HomeMy WebLinkAboutMinutes City Council - 06/17/1997I 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 17, 1997, which were approved by
the City Council ori June 24, 1997.
WITNESSETH MY HAND AND SEAL, this 24th day of June, 1997
Armando Chapa
City Secretary
SEAL
ote
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 17, 1997
12:30 p.m.
PRESENT
Mayor Loyd Neal
Mayor Pro Tem Betty Jean Longoria
Council Members:
Jaime L. Capelo Jr.
Alex L. Garcia Jr.
Arnold Gonzales
John Longoria
Dr. David McNichols
Edward Martin
ABSENT
Melody Cooper
City Staff:
City Manager Bill Hennings
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 Pastor David Lewis, Bayshore Bible Church, following
which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty
Jean Longoria.
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 June 10,
1997, and there being no corrections, he proclaimed them approved as presented.
* * * * * * * * * *
*
**
Mayor Neal announced the closed session, pursuant to Texas Government Code Section
551.071 to receive the advice of the City Attorney on and review all litigation and potential litigation
involving the City of Corpus Christi.
The Council went into closed session.
The Council returned from closed session.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
June 17, 1997
Page 2
Mayor Neal called for petitions from the audience.
Mr. Phil Rosenstein said the Texas Veterans Land Board and the Veterans Administration
will build four skilled nursing homes in Texas. He noted that there are an estimated 12,000 veterans
living in Corpus Christi, and he discussed the need for such a nursing home here. He urged Corpus
Christi officials to take the necessary steps to have one built here. Mayor Neal said staff is actively
involved in that effort.
Mr. Joe Pino said he wished to discuss the issue of his termination from the H.E.B. Tennis
Center. Before he continued, Mayor Neal said he wanted to make sure that Mr. Pino's comments
were not either personal in nature pertaining to Mr. Pino's allegations about city employees or that
bordered on legal aspects in that public forum. Mr. Pino said the city's sexual harassment complaint
policy is supposed to be posted at the municipal tennis center, but he said it was not. He asked that
if and when the Council makes a decision on this issue that he be notified.
Mr. Joe Minervini, 13705 Three Fathoms Bank Dr., said he and his wife operate the City
Skates skating rink and he was addressing the issue of the professional ice hockey lease, which will
be coming back before the Council for second reading. He said he is in favor of any professional
sports team coming to Corpus Christi, but he is opposed to the city government providing subsidies
or favorable treatment to a competing business. He discussed specific aspects of the lease, and he
again urged the Council to thoroughly review it. Mayor Neal said he has asked city staff to examine
Mr. Minervini's concerns.
Mr. J.E. O'Brien, 4130 Pompano, said he was also concerned about the ice hockey lease, and
he asked if that was a 10 -year lease and if it violated the City Charter. Mr. O'Brien also read a
resolution from the executive board of the Corpus Christi Taxpayers Association in which they
opposed an increase of the municipal charge for telephone lines. Referring to Mr. O'Brien's first
comment, City Manager Hennings said Memorial Coliseum does not fall under the provision of the
five-year limitation in the Charter. Mayor Neal referred to a headline in a Nashville newspaper
about a citizen who was "furious" with that city's mayor regarding that city's proposed property tax
increase, adding that Mr. O'Brien was not the only one who felt that way.
Mr. R.F. Hasker also objected to the Southwestern Bell franchise fee increase.
Mr. Neal Trolinger, 337 Stages Dr., said the city needed to find ways to increase the
efficiency of its operations, rather than new streams of revenue. He specifically referred to what he
said were many non-essential media expenditures that staff should review.
Mr. Leon Perez, 904 Buford, expressed confusion and dissatisfaction with his telephone bill.
*************
Minutes
Regular Council Meeting
June 17, 1997
Page 3
Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the
following appointment was made:
Civil Service Board and Commission
Connie Mufioz (Reappointed)
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, financial policies to rebuild General Fund ending
balances.
City Manager Hennings said that in order to reaffirm the financial policies the Council
adopted earlier this year, he would have to amend the proposed city budget to ensure that the General
Fund ending balance is increased by 25% each year, and to ensure that the budgeted revenues exceed
the budgeted expenditures, which he briefly described. Mr. Hennings said there were also other
options for the Council to consider: to amend the financial policies in order to defer those two
provisions for one year, thereby adopting a "leaner" budget this year; and to consider other ways to
increase revenues and reduce expenditures.
Council Member McNichols pointed out that the adopted financial policy presented
difficulties, and he said it was essential that the Council reaffirm the policy to build up the city's
ending fund balances.
Following a brief discussion, Council Member Martin said that the proposal as outlined on
page 36 of the agenda attachments is basically minimal in terms of increasing the city's fund balance
position.
Council Member John Longoria said he supports the Mayor's recommendation that the
Council reaffirm the resolution and then move through the budget process. Upon verification by Mr.
Hennings, Mr. Longoria noted that the financial policies were adopted in an effort to prevent the
downgrading of the city's bond rating, which occurred anyway despite that action.
Dr. McNichols pointed out that the city's ending fund balances have exhibited a downward
trend over the last few years.
Mayor Neal called for comments from the audience.
Mr. J.E. O'Brien said that one of the reasons for this policy is that prior City Councils had
consistently overspent available city revenues. He said he supports Sections 6 and 7 of the
resolution pertaining to expenditure controls, but he does not support Section 4(A) if increased utility
franchise revenues are collected from the ratepayers.
Minutes
Regular Council Meeting
June 17, 1997
Page 4
City Secretary Chapa polled the Council for their votes as follows:
3. RESOLUTION NO. 022965
Resolution reaffirming the City's commitment to adopt financial policies to rebuild General
Fund ending balances to prior year levels and ensure that ending balances are maintained at
acceptable levels in future years.
The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 4, scheduling of the budget public hearing.
Mayor Neal called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
4. M97-152
Motion scheduling a Public Hearing during the Regular Council Meeting of July 15, 1997
on the proposed budget for the Fiscal Year beginning August 1, 1997.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
City Manager Hennings said the next agenda item was the key issues update, beginning with
the monthly report of the Lake Texana pipeline progress. Mr. Frank Brogan, Director of
Engineering for the Port of Corpus Christi, showed a videotape of the manufacturing process of the
pipe. He also discussed other aspects of the project, including right-of-way acquisition, pipeline
design and construction, pump stations, river crossings, financing, and completion status.
Responding to Council Member Martin, Mr. Brogan said the contractor still believes that
despite rain delays, the May 1998 target date for completion is possible. Mr. Martin asked that, as
construction progresses, the Council be advised of any change in the target date in order to facilitate
its own planning.
Prior to the discussion of water supply alternatives, Mayor Neal pointed out that the reason
for these ongoing discussions is to plan for a long-term, affordable water supply that encompasses
Minutes
Regular Council Meeting
June 17, 1997
Page 5
such issues as the current water supply, water release program, building of the pipeline, and
desalination. He said the Council is serious about addressing those issues.
Mr. James Dodson, Regional Water Director, said that last month the Regional Water Supply
Task Force recommended to the Council that the city enter into an agreement with Texas A&M
University -Corpus Christi (TAMU-CC) for a study of desalination as a future water supply for this
region, which is the proposal on the day's agenda. Mr. Dodson recognized Dr. Robert Furgason,
TAMU-CC President; Dr. Jim Bonner, Director of the Conrad Blucher Institute; and Ms. Gale
Ketcham, of the Blucher Institute.
Mr. Dodson said the objectives of the preliminary study include assessing the state of the art
of desalination technology, particularly from the local perspective; evaluating the future role of that
technology in meeting the water needs of this region; formulating preliminary plans for developing
a demonstration desalination plant; and evaluating the pertinent technologic, economic,
environmental and institutional issues that must be addressed in constructing and operating a
desalination plant. Mr. Dodson further explained the first phase of the study, including the cost, as
well as elements of the next phase, which would be to develop a more detailed study of systems
approaches to desalination.
City Secretary Chapa noted that the action item authorizing the research study was Item 6
on the day's agenda, for which he read the agenda caption.
Council Member Capelo asked why it was necessary to construct a demonstration
desalination facility. Mr. Dodson said that until such a facility is developed, it is very difficult to
address many of the questions that are involved.
Council Member Gonzales questioned the need for another desalination study. Mr. Dodson
replied that the preliminary study would be conducted over the next few months, and in the
meantime, sources of funding would continue to be identified for the much larger study which would
set the stage for the demonstration project. He added that officials are very interested in the concept
of having a private company build the facility, but much more information was needed.
Council Member John Longoria said he thought the study was a good start, and he added that
there were many other regional water issues that needed to be addressed, which he described. A
brief discussion ensued.
Council Member McNichols emphasized that the city is responsible for supplying both short-
term and long-term water supplies to the whole surrounding region, which will consist of about
500,000 people. He said that since water technology continues to evolve, it was important to
conduct another study of desalination.
Minutes
Regular Council Meeting
June 17, 1997
Page 6
Dr. Gonzales said he strongly supports a study of desalination in general, but he reiterated
his concern about approving this agreement at this time. Mr. Dodson said this was a very cautious
and purposely phased approach to desalination, and the Council would have further opportunities
to review it.
Council Member Betty Jean Longoria said she supported the study.
Mayor Neal called for comments from the audience.
Mr. J.E. O'Brien asked how credible this study will be, saying that Central Power and Light
representatives had stated that CPL would be working with the TAMU-CC study. He said that any
Council members with any ties to CPL should abstain from voting on this agenda item to prevent
any appearance of impropriety. He also disputed comments made by the local newspaper about the
Corpus Christi Taxpayers Association. Mayor Neal replied that he did not know of any current
Council members who had ties to CPL.
Mr. Neal Trolinger asked how many experts in the field of desalination will be participating
in the study. He quoted statistics of the number, capacity, and cost of desalination plants operating
around the world, and he added that the American Desalting Association will be holding its
convention in San Antonio in September.
Mr. R.F. Hasker criticized a hearing that was held in Uvalde concerning the water pipeline.
Mr. Abel Alonzo said he supported the study, adding that it will benefit the community.
Mr Jimmie Till also expressed his support of the study.
Mr. Albert Sifuentes said he wished to discuss the maintenance of cemeteries in the city.
Mayor Neal pointed out that the Council was hearing comments about Item 6, and he asked Mr.
Sifuentes to address that issue later in the meeting.
City Secretary Chapa polled the Council for their votes as follows:
6. M97-153
Motion authorizing the City Manager or his designee to execute a research agreement in the
amount of $14,665 with the Texas Engineering Experiment Station for a "Preliminary Study
of Desalination for Meeting Future Water Needs of the Corpus Christi Region."
The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J.
Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Cooper absent.
Minutes
Regular Council Meeting
June 17, 1997
Page 7
Mayor Neal opened discussion on Item 7, freshwater inflows to the Nueces Estuary.
Mr. Dodson introduced representatives of state agencies and other organizations who have
been working with city staff on this proposal: Dr. Larry McKinney, Mr. Al Green, and Mr. Smiley
Nava, Texas Parks and Wildlife Department (TPWD); Mr. Bruce Moulton, Texas Natural Resource
Conservation Commission (TNRCC); and Mr. Ray Allen, Coastal Bend Bays Foundation (CBBF).
Mr. Dodson then gave a brief history of the freshwater inflow operating plan. He explained
that in early 1996 staff approached the Nueces Estuary Advisory Council (NEAC) with a proposal
to suspend the pass-through requirement when the reservoir system total falls below 40% of capacity
and drought condition II is implemented. The city then filed a motion with TNRCC to amend the
operating plan using that proposal, but was met with opposition from several state agencies. As a
result, the city requested a continuance of the motion, which was granted. Subsequently, the CBBF
submitted to the city a management plan to recycle additional wastewater effluents into the Nueces
Estuary, particularly the Nueces Delta, which would also increase the amount of dependable water
supply in the reservoir system.
Using several visual aids, Mr. Dodson discussed in depth the current inflow locations;
conditions of the 1995 freshwater inflow operating order; and the proposed approach to deliver 1,800
acre-feet per month of return flows to the Nueces Delta on a continuing basis through a new treated
water collection and distribution system. He also further discussed the return flow delivery system,
including plans to modify the city's wastewater system to provide additional effluent diversions; the
proposed operating plan; and resulting projections of the reservoir system yield. Mr. Dodson said
the cost of the whole project --about $13 million --would be offset by the increases in reservoir system
yield.
Mr. Dodson noted that under the proposed agreement, the city would realize the immediate
benefit, as granted by the TNRCC, of suspension of the current freshwater inflow requirements while
the diversion plan is being developed and put into effect. Mr. Ken Choffel, of HDR Engineering,
compared aspects of the 1960s drought and the current drought, and he noted that the proposed
project is very economical in terms of the yield gain versus the cost. Mr. Dodson also explained the
process of developing this proposal as well as specific aspects of the agreement in principle and
estimated costs.
Council Member Martin posed several questions about the proposal. Responding to one
question, City Attorney Bray said that since the system would be gaining firm yield through this
project, it could be considered a new water source and the cost could therefore be passed through
under the cost of water. Mr. Dodson added that the agreement in principle specifically excludes the
operation of the Lake Texana pipeline. Mr. Martin said he had also discussed with Mr. Allen and
the CBBF the issue of inflows into the Oso, and he further commented on the issue of firm yield.
Minutes
Regular Council Meeting
June 17, 1997
Page 8
Council Member Garcia asked about the reaction from the refinery representatives about this
proposal, and Mr. Dodson replied that they were very supportive. He added that staff will have to
work with them very closely through the process for various reasons, and he briefly addressed the
permitting process.
Council Member Gonzales said he thought this was an excellent plan, and he commended
Mr. Allen and the CBBF. He added that it is also a good economic development plan. Mr. Dodson
added that the agreement in principle includes an educational component in recognition of the
importance of educating the public about this issue.
Council Member McNichols discussed the cost of the project, and he asked Mr. Dodson to
further explain the three zones of the freshwater release requirements under the proposed operating
plan. Dr. McNichols emphasized that under the proposal, the pass-throughs would only be suspended
if the reservoir system falls below 50% and drought condition I is implemented.
In reply to Dr. McNichols, Mr. Moulton of the TNRCC said the discussions that have taken
place so far have been supported by the TNRCC staff and executive director. He added that the
TNRCC chairman has recused himself from any deliberations because of discussions he had had on
the water issue with former Mayor Mary Rhodes and now Mayor Neal.
In response to another question from Dr. McNichols, Dr. McKinney of the TPWD discussed
the biological evidence of enhanced productivity in the estuary as a result of the releases under the
current operating plan.
Mayor Neal called for comments from the audience.
Mr. J.E. O'Brien said the Council was being required to make a last-minute decision on this
proposal, and he referred to a policy of maintaining the level of Lake Mathis at 91 feet.
Mr. Neal Trolinger asked for clarification of the policy that attempts to reduce the amount
of evaporation in the reservoirs, which Dr. McNichols explained.
Mayor Neal commended staff for their efforts on this proposal.
City Secretary Chapa polled the Council for their votes as follows:
7.a. M97-154
Motion authorizing the City Manager or his designee to execute an agreement in principle
with the Texas Natural Resource Conservation Commission, the Texas Parks and Wildlife
Department, the Texas Water Development Board, the Texas General Land Office, and the
Minutes
Regular Council Meeting
June 17, 1997
Page 9
Coastal Bend Bays Foundation regarding freshwater inflows for Nueces Bay.
The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
7.b. M97-155
Motion authorizing the City Manager or his designee to request a further continuance until
October 15, 1997 from the Texas Natural Resource Conservation Commission on the City's
motion to amend the 1995 Order on Freshwater Inflows to the Nueces Estuary until October
15, 1997.
The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
7.c. M97-156
Motion authorizing the City Manager or his designee to request that the Executive Director
of the Texas Natural Resource Conservation Commission grant administrative relief from
freshwater inflow requirements whenever the Choke Canyon/Lake Corpus Christi Reservoir
System is below 50% during the period of July, August and September, 1997.
The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 8, amendment to the platting ordinance regarding
half -street construction.
Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said staff is proposing
that if a street is not essential to a subdivision's development and it falls on a property line, in lieu
of the street construction, the developer will be asked to place funds into an infrastructure trust fund.
When the development on the other side of the subdivision occurs, the money in the trust fund plus
the other developer's share would be used to build the street. He added that the Planning
Commission was recommending the proposal.
Responding to Council Member Martin, Mr. Crull discussed exceptions that are outlined in
the platting ordinance.
After a brief discussion, Mr. Martin said he thought the proposal should be amended to
Minutes
Regular Council Meeting
June 17, 1997
Page 10
include the approval of the Council in the process. Mr. Hennings said staff would bring back a
motion to amend prior to second reading.
In reply to Council Members Garcia and Martin, Mr. Crull further discussed specific aspects
of the proposal.
Mayor Neal called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
8. FIRST READING ORDINANCE
Amending the Platting Ordinance by providing that the City may postpone half street
construction until such time as full street construction is necessary by requiring that any
owner of any tract of land who divides the same into two or more parts by platting must pay
cash in lieu of constructing half -street improvements and/or related infrastructure
improvements before final plat recordation; providing for penalties; providing for severance;
providing for publication.
The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper
absent.
*************
Mayor Neal opened discussion on Item 9, change to the Plumbing Code.
In reply to Council Member Martin, Mr. Tom Utter, Assistant City Manager for
Development Services, briefly discussed the effective date of this ordinance.
Mayor Neal called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
9.a. FIRST READING ORDINANCE
Amending the Standard Plumbing Code, adopted by Section 13-6, Code of Ordinances, City
of Corpus Christi, to require that any irrigation system located within the right of way
between the sidewalk and curb and similar areas shall use drip emitters or soaker type hoses
instead of spray heads; providing for penalties; providing for severance; and providing for
publication.
The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia,
Minutes
Regular Council Meeting
June 17, 1997
Page 11
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper
absent.
9.b. FIRST READING ORDINANCE
Amending the Standard Administrative Chapter of the City of Corpus Christi Technical
Construction Codes, as adopted by Section 13-1, Code of Ordinances, City of Corpus Christi,
to add a licensed irrigator to the Mechanical/Plumbing Advisory Board; providing for
severance; providing for publication.
The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper
absent.
* * * * * * * * * * * * *
Before moving to the consent agenda, Mayor Neal noted that a citizen had been waiting to
address the Council.
Mr. Albert Sifuentes said he was concerned about the condition of some local graveyards,
including one in which veterans are buried.
Mayor Neal then called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 10 through 24, and Council Members requested that
Items 11, 13, 15, 20, and 24 be withheld for discussion. City Secretary Chapa polled the Council for
their votes and the following were passed:
10. M97-157
Motion approving supply agreements with the following companies for the following
amounts in accordance with Coastal Bend Council of Governments Bid Invitation No.
CBCOG-97-3 for food items which include canned and frozen fruit and vegetables, meats,
and condiments for an estimated six month expenditure of $69,451.03 based on low bid, low
bid meeting specification and only bid. The term of the contracts shall be for six months
with an option to extend for up to three additional months, subject to the approval of the
Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee.
Funds are budgeted in FY 96-97, and requested for FY 97-98 by Senior Community
Services.
Sysco Food Service
Corpus Christi. TX
$19,112.58
U. 5. Foods
San Antonio. TX
$17,033.87
Alliant Food Service
Austin. TX
$12,698.75
Minutes
Regular Council Meeting
June 17, 1997
Page 12
Glazier Foods Co.
Houston. TX
$9,136.13
Olsen Kessler Meats
Corpus Christi. TX
$2,021.62
Grand Total $69,451.03
Labatt Food Service
Corpus Christi. TX
$9,448.08
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
12. M97-159
Motion authorizing the City Manager or his designee to negotiate with Shiner, Moseley and
Associates for engineering services associated with preparation of design and contract
documents necessary to construct Sector 7 of the J.C. Elliott Landfill.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
14. M97-161
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$92,730 with Quality Machine and Equipment Co. for the O.N. Stevens Water Treatment
Plant: Basin 3 & 4 Flocculator Repair (Bull Gears and Bearings) project.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
16.a. M97-164
Motion authorizing the City Manager or his designee to accept a renewal grant and execute
a contract in the amount of $44,035 with the Corporation for National Community Service
for the continuation of the Retired and Senior Volunteer Program.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
16.b. ORDINANCE NO. 022957
Ordinance appropriating $44,035 from the Corporation for National and Community Service
to the No. 162 State and Federal Grants Fund for the continuation of the Retired and Senior
Volunteer Program.
Minutes
Regular Council Meeting
June 17, 1997
Page 13
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye"; Cooper absent.
17. ORDINANCE NO. 022958
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with the Corpus Christi Beach Association to maintain banners within the Corpus
Christi Beach area along each of the following street section: Burleson Avenue, between U.
S. 181 and Surfside Boulevard; Timon Boulevard, between Burleson Avenue and E. Surfside
Boulevard; Surfside Boulevard, between Burleson Avenue and E. Surfside Boulevard; E.
Surfside Boulevard, between Coastal Avenue and Pearl Street; Aquarium Boulevard,
between Pearl Street and South Terminus; Pearl Street, between E. Surfside Boulevard; No.
Shoreline Boulevard; and No. Shoreline Boulevard 'Bus Turn -around' Terminus; No.
Shoreline Boulevard between Pearl Street and Coastal Avenue; and Coastal Avenue, between
No. Shoreline Boulevard and E. Surfside Boulevard; for $100 consideration.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye"; Cooper absent.
18. ORDINANCE NO. 022959
Ordinance authorizing the City Manager or his designee to execute an agreement with
Central Power & Light Company for the second phase of street lighting improvements in the
"78415 Zip Code Area" to support the prevention and reduction of juvenile crime.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting
"Aye"; Cooper absent.
19. FIRST READING ORDINANCE
Authorizing the City Manager, or his designee, to execute a consent to (A) an assignment
and assumption agreement between Dollar Rent A Car Systems, Inc. ("Dollar") and JFC
Leasing, L.L.C. ("JFC"), and (B) an assignment from Dollar to JFC and Amendment No. 1
to the lease with JFC which assigns the Rent-A-Car concession agreement dated October 30,
1991 between Dollar and the City to JFC, on the same terms and conditions set out therein,
except that the lease is currently on a month to month basis ending December 31, 1997, for
counter space, office space, ready car space, automotive repair facility, and joint use of
common areas at Corpus Christi International Airport, in consideration of payment of the
Minutes
Regular Council Meeting
June 17, 1997
Page 14
greater of $9,333.00 per month or 10% of gross revenues per month; providing for
publication.
The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper
absent.
21. ORDINANCE NO. 022961
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 second reading by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper
absent.
22. ORDINANCE NO. 022962
Authorizing the City Manager or his designee to execute a 10 -year lease with Oso Little Miss
Kickball League for Tracts 1 & 2 South Guth Park in consideration of Oso Little Miss
Kickball maintaining premises and improving and offering a kickball program; and
providing for publication.
The foregoing ordinance passed on second reading by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper
absent.
23. ORDINANCE NO. 022963
Authorizing the City Manager, or his designee, to execute five year lease with Tejas
Bowmen Archery Club for approximately 40 acres of City Property along Allison Drive
designated as tracts "A" and "B", Nueces View Tracts, for an archery range in consideration
of Tejas Bowmen Archery Club maintaining the premises.
The foregoing ordinance passed on second reading by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper
absent.
Minutes
Regular Council Meeting
June 17, 1997
Page 15
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 11, pumping plant fence installation.
Responding to Council Member Martin, Mr. R.H. Shackelford, Director of Engineering
Services, said he thought that there may have been so few bidders on this project because it was in
excess of $15,000 and required a bid bond and performance and payment bond. Mr. Martin asked
staff to call a few of the local fence companies to inquire why they did not bid on this project.
City Secretary Chapa polled the Council for their votes as follows:
11. M97-158
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$41,040 with Imperial, Inc. for the J.W. Cunningham Pumping Plant: Sludge Lagoon Fence
Installation project.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
************
*
Mayor Neal opened discussion on Item 13, ongoing pump rehabilitation and maintenance.
Council Member Garcia questioned the large range of the bid amounts. City Manager
Hennings replied that the type of work required for this project is unique, making it necessary for
the bidder to come to the site in order to make an accurate estimate of the cost involved, which some
companies do not do. Mr. Shackelford added that the low bidder, Quality Machine and Equipment
Company, has experience with this type of work, which benefitted them in preparing their bid.
Mr. Garcia also asked about the varying requirements among different projects of the
minority business enterprise participation. Mr. Shackelford replied that each project is evaluated to
determine if those enterprises are available in the community.
City Secretary Chapa polled the Council for their votes as follows:
13. M97-160
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$88,424 with Quality Machine and Equipment Co. for the O.N. Stevens Water Treatment
Plant and Pumping Plants: FY 1997 On-going Pump Rehabilitation/Maintenance Program,
Minutes
Regular Council Meeting
June 17, 1997
Page 16
Phase II.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, and Neal voting "Aye"; Cooper, Martin, and McNichols absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 15, grant renewals for nutrition programs.
Council Member Garcia asked if there was a chance that those grants would not be renewed.
City Manager Hennings replied that he did not think that those monies would be jeopardized.
City Secretary Chapa polled the Council for their votes as follows:
15.a. M97-162
Motion authorizing the City Manager or his designee to accept a renewal grant and execute
a contract in the amount of $533,028 with the Coastal Bend Council of Governments for the
continuation of the Elderly Nutrition Program.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent.
15.b. ORDINANCE NO. 022955
Ordinance appropriating $533,028 from the Texas Department on Aging through the Coastal
Bend Council of Governments in the No. 162 State and Federal Grants Fund for the Elderly
Nutrition Program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper
and McNichols absent.
15 c M97-163
Motion authorizing the City Manager or his designee to accept a renewal grant and execute
a contract in the amount of $125,815 with the Texas Department of Human Services for the
continuation of the Meals on Wheels program.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent.
Minutes
Regular Council Meeting
June 17, 1997
Page 17
15.d. ORDINANCE NO. 022956
Ordinance appropriating $125,815 from the Texas Department of Human Services in the No.
162 State and Federal Grants Fund for the Meals on Wheels Program.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper
and McNichols absent.
* * * * * * * * * * * *
*
Mayor Neal opened discussion on Item 20, hospital zone on Alameda Street.
Council Member Garcia noted that the school zone in front of St. Patrick's Elementary on
Alameda is included in the hospital zone, which will have a speed limit of 20 miles per hour between
the hours of 7 a.m. and 6 p.m., when the flashers are operating, from Texan Trail to Ropes Drive.
He questioned whether the school zone signs were really necessary since the speed limit will be
controlled by the existence of the hospital zone.
City Manager Hennings said that since the hospital zone incorporates a long portion of
Alameda Street, enforcement of the 20 MPH speed limit will be a problem. As a result, he said he
would be very reluctant to eliminate the school zone signs because they draw the attention of the
motorists to the existence of the school there.
City Secretary Chapa polled the Council for their votes as follows:
20. ORDINANCE NO. 022960
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 second reading by the following vote: Capelo, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols
absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 24, Storm Water Management Advisory Committee.
He requested input from the Council members and staff concerning suggestions for possible
members for this committee.
Minutes
Regular Council Meeting
June 17, 1997
Page 18
Council Member Martin made a motion to amend the ordinance to include a "sunset"
provision of 24 months, seconded by Council Member Gonzales, and passed unanimously (Cooper
and McNichols absent).
City Secretary Chapa polled the Council for their votes as follows:
24. ORDINANCE NO. 022964
Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, by
establishing the Storm Water Management Advisory Committee; providing for the abolition
of the committee; providing for severance; and providing for publication.
The foregoing ordinance passed on second reading, as amended, by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper
and McNichols absent.
* * * * * * * * * * * * *
Mayor Neal announced the closed session, pursuant to the following sections of the Texas
Government Code: Section 551.074, to discuss Municipal Court judge appointments with possible
action thereon in open session; Section 551.071, regarding Onesimo Cruz v. City of Corpus Christi,
No. 89-4954-D, 105th District Court, Nueces County, Texas, with possible action thereon in open
session; and Section 551.071, to receive the advice of the City Attorney on and review all litigation
and potential litigation involving the City of Corpus Christi.
The Council went into closed session.
The Council returned from closed session.
Council Member Martin, a member of the Council's Municipal Court Committee, said he
and the other committee members interviewed applicants for the Municipal Court judge positions
that morning. Based on that, the committee made a recommendation on the judge appointments,
which Mr. Martin stated in the form of a motion as follows: that Rodolfo Tamez be reappointed as
Municipal Court Presiding Judge; that Don Alex be reappointed as Municipal Court Judge; that
Nelva Gonzales Ramos be appointed as Municipal Court Judge; and that Julianna Rivera be
appointed as the part-time Municipal Court Judge.
The motion was seconded by Council Member Gonzales. Mayor Neal called for a voice vote
on the motion, and it passed by the following vote: Capelo, Gonzales, B. Longoria, J. Longoria,
Martin, and Neal voting "Aye"; Garcia voting "No"; Cooper and McNichols absent.
Minutes
Regular Council Meeting
June 17, 1997
Page 19
M97-165
Motion reappointing/appointing the following judges, effective June 24, 1997, to terms
coterminous with the City Council:
a. Rodolfo Tamez (reappointment) as Presiding Judge of the Municipal Court of Corpus
Christi, Texas, and Judge of Division A;
b. Donald Alex (reappointment) as Judge of the Municipal Court of Corpus Christi, Texas,
Division B;
c. Nelva Gonzales Ramos as Judge of the Municipal Court of Corpus Christi, Texas,
Division C;
d. Julianna Siracusa Rivera as Judge of the Municipal Court of Corpus Christi, Texas,
Division E.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Hennings said the key issue updates
on next week's agenda will include youth issues, Police Department staffing, and land use planning
on the northside area. He said there will also be a budget discussion next week, as well as a
proposed resolution to adopt the city's investment policy. He said the investment management staff
wished to give the Council members a presentation during lunch next week and show them around
the city's Finance Department. There will also be a budget workshop beginning at 9 a.m. on July
1st, and there will be a briefing on the Gateway Project during the July 8th meeting. Mr. Hennings
added that Elizabeth Street next to Spohn Hospital would be closed for five days beginning
tomorrow in connection with construction there.
In his report, Mayor Neal thanked staff for their responses to several budget -related questions
raised by the Council members. He also thanked the Council for their unanimous support of the
water issues before them at that meeting.
Mayor Neal called for Council concems and reports.
Council Member Betty Jean Longoria requested an update on the status of the factory outlet
mall; a presentation on the buy-out program; and she commented on the need for more benches at
Sherrill Park.
Council Member Capelo commended Mr. Hennings and the veterans' organizations for their
efforts on the patriotic ceremony June 14th for Flag Day and U.S. Army Day. He again requested
a chronological listing of the events related to the Lighthouse Restaurant lease. He asked who to
speak with regarding the pro hockey lease, and Mr. Hennings said he would discuss that issue with
Mr. Capelo.
Minutes
Regular Council Meeting
June 17, 1997
Page 20
Council Member Gonzales said he had requested an organizational chart of the Greater
Corpus Christi Business Alliance. Mr. Hennings said he had written to Mr. Keith Arnold, and he
would follow up with him on it.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 7:30 p.m. on June 17, 1997.
* * * * * * * * * * * * *