HomeMy WebLinkAboutMinutes City Council - 09/09/1997I 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 September 9, 1997, which were approved
by the City Council on September 16, 1997.
WITNESSETH MY HAND AND SEAL, this 16th day of September, 1997
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 9, 1997
2 p.m.
PRESENT
Mayor Loyd Neal
Mayor Pro Tem Jaime L. Capelo Jr.
Council Members:
Melody Cooper
Alex L. Garcia Jr.
Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward Martin
Dr. David McNichols
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.
Following the invocation, the Pledge of Allegiance to the flag of the United States was led
by Mayor Neal.
City Secretary Chapa checked 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 August 26,
1997. Council Member McNichols asked that the minutes reflect that during the last Council
meeting he was in Austin representing the city before the Texas Water Development Board. A
motion was made and seconded to reflect that change, and the minutes were approved as amended.
Mayor Neal called for petitions from the audience.
Mr. Abel Alonzo, 1701 Thames, said that as a strong supporter of diversity and inclusion,
he felt it was important for the City Manager to review the ethnic make-up of the city employees.
Ms. Nelda Martinez said she was proud of the leadership exhibited by this Council and she
commented on the challenges they have faced, including the water issue and the Community
Progress Partnership.
Mr. J.E. O'Brien, 4130 Pompano, discussed the city's debt, and he questioned how much
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Regular Council Meeting
September 9, 1997
Page 2
debt the city can afford. He suggested that city officials cancel the election for the CPP sales tax
increase and instead utilize a three-eighths cent tax increase for three years to pay for the repairs of
the Wesley Seale Dam. He said if that was not possible, then a general obligation bond election
should be held to raise the money for the repairs.
Mr. Leon Perez, 904 Buford, said people should not forget that this community is responsible
for two dams, both of which he said were experiencing difficulties.
Mr. R.F. Masker, 1813 Wallace, referred to a previous comment by Mayor Neal about people
complaining of things that are wrong with the city. He suggested that the Mayor merely wanted to
hear from people who agreed with him, and he said there are things that are wrong with the city.
Mr. Neal Trolinger, 337 Stages Dr., reiterated Mr. O'Brien's comments concerning
instituting a three-year, three-eighths cent sales tax to repair the Wesley Seale Dam. He said there
was also a need to aggressively market Corpus Christi.
Mr. Phil Rosenstein said he was appreciative that citizens' comments were able to be heard
at the beginning of the Council meeting rather than at the end. He added that the meetings of the
Wesley Seale Dam Oversight Committee should be televised.
**********
*
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Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
Community Youth Development
Steering Committee (78415)
Valerie Shurbet
Eloisa Garcia
Municipal Arts Commission
Victor Martinez (Reappointed)
Alda Godines (Reappointed)
Dr. Sam Logsdon (Reappointed)
Lynda Kaffie
Nueces County Community Action Agency
Mayor Neal (represented by Terry Mills)
Betty Jean Longoria (represented by
Victor Gonzalez)
John Longoria (represented by Freddy Cavazos)
Museum of Science & History
Advisory Committee
Donna Speer (Reappointed)
Frank Veltri (Reappointed)
C.W. Carpenter (Reappointed)
Lillian Murray
Park & Recreation Advisory Cmte.
JoAnne McNeill (Reappointed)
Dr. Joseph Horvat (Reappointed)
Sharon Stewart (Reappointed)
Paul Werner (Reappointed)
John Dunn (Reappointed)
Billy Olivarez (Reappointed)
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Regular Council Meeting
September 9, 1997
Page 3
Sister City Committee
Mary Saenz (Reappointed)
David Bar era (Reappointed)
Rodolfo Delgado (Reappointed)
Elida Gonzalez (Reappointed)
Miguel Rendon (Reappointed)
Ramon Lopez (Reappointed)
Rose Gunji
Rafael Carrizo
Helen Hays
* * * * * * * * * * * * *
Mayor Neal introduced the presentations, and he said the presentation concerning the
equipment notes financing program (Item 4) would not be given that day.
With regard to Item 3, Mr. Malcolm Matthews, Director of Park and Recreation, gave an
update on youth initiatives during the summer of 1997. He said that before the summer programs
began, staff had recommended and the Council had approved changes in fees to increase
participation in the summer programs, which occurred on a greater scale than anticipated. For
instance, the summer youth recreation program had a 90% increase over last summer; the teen
summer program (for middle school youth) had a 115% increase; and participation in the general
swim program increased 64%. He added that 268 young people under 18 were hired to work with
the summer programs.
Responding to Mayor Neal, Mr. Matthews discussed the changes from last summer in the
summer lunch program. There were 11 sites last summer and 23 sites this year funded through a
state grant.
In reply to Council Member McNichols, Mr. Matthews said staff will be working on
improving its recruitment of summer program employees, as well as Latchkey employees.
Council Member Betty Jean Longoria asked how year-round schooling would affect the
summer programs. Mr. Matthews said the programs would probably not change that much but the
hiring of staff would have to be adjusted since many of the staff are college students.
In response to questions from Council Members Garcia, Gonzales, and John Longoria, Mr.
Matthews discussed other aspects of the summer programs, including the youth recreation program,
Latchkey program, and youth golf program. He added that the Community Youth Development
(78415) grants have been approved by the state agency and those programs have begun. He said that
on September 17, 1997, at the Greenwood Senior Center there will be a seminar held by the
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Regular Council Meeting
September 9, 1997
Page 4
Department of Justice and the Texas Department of Protective and Regulatory Services on ways to
combat violent juvenile crime. Also, the next joint meeting of the City Council, Nueces County, and
the Commission on Children and Youth will be held on September 29, 1997 at the Bayfront Plaza
Convention Center.
************
*
Mayor Neal opened discussion on Item 5, an update by Freese & Nichols Inc. consulting
engineers on the Wesley Seale Dam stability analysis.
Mr. Robert Herchert, President of Freese & Nichols in Fort Worth, said he wanted the
Council to understand that Corpus Christi is an important and valued client to his company and they
are looking forward to a continuing relationship with the city. He said he has been reading in the
media about the situation at the Wesley Seale Dam, and he emphasized that their intention was not
in any way to mislead or misrepresent the facts regarding their participation in the dam project. Mr.
Herchert said Freese & Nichols is the oldest engineering firm in the state and one of the oldest in the
world, and they pride themselves on the company's honesty, ethics and integrity. He noted that as
the former City Manager of Fort Worth, he understands the sensitivity and importance of this project
to the Corpus Christi City Council, and he pledged to help the city solve whatever problems exist
with the dam.
Council Member Capelo invited Mr. Herchert to attend the next meeting of the Wesley Seale
Dam Oversight Committee on September 16th at 9 a.m. Mr. Herchert replied that he would like to
attend that meeting.
Dr. Ron Waters, an engineer with Freese & Nichols, said that during his last presentation on
July 15th he told the Council how they intended to measure the uplift under the dam's buttresses
and the strength of the dam's foundation, and those studies have been progressing quickly. He said
they have installed all of the bore holes, piezometers, and extensometers on the north spillway. He
said the pressures under the north spillway are not exceedingly high and are optimistic. In addition,
many of the bore holes have been installed in the south spillway, as have all of the extensometers.
He noted that the extensometers in both spillways will become the primary monitoring tools now
and in the future for any movements occurring in the dam.
Dr. Waters also pointed out that the level of Lake Corpus Christi has lowered, which
provides some relief. He said they may finish gathering the soil samples from the south spillway in
about the middle of October, and the results of those tests should be ready in about the middle of
November.
Responding to Council Member Garcia, Dr. Waters briefly discussed the stabilization of the
concrete grout and some of the factors indicating that both spillway sections may have moved.
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Regular Council Meeting
September 9, 1997
Page 5
In reply to Council Member McNichols, Dr. Waters explained that the extensometers will
be permanent references to record any movement of the buttresses, and they do not relate to Freese
& Nichols' evaluation of the dam's stability. However, the piezometers will be used to measure
uplift under the dam which the engineers will use to determine the dam's factor of safety. Dr.
McNichols commented on the fact that the variables are constantly changing. Dr. Waters said the
intent is to measure the uplift at one elevation and then project that information back to elevation 94
(the level at which the reservoir is full).
Council Member Martin asked if Dr. Waters could determine the relative safety of the
Wesley Seale Dam at this point. Dr. Waters said the engineers felt that by limiting the lake's
elevation to 91 feet, the safety of the dam was not in question. In fact, he said, their opinion of the
dam's stability is improving. Replying to another question from Mr. Martin, Dr. Waters said they
could provide the dam's factor of safety at each elevation if the Council wished.
Mr. Capelo also invited Dr. Waters to attend the Oversight Committee's meeting next
Tuesday. Mr. Capelo then gave an update on the committee's work, in which he noted that there had
been a long and informative questioning period during the committee's meeting that morning.
Among those questioned were City Manager Hennings, Internal Auditor Nancy Mrazek, and John
King, principal engineer with Freese & Nichols. Mr. Capelo said those people were asked
specifically about the inclusion and omission of certain documents from the Internal Auditor's
report, as well as presentations made by Freese & Nichols' before the Council in June and July. He
said this morning's meeting led to more questions and he felt that the committee's investigative work
will continue; in addition, he said there should be additional questioning of the outside consultants
as well as city staff.
Mr. Capelo made a motion that the meetings of the Wesley Seale Dam Oversight Committee
be televised; seconded by Council Member Cooper.
Council Member John Longoria said the Council had discussed at the last Council meeting
about trying to bring closure to the committee's work, and he commented on the expense of the
investigation thus far. He said that televising the committee's meetings will further increase the
expense, while the original intent of the committee was to develop the communication process.
Mrs. Cooper said the morning's proceedings had raised issues in her mind about the audit,
the transmittal of documents, the delivery of documents by Freese & Nichols and that company's
integrity. She pointed out that there would not be an additional expense for the camera technician
since he was already at the committee meeting operating the audio and video equipment in the
Council Chambers.
Dr. McNichols said he thought the emphasis should be on installing the monitoring
equipment at the dam and then devising a plan on how to repair the dam. He added that they had
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Regular Council Meeting
September 9, 1997
Page 6
been provided with information on the history of the dam and now they needed to move forward;
Mr. Longoria concurred.
Council Member Gonzales said he supported a continuation of the Oversight Committee's
work if there are relevant questions which need to be asked, but he said a time limit should be set.
He also recommended that the Council members very carefully read the information they have been
provided.
City Secretary Chapa polled the Council for their votes on the motion to televise the
Oversight Committee meetings. The motion passed as follows: Capelo, Cooper, Gonzales, B.
Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia and J. Longoria voting "No."
Mr. Capelo said the appropriate time to decide the existence and any time limits for the
Oversight Committee --which consists of the Council members --should be determined when the
members are operating in their capacity as the Oversight Committee. He invited every Council
member to attend the committee's meeting next Tuesday and if the desire is to end the committee's
existence at that time, it would require a motion, second, and a majority vote to do so. Mr. Capelo
said the questions during the committee's meeting that morning were raised by the discovery of a
document that was not included in the Internal Auditor's report that had relevant information
regarding the timing of when the heave was discovered. He added that the committee was
attempting to complete the goals that the Council had approved on July 22, 1997.
Mrs. Cooper reiterated that some very serious questions were raised during the committee's
meeting that need to be answered.
Council Members Betty Jean Longoria and Garcia discussed the need for communication
with the Council members. Mr. Garcia added that they were getting to the point of acting more as
a criminal investigative entity rather than trying to do what is right for the community.
Mr. Martin pointed out that the Oversight Committee consists of the Council, and he said
they need to remember to respect each other. He said if any one of the members have additional
questions or information, they should proceed and then make their decisions. Mr. Martin said he was
present at the committee's meeting that morning, and he felt that Mr. Hennings answered almost all
of the questions that were raised in Mr. Capelo's memorandum. Mr. Martin added that the committee
was not impeding the process of working toward repairing the dam.
Mr. Capelo stated that the memo was given to the City Secretary shortly after lunch on
September 8th with a request that it be faxed to each of the Council members. He said the reason for
the memo was to inform the Council members about serious concerns he had regarding the content
of a handwritten chronology, which he said was distributed at the August 26th committee meeting.
Mr. Capelo said he was also concerned that there was an attempt to end the investigation before it
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Regular Council Meeting
September 9, 1997
Page 7
had been completed.
Mrs. Cooper said she did not think the committee should be dissolved because she does not
believe its work is completed. She added that more examination is needed, specifically about
problems that occurred in obtaining information for the Internal Auditor's report. Mrs. Cooper also
said that the investigation was not delaying any repair of the dam, nor was there a great deal of
money being expended to carry on the investigation.
Mr. Hennings said that criticism of the Internal Audit staff is not warranted, and it is clear
that their report is exactly in accordance with their assignment, which is stated in the report. He said
any dissatisfaction should be directed toward him since he crafted the assignment.
Responding to Dr. McNichols, Mr. Hennings said they set out to learn what happened with
regard to the Wesley Seale Dam over the last four years, and they have actually studied events over
the last six years. He said he is satisfied that they have learned what happened in the last six years.
Mr. Hennings said the question raised at the committee meeting that morning was whether the
Council wants staff to visit the outside consultants and review their files, which they will do if asked.
Mr. Garcia said he did not mind supporting a continuation of the committee if there is new
information to be gathered, but there does not appear to be any additional information. He said he
felt Mr. Capelo had done a good job of heading up the committee, and he expressed frustration about
the media learning of information before the Council members.
Mr. Capelo said that based on the Internal Auditor's comments that morning, there are at
least a few different categories of documents, in particular the documents of Freese & Nichols, that
have not been investigated at all. He specifically cited two documents that did not appear during the
investigation by the Internal Auditor: a handwritten chronology that was sent to three city staff
members; and a memo dated September 27, 1991, that Mr. John King of Freese & Nichols drafted
and sent to city staff in September 1991. He also apologized to the Council members if the media
obtained the information before they did, and he reiterated that he had given specific instructions that
his memo be faxed to the Council immediately.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 6, addition of the crime control district to the election
ordinance.
City Manager Hennings said the Temporary Board of the proposed Crime Control and
Prevention District had met that moming and took the action to call the election. He said this action
by the Council is necessary to amend the ordinance calling for the election to be consistent with the
Temporary Board's action. He said Ms. Laurie Cook, Chairperson of the Temporary Board, had been
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Regular Council Meeting
September 9, 1997
Page 8
ill and was not present, but other board members were present.
Mayor Neal called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
6. ORDINANCE NO. 023049
Ordinance amending Ordinance No. 023044 by adding to the election ballot for November
4, 1997, a proposition for the creation of the Corpus Christi Crime Control and Prevention
District dedicated to crime reduction programs and the adoption of a proposed sales and use
tax at a rate of one-eighth of one percent.
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 opened discussion on Item 7, airport terminal building roof structure.
Mayor Neal called for comments from the audience, and there were none.
Responding to Council Member Martin, Mr. R.H. Shackelford, Director of Engineering
Services, said that Item 7.b. includes not only ratification of emergency shoring of the main girders
and roof joists, but also future non -emergency repair of the cracked pier cap/concrete plinth in the
amount of $13,000. He said that Item 7.a. involves an evaluation of the airport terminal building roof
structure to determine what work needs to be accomplished on a permanent basis. He added that the
necessary supports are in place now to ensure the safety of the roof in that area.
City Secretary Chapa polled the Council for their votes as follows:
7.a. M97-244
Motion ratifying Amendment No. 1 for additional engineering services in the amount of
$20,800 with W.P. Moore and Associates, Inc. for structural consulting services for the
Airport Terminal Building roof structure.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent.
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Regular Council Meeting
September 9, 1997
Page 9
7.b. M97-245
Motion approving Change Order No. 12 to the contract with B.E. Beecroft Company for
Reconstruction of the Hayden Head Terminal Building, Phase 1, in the amount of $76,623.21
for ratification of emergency shoring of main girders and roof joists and future non-
emergency repair of cracked pier cap/concrete plinth.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent.
*************
Mayor Neal opened discussion on Item 8, appropriation of the No. 111 Trust Fund.
Mayor Neal called for comments from the audience, and there were none.
Council Member Martin questioned the amount of the Law Enforcement Trust Fund, and he
asked if this item could be postponed to clarify that issue; Mr. Hennings said it could be. Mr. Martin
also asked how the decision is made to expend the Law Enforcement Trust Fund monies. Mr.
Hennings replied that he and the Police Chief agree on a budget, and as the year progresses
purchases are made and occasionally the budget is amended. Mr. Martin asked if that specific police
budget was approved by the Council, and Mr. Hennings said that any purchases over $15,000 are
brought to the Council for their approval.
Responding to another question from Mr. Martin, Mr. Hennings said the Regulo Garza trust
was approved by the Council several years ago for an employee who was a part-time permanent
employee in the Park and Recreation Department for many years. That employee was not enrolled
in the Texas Municipal Retirement System but should have been; consequently, the trust was
established to overcome that error and provide for a retirement account for that employee.
In reply to Mr. Martin, Mr. Carl Crull, Assistant City Manager for Public Works and
Utilities, said the water and wastewater trust funds are not part of this item; rather, they are
appropriated as the city makes expenditures on a project -by -project basis. Mr. Martin also referred
to the Armando Chapa Employment Trust, and he asked if a similar trust account had been
established for Mr. Hennings, who replied that there was not one.
Mayor Neal also asked about the amounts of the Law Enforcement Trust Funds, and Mr.
Hennings said those accounts consisted of confiscated monies. Mr. Martin said the question was
raised because there now appears to be more money in that account than previously understood, and
there were some expenditures the Council may have been able to make for the Police Department
had they known that money was available.
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Regular Council Meeting
September 9, 1997
Page 10
Mr. Martin made a motion to postpone Item 8, seconded by Dr. Gonzales, and passed
unanimously.
8. POSTPONED
Ordittat,e., apprepriat:ng $1,246,046 it1 the No. 111 Trust Find; aine..d:ng O,di„ai.e, N.
apptey
*************
Mayor Neal opened discussion on Item 9, water distribution system master plan. The Mayor
asked that staff present their overview of the utilities capital improvement program (Item 21 under
the City Manager's report) at that time.
City Manager Hennings noted that some staff members would be traveling to New York the
next day to meet with representatives of the bond rating agencies concerning the proposed
commercial paper program. He said staff had provided the Council with a draft of the utilities capital
improvement program (CIP), which is the basis for the need for the commercial paper program. Mr.
Hennings added that the draft of the utilities CIP will be discussed with the bond rating agencies and
presented to the Planning Commission, who will bring their recommendation to the Council in a few
weeks.
Mr. Crull explained that the utilities CIP consists of the storm water, wastewater, and water
utilities; there is not a gas utility CIP because the Gas Department can operate on a "pay-as-you-go"
basis for their improvement and replacement programs He noted that with regard to the CIP's
structure, a project is still listed under the prior year unless it is totally completed. Also, the CIP
shows the capital budget for FY 1997-98 as well as plans for projects from 1998-2002.
Mr. Crull said the storm water CIP for FY 1997-98 includes funds for the design of several
projects while the construction funds for those projects are included in the second year CIP (1998-
99). He said in the FY 1997-98 wastewater CIP there is a continued emphasis on rehabilitating the
major trunk mains and on modifying and upgrading the treatment plants, specifically upgrading the
Greenwood Wastewater Treatment Plant from 6 million gallons per day (MGD) to 8 MGD and
bringing it into compliance with the 10/15/3 permit. Mr. Crull also discussed plans for other
wastewater improvements in subsequent years.
In the water program, FY 1997-98 includes funds for the safe handling of chemicals at the
O.N. Stevens Water Treatment Plant, and in future years the CIP includes improvements to the water
distribution system master plan. In addition, Mr. Crull said there is a category for the water supply,
which includes an estimate for repairs for the Wesley Seale Dam; two projects which address the
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Regular Council Meeting
September 9, 1997
Page 11
diversion of effluent into the Nueces Estuary; and expenditures for the Garwood water purchase and
the Garwood pipeline construction.
In response to Mayor Neal, Mr. Crull said the utilities CIP includes the FY 1997-98 capital
budget, and Years 2 through 5 and beyond are proposed as a planning document. Mr. Hennings then
briefly addressed ways in which the proposed CIP is different from the program that was adopted
by the Council last year. He noted that in the draft 1998-2002 utilities CIP, there are some reductions
in Year 4, primarily because the Broadway Wastewater Treatment Plant will not be reconstructed,
and due to the water master plan and water supply projects that have been developed. Mayor Neal
suggested that prior Council actions be reflected in the CIP planning documents.
The Mayor noted that about $15 million was being proposed for repairs to Wesley Seale
Dam, and he asked how that would affect residential water bills. Mr. Hennings replied that for a
typical residential bill using 6,000 gallons of water a month, it would result in an increase of 18 cents
per month; however, staff has been able to achieve some planning reductions that help offset the new
requirements that were built into the plan. A brief discussion ensued.
Council Member McNichols commented on the planning nature of the capital improvement
program and the fact that the projects and needs change from year to year.
Replying to Mayor Neal, Mr. James Dodson, Regional Water Director, said that in the 1998-
99 CIP, there are some costs for permitting and preliminary expenses for the effluent diversion
project, and the construction costs are initiated in 1999-2000, which also includes $15 million for
the completion of the purchase of the Garwood water rights (assuming the permit is approved). Mr.
Hennings said staff has also included an estimate of $20 million after 2002 for transporting the
Garwood water. Council Member Gonzales requested a full report in the near future on the Garwood
water situation.
Council Member Garcia asked about possible repairs to the seawall. Mr. Crull replied that
that project would not be included in the utilities CIP but rather in the draft general obligation CIP,
which is being completed. He pointed out that the capital improvement program will be presented
to the Planning Commission and the City Council as part of an overall document in the future. The
reason the utilities portion was separated out was to facilitate discussions this week with the bond
rating agencies and the Council specifically about the city's utilities needs.
Council Member Martin asked about proposals for funding the engineering and construction
of new wells after 2002. Mr. Crull said the drought contingency and drought management plan that
the Council adopted says that the city should have a well system capacity of 60 MGD, and the
proposal is to provide 33 MGD to increase the existing well capacity. He added that that needs to
be revised to take into account water supplied from Lake Texana and Garwood. Mr. Martin also
questioned the inclusion of monies after 2002 for Stevens Plant ozone treatment, which Mr.
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Regular Council Meeting
September 9, 1997
Page 12
Hennings explained, and he commented on the large expenses in the upcoming CIP associated with
the water and wastewater treatment plants.
Responding to Council Member John Longoria, Mr. Hennings said the Wesley Seale Dam
repairs, as estimated at $15 million, are intended to allow for the lake level to be increased to 94 feet.
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. M97-246
Motion to amend, prior to second reading, by revising Section 4 to state that the Water
Distribution Master Plan is tentative and subject to future incorporation in the Capital
Improvement Plan and approval of funding by the City Council.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
9.b. ORDINANCE NO. 023050
Amending the City of Corpus Christi Comprehensive Plan by amending the Master Water
Plan for the City by providing for Water Distribution System improvements to eliminate
existing deficiencies; providing for additional capacity to keep pace with projected growth;
providing for improved system reliability; and providing a reliable base for economic
development.
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."
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
10. case No. 797-7, Spohn Hospital: A change of zoning from an "AB" Professional Office
District with a "SP" Special Council Permit to an "I-3" Heavy Industrial District on Ocean
View, Block 1, Lots 7 through 11, located on the northwest comer of Elizabeth Street and
Ocean Drive.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"I-3" District, and in lieu thereof, approval of a Special Council Permit for a medical helipad subject
to a site plan and four (4) conditions.
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Regular Council Meeting
September 9, 1997
Page 13
Mr. Michael Gunning, Senior Planner in the Planning and Development Department,
explained that the applicant, Spohn Hospital, pursued the change in zoning with the understanding
that a special permit could be utilized to accommodate the medical helipad use, which the Planning
Commission and staff recommended with certain conditions.
Mrs. Gloria Bell, 1309 Ocean Drive, said she and her husband also own property at 1321 and
1323 Ocean Drive, which is adjacent to the medical building being constructed by Spohn and upon
which the helipad would be located. She said they objected to the location of the helipad at that site,
adding that they felt it could be located elsewhere on the Spohn campus.
Mr. Robert Butler, Administrator at Spohn Shoreline Hospital, said the Federal Aviation
Administration was reluctant to allow the hospital to use another site for the helipad other than the
one being proposed in this zoning request. He explained that the new medical facility is designed
specifically to accommodate cardiology and surgery departments, and air transport is an important
factor in that. Mr. Butler and Mr. Utter also briefly described the flight pattern of the medical
helicopters.
Council Member Garcia asked why this zoning request had not been addressed when Spohn
Hospital initially received a change of zoning on the subject property to "AB" with a special permit
in August 1996 for the high-rise medical building now under construction. Mr. Butler agreed that
it should have been requested then. Responding to another question from Mr. Garcia, Mr. Utter said
the helipad use would not place any restrictions on the use of the property across the street.
Council Member Martin questioned the wording of the first condition of the proposed special
permit, and City Attorney Bray replied that the "air ambulance" language is intended to restrict the
use of the helipad for medical purposes only. He said Mr. Martin's concerns could be addressed by
changing the second sentence in that paragraph to read: "The helipad must be used for medical
emergency purposes only and shall be the only helipad on the hospital premises." Mr. Martin agreed
that that wording would be preferable.
Responding to Mayor Neal, Mr. Butler said Spohn Hospital determined that it needs both an
air and a ground medical transportation system to serve Corpus Christi. He added that the air
transportation is being undertaken in association with HALO Flight.
Mr. Bill Bell, 1309 Ocean Drive, said he and his wife were not objecting to the location of
a helipad at another location but specifically on top of the building adjacent to their property.
In reply to Council Member Gonzales, Mr. Gunning stated that when Spohn submitted their
final construction plans for the surgical center, a city staff member noticed the plans included the
helipad, at which time Spohn officials were referred to the Planning and Development Department
to apply for the proper zoning. He said it is his understanding that no permits for the helipad use
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Regular Council Meeting
September 9, 1997
Page 14
were issued; they are pending the outcome of this rezoning request.
Council Member Capelo made a motion to close the public hearing, seconded by Council
Member Cooper, and passed unanimously.
Mr. Martin asked if the building would have to be constructed differently to accommodate
a helipad. Mr. Jay Wilmann, the architect on this project, said the original plans for the surgical
building did include a place for a future helipad, which required some structural changes such as
extra steel below the pad site. He said they did not realize a special permit was needed to use the
helipad. A brief discussion ensued, and Mr. Martin pointed out that what Spohn is constructing does
not require a zoning change --it is the use of the helipad that would require the zoning change.
Mayor Neal said that he and other Council members felt that they were being asked to make
an exception after the fact, and as a result, other people will expect that the same exceptions be made
for them.
Mr. Martin made a motion to amend the ordinance as previously stated by Mr. Bray, to
change the second sentence in the first condition to read: "The helipad must be used for medical
emergency purposes only and shall be the only helipad on the hospital premises." The motion was
seconded by Dr. McNichols, and it passed unanimously.
City Secretary Chapa polled the Council for their votes as follows:
10. ORDINANCE NO. 023051
Amending the zoning ordinance upon application by Spohn Hospital, by granting a Special
Council Permit for a medical helipad subject to a site plan and four (4) conditions on Ocean
View, Block 1, Lots 7 through 11.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Capelo, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting
"Aye"; Neal voting "No"; Garcia abstaining; Cooper absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
11. Case No 897-1, Robert L. & Cheryl A. Beauregard: A change of zoning from a `B -2A"
Barrier Island Business District to a "B-4" General Business District on Padre Island No. 3,
Block 71, Lots 11 through 15, located on the south side of South Padre Island Drive (Park
Road 22), approximately 350 feet east of Aquarius Street.
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Regular Council Meeting
September 9, 1997
Page 15
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-4" District, and in lieu thereof, approval of a Special Council Permit for a miniature golf course
subject to a site plan and six (6) conditions.
No one appeared in opposition to the zoning change. Council Member Martin made a motion
to close the public hearing, seconded by Council Member McNichols, and passed unanimously.
Mr. Martin said the ordinance states that this is a permitted use already under the existing
zoning, but the examples only include indoor uses. He noted that the ordinance states that barrier
island business district zoning is to encourage a wide variety of business, commercial, and
indoor/outdoor amusement uses which reflect the character of a resort area. He asked if staff would
be taking steps to correct the ordinance, and Mr. Utter said they would.
City Secretary Chapa polled the Council for their votes as follows:
11. ORDINANCE NO. 023052
Amending the Zoning Ordinance upon application by Robert L. And Cheryl A. Beauregard,
by granting a Special Council Permit for a miniature golf course subject to a site plan and
six (6) conditions on Padre Island No. 3, Block 71, Lots 11 through 15.
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 called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 12 through 20. Council members did not request that
any items be withheld for discussion, nor were there any comments from the audience. City
Secretary Chapa polled the Council for their votes and the following were passed:
12. M97-247
Motion approving a supply agreement with B.J.'s Famous Uniforms, Inc., Corpus Christi,
Texas for work uniforms which includes approximately 2,128 work pants; 2,917 work shirts;
71 coveralls; 1,340 "T" -shirts; 720 jersey knit shirts; 2,130 denim jeans; and 300 jackets, in
accordance with Bid Invitation No. BI -0155-97 based on total low bid for an estimated
annual expenditure of $106,198.94. The term of the agreement shall 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 Manager or his designee. These items will be used by
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Regular Council Meeting
September 9, 1997
Page 16
various departments throughout the City. Funds have been budgeted by the using
departments in FY 97-98.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
13. M97-248
Motion approving a supply agreement for approximately 183 tons of sulfur dioxide
consisting of 150 Ib. Cylinders and 2,000 lb. Cylinders in accordance with Bid Invitation No.
BI -0165-97 with Acetylene Oxygen Co., Corpus Christi, Texas, based on total low bid for
an estimated annual expenditure of $86,895. The term of the agreement will be for twelve
months with option to extend for up to two additional twelve-month periods, subject to the
approval of the supplier and the City Manager or his designee. Sulfur Dioxide will be used
by the Wastewater Treatment Plants to dechlorinate the effluent prior to discharging the
treated wastewater to the receiving system. Funds have been budgeted in FY 97-98.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
14. M97-249
Motion authorizing the City Manager or his designee to execute a Contract for Engineering
and Consulting Services with Goldston Engineering, Inc. for a fee not to exceed $129,354
for the Laguna Madre Wastewater Treatment Plant: Biosolids Facilities Improvements.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
15.a. ORDINANCE NO. 023053
Ordinance transferring $214,000 from the Combined Utility Systems Fund to the No. 250
Sanitary Sewer Capital Projects Fund; amending Ordinance No. 022742, which adopted the
FY 96-97 Capital Budget, by appropriating $214,000 in the No. 250 Sanitary Sewer Capital
Projects 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.
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Regular Council Meeting
September 9, 1997
Page 17
15.b. M97-250
Motion authorizing the City Manager or his designee to execute the Contract for Engineering
and Consulting Services for the Oso Water Reclamation Plant: Structural/Process
Improvements project with Onyx Engineering, Inc. for a fee not to exceed $214,000.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
15.c. RESOLUTION NO. 023054
Resolution expressing the intent to reimburse the Combined Utility Systems Fund for costs
of certain wastewater system improvements to be made as part of the Oso Wastewater
Treatment Plant Structural/Process Improvements.
The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
16. ORDINANCE NO. 023055
Ordinance closing and abandoning a 932 -square foot area of a 10 -foot wide utility easement
between Lots 40 & 41, Block 1, Village at the Lakes Unit 2, Subdivision; subject to
compliance with the specified conditions; and the owner, Fred Braselton, replatting the
property within 180 days at the owner's expense.
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.a. M97-251
Motion authorizing the City Manager or his designee to execute all documents necessary to
accept a $49,500 Weed and Seed Grant supplemental award by the Office of Justice
Programs, U.S. Department of Justice to support activities of the Weed and Seed Program.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent.
17.b. ORDINANCE NO. 023056
Ordinance appropriating a Weed and Seed Supplemental Grant in the amount of $49,500
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Regular Council Meeting
September 9, 1997
Page 18
from the U.S. Department of Justice to support activities of the local Weed and Seed
Program by the Department of Housing and Community Development in the Federal/State
Grant Fund No. 162.
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. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a Participation Agreement with So -
San Corporation for public street improvements on Oso Parkway not to exceed $33,981.40
for the City's share of costs of the improvements.
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.
19. FIRST READING ORDINANCE
Amending Ordinance No. 021859 to amend a lease agreement between the City and the
Nueces County Hospital District (Memorial Medical Center) for the Northside Medical
Center located at Martin Luther King Drive and Sam Rankin Street, such amendment
authorizing the City Manager to execute two renewal options to extend such lease agreement
and authorizing the Nueces County Hospital District to sublease the Northside Medical
Center to Spohn Health System Corporation to provide preventative care and health services
primarily to low and moderate income persons.
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.
20. ORDINANCE NO. 023057
Amending the Code of Ordinances, Chapter 9 - Aviation, Section 9-62 Passenger Facility
Charge by extending the collection period from October 31, 1997 to May 31, 1998.
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.
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Regular Council Meeting
September 9, 1997
Page 19
Mayor Neal announced the closed session, pursuant to Texas Government Code Section
551.071, regarding the following: Frank Garcia v. Andres Ramirez Gomez and City of Corpus
Christi, No. 96-2223-F, 214th District Court, Nueces County, Texas, with possible action thereon
in open session; and regarding airport employee claims. The Mayor said the closed session item
regarding collective bargaining with the Corpus Christi Firefighters Association was being
withdrawn.
The Council went into closed session.
The Council returned from closed session.
City Secretary Chapa polled the Council for their votes as follows:
M97-252
Motion authorizing the City Manager to execute documents settling Frank Garcia v. Andres
Ramirez Gomez and City of Corpus Christi, No. 96-2223-F, 214th District Court, Nueces
County, Texas, for $165,000 in accordance with the settlement negotiated by the city's
attorneys.
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 called for the City Manager's report. Mr. Hennings reiterated that the joint
meeting with the Nueces County Commissioners concerning youth issues has been rescheduled for
September 29, 1997 at 5:30 p.m. He said that with regard to the Community Progress Partnership
baseball facilities project, the law requires holding a public hearing. He said staff proposes to hold
that hearing during the October 14, 1997 Council meeting. The purpose is merely a formal process
to notify the public about that project. Mr. Hennings said next week's Council meeting includes the
Calallen Housing Partners zoning case, and he said that Mr. Utter would be in charge while he is in
New York meeting with the bond rating agencies.
In his report, Mayor Neal urged all of the Council members to attend next Tuesday's meeting
of the Wesley Seale Dam Oversight Committee at 9 a.m. City Secretary Chapa said the video tape
of the September 9th committee meeting would be aired on TCI Cablevision on September 12th at
7:00 p.m. and on September 14th at 9:00 a.m.
The Mayor then called for Council concerns and reports.
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Regular Council Meeting
September 9, 1997
Page 20
Council Member McNichols updated the Council on the August 26th meeting he attended
before the Texas Water Development Board (TWDB) in Austin, in which 56 stake holders from all
over the state were present. Dr. McNichols said the rules and regulations which are promulgated
from and through the TWDB and then passed on through the Texas Natural Resource Conservation
Commission will have far-reaching implications in terms of overall water management in Texas. He
said the stake holders were allowed to provide input into how the rules will be formulated, which
he explained. Mayor Neal thanked Dr. McNichols for attending that meeting on behalf of the
Council and the city.
Dr. McNichols also said it has been brought to his attention that 18 year old people, many
of them high school students, are going into topless bars, although they are not being allowed to
drink alcohol. Mayor Neal said he reviewed Corpus Christi's ordinance regulating sexually oriented
businesses, and he could not find any provisions that prohibited 18-year-olds from frequenting those
businesses. Mr. Bray said staff could provide a report about the Council's options on that issue.
Council Member Garcia said he had received a letter from two residents who live at 4606
Oso Parkway expressing concern about additional development across the street. Mr. Hennings
replied that the property in question is privately owned. A discussion ensued about whether or not
staff should pursue options and make a recommendation with regard to that land. Mr. Martin said
that several years ago he and others tried to find ways to include that land in the public sector, such
as a park trade -out, but their efforts were not successful and the landowners chose to use their land
as they saw fit. Mr. Hennings said that at this time there was no money allocated and no plan to try
to obtain that land for public use, and the property owner has not been willing to make concessions,
but he said staff could work toward developing a plan.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 6:50 p.m. on September 9, 1997.
* * * * * * * * * * * * *