HomeMy WebLinkAboutMinutes City Council - 10/14/1997I 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 October 14, 1997, which were approved
by the City Council on October 21, 1997.
WITNESSETH MY HAND AND SEAL, this 21st day of October, 1997
/0/ 1 4/
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 14, 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.
The invocation was delivered by Bishop Leo Clark, Spirit of the Lord Ministries, following
which the Pledge of Allegiance to the flag of the United States was led by Council Member Capelo.
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 September
30, 1997, and there being no corrections, he proclaimed them approved as presented.
The Mayor then announced that the city had received a letter from the Texas State
Comptroller of Public Accounts regarding the application of certain aspects of the proposed sales
tax increase that will go to the voters on November 4, 1997. He said there are some conflicting
opinions in the Comptroller's Office and the city is awaiting further clarification from that
department. He said the main concern of the City Council regarding this issue is that they
disseminate the correct information to the public, and he added that this is a very complex
application of the sales tax to some of the utilities for both the one-eighth cent and three -eighth cent
proposed tax increases.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Jack Gordy, 7226 Owen Court, complained about what he said was selective
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Regular Council Meeting
October 14, 1997
Page 2
enforcement of zoning and City Code regulations, of which he cited examples. City Attorney Bray
replied that staff is reviewing the ordinance and will be taking it to the Planning Commission as
directed by the Council. He said it is his understanding that enforcement is being handled as usual
on a complaint basis.
Mr. Dee Haven, 454 Atlantic, Director of Public Affairs for the Coastal Bend Restaurant
Association, said their board of directors voted to endorse the proposed sales tax increase promoted
by Citizens for A Better City and to encourage all of the association members to follow suit. He also
invited the Council to the 15th annual "Taste of Corpus Christi" on November 5, 1997.
Ms. Rosine Runyon, 6914 Aswan Dr., thanked the Council for approving a motion at their
last meeting to commit to appoint seven citizen members to the board of the Industrial Development
Corporation, which will administer the Community Progress Partnership (CPP) projects.
Mr. Phil Rosenstein, 949 Bobalo, referred to comments made by Council Member John
Longoria during the September 30, 1997 Council meeting, regarding an article in El Corazon, a local
publication, about the upcoming sales tax election. Mr. Rosenstein said Mr. Longoria had a right to
his opinion but he did not have the right to call someone a "liar," and he said he would defend
anyone's right to free speech and free expression. Mr. Rosenstein then made a derogatory remark
about Mr. Longoria.
Responding to Mr. Rosenstein's comments, Mayor Neal said the Council respects Mr.
Rosenstein's First Amendment rights, but he said he would not tolerate such derogatory outbursts
either in the Council Chambers or in the city. Mr. Rosenstein apologized for his last remark, and
asked that the Council members not attack a newspaper.
Mr. Clyde Camp, 1041 Meadow Brook, objected to the long-range plan to extend the
Gateway Project further south along Shoreline Boulevard. He questioned why anyone would want
to change the layout of Shoreline, and he said those funds should be expended to repair the seawall
and the Wesley Seale Dam.
Mr. Bob Vaught, 104 Buccaneer Dr., said there was a massive marketing campaign to
promote the CPP projects which was difficult for people who opposed the sales tax increase to
compete against. He said if there was a market demand for those projects, the money would be
available.
Mr. Jimmie Till, 1265 Southern Minerals Rd., questioned whether citizens had been allowed
to comment on the Gateway Project at a previous Council meeting, and he thanked the Council
members who voted against it during the September 30th meeting.
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Regular Council Meeting
October 14, 1997
Page 3
Mr. Clayton Sapp, 1400 Ocean Dr., spoke against the Gateway Project.
Ms. Nita Westervelt, 4105 Meridian Place, asked the Council to reconsider their approval
of the Gateway Project, adding that she was speaking on behalf of many organizations. She said
there were many other ways the funds could be spent.
Ms. Kay Noyes, 930 Coral, expressed concern about changing Shoreline Boulevard, and she
suggested that a new tourist attraction be considered --a large paddleboat similar to those in use on
the Mississippi River.
Ms. Donna Muehlberger, 738 Woodson Circle, said she was shocked to learn that the
Council had approved the plan to realign a portion of Shoreline Boulevard in Phase II of the
Gateway Project, and she asked what could be done to overturn the Council's initial decision.
Mr. J.E. O'Brien, 4130 Pompano, commented on the application of the sales tax increase for
economic development on certain utilities, as well as the rules of decorum that were adopted as part
of the Council's general rules and procedures. He said a Council member's comments during the last
meeting were out of line, and the Council's policy on that issue should be reviewed.
Mr. R.F. Hasker, 1813 Wallace, criticized the City Council and city leaders and their
decisions, including the Lake Texana pipeline, Wesley Seale Dam, seawall, and CPP.
Ms. Sylvia Gulley, 4044 Magee, recognized the presence of other citizens who shared her
opposition to the rerouting of the lanes of Shoreline as part of the Gateway Project. She asked the
Council to postpone any action on Option 3 of the proposals until the citizens have had the
opportunity to provide their input on it.
Mr. Neal Trolinger, 337 Stages Dr., also commented on the Council's rules of decorum, and
he said he agreed with the suggestion that the City Council have their own staff.
Replying to questions raised by Ms. Muehlberger, Mr. Tom Utter, Assistant City Manager
for Development Services, explained that the former Lichtenstein building downtown was purchased
with funds from the Corpus Christi Community Improvement Corporation and the Corpus Christi
Housing Finance Corporation. He said the building was sold and is on the city's tax rolls. Mr. Utter
added that the Furman Building was never owned by the city; rather, the Corpus Christi Industrial
Development Corporation issued tax-exempt industrial revenue bonds to facilitate the financing of
the redevelopment of that facility. Also, the city participated in the parking garage through the use
of Community Development Block Grant funds in the early 1980s. As a result, the city has the rights
to a certain amount of parking there. Responding to Mayor Neal, Mr. Utter said neither one of those
buildings nor the garage are off the tax rolls.
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Regular Council Meeting
October 14, 1997
Page 4
Mayor Neal stated that one of the first issues that came before this Council following their
election in April 1997 was the Gateway Project. He said they discussed it in length publicly in the
Council chambers, on television, and in a series of articles in the newspaper. The Mayor pointed out
that Gateway Phase II was the original proposal that was endorsed and accepted by a previous
Council several years ago.
He went on to say that in the discussions of the Gateway Project earlier this year, another
option was brought forward from local businessman Dusty Durrill, which proposed extending the
project along the length of Shoreline. The Mayor said that when it came time to evaluate the
difference between the various options, the Council held an extensive public hearing lasting several
hours. He said the Council shares the citizens' concerns, but he pointed out that they have had ample
opportunities to express their concerns throughout the process.
Mayor Neal also pointed out that the vote on Gateway Project Phase II during the September
30, 1997 Council meeting was very close (5-4), which he said demonstrated the way the public had
input into the process. He said he did not know that the Council was of the mindset to reopen this
issue due to the length of time that it was publicly debated as well as the process that was followed.
He said the Council has moved forward with a vote to do as much as possible to enhance the beauty
and utilitarian nature of Shoreline Boulevard.
Council Member John Longoria added that several different organizations over the years
have discussed options to enhance Shoreline. He said that Option 1 of the Gateway Project Phase
II is the only plan for which funds are currently available.
Council Member Martin said the plan to change an eight -block area of Shoreline was
discussed by many groups, but he said there was never any discussion by any board, commission,
group or the City Council of the extension of the project along Shoreline.
Council Member Betty Jean Longoria said she supported Option 1 (the originally approved
Gateway Project Phase II), but she said Option 3 to extend the project did not go through the same
process as the original proposal. She said she would like to have more information and input
concerning Option 3. Mr. Longoria said Mrs. Longoria supported the motion to extend the plan
farther south along Shoreline.
Council Member McNichols said that in the beginning he had misgivings about the proposal
to move the lanes of Shoreline next to each other due to concerns about safety. He said he was not
totally satisfied with Option 3, but felt the way the options were presented, he had to either go back
on a plan that the Council had been basically supporting for years, or he had to pick that option. Dr.
McNichols also pointed out that the available funds came from different organizations that support
the concept of the Gateway, as well as from the sale of city land to the federal government for the
new federal courthouse on Shoreline.
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Regular Council Meeting
October 14, 1997
Page 5
Council Member Gonzales said one of the questions raised by a citizen earlier pertained to
the process for reconsideration of an item. He explained that under Robert's Rules of Order, those
Council members who voted in favor of the item can bring that item back for reconsideration.
Council Member Garcia suggested that a presentation be made in the future about the action
taken by the Council on the Gateway Project. He added that it is the Council's responsibility to make
that area "user-friendly" for the entire community.
Dr. Gonzales asked if reconsideration of the motion could be made at any time, and City
Attorney Bray replied that it could be brought at any time during this Council meeting only; after
that it would involve individual actions of implementation.
* * * * * * * * * * * * *
Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the
following appointments were made:
Board of Adjustment
David Pursley
Thomas McDonald (Alternate)
Civil Service Board/Commission
Andrew Lehrman
Diana Martinez
Commission on Children & Youth Electrical Advisory Board
Mary Jackson Joe Hernandez
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item H., update on youth issues and programs.
Ms. Paige Dinn, Chairperson of the Commission on Children and Youth, thanked the Council
for their participation during the September 29th joint meeting of the Council and the Nueces County
Commissioners Court. She said the Commission on Children and Youth has developed a short list
of projects that they believe can be completed in the last few months of 1997 and during 1998.
During the September 29th meeting, it was mentioned that a resource guide is needed about available
services for children and youth in Corpus Christi and the Coastal Bend. She said the United Way's
"Info -Line" resource book is available and information about United Way services can be obtained
by calling 882 -INFO. She said they have an extensive list of youth organizations.
Replying to Mayor Neal, Ms. Dinn said the Commission was awaiting the outcome of the
November 4th election because some of the projects on their list require funding, while others are
underway and need some more coordination. She said that in 1998 the Commission would be
announcing some tasks that have been completed that aid youth. The Mayor said he had met with
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Regular Council Meeting
October 14, 1997
Page 6
representatives of the Texas A&M University System Chancellor's Office concerning community
initiatives, and he had suggested that they focus on assisting the Commission on Children and Youth.
Mr. Malcolm Matthews, Director of Park and Recreation, provided an update on the
community youth advisory program. He announced that the Community Youth Development
Committee (78415) had elected a new chairperson and vice chairperson: Norma Hernandez and
Adriana Salazar. He said the committee is establishing procedures to ensure that funding that has
been allocated will be monitored and evaluated. Mr. Matthews added that Corpus Christi's plans
have been used as a model in other cities on how to work with the federal and state governments on
youth issues. He also noted that the planning process has already begun for the summer youth
programs for 1998, and he said they are proceeding with an outside evaluation of the city's
afterschool programs.
Responding to Council Member Gonzales, Mr. Matthews said the city and the school district
have ongoing communication about how to best utilize each other's facilities, including developing
activities at middle schools that would occur prior to the beginning of the school day (7:30-9 a.m.).
Dr. Gonzales said he would like more information on that issue, and Mr. Hennings commented that
one of the recommendations to come from the Commission on Children and Youth's master plan
pertains to better use of school facilities after school hours, which he said is a policy -level project
in which the Council would be involved.
* * * * * * * * * *
Mayor Neal called for a 10 -minute recess.
*
**
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the proposed Texas A&M University -Corpus
Christi (TAMU-CC), youth and professional baseball facilities project.
Mr. Danny Noyola, Superintendent of the West Oso Independent School District, discussed
several elements of the conceptual plan for the proposed baseball stadium. He said if the project is
approved by voters as part of the slate of CPP projects, it would have a budget of $9 million to build
a stadium capable of accommodating Double -A professional baseball, with approximately 3,500
grandstand chair seats and about 2,500 bleacher seats, as well as concession stands, field lighting,
press box, ticket booths, and locker rooms. Site improvements would include parking for about 1,200
cars, grassy area for overflow parking, lighting and landscaping. In addition, the site would need to
consist of about 40 acres that has access to a major arterial or major collector street which accesses
Padre Island Drive; be located within the Padre Island Drive corridor between Ayers Street and
Interstate 37; be within close proximity to existing utilities; and be reasonably priced.
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Regular Council Meeting
October 14, 1997
Page 7
Mr. Noyola also discussed economic and community benefits that the stadium could provide,
based on the experience of two existing baseball teams in El Paso and San Antonio. He said those
cities utilize their stadiums for several non -baseball events each year. He then reviewed a diagram
of six sites that have been proposed thus far, as well as a possible design for the facility.
Responding to Council Member Garcia, Mr. Noyola said city staff is reviewing the six sites
identified to this point to ensure that they meet the criteria. He also commented on the opinion of
many citizens who are in favor of a baseball facility.
Council Member Gonzales asked specifically about some of the proposed sites, and Mr.
Noyola reiterated that feasibility studies will need to be conducted on the sites. He said any other
possible sites should be brought to the attention of Mr. Al Jones, CPP Chairman.
Mayor Neal called for comments from the audience.
Mr. J.E. O'Brien said he was not opposed to a baseball stadium in general, but specifically
this proposed stadium because he questioned why citizens should have to tax themselves to pay for
a stadium that will be owned by TAMU-CC. Mayor Neal pointed out that the legislation for the
proposed sales tax increase requires that the baseball stadium be a part of a university system; it also
gives the university system the option to either operate the stadium or contract the operation to
another entity. He said that should the proposal pass, there is an option for the ownership to revert
to the City of Corpus Christi after 20 years. Mr. O'Brien asked about the sale of alcohol at the
stadium, and Mayor Neal said that if the city operates the stadium then alcoholic beverages will be
able to be served on the premises. In addition, the university will pay their own operating expenses
when they use the facility.
Mr. David Noyola pointed out that early voting for the November 4th election starts on
October 20th, and he said he would like to know the definite location of the stadium before he votes.
Mayor Neal said they will accept the recommendations of the committee with regard to the site as
soon as they are brought to the Council.
Ms. Joanne Underwood questioned the need for the proposed baseball stadium, saying that
the Barracudas minor league team failed to attract sufficient fans to their games. Mr. Danny Noyola
replied that baseball has been very important to this city, and he is optimistic that Corpus Christi will
be able to attract a Double -A Texas League affiliate, similar to the San Antonio Missions, if the
stadium is approved. He also commented on the benefits of locating the stadium on the west side.
Council Member John Longoria said the purpose of the stadium is to help develop collegiate
baseball in this city, as well as provide championship fields for Little League teams. It will also serve
as a large special -events venue.
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Regular Council Meeting
October 14, 1997
Page 8
Council Member McNichols said the purpose of the city and the university joining together
in this venture is to provide the best possible quality facility that can be built so that baseball
throughout the region can be enhanced.
Mr. Jimmie Till asked if the field would be designed to accommodate football as well, and
Mr. Noyola said it was possible. Mr. Longoria said the stadium was primarily being built for
baseball use.
Dr. Gonzales said the stadium would offer many opportunities for children and it is a way
of building for their future. Council Member Garcia echoed his comments.
Mr. Gaston Broyles, 1010 Luxor Dr., said he has been a supporter of baseball in Corpus
Christi for quite some time and he is in favor of this stadium. Referring to a previous speaker's
comments, he explained that one of the difficulties that occurred with the Texas -Louisiana League
Barracudas is that it was an unaffiliated team playing in a high school stadium without ample
amenities. He pointed out that the proposed stadium will be dramatically different from Cabanis
Field as it will be a state -of -the art facility, and he said that if professional baseball is properly
marketed in Corpus Christi, it can succeed.
Mr. Mark Patterson said he is one of the co-founders of Baseballers United for a New Team
(BUNT), which originally proposed the baseball stadium project to the CPP Committee. He said that
during the Barracuda's first season in Corpus Christi in 1994, they averaged 2,300 people a game
in 42 games, which was also the year that major league baseball went on strike. He said that he was
confident baseball will flourish here if given the opportunity.
Mr. Martin made a motion to close the public hearing, seconded by Mr. Longoria, and passed
unanimously.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on Item 4, designation of a Texas State Enterprise
Zone.
City Manager Hennings explained that the enterprise zone, which is created by state law,
provides an inducement to businesses to hire people who are disadvantaged or who live in areas that
suffer from a higher than normal unemployment rate. He pointed out that it does not involve any
local tax abatements or advantages from the city government, although the city government is the
implementing vehicle. He said the city's enterprise zone has been very successful, and includes such
projects as the Greyhound Racetrack, First Data Corporation, Coastal Refinery, CITGO Refinery,
Trinity Towers, Sitel Corporation, and APAC Corporation. Mr. Utter briefly described three small
changes in the zone's geographic boundaries that staff was recommending, as well as state tax
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Regular Council Meeting
October 14, 1997
Page 9
incentives that are offered.
Responding to Council Member Gonzales, Mr. Utter said that employers in the enterprise
zone have to provide to the Office of the State Comptroller certified rolls in order to receive their
rebate of the state sales tax.
Mayor Neal called for comments from the audience, and there were none. Council Member
Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and
passed unanimously (J. Longoria abstaining; Capelo absent).
Dr. Gonzales asked about the possibility of increasing the state requirement with regard to
employment, and Mr. Hennings said they could ask the Greater Corpus Christi Business Alliance
to review that situation and report to the Council.
City Secretary Chapa polled the Council for their votes as follows:
4. ORDINANCE NO. 023089
Ordinance establishing the boundaries of the 1997 Corpus Christi Enterprise Zone and
authorizing the filing of an enterprise zone application with the Texas Department of
Economic Development.
An emergency was declared and the foregoing ordinance passed by the following vote:
Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J.
Longoria abstaining; Capelo absent.
************
*
Mayor Neal opened the public hearing on the following zoning case:
5. Case No. 897-5E, Gary L. Martin: An exception to the standard screening fence requirement
on Martin Plaza, Block 1, Lots 1 and 2, located on the south side of Farm -to -Market Road
624, approximately 785 feet west of County Road 69. (Tabled from 9-30-97)
City Secretary Chapa said the Planning Commission recommended denial and, based on the
new information received, staff recommended that this case be referred back to the Planning
Commission for reconsideration.
Mayor Neal called for comments from the audience, and there were none. Council Member
Martin made a motion to close the public hearing, seconded by Council Member Betty Jean
Longoria, and passed unanimously (Capelo and J. Longoria absent).
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Regular Council Meeting
October 14, 1997
Page 10
Responding to Mr. Martin, Mr. Brandol Harvey, Director of Planning and Development, said
that on September 30, 1997, the Council directed staff to work with the applicant to utilize the
administrative process. He said the applicant informed staff that he had discussed the issue with his
bank; however, he has not yet submitted a letter of credit.
Mr. Martin said he thought the Council should deny the applicant's request to waive the
standard screening fence requirement for two reasons: because the situation can possibly be resolved
through the administrative process; and because the Council would later that day be considering two
other zoning cases in which screening would be required.
Mr. Martin then made the following motion, for which City Secretary Chapa polled the
Council for their votes:
5. M97-283
Motion to deny the applicant's request to waive the standard screening fence requirement.
The foregoing motion passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria,
Martin, McNichols, and Neal voting "Aye"; Capelo and J. Longoria absent.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
6. Case No. 997-1, Law Office of Melody Cooper: A change of zoning from an "R-2" Multiple
Dwelling District to an "AB" Professional Office District on Rest Haven Addition, Block
6, Lot 1, located on the northwest corner of Rosebud Avenue and Santa Fe Street.
City Secretary Chapa said the Planning Commission and staff recommended approval. He
said Council Member Cooper had filed an affidavit stating that she would abstain from discussing
or voting on this issue.
No one appeared in opposition to the zoning change. Council Member Gonzales made a
motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed
unanimously (Cooper abstaining).
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023090
Ordinance amending the Zoning Ordinance upon application by Law Office of Melody
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Regular Council Meeting
October 14, 1997
Page 11
Cooper, by changing the zoning map in reference to Rest Haven Addition, Block 6, Lot 1
from "R-2" Multiple Dwelling District to "AB" Professional Office District.
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 abstaining.
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
7. Case No. 997-4 Freedom Homes: A change of zoning from an "R -1B" One -family
Dwelling District to an "R -1C" One -family Dwelling District on Bel Air Estates Unit 2,
Block 3, Lots 2 through 16, located on the north side of Kaipo Drive, approximately 65 feet
west of Waldron Road.
City Secretary Chapa said the Planning Commission and staff recommended approval.
Mr. Freddy Seaquest, 15358 Sabor St., owner of Freedom Homes, said he was available to
answer any questions on the project.
Council Member McNichols asked if the drainage system was adequate to handle the density
requested per acre. Mr. Harvey said that after reviewing the situation, the Engineering Department
has concluded that all infrastructure is capable of supporting this proposed increased density.
Council Member Gonzales made a motion to close the public hearing, seconded by Council
Member Betty Jean Longoria, and passed unanimously (Cooper absent).
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023091
Amending the Zoning Ordinance upon application by Freedom Homes, by changing the
zoning map in reference to Bel Air Estates Unit 2, Block 3, Lots 2 through 16 from "R -1B"
One -Family Dwelling District to "R -1C" One -Family Dwelling District.
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
October 14, 1997
Page 12
Mayor Neal opened the public hearing on the following zoning case:
8. Case No. 997-5 Bob Lacy Sr.: A change of zoning from an "F -R" Farm -Rural District to
a "B-4" General Business District on 9.011 acres out of 267.63 acres out of the Gregorio
Farias Grant A-592, located on the east side of U. S. Highway 77, approximately 900 feet
south of Brookhaven Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval.
No one appeared in opposition to the zoning change. Council Member Gonzales made a
motion to close the public hearing, seconded by Council Member Garcia, and passed unanimously
(Cooper absent).
Council Member Martin asked if the subject property was platted, and Mr. Harvey said it is
in the process of being platted. A brief discussion ensued about the platting requirements.
City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023092
Amending the Zoning Ordinance upon application by Bob Lacy, Sr., by changing the zoning
map in reference to 9.011 acres out of 267.63 acres out of the Gregorio Farias Grant A-592
from "F -R" Farm -Rural District to `B-4" General Business District.
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 the public hearing on the following zoning case:
9. Case No. 997-6. First American Closing Office: A change of zoning from an "R -1B" One -
family Dwelling District to a "B-1" Neighborhood Business District on Gardendale Unit 1,
Block 8, Lot 19, located on the north side of Holly Road, approximately 500 feet west of
Betty Jean Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval.
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
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Regular Council Meeting
October 14, 1997
Page 13
(Cooper absent).
City Secretary Chapa polled the Council for their votes as follows:
9. ORDINANCE NO. 023093
Amending the Zoning Ordinance upon application by First American Closing Office, by
changing the zoning map in reference to Gardendale Unit 1, Block 8, Lot 19 from "R -1B"
One -Family Dwelling District to "B-1" Neighborhood Business District.
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 10, Gateway Project.
Mr. Utter explained that Item 10.a. would direct staff to move forward with the area of the
Gateway Project located between Mesquite Street and Shoreline Boulevard, which involves the
landscaping portion of IH -37. He said Item 10.b. would allow staff to move forward with the design
of the 8 -block area of the project on Shoreline from Peoples Street to Palo Alto Street. He said if
those items are approved, staff will proceed with developing requests for proposals for the seawall
engineering study.
Mayor Neal asked if a request for proposals would be developed for Gateway Phase I,
Contract 2 (IH -37 landscaping portion). Mr. Utter replied that a consulting group, headed by
Goldston Engineering, had been hired in April 1996 for a fee not to exceed $368,750. Upon
verification by Mr. Hennings, Mayor Neal said that Item 10.a. would approve the expenditure of
$65,000 just for the design of Phase I, Contract 2.
In response to Council Member Martin, Mr. R.H. Shackelford, Director of Engineering
Services, explained that Phase II of the Gateway Project, which involves the Shoreline Boulevard
portion, consists of two contracts: one for the relocation of the northbound lanes of Shoreline, and
the other for the construction and landscaping of the Gateway Park itself along the bayfront.
Mr. Martin questioned various design elements of the plan, and Mr. Utter pointed out that
some of the design would have to be altered since $355,000 would be needed to pay for the study
on the seawall. A discussion ensued. Replying to questions from Council Member Garcia, Mr.
Hennings said the issue before the Council is to authorize staff to instruct the consultant to proceed
with the design work for which they have already entered into a contract.
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Regular Council Meeting
October 14, 1997
Page 14
Mr. Martin asked if the consultant would be directed to design to a particular budget, and Mr.
Hennings said he would be. Mr. Martin also asked if the consultant's contract was based on a
percentage, and Mr. Utter said it was not. Another discussion followed on how the contract will be
scaled back to account for a lower amount of funding.
Mayor Neal called for comments from the audience.
Ms. Sylvia Gulley agreed that the original Gateway Project Phase II that was approved by
a previous Council (now known as Option 1) had been discussed, but she said many people were
surprised when this Council approved Option 3 as well on September 30th. She said that in order
to diffuse some of the opposition, one of the Council members who originally voted in favor of this
item could bring it back for reconsideration and reverse his or her vote in order to just approve
Option 1 and not Option 3. She said there are many things going against the Council now and this
was not the time to support such a controversial issue.
Mr. Jimmie Till said he was not opposed to Item 10.a., but he was opposed to Item 10.b. and
had been voicing his concerns for some time. He also questioned aspects of the plan, such as
parking and funding. He added that he thought the Council was misleading the public.
In reply to Council Members McNichols and Betty Jean Longoria, Mr. Utter described the
relationship between the site of the new federal courthouse and the development of the Gateway
Project, as well as the process of discussions that were held on the Gateway Project. Mr. Martin
asked what part of the project involves the intersection of Shoreline and IH -37, and Mr. Hennings
said that was included in Phase II that relocates the traffic lanes.
Dr. McNichols asked how the design work might be affected if the Council decided to
consider some parking options. Mr. Hennings replied that he thought the Council should implement
the decision they made during the last meeting, and if they wished, they could direct staff to pursue
parking options with the consultant and come back with recommendations at a later date.
City Secretary Chapa polled the Council for their votes as follows:
10.a. M97-284
Motion directing the City Manager or his designee to issue a notice to proceed for
engineering services for the Gateway Project Phase I, Contract 2 (IH -37 landscaping).
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
Minutes
Regular Council Meeting
October 14, 1997
Page 15
10.b. M97-285
Motion directing the City Manager or his designee to issue a notice to proceed for
engineering services for the Gateway Project Phase II Contract (engineering and landscaping
design for the 8 -block Shoreline Boulevard area running from Peoples Street on the south
to Palo Alto on the north.)
The foregoing motion passed by the following vote: Capelo, Garcia, B. Longoria, J.
Longoria, and McNichols voting "Aye"; Cooper, Gonzales, Martin, and Neal voting "No."
Mr. Longoria made a motion to direct staff to come to the City Council for confirmation
before any further planning is done on Option 3 of the Gateway Project. The motion was seconded
by Mrs. Longoria, and it passed unanimously on a voice vote.
Dr. McNichols asked about the availability of parking, which Mr. Utter briefly described.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 11, conversion of overhead electrical lines. He then
called for comments from the audience, and there were none.
Council Member Martin asked about the funding for this project, and Mr. Hennings pointed
out that the funds were included in Phase I of the Gateway Project.
City Secretary Chapa polled the Council for their votes as follows:
11. M97-286
Motion authorizing the City Manager or his designee to execute an agreement with Central
Power & Light Company for the removal of existing overhead electrical lines crossing
Interstate 37 and the new federal courthouse site, from a point north of Mann Street to a point
south of Power Street, and conversion of the same electrical distribution to underground,
associated with and at a cost to the Gateway Phase I Project not to exceed $49,600.
The foregoing motion 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 12, lease of Lichtenstein House.
Minutes
Regular Council Meeting
October 14, 1997
Page 16
Council Member Gonzales made a motion to amend Item 12 to award the lease to the
Instituto de Cultura Hispanica, rather than the Greater Corpus Christi Business Alliance. The motion
was seconded by Council Member Garcia.
Mayor Neal called for comments from the audience.
Ms. Dora Garza, representing the Instituto, thanked the Council for considering them as a
tenant in the Lichtenstein House. Mr. Garcia asked if that organization would also have office space
at that location, and Ms. Garza said they would.
City Secretary Chapa polled the Council for their votes on the motion to amend, and it passed
unanimously.
Council Member Martin said he thought it would be beneficial to have the Business Alliance
Visitor Information Center located in Heritage Park, and he made a motion to direct staff to develop
that concept. The motion was seconded and it passed unanimously.
Mr. Chapa polled the Council for their votes on Item 12 as follows:
12. M97-287
Motion authorizing the City Manager or his designee to negotiate lease agreements with the
Instituto de Cultura Hispanica for the Lichtenstein House in Heritage Park.
The foregoing motion passed, as amended, by the following vote: Capelo, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 13, emergency secondary access. He called for
comments from the audience, and there were none.
Council Member Martin said he did not object to the Planning Commission reviewing this
issue and holding public hearings on it, but he questioned the wording in the motion that the
Planning Commission "consider and recommend amendments..." Mr. Hennings said they could
remove the words "and recommend" from Item 13.
Mr. Martin made a motion to amend Item 13 to delete the words "and recommend" so that
the item would read, in part, that "the Planning Commission consider possible amendments to the
zoning ordinance"; the motion was seconded by Council Member McNichols, and passed
unanimously (Gonzales and B. Longoria absent).
Minutes
Regular Council Meeting
October 14, 1997
Page 17
City Secretary Chapa polled the Council for their votes as follows:
13. M97-288
Motion requesting the Planning Commission consider possible amendments to the zoning
ordinance and other ordinances to require emergency secondary access for apartment
complexes and other large residential and commercial development.
The foregoing motion passed, as amended, by the following vote: Capelo, Cooper, Garcia,
J. Longoria, Martin, McNichols. and Neal voting "Aye"; Gonzales and B. Longoria absent.
*************
Mayor Neal opened discussion on Item 14, Corpus Christi outlet stores project. He then
called for comments from the audience.
Mr Jimmie Till did not approach the podium when he questioned a particular aspect of the
proposed leases, and the Mayor said he thought Council Member Martin had the same question.
City Manager Hennings said these proposed agreements are essentially the same agreements
that had been in effect but had expired, with the exception that the letters of credit that were in the
prior agreement are not required in this new one. He said the Council asked that staff view valid,
signed leases for space in the outlet center, which they have done.
Responding to Mr. Martin, City Attorney Bray said there are two leases that are currently
valid. Originally there were six signed leases comprising about 24,000 square feet, but four of those
leases expired; however, staff has been told that requests for extensions have been made and the
developer is awaiting those extensions.
Mr. Martin noted that a date had been left blank on page 196 of the agenda book under the
heading of Brooks' and Trust's Obligations. Mr. Utter said the date would be October 14, 1997.
City Secretary Chapa polled the Council for their votes as follows:
14.a. M97-289
Motion authorizing the City Manager or his designee to execute the 1997 Infrastructure
Agreement with Samberg/Corpus Christi, Inc.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper voting "No."
Minutes
Regular Council Meeting
October 14, 1997
Page 18
14.b. M97-290
Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract
with Garnett T. Brooks and Patsy A. Brooks.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper voting "No."
14.c. M97-291
Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract
with the Brooks 1994 Family Trust.
The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria,
J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper voting "No."
Mr. Till approached the podium and said he had additional questions and comments which
he wished to make. He said he was very familiar with the land in question, and he thought it was not
an appropriate site for the development being proposed. Mr. Till asked what the city was spending
for the utilities and the reversal of the highway ramps, and Mr. Utter said it was about $980,000; he
added that a portion of the utilities will also serve the municipal golf course there. Mr. Till further
expressed concern about the property's worth and the possibility of flooding there.
Mayor Neal called for a 10 -minute recess.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 15, South Texas Military Facilities Task Force.
Responding to Council Member Capelo, Mr. Gary Bushell, Executive Vice President of the
Greater Corpus Christi Business Alliance, explained that the task force's budget for FY 1997-98 is
$60,000, with four entities contributing $15,000 each: City of Corpus Christi, Business Alliance,
Nueces County, and Port of Corpus Christi Authority.
Mayor Neal called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
15. M97-292
Motion authorizing the City Manager or his designee to execute an agreement with the South
Texas Military Facilities Task Force in the amount of $15,000 for continued services to
Minutes
Regular Council Meeting
October 14, 1997
Page 19
promote and preserve the City's interest in military base closure and realignment
considerations.
The foregoing motion 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 16, lease contract with David and Monika Page. He
then called for comments from the audience, and there were none.
Responding to Council Member Martin, Mr. Hennings said the encroachment into the right-
of-way in this situation occurred years ago. Mr. Martin asked why the lease had a 60 -year term. Mr.
Carl Crull, Assistant City Manager for Public Works and Utilities, replied that it was the maximum
term of the lease that could be approved. Mr. Martin then asked if the easement would go away if
the building is torn down, and Mr. Crull replied that it would.
City Secretary Chapa polled the Council for their votes as follows:
16. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a sixty -year Lease with David and
Monika Page for the occupancy of 1,498 -square feet of the existing North Tancahua Street
Right -of -Way adjacent to the west boundary line of Lots 4, 5, and 6, Block 29, Beach Portion
to repair and maintain a permanent building structure, five air-conditioning units with
concrete pads, hurricane fence, and electrical meter box in consideration of 5411 as payment
for the first five-year lease increment.
The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper,
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 17 through 31, and Council members requested that
Items 18, 19, 20, 21, and 30 be withheld for discussion. There were no comments from the audience
on any of the consent items. City Secretary Chapa polled the Council for their votes and the
following were passed:
Minutes
Regular Council Meeting
October 14, 1997
Page 20
17. M97-293
Motion approving a supply agreement with AnalySys, Inc., Corpus Christi, Texas for
groundwater monitoring analysis for J.C. Elliott Landfill in accordance with Bid Invitation
No. BI -0008-98 based on low bid for an estimated annual expenditure of $33,872. The term
of the contract will be for twelve months with an option to extend for up to two additional
twelve month periods subject to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by Solid Waste Services in FY 97-98.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
22. M97-295
Motion authorizing the City Manager or his designee to execute an annual joint funding
agreement with the United States Geological Survey, U.S. Department of the Interior, for the
continuation of surface water data collection and limited studies by the United States
Geological Survey for the City's water supply activity; and providing for the City to pay the
United States Geological Survey the amount of $86,220, out of a total project cost of
$122,480 during the federal fiscal year October I, 1997 through September 30, 1998.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
23.a. M97-296
Motion approving the reimbursement application submitted by Shell Development Joint
Venture, developer of Barclay Grove Unit 3A, for the installation of 567 linear feet of a 12 -
inch PVC water grid main upon final acceptance of the improvements.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
23.b. ORDINANCE NO. 023094
Ordinance appropriating $17,792 from the No. 143 Water Arterial Transmission and Grid
Main Trust Fund to pay Shell Development Joint Venture's Developer reimbursement
request for installing 567 linear feet of 12 -inch water grid main lines to develop Barclay
Grove Unit 3A.
An emergency was declared and the foregoing ordinance passed by the following vote:
Minutes
Regular Council Meeting
October 14, 1997
Page 21
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
23.c. M97-297
Motion approving the reimbursement application submitted by Shell Development Joint
Venture, developer of Barclay Grove Unit 3A, for the oversizing of a sanitary sewer
collection line upon final acceptance of the improvements.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
23.d. ORDINANCE NO. 023095
Ordinance appropriating $4,901 from the No. 145 Sanitary Sewer Collection Line Trust Fund
to pay Shell Development Joint Venture's Developer reimbursement request for installing
oversized sanitary sewer lines to develop Barclay Grove Unit 3A.
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."
23.e. ORDINANCE NO. 023096
Ordinance authorizing the City Manager or his designee to execute a Participation
Agreement with Shell Development Joint Venture for payment in an amount not to exceed
$14,598.18 for pavement section improvements to Lipes Boulevard in accordance with the
Platting Ordinance.
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."
24. M97-298
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$40,540 with Malek, Inc. for replacement of the condenser coils at the Central Public
Library.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
Minutes
Regular Council Meeting
October 14, 1997
Page 22
25. M97-299
Motion granting a six-month extension for a Special Permit granted to Rulings Realty, Ltd.
for a parking area associated with the adjacent auto dealership (Zoning Case No. 996-1) on
October 8, 1996.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
26. M97-300
Motion approving Emergency Shelter Grant Program Agreements with the following
agencies: Corpus Christi Metro Ministries, Inc. - $60,000, Hope House - $10,000, Dos
Mundos Day Care School - $33,000, Gulf Coast Council of La Raza - $18,000, HIV/AIDS
d.b.a. The Passage -$2,000, Women's Shelter - $10,000; and authorizing the City Manager
to execute agreements with these organizations.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
27.a. M97-301
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$31,277 from the State of Texas, Office of the Governor, Criminal Justice Division for the
continued operation of the Crime Analysis Unit and to execute all related documents.
The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
27.b. ORDINANCE NO. 023097
Ordinance appropriating $31,277 from the State of Texas, Office of the Governor, Criminal
Justice Division in the No. 162 Federal/State Grant Fund for the continued operation of the
Crime Analysis Unit; transferring $20,451 from the No. 102 General Fund and appropriating
in the No. 162 Federal/State Grants Fund as the City match for the continued operation of
the Crime Analysis Unit.
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."
Minutes
Regular Council Meeting
October 14, 1997
Page 23
28. ORDINANCE NO. 023098
Ordinance transferring $440,852 from the No. 102 General Fund to the No. 162 Federal/State
Grants Fund; appropriating $440,852 as matching funds for the continuation of the COPS
AHEAD grant program in the No. 162 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote:
Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal
voting "Aye."
29. ORDINANCE NO. 023099
Approving the request of Central Power and Light Company for a temporary, select time of
use tariff which may be voluntarily requested by certain commercial and industrial
customers, which shall not result in additional costs for other customers.
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."
31. ORDINANCE NO. 023100
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 second reading by the following vote: Capelo, Cooper,
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 18, purchase of winter seed for golf courses.
In reply to Council Member Martin, Mr. Matthews said that last year winter seed was applied
to the Oso Golf Course and since it was so successful, the same process will be applied to both
municipal golf courses this year. Mr. Martin also asked Mr. Matthews to reply to a letter from a
citizen regarding the fee increases.
Minutes
Regular Council Meeting
October 14, 1997
Page 24
City Secretary Chapa polled the Council for their votes as follows:
18. M97-294
Motion approving the purchase of winter seed for golf courses from Turf Industries,
Houston, TX, for approximately 5,500 pounds of seed for greens and 20,675 pounds of seed
for tees and fairways, in accordance with Bid Invitation No. BI -0005-98, based on total low
bid for total of $22,409.75. Funds have been budgeted by Park & Recreation in FY97-98.
The foregoing motion 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 19, supply agreement for security service.
Council Member Capelo asked several questions about the bidding process for this item. Mr.
F.D. Glenn, Purchasing Agent, said the company with the low bid, Murray Guard Inc., has a local
office but their billing address is in Tennessee. He said staff sent bid invitations to companies which
are known to provide this service; in addition, it was advertised in the newspaper. He said the
company which currently has the contract, Stanley Smith Security Inc., was sent a bid invitation but
they did not submit a bid for this contract. Mr. Capelo asked if Mr. Glenn had the list of 12 bid
invitations that were issued, and Mr. Glenn said he could provide it.
Mayor Neal said he anticipated more questions from the Council members on the bidding
process, and he asked staff to bring more detailed information to the Council meetings in order to
be prepared to discuss these issues. Mr. Hennings said he would withdraw this item and bring it back
next week.
Responding to other Council members' questions, Mr. Glenn reiterated that Murray Guard
has a local working office. Mr. Capelo discussed the need for improvement in the security services,
such as enhanced outside security at the Central Library, which should be spelled out in the contract.
Council Member Gonzales commented on an incident at the Bayfront Plaza Convention Center
involving a person's car that was broken into. Council Member Garcia requested information on the
training that the security personnel receive.
Council Member John Longoria pointed out that the Council has approved several other
contracts in the past in which a company has a local office but the headquarters are located in another
city. Mr. Hennings said they need to balance the city's need for security services with its ability to
pay for the service. A brief discussion ensued, and Mr. Capelo commented that he felt the service
needed to be improved, while not necessarily increasing the number of security personnel that are
Minutes
Regular Council Meeting
October 14, 1997
Page 25
utilized. Dr. Gonzales said he would like to accompany staff to the convention center to review the
security work that is performed there.
19. WITHDRAWN
uniformed guard security service for City Hall, thc Central Library and the O.N. Stevens
* * * * * * * * * * * * *
Mayor Neal opened discussion on Items 20 and 21, storage tanks.
Responding to Council Member Capelo, Mr. Shackelford explained that these items utilized
the request for proposal process, with one contract for elevated storage tanks and the other for
ground -level storage tanks. Mr. Capelo asked if the two firms being recommended had submitted
proposals for both contracts, and Mr. Shackelford said he would provide that information.
Mr. Hennings said he would withdraw this item and bring it back to the Council later.
Council Member Garcia asked if there was a requirement for minority representation on these
contracts, and Mr. Shackelford said there was not on professional services contracts, in terms of
percentages of minority participation.
20.a. WITHDRAWN
O.d:.rm.ee appropriating $419,400 fret. thc Combined Utility Systems Unreserved Fund
20.b. WITHDRAWN
Minutes
Regular Council Meeting
October 14, 1997
Page 26
20.c. WITHDRAWN
Inspeeti„n and Rchabilitatieir-project.
21.a. WITHDRAWN
Baialee, amending O.di..auec No. 022993, which adept.,t1 the I'Y 1997 98 Budget, by
21.b. WITHDRAWN
21.c. WITHDRAWN
I.tspeetie„ a..d-Rehabilitatiei. preje.,t.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 30, Minority Business Opportunity Committee.
Council Member Garcia asked what constitutes a "major employer" in the membership
guidelines. City Manager Hennings said he was not sure and he would withdraw that item and bring
it back to the Council next week with the information.
30. WITHDRAWN
A,,,endins th,, City of Corpus Christi Cede of Orditrai.ees by an.ending Clraptet 2,
Met.,bership-by-rewisn.g minn..um arid i..axi.nnt., n.etnbership limits.
Minutes
Regular Council Meeting
October 14, 1997
Page 27
* * * * * * * * * * * * *
Mayor Neal announced the closed session, pursuant to Texas Government Code Section
551.071, regarding the following: airport employee claims; and collective bargaining with the
Corpus Christi Firefighters Association.
The Council went into closed session.
The Council returned from closed session.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Hennings said that Dr. Ron Waters of
Freese & Nichols Inc. would provide an update on the Wesley Seale Dam stability analysis. Dr.
Waters said the purpose of the stability analysis was three -fold: to measure the movements of the
spillways; to measure the uplift under the foundations of the spillways; and to measure the
engineering properties of the spillway foundations.
Using diagrams of the dam, Dr. Waters described the measurement equipment that has been
installed and the results thus far. He said they have found that the uplift under the north spillway is
minimal, and is about as good as could be expected for a dam of this size. He said the uplift in the
south spillway is between optimistic and moderate, which is still a good condition. With regard to
the engineering properties of the foundation materials under the spillway, Dr. Waters said the friction
angle is not much different from what was observed in May, while the cohesion is somewhat lower.
He said the tests confirm their conclusion in May that the dam has low factors of safety from sliding,
while the factors of safety regarding the uplift are slightly better, which offset each other. He said
that when the weakest link is identified, the type of corrective action needed can be determined.
Responding to Council Member Martin, Dr. Waters said either one of the factors identified
are correctable in the dam. Council Member Capelo asked if Freese & Nichols was still
recommending that the lake level be maintained at 91 feet. Dr. Waters said city staff and Freese &
Nichols personnel studied that issue and determined that it should be maintained at that level.
In reply to Council Member Gonzales, Dr. Waters said the preliminary estimate is that the
safety factor for both the north and south spillways is 1.2 at elevation 91.
Mr. Hennings said the next item was a presentation on the quarterly investment report. The
Council asked, due to the late hour, if the remaining items on the agenda could be postponed until
next week. Mayor Neal added that it would be beneficial to give those presentations at the beginning
of the next Council meeting since they involve important topics.
Minutes
Regular Council Meeting
October 14, 1997
Page 28
Mr. Hennings said he thought the report about the recent four-day rain event should be given
at this meeting since it was so pertinent. Mr. Crull described in detail the flooding and related effects
of the heavy rain throughout the city and surrounding areas. He said within the city the rainfall levels
ranged from 18 inches downtown to 24 inches on the southside, with the intensity as high as 4.5
inches falling in two hours. He said that can be compared with Hurricane Beulah in 1967 when there
were reports of 30 inches of rainfall. As a result, the capacity of the city's storm water system was
exceeded, and he discussed problems that occurred in different parts of the city, as well as city staff s
response to the situation.
Mr. Martin suggested that staff provide a report about the amount of water that was treated
at the wastewater treatment plant, which would provide information on infiltration. Mr. Crull said
several incidents related to the flooding will need to be reported to the Texas Natural Resource
Conservation Commission. He also commented on lower anticipated mosquito activity and a
prevalence of potholes and high weeds around the city that were exacerbated by the heavy rains. Mr.
Hennings said he appreciated the efforts of many city employees who worked long hours during that
time.
Council Member Betty Jean Longoria noted that some of the areas that experienced heavy
flooding are included in the 1997-2001 capital improvement program, and she asked if the schedule
for any of those projects would be accelerated since they have been identified as problem areas. Mr.
Crull replied that those projects would have to be prioritized in light of the overall utility program
which consists of water, wastewater and storm water programs. Mr. Hennings said staff would
review the CIP against the experiences over the last few days.
Mr. Hennings added that last week he had sent the Council a draft memorandum about the
recommendations from the Mary Rhodes Memorial Committee, and he said he plans to place that
item on the agenda for next week.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 9:10 p.m. on October 14, 1997.
*************