the
City Council.
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Regular Council Meeting
June 10, 1997
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Mr. Garcia also asked about the specific hospital zone hours being recommended. Mr.
Hennings said staffs recommendation was based on a pedestrian traffic study that was conducted
in that area of Alameda. He added that staff would revisit the issue of the no -passing restriction in
school zones.
Council Member Capelo said he discussed this proposal with some physicians whose offices
are located in that area, and he said that while they support the creation of a hospital zone, they
would like even longer hours of operation, from 7 a.m. to 6 p.m.
Responding to a question from Mr. Capelo, Mr. Hennings said staff did review hospital zone
ordinances in other cities, but the times being proposed here were based on the pedestrian activity
in that specific location.
Council Member Gonzales said he did not support the reduced speed hours of operation as
recommended, adding that he also felt the hospital zone hours should be expanded from 7 a.m. to
6 p.m. for the protection of pedestrians.
In reply to Mr. Garcia, Mr. Hennings said there was a need for a hospital zone in that section
of Alameda because it was located mid -block between intersections. Mr. Garcia said he thought this
proposal was too confusing.
Council Member McNichols said he originally suggested the creation of a hospital zone in
order to reduce the risk of pedestrian accidents on Alameda in the area of the medical offices and
hospitals. Dr. McNichols asked about the results of the traffic study. Mr. David Seiler, City Traffic
Engineer, said staff observed that when the school zone speed limit flashers are in effect, there seems
to be a slower median travel speed on Alameda Street. He said for that reason, staff was
recommending that the hospital zone be operated at a different time than the school zone. Mr. Seiler
added that the occurrence of pedestrian cross -overs varied from day-to-day and hour -to -hour.
Dr. McNichols commented that other states and cities have much stricter applications of
pedestrian crossing rules.
Mr. Capelo made a motion to amend Item 3 to change the hospital zone hours of operation
to 7 a.m. to 6 p.m., and to change the recommended travel speed from 25 MPH to 20 MPH during
those hours. The motion was seconded by Mr. Garcia. Ms. Gallaway pointed out that the original
proposed ordinance was not time -specific, but would allow staff to set the hours based on traffic
observances; Mr. Capelo's amendment would limit the ordinance to specific times and any changes
would have to be reconsidered by the Council.
Responding to Council questions, Mr. Seiler further described pedestrian crossing patterns
that staff has observed on Alameda Street, as well as the possible effect of this ordinance on traffic
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Regular Council Meeting
June 10, 1997
Page 8
patterns on other streets. He questioned whether the lower speed limit of 20 MPH in that zone
would be obeyed by many motorists.
In reply to Mr. Martin, Mr. Seiler said the school zone hours in that area are 7:15-8:15 a.m.
and 2:45-3:45 p.m. Mr. Martin said he thought that making the hospital zone hours operational as
a solid block of time made sense. A discussion ensued concerning specific street markings and
pedestrian traffic in that area, as well as state regulations governing pedestrian crossings.
Mr. Capelo reiterated his concern for the safety of pedestrians --particularly children --
utilizing the hospitals and doctors' offices on Alameda.
Mayor Neal called for comments from the audience, and there were none.
City Secretary Chapa polled the Council for their votes on the motion to amend, and the
motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and
Neal voting "Aye"; J. Longoria and McNichols voting "No." Mr. Chapa then polled the Council for
their votes on the ordinance as follows:
3. FIRST READING ORDINANCE
Amending the City's Code of Ordinances Chapter 53 - Traffic, amending Section 53-255 -
Schedule VI, Decrease of State Law Maximum Speed, by reducing the speed limit on
Alameda Street between Texan Trail and Ropes Drive, when designated by flashers.
The foregoing ordinance passed on first reading, as amended, by the following vote: Capelo,
Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye";
McNichols voting "No."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4, interlocal agreement with Texas Department of
Public Safety (DPS).
Municipal Court Presiding Judge Rodolfo Tamez explained that the purpose of this
agreement is to assist in the resolution of outstanding cases at the court by denying renewal of Texas
driver's licenses, which the judge explained. He said the DPS estimates that across the state, 75%
of people who have outstanding warrants do not appear in court.
Council Member Martin stated that he and Council Members Betty Jean Longoria and John
Longoria are members of the Council's Municipal Court Committee. He they have been trying to
find ways to increase legitimate Municipal Court revenues by collecting fines that are owed to the
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Regular Council Meeting
June 10, 1997
Page 9
court. He noted that another action taken by the Council was to vote to deny renewal of vehicle
registrations until Municipal Court fines had been paid.
Responding to Council Member Garcia, Judge Tamez defined complaints and citations, as
well as other aspects of the proposals.
Mr. Longoria described how this plan provides an incentive for people with outstanding
warrants to pay their fines and resolve their cases. A brief discussion ensued.
Mayor Neal called for comments from the audience.
Mr Jimmie Till said he supported the proposed ordinance, adding that it may reduce the
number of accidents.
City Secretary Chapa polled the Council for their votes as follows:
4. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute an Interlocal Cooperation Contract
with the Texas Department of Public Safety for denial of renewal of Texas Driver's License
for failure to appear at Municipal Court; for a cost of six dollars per reported offense, to be
paid by the City after the full amount of outstanding fees and court costs have been collected
from the Defendant.
The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper,
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 5, Del Mar utility easement parcel condemnation.
In reply to Council Member Capelo, Mr. R.H. Shackelford, Director of Engineering Services,
said that in this case, staff did not send a written notice to the property owners involved. He said staff
verbally informed them that their negotiations had reached an impasse, and they would be bringing
this item before the Council for condemnation.
Mr. Capelo asked if staff had discussed this with the property owners since the May 27th
Council meeting, when the item originally came before the Council and was subsequently
postponed. Mr. Shackelford said they had not discussed it since then.
Mayor Neal called for comments from the audience, and there were none. City Secretary
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Regular Council Meeting
June 10, 1997
Page 10
Chapa polled the Council for their votes as follows:
5. RESOLUTION NO. 022949
Resolution authorizing condemnation proceedings by the City to condemn a permanent five
foot utility easement containing 575 square feet out of the easterly side of Lot 24, Block 1,
Del Mar Addition along with a 15 foot temporary construction easement adjacent to and west
of the permanent utility easement for the Del Mar Utility Relocation Project, Phase I and to
acquire the easement in, over, upon, and across such property from the owners, Stephen D.
Emerson and wife, Debra J. Emerson.
The foregoing resolution passed by the following vote: Cooper, B. Longoria, Martin,
McNichols, and Neal voting "Aye"; Capelo voting "No"; Garcia, Gonzales, and J. Longoria
absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
6. Case No. 597-1. Ethel Mae Kessler - A change of zoning from a "B-1" Neighborhood
Business District to a `B-4" General Business District on Lexington Estates, Block 8, Lot
1 and south 50 feet of Lot 2, located on the northeast comer of South Padre Island Drive and
Mokry Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval.
Council Member Martin asked if the zoning extended to the middle of S.P.LD. Mr. Brandol
Harvey, Director of Planning and Development, said the usual practice was to take the zoning to the
middle of the right-of-way. Mr. Martin asked why `B-3" zoning was not being recommended for
this zoning case. Mr. Harvey said the subject property is located adjacent to apartments but away
from major intersections and could be acceptable as multi -family use, which is not allowed in `B-3"
but is allowed in "B-4."
Council Member Garcia asked if a bar could be built on the subject property under `B-3"
zoning, and Mr. Harvey said both "B-3" and "B-4" zoning allow bars, taverns and lounges. He
briefly described regulations concerning restaurants that sell alcohol in `B-1" zoning.
No one appeared in opposition to the zoning change. Council Member Martin made a motion
to close the public hearing, seconded by Council Member Gonzales, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
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Regular Council Meeting
June 10, 1997
Page 11
ORDINANCE NO 022950
Amending the Zoning Ordinance upon application by Ethel Mae Kessler, by changing the
Zoning Map in reference to Lexington Estates, Block 8, Lot 1 and south 50 feet of Lot 2
from "B-1" Neighborhood Business District to `B-4" General Business District; providing
for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 7 through 21, and Council Members requested that
Items 11, 12, 17, and 21 be withheld for discussion. The Mayor also asked for comments from the
audience on any of the consent items, and there were none.
City Secretary Chapa polled the Council for their votes and the following were passed:
7. M97-139
Motion approving a supply agreement with Valley Solvent Co., Corpus Christi, for swim
pool chemicals including Sodium Hypochlorite, Muriatic Acid, Cyanuric Acid, and
Bicarbonate of Soda in accordance with Bid Invitation No. BI -0161-97, in the amount of
$51,522, based on best bid. The term of the contract is twelve months with options to extend
for up to two twelve month periods subject to the approval of the contractor and the City
Manager or his designee. The chemicals will be used by the Parks and Recreation
Department for treating swimming pools. Funds are budgeted by Parks and Recreations,
Aquatics Activity.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
8. M97-143
Motion approving a supply agreement for approximately 6,115 gallons of liquid lime
dispersant in accordance with Bid Invitation No. BI -0118-97 with the Kjell Corporation,
Beloit, Wisconsin, based on total low bid for an estimated annual expenditure of $30,881.21.
The term of the agreement will be for twelve months with an option to extend for up to two
additional twelve-month periods, subject to the approval of the supplier and the City Manger
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Regular Council Meeting
June 10, 1997
Page 12
or his designee. This chemical will be used by the Water Department for treatment of our
water supply. Funds are budgeted in FY96-97 and have been requested for FY97-98.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
9. M97-144
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$177,315 with Industrial Services USA for the Sacky Lift Station: Wet Well Rehabilitation
and Upgrade - 1997 project.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
10. M97-145
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$58,820 with Industrial Services USA for the O.N. Stevens Water Treatment Plant:
Ultraviolet Ray Protection for Eight Fiberglass Tanks project.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
13. M97-148
Motion authorizing the City Manager or his designee to execute Change Order No. 1
reducing the contract with Professional Services Industries, Inc., by $33,040 in connection
with Underground Fuel Storage Tank Mitigation - 1996 Contract No. 2.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
14.a. M97-149
Motion authorizing the City Manager or his designee to execute Budget Modification No.
1 to provide additional funding from the National Council on Aging for the federal minimum
wage increase, as part of the 1996-97 program agreement.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
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Regular Council Meeting
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14.b. ORDINANCE NO. 022951
Ordinance appropriating $23,200 from the National Council on Aging for the Senior
Community Service Employment Program for the 1996-97 Program Year in the No. 162
Federal/State Grant Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
15. M97-150
Motion authorizing the City Manager or his designee to execute an agreement in the amount
of $55,400 with HDR Engineering, Inc. to perform bench scale tests to address corrosion and
treatability issues associated with new water supplies.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
16.a. ORDINANCE NO. 022952
Ordinance appropriating $165,500 from the Combined Utility System Unreserved Fund
balance; amending Ordinance No. 022643, which adopted the FY 96-97 Budget, by adding
$165,500 to the Combined Utilities System Fund; transferring $165,500 to and appropriating
$165,500 in the No. 205 Water Capital Projects Fund for the O.N. Stevens Sedimentation
Basins 1 and 2 Rehabilitation project; amending the FY 96-97 Capital Budget, adopted by
Ordinance No. 022742, by adding $165,500 to the Water Program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
16.b. M97-151
Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the
contract for engineering services with Camp Dresser McKee, Inc. in the amount of $165,500
for additional services associated with Sedimentation Basins #1 & #2 Rehabilitation Project
at O.N. Stevens Water Treatment Plant, for a new contract total of $573,700.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
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Regular Council Meeting
June 10, 1997
Page 14
18. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, by
establishing the Storm Water Management Advisory Committee; providing for severance;
and providing for publication.
The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper,
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
19. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a 10 -year lease with Central Park
Little League for 4.32 acres at Price Park in consideration of Central Park Little League
maintaining the Premises and improvements and operating a little league program; and
providing for publication.
The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper,
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
20. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a 10 -year lease with a 10 -year
option to renew with Corpus Christi Independent School District to install, repair, maintain
and operate a Ropes Team Building course located on approximately .78 acres of the 5.08
acre Casa Linda Park adjacent to Baker Middle School.
The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper,
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
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Mayor Neal opened discussion on Item 11, Airline Road street improvements project.
Council Member Martin asked if this proposal would be brought within the city's budget.
Mr. Crull said that in the agreement with TXDOT, this project involved a fixed dollar contribution
from the city, as well as the cost of right-of-way acquisition and utility adjustments.
Mr. Martin asked if the city was legally allowed to approach the property owners in this case
about donating their property to the city. Mr. Crull replied that in projects like this where federal
funds are involved, the city has to follow federal acquisition procedures, which require the city to
provide the property owner with a written offer and a copy of the appraisal that supports that offer.
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Regular Council Meeting
June 10, 1997
Page 15
He said following that, the city could approach the property owner about donating the property, but
staff had not done that in this case. Mr. Martin encouraged staff to ask the owners to consider
donating their property, and Mr. Crull said they would.
City Secretary Chapa polled the Council for their votes as follows:
11. M97-146
Motion authorizing the acquisition of Parcel No. 1 located on the northwest corner of Airline
Road and Saratoga Boulevard for $33,951 in connection with the Airline Road Street
Improvements project.
The foregoing motion passed by the following vote: Capelo, Gonzales, B. Longoria, Martin,
and Neal voting "Aye"; Garcia and McNichols voting "No"; Cooper and J. Longoria absent.
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Mayor Neal opened discussion on Item 12, field lighting for girls' fast pitch league.
Mr. Chapa said an error was made in the transposition of the low bid numbers from the
contractor's bid to the bid tabulation. The amount shown in the agenda caption was $40,854, and
the correct amount is $40,584. Council Member Gonzales made a motion to amend the item as
stated, seconded by Council Member Garcia, and passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
12. M97-147
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$40,584 with Mathieu Electric Company, Inc. for lighting improvements to the International
Westside Pony League Girls Fast Pitch Softball Field.
The foregoing motion passed, as amended, by the following vote: Capelo, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
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Mayor Neal opened discussion on Item 17, elimination of deficit fund balance.
Council Member Martin requested some projections on deficit amounts for the upcoming
discussion of the budget.
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Regular Council Meeting
June 10, 1997
Page 16
City Secretary Chapa polled the Council for their votes as follows:
17. ORDINANCE NO. 022953
Ordinance authorizing the transfer of $1,733 from the No. 102 General Fund to the No. 420
Certificates of Obligation - Tax Increment Financing Debt Service Fund (CO -TIF);
increasing revenues by $1,733 from the No. 420 CO -TIF Debt Service Fund to cover the
fund deficit; amending Ordinance No. 022643, which adopted the FY 96-97 budget, by
adding $1,733 to the No. 420 CO -TIF Debt Service Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
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*
Mayor Neal opened discussion on Item 21, Landry's Restaurant lease.
Council Member Garcia asked how this lease compared to the Lighthouse Restaurant lease.
Mr. Malcolm Matthews, Director of Park and Recreation, said the major differences center around
the type of facilities involved: Landry's is a floating restaurant and is limited to a five-year lease,
while the Lighthouse is situated on land and it has a 40 -year lease. Mr. Matthews further described
differences in the contract terms of the two leases.
City Secretary Chapa polled the Council for their votes as follows:
21. ORDINANCE NO. 022954
Authorizing the City Manager or his designee to execute a 5 -year lease, with Landry's
Seafood and Steakhouse -Corpus Christi, Inc. to operate a restaurant on the Peoples Street T -
Head, in consideration of payment of the greater of $6,000 per month or 2.75% of monthly
gross sales.
The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper,
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
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Mayor Neal announced the closed session, pursuant to the following sections of the Texas
Government Code: Section 551.071, regarding Gilbert Madrigal, Jr. et al v. City of Corpus Christi
et al, No. 95-5049-D, 105th District Court, Nueces County, Texas, with possible action thereon in
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Regular Council Meeting
June 10, 1997
Page 17
open session; and Section 551.074, to discuss Municipal Court judge appointments.
The Council went into closed session.
The Council returned from closed session.
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Mayor Neal called for the City Manager's report. Mr. Hennings discussed the proposed
budget adoption calendar, and he suggested that, beginning with the June 17th Council meeting, they
allocate some time at each meeting to budget discussions until the budget is finally adopted.
The Mayor said the June 17th Council meeting would begin at 12:30 p.m. and the Council
would go into closed session to discuss pending litigation (followed by regular Council business in
open session). Mayor Neal also suggested that the budget workshop scheduled for July 1st begin at
9 a.m. He referred to a list of members on the newly formed Mary Rhodes Memorial Committee,
which will be co-chaired by Mayor Emeritus Luther Jones and Mary Beth Nelson. The Mayor asked
that concerns raised by Mr. R.J. Herschbach during a previous meeting be addressed, and he said that
he would begin holding quarterly town hall meetings in the Council Chambers beginning at 6 p.m.
July 10, 1997, with subsequent meetings tentatively scheduled for the second Thursday of October,
January and April.
Mayor Neal called for Council concerns and reports.
Council Member Martin asked when the discussion of the budget policy would be held, and
Mr. Hennings replied that it will be discussed next week. He added that there would also be a
presentation on the water releases issue. Mr. Martin also referred to a TCI Cablevision rate increase,
and he asked staff to check on the status of the electrical inspection activity. He also commented
that an update and reaffirmation by the Council of the Gateway Project was needed.
Council Member Capelo requested a closed session discussion about a situation at the H.E.B.
Tennis Center. He also requested information and/or asked that several items be addressed: the
operation of the Animal Control office; policy concerning maintenance of storm gutters; letter from
Chase McRoberts; specific addresses with high weeds; traffic congestion and/or speeding in specific
parts of the city; and the policy for use of the city's senior centers. Mr. Capelo congratulated the
Moody High School baseball team and the Odyssey of the Mind teams from Wilson Elementary and
Baker Middle School.
Council Member Gonzales requested information about the process for amending the City
Charter; and he said he would distribute information to the Council concerning funding of school
crossing guards in the City of Austin. He also asked for information about the Police Department's
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Regular Council Meeting
June 10, 1997
Page 18
DARE program.
Council Member John Longoria asked if a franchise fee could be charged to the city's
utilities, and Mr. Hennings said the Charter prohibits it. Mr. Longoria said he thought the Moody
baseball team was invited to next week's Council meeting. He also noted that there was a form for
Council members to fill out in order to forward constituents' concerns to city staff, and he asked the
communications department to revise the form for ease of use.
Council Member Garcia referred to a memo from staff about the administration of the
Community Development Block Grant projects, and he asked that Mr. Minervini's questions about
the ice hockey lease be addressed. Mr. Garcia also raised the following concerns: relocation of a
school light at Holly and Everhart; condition of a restroom at the Harbor Playhouse; information
concerning the noise ordinance; specific street and ditch conditions; and a list of vacant positions
on city staff.
Council Member Betty Jean Longoria asked that staff provide in the near future a report of
the effect of the hospital zone speed limit on Alameda Street. She said she had also received
complaints about odors at the Southside Little Miss Kickball field on McArdle Road.
Mr. Martin suggested that a process be developed whereby Mr. Hennings and Mayor Neal
can prioritize the Council's concerns with regard to the amount of staff time those concerns may
take.
Mrs. Longoria, Chairperson of the Charter Revision Committee, said she would visit with
the Mayor concerning that committee's work.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 7:15 p.m. on June 10, 1997.
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