HomeMy WebLinkAboutMinutes City Council - 08/12/1997I 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 August 12, 1997, which were approved
by the City Council on August 19, 1997.
WITNESSETH MY HAND AND SEAL, this 19th day of August, 1997
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 12, 1997
2 p.m.
PRESENT
Mayor Loyd Neal
Mayor Pro Tem Jaime L. Capelo Jr.*
Council Members:
Alex L. Garcia Jr.
Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
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 Ron Horton, Parkdale Baptist Church, following
which the Pledge of Allegiance to the flag of the United States was led by Council Member
Gonzales.
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 July 29,
1997, and the special Council meeting of August 5, 1997. There being no corrections, he proclaimed
them approved as presented.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jim Heitpas, 1418 Yucca Court, said he thought the old Nueces County Courthouse
should be demolished.
Mr. Glynn Pugh, 725 Harrison, urged the city to demand an immediate refund from Central
Power and Light, which he said the company would not be willing to pay until February 1998 or
later. City Manager Hennings replied that he had given verbal instructions to the city's counsel to
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Regular Council Meeting
August 12, 1997
Page 2
join in the refund request, and Council Member Martin asked that Mr. Hennings confirm those
instructions in a letter and forward it to the Council.
Mr. Roy Martinez, 1440 Dahlia, discussed the importance of establishing a police substation,
along with additional police officers, in the 78415 ZIP code area.
Ms. Aim Middour, 1527 Lea Lane, said a friend of hers, Mr. Charles Jacobs, is an engineer
who served on a committee in 1984 and 1985 with Mr. Hayden Head. She referred to a 1985 meeting
concerning the Wesley Seale Dam which she said was attended by Mr. Jacobs and Mr. Edward
Martin (City Manager at that time), along with other people. She said nothing was done about the
dam at that time and she questioned whether anything would be done now by the Wesley Seale Dam
Oversight Committee. Mayor Neal said there has been an extensive amount of information gathered
and several meetings held on the issue, and he said they may be able to bring this to closure over the
next few weeks.
*Council Member Capelo arrived at the meeting at 2:20 p.m.
Mr. J.E. O'Brien, 4130 Pompano, commented on maintenance on the water wells, as well
as the need for the new Council members to be briefed on the needed repairs to City Hall. He said
the consent agenda should consist of consent items, adding that there were some items on the day's
consent agenda which he said did not belong there.
In response to Mr. O'Brien's comments, City Manager Hennings said the city had filed a
lawsuit against the construction contractor for City Hall involving some leaks in the building which
has not yet been resolved. He added that water wells are funded from the utility fund and the
ratepayers pay for the maintenance of those wells; also, the wells only need to be used during periods
of severe drought.
Regarding Mr. O'Brien's comments about the consent agenda, City Attorney Bray said that
although there was not a legal requirement one way or the other, the policy is that consent items are
routine items for which the Council has been provided sufficient background information so that the
agenda can be expedited. He pointed out that any Council member or citizen can request that a
consent item be pulled and put on the open agenda for discussion. Council Member Gonzales said
he also thought that some items, such as the item about the Greater Corpus Christi Business
Alliance's budget, did not belong on the consent agenda.
Mr. George Balli, 2826 West Mount, suggested that Memorial Coliseum be renamed "Mary
Rhodes Memorial Coliseum" and include plaques in the building's hall of past, present and future
social and civic leaders. He also noted that the city was seeking another tenant for the Lichtenstein
House in Heritage Park, and he suggested that the Tejano Academy of Fine Arts be considered as
a tenant, possibly along with other grassroots organizations. Council Member John Longoria
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Regular Council Meeting
August 12, 1997
Page 3
pointed out that Memorial Coliseum was so named in honor of the area's veterans. He suggested
that the bilingual theater may be a possible location for Mr. Balli's organization.
Mr. Leon Perez, 904 Buford, criticized what he said were "imported" engineers who would
be used to help repair the Wesley Seale Dam.
Mr. Jorge Matanzo, 1318 Waldron, thanked Mayor Neal for calling him to explain the
Mayor's position on the homeless.
Mr. Abel Alonzo, 1701 Thames, said he had been criticized by a citizen for speaking out at
previous Council meetings about the Corpus Christi Taxpayers Association.
Mr. Quint Gibson, a retired insurance investigator, said people should not be focusing on the
history of problems at the Wesley Seale Dam but rather on what will be required to repair it. He
added that he supported the possibility of bringing a AA professional baseball team to Corpus
Christi, and he said he did not think that professional hockey would be successful here.
At that point, there was a power failure, so Mayor Neal called for a short recess.
* * * * * * * * * * * * *
Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the
following appointments were made:
Ad Hoc Old Nueces County Courthouse
Advisory Committee
Glenda Kane
Terry Orf
Judge Hilda Tagle
Linda Mora
Dr. Jack Best
Edwin Goodman
Deborah Douglas
Stan Graves
Patricia Cano
Bernard Paulson
Board of Adjustmenj
Peter Mahaffey
Eloy Salazar
Community Youth Development
Steering Committee (784151
Mike Briones
Adriana Salazar
Raul Jimenez Salazar
Jim Heitpas
Ethics Commission
Eduardo Hinojosa
Landmark Commission
Alan Belcher
Senior Companion Program
Advisory Committee
Terri Center
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August 12, 1997
Page 4
Planning Commission
Brent Chesney
Intergovernmental Commission
on Drug & Alcohol Abuse
Lucy Rubio (Reappointed)
Jean Newberry (Reappointed)
Velma Arellano
Port of Corpus Christi Authority
Ruben Bonilla
**
Building Code Board of Appeals
Brian Barnett
Water Conservation Adv. Committee
Charles Smith
Vernon Camp Cuthrell
H. Ray Johnson Jr.
August Meinrath
* * * * * * * * * * *
Mayor Neal opened discussion on Item H., a presentation on the crime control and prevention
district.
Ms. Laurie Cook, chairperson of the temporary board of the proposed crime control and
prevention district, said the board intends to present their entire proposal to the Council next week.
She introduced three board members who were present: Rose Vela, Fernando Morales, and Marta
Huerta.
Ms. Cook said the board established five goals for the proposed district: to fund additional
police officers for high -crime areas of the city; to decrease the incidents of criminal offenses
associated with young offenders; to provide preventative measures to break the cycle of gang
recruitment and violence; to reduce citizens' fear of crime; and to further the Police Department's
ability to fight crime by adding technological enhancements and new equipment.
Council Member Gonzales said he hopes that eventually police substations can be
established, particularly in high -crime public housing areas. Ms. Vela replied that that concept had
been discussed by the temporary board.
City Manager Hennings reviewed the schedule by which the temporary board would call the
November election for the proposed crime control district. A brief discussion ensued. In response
to Council members' questions, City Attorney Bray pointed out that both the temporary board and
the Council had to approve the crime control plan before it is placed on the ballot.
The next presentation concerned the Community Progress Partnership (CPP)
recommendations.
Mr. Hennings said that city staff, working with the CPP Committee, will provide a fact sheet
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Regular Council Meeting
August 12, 1997
Page 5
next week on each of the recommended CPP projects, as well as a report on discussions with the
Attorney General's Office concerning the ballot language and eligibility questions of some of the
projects. He added that, at the Council's request, staff will provide additional information on the
proposal for a baseball stadium. Also, he said there were two CPP projects which did not have
advocacy groups associated with them: the northside area projects and the Greenwood Learning
Center project. Mr. Hennings then referred to amortization schedules for the CPP that had been
provided to the Council last Friday in the City Council transmittal.
Responding to Council Member Martin, Mr. Hennings said the current proposal included a
19 -year term. Mr. Martin asked what would be the amount of available funds if one year was added
to the term, and Mr. Hennings said it would provide about $4.1 million in funds.
In reply to another question from Mr. Martin, Mr. Tom Utter, Assistant City Manager for
Development Services, discussed the possibility of having more than one bond sale for the CPP
projects. He said the assumption is that all the income would be placed in income -bearing accounts
up front to pay the debt service for future bond sales. He noted that the arbitrage requirements on
the bonds would run for three years. Mr. Hennings said there is a provision to allocate a portion of
the surplus funds to the trust funds. Responding to Mayor Neal, Mr. Utter also discussed the
escalating available funds.
Council Member John Longoria made a motion to subtract $940,000 from the $2.34 million
being proposed for the 78415 Area Park and Learning Center project, for a new project total of $1.4
million. He said the project could be scaled down to reflect the proposed change in the funding
amount. Dr. Gonzales seconded the motion.
Ms. Maureen Bennett, a member of the CPP Committee, said that during the discussion Last
week about this issue, Mr. Al Jones, CPP Chairman, had said the Committee preferred not to cut any
projects they had recommended, but rather to extend the term a few months if the Council felt such
changes were necessary. Upon verification from Ms. Bennett, Mayor Neal said the recommended
projects had already been reduced by a certain percentage.
Dr. Gonzales commented that he fully supported LULAC Council #1, which would develop
the 78415 Area Learning Center, but he felt that a smaller -scale project would have a better chance
of succeeding. Council Members Garcia and Capelo said the Council did not have enough
information to conclude whether the project could be scaled down by almost $1 million.
City Secretary Chapa polled the Council, and Mr. Longoria's motion to subtract $940,000
from the 78415 Area Learning Center project failed to pass by the following vote: Gonzales, J.
Longoria, and Martin voting "Aye"; Capelo, Garcia, B. Longoria, McNichols, and Neal voting "No";
Cooper absent.
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Regular Council Meeting
August 12, 1997
Page 6
Mr. Martin made a motion to increase the funding for the Texas A&M -CC and Youth
Baseball Facilities project by $4 million, for a new project total of $6.5 million; Mr. Garcia seconded
the motion. Mr. Martin said that although the final figures would still need to be determined, this
change would allow for the recruitment and development of a AA baseball team for Corpus Christi.
The motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria,
Martin, and Neal voting "Aye"; McNichols voting "No"; Cooper absent.
Mr. Longoria made a motion that the CPP Committee work with staff and organizers of the
Boys and Girls Club with regards to the Greenwood Learning Center project; Dr Gonzales seconded
the motion.
Mr. Garcia said he thought the Boys and Girls Club representatives should come forward and
make the request. Mr. Martin said Mr. Longoria's motion did not involve giving any organizations
any money; rather, it was meant to identify the Boys and Girls Club as an advocacy group for the
Greenwood Learning Center project.
Mr. Longoria's motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
Responding to Council Member Betty Jean Longoria, Ms. Cook said the CPP Committee had
received proposals from both the Foundation of Hope and the Westside Business Association,
portions of which overlapped. In addition, there were provisions in the Foundation of Hope proposal
that cannot be funded using the CPP mechanism. Consequently, the committee worked with both
organizations to include as much of the Foundation of Hope's projects in the Westside Business
Association's proposal as possible.
Mr. Capelo said he wanted to include a provision in the proposal for renovation of the Corpus
Christi Ballet building that other non-profit dance organizations be allowed to utilize that facility.
Mr. Longoria said he thought funds should be included for renovations to the Harbor
Playhouse. Mr. Utter replied that city staff could meet with staff at the Harbor Playhouse to
formulate a recommendation. Mr. Garcia asked if there had been a plan to expand the Harbor
Playhouse, and Mr. Utter said there had been at one time, which he explained.
Council Member McNichols asked about the figures for the single -member district trust
funds. Mr. Utter said the proposal is to establish annual trust funds of $200,000 for each of the five
districts. Dr. McNichols said that recommendations needed to be sought on how the district trust
funds would be spent. Mayor Neal replied that members of the CPP Committee were formulating
a strategic planning organization to do just that.
Responding to Mr. Martin, Ms. Bennett said the CPP Committee envisioned the
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August 12, 1997
Page 7
establishment of a program similar to the Municipal Arts Commission sub -grant program. She said
the ultimate decision would still have to be made by the IDC. In reply to another comment by Mr.
Martin, Mr. Hennings noted that the line item for streets and lighting does include some funding for
the downtown street lighting program.
Mr. Martin said that before any new facilities are constructed, it should be determined
whether existing facilities --which are already being operated by organizations --can be renovated.
Dr. Gonzales echoed Mr. Martin's comments.
*************
Mayor Neal opened discussion on Item 3, setting a joint public hearing for the proposed
crime control district.
Mayor Neal called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
3. RESOLUTION NO. 023024
Resolution setting a joint public hearing with the Temporary Board of Directors of the
proposed Corpus Christi Crime Control and Prevention District on August 26, 1997 at 2:00
p.m. in City Council Chambers on the proposed two-year Crime Control Plan and a proposed
two-year Budget Plan; and directing publication of notice of such hearing.
The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, J.
Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and B. Longoria absent.
*************
Mayor Neal opened discussion on Item 4, Community Youth Development (CYD) program.
Mr. Malcolm Matthews, Director of Park and Recreation, briefly reviewed the history of the
formation of the CYD program. He also distributed a list of the recommended projects for FY 1997-
98 with the following organizations/entities: Communities in Schools, funding recommendation of
$222,213; Greenwood Branch Library, $44,000; Community Connection, $43,814; Weed & Seed
tile project, $21,750; Park and Recreation programs, $78,668; Teen Court, $10,953; fiscal agent
(City of Corpus Christi) budget, $50,000 for administrative costs and $28,602 for a program
coordinator. The total grant amount is $500,000. Mr. Matthews also explained why some of the
organizations which had submitted grant requests had not been recommended for funding.
Upon verification by Mr. Matthews, Council Member Martin said that $100,000 remained
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Regular Council Meeting
August 12, 1997
Page 8
unspent from FY 1996-97, and he asked if any of those funds could be reprogrammed. Mr.
Matthews said staff felt that would not be feasible because of the restrictions and the time involved
in amending the current contracts prior to August 31 (the end of the current fiscal year). Responding
to another question from Mr. Martin, Mr. Utter said the 78415 area has been included in the Weed
and Seed program for next year.
Mayor Neal also referred to the funds that had not been expended at the end of the current
fiscal year, to which Mr. Matthews responded. A discussion ensued.
Council Member John Longoria said he thought city staff had done well in taking on the
responsibility as the fiscal agent of the CYD program in a very short period of time. He also asked
about the reimbursement process and discussed the need for a program involving the Martineau
Juvenile Facility.
Council Member Capelo asked why only South Park and Baker middle schools were
included in the Community Connection program, and he pointed out that Baker Middle School is
not located in the 78415 area. Mr. Matthews noted that many of the students who attend Baker live
in the 78415 area. Mr. Capelo said that Martin Middle School should be included as well since many
of its students also live in the 78415 area. Mr. Matthews said staff would investigate that possibility.
Mr. Martin said he agreed that the city took on a difficult task as the fiscal agent of the CYD
program, and he suggested that the projects be closely monitored to ensure that they are meeting
their goals effectively.
Mayor Neal called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
4. M97-222
Motion authorizing the City Manager or his designee to submit the FY 97-98 Community
Youth Development Program for the 78415 zip code to the Texas Department of Protective
and Regulatory Services with projects as recommended by the Corpus Christi Community
Youth Development Committee.
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 5, pre -planning for post -hurricane recovery
operations.
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Regular Council Meeting
August 12, 1997
Page 9
In response to Council Member Gonzales, City Manager Hennings said that by using the
consultant's services, the city can ensure that it is prepared to obtain the maximum amount of federal
funds possible following a hurricane, which he explained. He added that the process of disposing
of debris is much more complicated now than it was several years ago when Corpus Christi had to
deal with the problem the last time.
Council Member Martin pointed out that this proposal is not a hurricane plan; rather, it is a
recovery plan for how to obtain reimbursements.
In reply to Council Member Capelo, Mr. Bob Shackelford, Director of Engineering Services,
said that Phase II of the project would have to be negotiated, which he explained.
Mayor Neal called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
5. M97-223
Motion authorizing the City Manager or his designee to execute a professional services
contract in the amount of $96,000 with Shiner, Moseley and Associates, Inc., to provide
post -hurricane pre -planning services.
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 6, adoption of the 1997 ad valorem tax rate.
The Mayor called for comments from the audience.
Mr. J.E. O'Brien said that by adopting the proposed tax rate, the city was giving the citizens
approximately a 1'/a% tax increase. Responding to questions raised by Mr. O'Brien, City Attorney
Bray said that a reference made by Mr. O'Brien did not refer to the economic development sales tax
being considered in accordance with the Community Progress Partnership.
Using visual aids, City Manager Hennings noted that the net assessed tax value has
experienced very modest growth since 1986. With regard to the actual ad valorem tax revenues, Mr.
Hennings said that in 1986 the city collected about $36 million, and staff is projecting to collect
about $41 million in the current fiscal year. He also discussed how the tax rate is distributed among
the different taxing entities, and he pointed out that the proposed tax rate is the same as last year.
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August 12, 1997
Page 10
City Secretary Chapa polled the Council for their votes as follows:
6. FIRST READING ORDINANCE
Prescribing the taxes to be levied, assessed and collected by the City of Corpus Christi,
Texas, for the year 1997 and for each succeeding year thereafter until otherwise provided and
ordained and such other years as the same may be applicable.
The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia, B.
Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper, Gonzales, and Martin
absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
7. Case No. 797-1 L & B Development Inc.: A change of zoning from an "A -1A" Apartment
House District to a "R -1B" One -family Dwelling District on Flour Bluff & Encinal Farm &
Garden Tracts, Section 10, being 9.94 acres out of Lots 6 and 7, located on the south side of
Lipes Boulevard, approximately 700 feet west of Cimarron Boulevard.
City Secretary Chapa said the Planning Commission and staff recommended approval.
No one appeared in opposition to the zoning change. Council Member John Longoria made
a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed
unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023025
Amending the Zoning Ordinance upon application by L & B Development, Inc., by changing
the zoning map in reference to Flour Bluff & Encinal Farm & Garden Tracts, Section 10,
being 9.94 acres out of Lots 6 and 7 from "A -1A" Apartment House District to "R -IB" One -
Family Dwelling District; providing for publication.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Cooper and Martin absent.
* * * * * * * * * *
*
**
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Regular Council Meeting
August 12, 1997
Page 11
Mayor Neal opened the public hearing on the following zoning case:
8. Case No. 797-2. Port Enterprises. Inc.: A change of zoning from an "F -R" Farm -Rural
District to an "I-2" Light Industrial District on Bohemian Colony Lands, Section 14, being
2 acres out of Lot 8, located on the south side of Saratoga Boulevard, approximately 1,250
feet west of the Crosstown Expressway extension.
City Secretary Chapa said the Planning Commission and staff recommended approval.
No one appeared in opposition to the zoning change. Council Member John Longoria made
a motion to close the public hearing; the motion was seconded and it passed unanimously by those
present and voting.
Responding to Mayor Neal, Mr. Brandol Harvey, Director of Planning and Development,
said the city has adopted land use restrictions relative to airport approaches. He said they do follow
and present during public hearings the FAA and Navy requests and guidelines relative to the
approach zones. He added that the Navy did not comment on this zoning case.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023026
Amending the Zoning Ordinance upon application by Port Enterprises, Inc., by changing the
zoning map in reference to Bohemian Colony Lands, Section 14, being 2 acres out of Lot 8
from "F -R" Farm -Rural District to "I-2" Light Industrial District.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Cooper and Martin absent.
* * * * * * * * * *
**
Mayor Neal opened the public hearing on the following zoning case:
9. Case No. 797-3. Spohn Memorial Hospital: A change of zoning from a "B-4" General
Business District to an "I-3" Heavy Industrial District on 0.29 acre out of Share 9 of the Tyre
Mussett 400 acre tract, located 260 feet north of Hospital Boulevard and 370 feet west of
Nineteenth Street.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"I-3" District, and in lieu thereof. approval of a Special Permit for a medical helipad subject to a site
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Regular Council Meeting
August 12, 1997
Page 12
plan and two (2) conditions.
No one appeared in opposition to the zoning change. Council Member John Longoria made
a motion to close the public hearing, seconded by Council Member McNichols, and passed
unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes as follows:
9. ORDINANCE NO. 023027
Amending the Zoning Ordinance upon application by Spohn Memorial Hospital, by granting
a Special Council Permit for a medical helipad subject to a site plan and two (2) conditions
on 0.29 acre out of Share 9 of the Tyre Mussett 400 acre tract.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Cooper and Martin absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
10. Case No. 797-4 Emilio Cano: A change of zoning from an "A-1" Apartment House District
to a "R -1B" One -family Dwelling District on Flour Bluff & Encinal Farm & Garden Tracts,
Section 19, being 10.29 acres out of Lot 9 and 10, located on the west side of Rodd Field
Road, approximately 650 feet north of Wooldridge Road.
City Secretary Chapa said the Planning Commission and staff recommended approval.
No one appeared in opposition to the zoning change. Council Member John Longoria made
a motion to close the public hearing, seconded by Council Member Gonzales, and passed
unanimously by those present and voting.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023028
Amending the Zoning Ordinance upon application by Emilio Cano, by changing the zoning
map in reference to Flour Bluff & Encinal Farm & Garden Tracts, Section 19, being 10.29
acres out of Lots 9 and 10 from "A-1" Apartment House District to "R -1B" One -Family
Dwelling District.
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Page 13
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye";
Cooper and Martin absent.
* * * * * * * * * *
*
**
Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi
Community Improvement Corporation.
*************
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 12 through 20. Council members and a citizen
requested that Items 12, 13, 14, and 19 be withheld for discussion. City Secretary Chapa polled the
Council for their votes and the following were passed:
15. M97-226
Motion authorizing the City Manager or his designee to execute a "Participation Agreement"
in the amount of $30,000 per year with the Nueces County Local Emergency Planning
Committee (LEPC) and Refinery Terminal Fire Company as part of the City's share of the
Integrated Alert Notification and Information Plan project. The term of the agreement is five
(5) years.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
16. M97-227
Motion authorizing the City Manager or his designee to solicit proposals from the
community for the operation of the Lichtenstein House located at 1617 N. Chaparral in
Heritage Park.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
17. ORDINANCE NO. 023030
Ordinance authorizing the City Manager or his designee to accept $69,267.05 from First
Worthing Company as payment in lieu of construction one-half of Dunbarton Oaks and the
supporting Public Utility Infrastructure ("Improvements") that are required to develop and
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Regular Council Meeting
August 12, 1997
Page 14
plat Brighton Village Unit 5, Block 1, Lot 3; establishing a City interest-bearing account in
the Infrastructure Trust Fund to deposit the funds, which are restricted for completion of the
improvements when the property abutting the improvements and opposite Brighton Village
Unit 5, Block 1, Lot 3 are platted.
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. 023031
Ordinance transferring $676,950 from the No. 102 General Fund to the No. 162 Federal/State
Grants Fund; appropriating $676,950 as matching funds for Senior Community Services
Programs in the No. 162 Federal/State Grants Fund.
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.
20. ORDINANCE NO. 023032
Amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings;
Construction and Related Operations; Housing and Housing Premises Standards, to adopt
the 1996 National Electric Code, with minor alterations to the City of Corpus Christi Electric
Code and to make miscellaneous amendments to the administrative chapter of the City of
Corpus Christi Technical Construction Codes; providing for penalties; providing for
severance; 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.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 12, seawall parking lot.
Mayor Neal called for comments from the audience.
Mr. J.E. O'Brien said that the last time this proposal was on the Council agenda, Mayor Neal
withdrew it. He said the reason was because the ordinance, as previously written, violated the City
Charter by transferring funds out of the utility department. Mr. O'Brien asked how the Texas
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Regular Council Meeting
August 12, 1997
Page 15
Constitution relates to the current proposed ordinance.
Mayor Neal replied that he had requested the item be pulled during a previous meeting
because he was not satisfied that the Council had enough information to vote properly on it; he said
it had nothing to do with him questioning the staff's legal input. Mr. Utter further responded to Mr.
O'Brien's questions. Council Member Martin pointed out that the Corpus Christi Community
Improvement Corporation --not the city --was loaning the money.
City Secretary Chapa polled the Council for their votes as follows:
12. ORDINANCE NO. 023029
Ordinance establishing Seawall Parking Lot Acquisition Trust Account No. 111-243.91 in
the No. 111 Trust Fund; amending Ordinance No. 022993 which adopted the FY 97-98
Budget by adding $471,304.00 to the No. 111 Trust Fund, such amount consisting of
$282,750 cash from Seawall Property Owners , a $145,000 loan from the Corpus Christi
Community Improvement Corporation, and a $49,105 Receivable from the General Fund;
appropriating $471,304.00 from the No. 111 Trust Fund for the purchase of Lots 13, 14, and
15, Block 45, Padre Island -Corpus Christi Section A, a subdivision of the City of Corpus
Christi, as shown by map or plat thereof, recorded in Volume 33, Pages 97-99 of the Map
Records of Nueces County, Texas for the purchase price of $450,000 plus accrued interest
at 8% from December 29, 1996 to July 31, 1997.
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.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 13, Wesley Seale Dam crest gate rehabilitation.
In reply to Council Member Gonzales, City Manager Hennings said Abhe & Svoboda Inc.
is the contractor that is doing the spill gate repair work at the dam, and that project is nearing
completion. He said the proposed change order makes some adjustments in the contract at
completion for the deletion of some structural steel work that was unnecessary, and the addition of
floating bulkhead disposal and other equipment. Also, the installation of survey monuments that will
be needed in the future to monitor movement of the dam can be done most economically by this
contractor because they are already on site.
Dr. Gonzales requested that any items related to the Wesley Seale Dam be placed on the
regular agenda rather than the consent agenda.
Minutes
Regular Council Meeting
August 12, 1997
Page 16
Council Member Capelo reiterated the importance of placing dam -related items on the
regular agenda. He added that the language used to describe agenda topics related to the dam should
be clearly indicated.
Dr. Gonzales also requested a report regarding the amount of time it has taken to install
survey monuments at the dam.
Council Member McNichols said he did not agree that minor change orders on contracts that
have been ongoing for many years need to be listed on the regular agenda.
City Secretary Chapa polled the Council for their votes as follows:
13. M97-224
Motion approving Change Order No. 8 in the deductive amount of $61,259.24 to Abhe &
Svoboda, Inc. for the deletion of structural steel repair/replacement/welding ($211,402.53),
and the addition of floating bulkhead disposal, lifting devices for bulkheads and crest gates,
pre-engineered arch building, and survey control/monitoring points ($150,143.29) at Wesley
Seale Dam.
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 14, acquisition of land for Airline Road project.
Responding to Council Member Garcia, Mr. Carl Crull, Assistant City Manager for Public
Works and Utilities, said there are a variety of ways that title companies are selected.
City Secretary Chapa polled the Council for their votes as follows:
14. M97-225
Motion authorizing the acquisition of Parcel No. 6 located on the northwest comer of Airline
Road and Wooldridge Road for $43,009 in connection with the Airline Road Street
Improvements Project.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
Minutes
Regular Council Meeting
August 12, 1997
Page 17
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Mayor Neal opened discussion on Item 19, Greater Corpus Christi Business Alliance budget.
The Mayor asked if there were any changes between the Alliance's initial budget that was
presented to the Council recently and the one being proposed. Mr. Alex Harris, Alliance Chairman,
said the Alliance has not had a board meeting to propose any changes since the budget was initially
presented.
Council Member Capelo said this was another item that belonged on the regular agenda
rather than the consent agenda. He said he wanted to meet with the Alliance leadership to further
discuss their budget prior to the second reading of the ordinance.
Council Member John Longoria suggested that the Alliance explore the possibility of
working with the Hispanic Chamber of Commerce on a fee-for-service basis.
Responding to Council Member Gonzales, City Attorney Bray said the Council is required
to approve the Alliance's budget with respect to revenues from the hotel/motel taxes. Mayor Neal
pointed out that the Port of Corpus Christi Authority and Nueces County, along with the city, also
contribute monies to the Alliance for economic development purposes.
Council Member Martin suggested that the Alliance give a presentation on how the funds
are being expended for economic development. However, he said, the Council has a legal obligation
to adopt an Alliance budget that they believe legally expends the hotel/motel tax revenues, and that
process should not be delayed.
Council Member McNichols said the Council should avoid trying to micro -manage the
Alliance. He said that as far as he could tell, the return on the city's investment in the Alliance has
always been good.
City Secretary Chapa polled the Council for their votes as follows:
19. FIRST READING ORDINANCE
Approving the Fiscal Year 1997-98 Budget for the Greater Corpus Christi Business Alliance.
The foregoing ordinance passed on first reading by the following vote: Garcia, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Gonzales voting "No";
Cooper absent.
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
August 12, 1997
Page 18
Mayor Neal called for the City Manager's report. Mr. Hennings said staff had sent the
Council a report on a new borrowing program called tax-exempt commercial paper which they
believe will save the city money in its capital improvement program. He said Mr. Jorge Cruz-Aedo,
Director of Finance, would give the Council a presentation on the proposal, and next week staff
plans to ask the Council to consider an action item authorizing them to proceed.
Mr. Cruz-Aedo highlighted some of the features of tax-exempt commercial paper, which he
described as a short-term, unsecured promissory note issued by the city which is backed by a letter
of credit by one or more banks. He said it has maturities which range from one to 270 days, and is
issued as debt is needed for specific payments. He said commercial paper "rolls over" (is renewed)
periodically until the city decides to close the program and refinance it through the traditional debt
forms. He noted that the interest rate on commercial paper is typically two percentage points less
than traditional forms of debt.
Mr. Cruz-Aedo said that this program would require the city to have a commercial paper
dealer, who markets the commercial paper on behalf of the city, as well as a credit provider and the
issuing agent. He went on to describe the benefits of such a program, and how it could be applied
to fund the city's utilities capital improvements. The Finance Director then responded to several
Council members' questions.
Mr. Hennings said Mr. James Dodson, Regional Water Director, would give the Council an
update on the Nueces Estuary return flow diversion project. Mr. Dodson described a significant
change in one component of the proposed project --Valero requested an indemnification from the city
of any and all liabilities associated with the diversion of their effluent to a new location. Following
discussions with Valero representatives, city staff felt it would not be prudent for the city to fully
indemnify Valero, who concluded that they could not proceed without that guarantee. As a result,
staff is in the process of redesigning the concept and are proposing that the amount of effluent that
Valero would have diverted could be replaced by the diversion of additional municipal effluent. Mr.
Dodson also described the time table that is required to meet the deadline for the project.
Mr. Shackelford then briefed the Council on the first monthly report from Freese & Nichols
on their contract at Wesley Seale Dam, which was distributed to the Council. He said the installation
of instrumentation is proceeding, as well as soil borings that have been taken. He described in some
detail portions of the work being done.
Council Member McNichols requested information on the number of acre-feet that the city
would have to release if the level of Lake Corpus Christi was raised to 94 feet in the two large target
months.
Council Member Capelo asked staff to make sure that the Council receives any written
reports or information pertaining to the Wesley Seale Dam. Responding to questions from Council
Minutes
Regular Council Meeting
August 12, 1997
Page 19
Members Capelo and Gonzales, Mr. Shackelford and Mr. Hennings briefly addressed the preliminary
test results regarding the uplift pressure on the north spillway of the dam.
Concluding his report, Mr. Hennings said that on August 13th the Nueces County
Commissioners will consider the proposal to add the $1.50 charge to the vehicle registration fee to
pay for the school crossing guard program, which he briefly described. Items scheduled for the
August 19th Council meeting include several on the water issue. City Attorney Bray also discussed
the time table for calling the election for the Community Progress Partnership recommendations and
the proposed crime control district.
Mayor Neal asked Mr. Capelo, Chairman of the Wesley Seale Dam Oversight Committee,
about that committee's time line and when the members might bring any reports to the full Council.
Mr. Capelo said the end of the investigation was not currently in sight. He added that the rest of the
Council had been provided with the same documents that the three committee members had been
given concerning the dam, and he invited the Council to attend and participate in the Oversight
Committee meetings.
The Mayor asked staff to make a presentation on the city's position to the Metropolitan
Planning Organization, and he noted that representatives of the Veterans Land Board were visiting
Corpus Christi.
* * * * * * * * * * * * *
Mayor Neal called for Council concerns and reports.
Mr. Martin referred to a new law in which 9-1-1 fees will be attached on mobile phone
services, and he asked staff to report on how that may affect the city's budget.
Mrs. Longoria raised the issue of the full Council participating in the Wesley Seale Dam
Oversight Committee, and several Council members expressed their opinion on the subject.
Mrs. Longoria made a motion to expand the Oversight Committee to five members, seconded
by Dr. Gonzales. The motion failed to pass.
Mrs. Longoria then made a motion to increase the membership of the Oversight Committee
to the full Council, seconded by Mr. Martin. The motion passed.
Mr. Capelo made a motion to decrease the quorum of the Oversight Committee from five to
three persons, seconded by Dr. Gonzales. The motion passed. Mr. Hennings said staff would bring
those actions back to the Council next week to formalize them.
Minutes
Regular Council Meeting
August 12, 1997
Page 20
Mr. Longoria said the Alliance was sponsoring a small business development workshop
August 14th, and he noted that there would be a Texas Municipal League regional meeting in
Rockport August 21st. He commented that some bus benches were blocking the view on some
roadways.
Mr. Capelo requested an update on the old Frost Brothers building, and he asked staff to
begin investigating funding sources for the repair of the Wesley Seale Dam. He noted that Freese
& Nichols had estimated that repairs could cost a minimum of $20 million and may begin some time
in 1998. Mr. Hennings said staff would provide a report.
Mr. Garcia questioned the costs that have been and will be incurred with the Wesley Seale
Dam Oversight Committee investigation, and he asked that the costs be monitored.
Dr. McNichols asked about the voluminous amount of documents regarding the dam that had
been provided to each Council member. Mr. Capelo said the issue had been raised about each
Council member having access to that information, so he decided to provide it to them individually.
Mr. Martin suggested that the Council spend some time soon collectively addressing what
they hope to accomplish in the next few months in terms of moving the city forward.
Dr. McNichols commented on the length of the Council meetings, saying that allowing the
public to comment at the beginning of the meeting was counterproductive. Mayor Neal said he
understood Dr. McNichols' concerns; however, during his campaign for office, he heard that the
Council had a reputation of not being open and responsive to the public, and he said he would not
support moving the public comment portion to the end of the Council meeting. Dr. Gonzales
commented on the need to have open communication during the meetings.
Dr. McNichols made a motion to move the public comment portion to the end of the agenda,
seconded by Mr. Martin. City Secretary Chapa polled the Council, and the motion failed by the
following vote: J. Longoria, Martin, and McNichols voting "Aye"; Capelo, Garcia, Gonzales, B.
Longoria, and Neal voting "No"; Cooper absent.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 7:25 p.m. on August 12, 1997.
* * * * * * * * * * * * *