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HomeMy WebLinkAboutMinutes City Council - 08/11/1998I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of August 11, 1998, which were approved by the City Council on August 18, 1998. WITNESSETH MY HAND AND SEAL, this 18th day of August, 1998. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 11, 1998 2:10 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Edward A. Martin Council Members: Javier D. Colmenero Melody Cooper Alex L. Garcia Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Dr. David McNichols City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Calvin Frazier, South Bluff United Methodist Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Garcia. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of July 28, 1998, and there being no corrections, he proclaimed them approved as presented. He then welcomed the new City Manager, Mr. David Garcia. Mr. Joe Fulton, Chairman of the Greater Corpus Christi Business Alliance, introduced Mr. Robert Rivera, Vice President of Data Collection, and Mr. Richard Miller, Field Director of Millward Brown International, one of the largest market research firms in the country. The new company will open their offices next week on the first floor of Resource Plaza at Old Brownsville Road. Mr. Rivera pointed out that they plan to start a pilot program for Spanish-speaking interviewing in December. Ms. Char Beltran, the Alliance's Vice President for Tourism, introduced Mr. Jose Luis Calderon, a television producer from Mexico City who is assessing Corpus Christi tourist attractions that might appeal to Mexican travelers. ************ * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Minutes Regular Council Meeting August 11, 1998 Page 2 Cable Communications Commission Mary Beth Nelson (Reappointed) Mechanical/Plumbing Advisory Board Ralph Pitzer (Reappointed) Nicholas Llanes (Reappointed) Abelardo Flores (Reappointed) Patrick Scarpulla Park and Recreation Advisory Cmte Marvin Spears (Reappointed) Robert Ibarra (Reappointed) Robert Gross (Reappointed) Vic Menard (Reappointed) Oscar Hinojosa Sr. Mae Milligan C.C. Bay Area Minority Business Opportunity Steering Committee Adelfino Palacios (Reappointed) Rudy Ortiz (Reappointed) Gabriel Rivas III Sandra Terrell -Davis Stormwater Management Advisory Committee Robyn Cobb Planning Commission Bert Quintanilla (Reappointed) Brent Chesney (Reappointed) Elizabeth Richter Senior Companion Program Adv. Cmte. K.G. Coley Maria Dominguez Dorothy Evans Gilbert Salinas Patricia Shufelt Ethics Commission David Longoria Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 7226 Owen Court, criticized a letter that had been sent to the president of the Corpus Christi Builders' Association (with a copy to the Board of Realtors) from Mr. Tom Utter, Assistant City Manager for Development Services, regarding signs in the public rights-of-way. Mr. Gordy said it was not the responsibility of the Builders' Association or the Board of Realtors to enforce the ordinance. He urged the Council to change the portion of the sign ordinance regarding off -premises signs and to enforce the portion prohibiting signs in the city rights-of-way. Mayor Neal said the Council has asked the Planning Commission to assist them with that issue, and he noted that Mr. Gordy had made a presentation to the Planning Commission. Mr. John Hartley, 3925 Sandy Hollow, welcomed City Manager Garcia to the city. He commented on a fire that had occurred in the Annaville area. He questioned why eight fire trucks were needed in order to have the necessary manpower to fight the blaze. He also commented on the type of water pipes that exist in the northwest area and the frequency of water line breaks. He added Minutes Regular Council Meeting August 11, 1998 Page 3 that he knows people who cannot attend the Council meetings because they are held during the day when people are at work. Mr. Jose Marroquin, 2433 Allencrest, complained that the City Council allows Central Power and Light to be a monopoly, adding that the electric company has increased their rates up to 65%. He said he has written to the Public Utility Commission and he was told that the PUC will investigate that situation. He said District 3 Council Member John Longoria has influenced the decision regarding the electric rates. Mr. Longoria responded that he had discussed that issue with Mr. Marroquin and he pointed out that the rates were not his decision. Mr. Phil Rosenstein also welcomed City Manager Garcia. Mr. Rosenstein said he hopes Mr. Garcia can correct the problem of a lack of communication between the city staff and City Council. Mr. Irving Dietz, 455 Miramar, said that for the last two months he has been trying to determine what the procedure will be to allow citizens to communicate with people outside the city in the event of a major hurricane, such as Hurricane Celia. He said he has been given different responses to that question, and he asked the Council to ensure that channels of communication will be available to victims after a hurricane. Mayor Neal replied that they will look into it. Mr. Byron Wooldridge, 6705 Deerwood, said one of the reasons there is not more citizen participation in the Council meetings is because they begin at 2:00 p.m. when people are working. Also, he said the city government needs to change the way it acts toward citizens when they do participate, saying that the members of the Stormwater Utility Committee had been treated badly. Mr. J.E. O'Brien, President of the Taxpayers Association, read a letter to the Council in which he said that on July 29, 1998, the Ethics Commission held its first meeting since March 23, 1994. He said that during the Commission's July 29th meeting, public comments were heard on various agenda items, most of which concerned duties of the Commission that the Ethics Code lists as being required of the members. He said one Commission member, Ms. Connie Mufioz, complained of the public comments and evidently felt they should only be allowed at the end of the Commission meeting. Mr. O'Brien said the Executive Board of the Taxpayers Association feels that different types of public comments are an important element of any public meeting. He concluded that the Executive Board has voted to request the resignation of Ms. Mufioz and the appointment of a citizen who is willing to listen to the public and make the necessary decisions as the issue deserves. Mr. R.F. Hasker, 1813 Wallace, said that since the city is paying three lobbyists $30,000 per month, it would be appropriate for the citizens to receive at least a bimonthly report from the lobbyists. He said the city needs good, representative government voted on by the public; he added that Austin politicians should run the state government while the Council should decide local issues. Mr. Leon Perez, 904 Buford, said he wished to welcome the new City Manager and make Minutes Regular Council Meeting August 11, 1998 Page 4 him aware of all the pitfalls in the city. He also said he was available to provide Mr. Garcia with whatever information he might need on issues that occurred prior to his tenure. Mr. Abel Alonzo, 1701 Thames, welcomed City Manager Garcia, saying that regardless of some of the comments that were made, the majority of citizens are positive and proactive. As a member of the MHMR Board, Mr. Alonzo also thanked the Council members who voted to restore MHMR's funding, which is helping their clients become independent, productive citizens. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-9, and Council members requested that Items 4, 8, and 9 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M98-274 Motion authorizing the City Manager or his designee to execute a construction contract with Baldwin Roofing Company, Inc, in the amount of $41,825 to replace the roof on the Fire Department Vehicle Maintenance Garage and Training Facility at 209 South Carancahua St. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 5. M98-276 Motion appointing Javier Colmenero as a Board Member of the Corpus Christi Housing Finance Corporation, Corpus Christi Industrial Development Corporation and Corpus Christi Health Facilities Development Corporation. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 6. RESOLUTION NO. 023403 Resolution authorizing the City's Fire Chief to execute an amendment to the Supplemental Environmental Project Agreement with the Texas Natural Resource Conservation Commission for the purchase of tone activated radios for emergency response and communication during hazardous material incidents and conduct related public education programs. Minutes Regular Council Meeting August 11, 1998 Page 5 The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 7. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, to increase the technical construction code fee schedules; providing an effective date of September 1, 1998. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, Crime Control and Prevention District agreement. Responding to Council Member John Longoria, City Attorney Bray said there will be a separate contract for the Juvenile Curfew and Truancy Center. He said in the plan that was originally approved, the center is budgeted to be operated by the city; however, the plan also required that the Crime Control District send out requests for proposals to private agencies to see which option was more cost-effective. He said the district is involved in that process. Mr. Longoria suggested that the Mayor consider establishing a subcommittee of certain Council members and members of the Crime Control District Board to study the issue of establishing a Juvenile Curfew and Truancy Center, as there is a debate about how best to proceed with that. Mayor Neal said he presumed the Board was going to make a recommendation after they complete the request for proposals. Mr. Longoria asked if the Chairperson of the Board could provide an update, and Mayor Neal said he could communicate that to the Chairperson. Council Member Gonzales said since the truancy center will be a critical component of the Crime Control and Prevention District, it would be advisable for the Board to inform the Council of their intentions. City Manager Garcia said the Crime Control Board is scheduled to make a presentation during the Council's September 8"' meeting. City Secretary Chapa polled the Council for their votes as follows: 4. M98-275 Motion authorizing the City Manager or his designee to execute an interlocal agreement with the Corpus Christi Crime Control & Prevention District for implementation and administration of the FY 1998-99 Budget. Minutes Regular Council Meeting August 11, 1998 Page 6 The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, establishing a fee schedule for the sale of mulch. In response to Council Member McNichols, Mr. Andy Leal, Director of Solid Waste Services, explained that earlier in the year staff sent out a request for proposals to about 80 people in the nursery business to determine if they were interested in marketing and purchasing mulch produced at the city's landfill; however, no proposals were submitted. Subsequently, staff researched the issue and also received equipment in order to produce a finer mulch product. They concluded that the city could sell the mulch directly to nurseries and landscaping companies. Replying to another question from Dr. McNichols, Mr. Leal said staff still provides a large pile of mulch at the landfill entrance that is available to residents at no charge (even when the landfill is closed), and residents can fill a trash can or small pick-up with the mulch. Dr. McNichols suggested posting a sign at the gate on the limit that will be available at no charge. Council Member Martin asked what the plan would be when the mulch stacks up so high that staff cannot get rid of it. Mr. Leal said some of the nurseries and residents use the mulch, in addition to the Park and Recreation Department. Mr. Martin questioned why the ordinance does not specifically call for a portion of the mulch to be provided at no charge; rather, it says that the Director of Solid Waste Services is "authorized to, but not required to" provide small quantities of mulch at no charge. City Attorney Bray said he thought that was what the department had requested. Mr. Martin said the Council had said they wanted the mulch to be at no charge. Mr. Leal said staff could strike the phrase "but not required to" from the ordinance if it is a problem. Mr. Martin said the same language exists regarding the sale of mulch, and he asked staff to amend that prior to the second reading of the ordinance. City Secretary Chapa polled the Council for their votes as follows: 8. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash, and other refuse, to establish a fee schedule for the sale of mulch; providing for an effective date of September 1, 1998. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin voting "No." * * * * * * * * * * * * * Minutes Regular Council Meeting August 11, 1998 Page 7 Mayor Neal opened discussion on Item 9, lease agreement with The Limousine Company. Responding to Council Member Garcia, Ms. Bonnie Allin, Director of Aviation, said the staff of The Limousine Company currently do not have a booth inside the airport --they stand next to their vehicle in the same way as the taxicabs. When the terminal renovations are completed, staff intends to provide an information and ground transportation booth that will serve the customers for all ground transportation services. She added that the vendor had requested a short-term agreement (one year), and she pointed out that the airport is trying to provide a variety of transportation services. Council Member Colmenero asked why a national advertisement for requests for proposals had been sent out. Ms. Allin responded that a local vendor could not be located. She said the airport had a shuttle service for a long period but that service defaulted on their lease with the airport and owed the city money. A brief discussion ensued; Ms Allin pointed out that The Limousine Company is a local company and they had a one-year agreement with the city last year. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 023404 Authorizing the City Manager or his designee to execute a one-year lease agreement with Kent A. Nielson dba The Limousine Company for moveable counter space in the baggage claim area to sell tickets and as a communications base and parking space to operate a limousine service at Corpus Christi International Airport in consideration of company paying 6% of gross receipts per month. The foregoing ordinance passed on second reading by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero voting "No." * * * * * * * * * * * * * Mayor Neal opened the public hearing on Item 10, Howard Street right-of-way closure, and the related action under Item 11. He called for comments from the audience, and there were none. A motion was made to close the public hearing, it was seconded and it passed. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 023405 Ordinance closing and abandoning a 22,430 -square foot portion of Howard Street right-of- way between Culberson Street (Crosstown Frontage Road S/B) and Coke Street, subject to compliance with the specified conditions and the owner, the City of Corpus Christi, replatting the property within 180 days at its expense. Minutes Regular Council Meeting August 11, 1998 Page 8 An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 11. M98-277 Motion authorizing the City Manager or his designee to execute a contract in the amount of $31,802 with Duncan -Hope, Inc., Corpus Christi, Texas for Parking Lot Improvements at T.C. Ayers Recreation Center and Ben Garza Gymnasium. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened the public hearing on Item 12 and related action on Item 13 regarding the taking of land designated as a wildlife and bird sanctuary at the O.N. Stevens Water Treatment Plant for the construction of sludge lagoons. The Mayor called for comments from the audience. Ms. Pat Suter, 1002 Chamberlain, said she was speaking on behalf of the Audubon Outdoor Club of Corpus Christi Inc. She described the history of the formation of the wildlife sanctuary on the site of the Stevens WTP in 1971, and she discussed the importance of maintaining the sanctuary at that location. Ms. Suter explained that birds are territorial --the parent bird returns every year to the same tree in order to nest --and clear -cutting the trees in the sanctuary will displace the birds. She said there are 48 species of birds listed for the Stevens Sanctuary but none of them are endangered or threatened; consequently, they have no legal stand to try to stop this project. She also emphasized that the Audubon Outdoor Club of Corpus Christi Inc. has never been contacted by anyone regarding this issue, and no one has asked if there is some other way than destroying a sanctuary. Ms. Suter also referred to Phase 2 of the overall project, which will involve the east and west sludge lagoons located on the north side of IH -37 at the intersection of Sharpsburg and Up River Roads. She noted that that area is called "Pollywog Pond" by people in the birding community and it is listed in the Audubon Outdoor Club of Corpus Christi's birding brochure as a choice site to visit. She noted that there are 210 species of birds at Pollywog Pond, a large portion of which is wetlands, and she said they will be working very seriously to protect that location. Ms. Suter asked the Council to create a committee to study issues surrounding Phase 2 and Pollywog Pond. She suggested that the committee consist of representatives from the following entities: the city's Water Department, Audubon Outdoor Club, Texas Parks and Wildlife Department, and the U.S. Fish and Wildlife Service. She also described how economically beneficial birding can be for a community, and she announced that the Outdoor Club, along with other groups, Minutes Regular Council Meeting August 11, 1998 Page 9 will be sponsoring a hawk festival at Calallen High School in September which will attract people from all over the world. Mayor Neal said he hoped before work proceeds on Phase 2 (Pollywog Pond) that staff will bring back some recommendations on how to approach that; City Manager Garcia said they would do so. Mr. Garcia also pointed out that the city has cooperated with environmental groups to make excess city property available for environmental uses, such as the property at the water treatment plant. However, in the case of the treatment plant, that land is now needed to facilitate the operation of the plant, particularly now that the Lake Texana water (which has a higher turbidity) will begin flowing into the treatment plant. Ms. Brooke Sween -McGloin, 3301 San Antonio St., a member of the Planning Commission, said she did not think this was a matter of whether or not the sludge lagoons are needed but rather how the process moves forward. She said according to information she found on the Internet, there are grants available to help provide for both sludge lagoons and birding areas. She urged the Council to direct city staff to work with citizens and to develop innovative ways of approaching these issues. Mr. J.E. O'Brien said he was concerned about credibility. He noted that the taking of protected land requires a public hearing, which is being held that day. However, he said the agenda item appears that the contract is a "done deal," and he said while he is not speaking in favor of or against the item, he objects to the process itself. Mr. O'Brien also questioned how the Council could pass an ordinance adopting a portion of the proposed FY 1998-99 capital budget, when they have not even discussed it yet. Mr. Tim Chaney said he was representing MCS Technologies located at Southern Minerals Road. He said he was not aware until that day --through an article in the local newspaper --that the city was having a problem with excess sediment at the water treatment plant. He said there is a more economical altemative for the management of that material which involves mechanical processing and would not require much room for the equipment. Mr. Chaney said his company provides services to Koch Refinery, Valero, and soon to CITGO, as well as operating in other parts of Texas and internationally. He said he could provide additional information to the Council. City Manager Garcia said he is generally familiar with the process of mechanical de- watering, which is usually used in areas where space is very limited. He said it is a power- and machinery -driven process which uses a centrifuge to remove the water from the mud, but it still leaves solids to be disposed. Mr. Garcia said staff could talk with Mr. Chaney about this issue. Responding to Council Member Martin, Mr. Chaney said the equipment his company uses can be set up on a permanent basis and he believes, based upon the figures in the newspaper article, that his company can operate for less than what was being proposed. City Manager Garcia said this option was included as part of the bid package and there were no respondents. Mr. Chaney said they Minutes Regular Council Meeting August 11, 1998 Page 10 had not seen the bid package but had learned about it in the newspaper. Mr. John Hartley said they have to stop considering burying all the refuse in the city, and he added that salt can be sold but mud cannot. Mr. James Swartz said he is an avid birder and he described how his enthusiasm for birding is shared by many other people, many of whom travel to Corpus Christi to see the different varieties. Mr. Walter Newton said it seems there should be a better way of disposing of the sludge, such as for construction fill material, than to build more sludge lagoons. Council Member Martin made a motion to close the public hearing, seconded by Council Member Colmenero, and passed. Council Member McNichols said the City Council for years has been very sensitive to environmental issues, including with the Lake Texana pipeline project and the freshwater releases from the reservoirs. He said the land at the treatment plant was purchased with the intent of using it for future expansion of the plant; in the meantime, it was used for 27 years as a bird sanctuary. He said the time has come to utilize a portion of that land for additional sludge basins. Council Member Gonzales said he thought the Council should delay this item one week in order to review the information introduced by Mr. Chaney, particularly if it is an alternative technology that may help save some of the land at the plant. Mr. R.H. Shackelford, Director of Engineering Services, referred to maps and aerial photographs illustrating the 156 acres at the Stevens Water Treatment Plant and the location of the east and west sludge lagoons (Pollywog Pond). He said when the plant was built in 1953 there was only one treatment train; the second treatment train and sedimentation basins were built in 1984-87. He also reviewed the designation in 1971 of a portion of the plant as a wildlife refuge, while still recognizing that the long-range plan was to allow for eventual expansion of the plant. He noted that over time the presedimentation basin and the north and south sludge lagoons have become filled with solids and must be dredged. He said the requirement for disposing of that sludge was identified in the city's 1995 capital improvement plan and it has been in the process since then. Mr. Shackelford went on to explain that through the request for proposal process, the firm of Shiner, Moseley & Associates was selected in February 1998 to perform the design for this project. He said the project will comply with the federal Migratory Bird Treaty Act and they will ensure that there are no active nests remaining when construction begins. Mr. Shackelford then further described the proposed contract bid, which consisted of a base bid and two disposal options. He pointed out that none of the contractors bid Additive Bid Option "A" for off-site disposal of the dredged material for several reasons. Minutes Regular Council Meeting August 11, 1998 Page 11 He added that the second phase of Shiner, Moseley's contract will be to develop a cost/benefit analysis and a long-range sludge management plan for the treatment plant, which will come back to the Council. Mr. Shackelford emphasized that the east and west lagoons still need to be utilized and they have no intention of seeing the habitat destroyed. He also noted that at the plant itself, there is a lot of habitat that is outside the area of proposed construction, Mayor Neal asked when the sludge management plan would be ready, and Mr. Shackelford said in approximately four to five months; he further described the process that will be entailed. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, discussed costs of on-site sludge disposal versus off-site disposal. He said his rough figures indicate that even utilizing the de- watering technology, staff's proposal is still less expensive. The Mayor asked what the result would be if this item is delayed one week, Mr. Shackelford said the bids will hold another 45 days. He said the question that arises is if the figures to be provided by Mr. Chaney are attractive, whether it would be done on a proprietary basis or if they would go out for competitive bids. City Manager Garcia said these items could be delayed one week. Council Member Gonzales made a motion to table Items 12 and 13 for one week, seconded by Council Member Garcia, and passed. Council Member John Longoria said he was not opposed to waiting one week but he was trying to look further in the future. He said if they want to save Pollywog Pond they should focus on that issue and on using some of the technology there or finding other land. City Manager Garcia said the reason for delaying this item one week is to investigate the new claims of the technology that were brought forward. Council Member Garcia asked if this delay will cause a problem with the Lake Texana water coming in, and Mr. Crull said a short delay will not affect it but a long delay (six months to one year) would affect it. Mr. Garcia said they also need to be sensitive to the concerns that were raised about the public hearing process in this situation. In response to Council Member Colmenero, Mr. Crull further described physical areas of the treatment plant. 12.a. TABLED O . S._-._. *Nai1t fort§ ce„ v�rv-�-v�r� Wate. TreaH.�e, 12.b. TABLED • .r. . •• • .1 • • • ., vn uet;ef of sludgt, lagoons. Minutes Regular Council Meeting August 11, 1998 Page 12 Trcatm. nt Plant as a vdildlif,, and bad at.ctuasy. 13.a.TABLED O.dinar,cc adopting a portion of the proposed FY 98-99 CapitaldBudget-for eet.struet-ioi, of Rehabilitation, Stage 1 proje.,t. 13.b. TABLED •., Z.: . : Garrett Ce..st,actie,., Cerpu., Chri,,ti, Texas in th., ai,.eunt of $2,318,968 fen the O.N. Stevens -Date. Treat.aen.t Plant: Sludge Lagoons -and I4esedirnentatieneBasa. Rehabilitation, Stage 1. * * * * * * * * * * * * * Mayor Neal called for a short recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, compliance with the Fair Housing Act. Rev. Willie Davila, Chairman of the Human Relations Commission, said that on February 17, 1998, the Commission proposed to the Council that the Human Relations Department become substantially equivalent to the federal Fair Housing Act. He said they held public hearings concerning the change to the current city ordinance that governs local housing discrimination laws, and they met with interested persons. As a result, Rev. Davila said they have reached a consensus on the amendments to the ordinance. He distributed letters of support from the commanding officers at the Naval Stations in Corpus Christi and Ingleside; from Bishop Roberto Gonzalez of the Diocese of Corpus Christi; from Mr. Marlon Griffin, President of the Corpus Christi Branch of the NAACP; and from Mr. Gonzalo Tamez, President of LULAC Council #1. He said he believes that Congressman Solomon Ortiz has also written a letter in support of the proposal. Mayor Neal called for comments from the audience. Mr. Willard Hammonds II said he was representing the Corpus Christi Apartment Association as well as himself as a rental property owner. He said the Apartment Association is proud to say that they support the proposed changes and he thanked the Human Relations Minutes Regular Council Meeting August 11, 1998 Page 13 Commission, in particular Rev. Davila, and the city staff, including City Manager Garcia, City Attorney Bray, and Assistant City Manager Utter, as well as the City Council. Mr. Abel Alonzo thanked everyone involved, particularly the Apartment Association and the Board of Realtors. He said this is a positive step toward making the community truly inclusive. Mr. Foster Edwards, representing the Corpus Christi Board of Realtors, thanked the Council members and city staff members Mr. Garcia, Mr. Bray, and Mr. Utter, as well as Rev. Davila and the members of the Human Relations Commission. He said the Corpus Christi Board of Realtors has a long history of supporting fair housing and they support this ordinance. Rev. Harold Branch praised the proposed amendments that will aid the Human Relations Commission in the area of fair housing. He noted that 30 years ago, he and others marched around City Hall urging the Council at that time to take the action that this Council was preparing to take. He also commented on the fact that approximately $100 million in federal monies designated for housing for poor people has been sitting idle in Austin. Mr. J.E. O'Brien commended the Council for tabling Items 12 and 13 and for their probable support of this item. Several Council members commended those involved for reaching a resolution on this issue, including City Manager Garcia, Rev. Davila, Mr. Hammonds, and Mr. Edwards. In response to Council Member Garcia, Rev. Davila explained that the Human Relations Commission will receive $100,000 per year for up to three years; in addition, any necessary training will be paid for by the U.S. Department of Housing and Urban Development. Mr. Garcia then asked how many additional staff members will be hired as a result of this action. Dr. Helen Gurley, Human Relations Director, replied that two people will be hired. Rev. Davila added that the ordinance will apply to landlords who operate more than three rental units. Council Member Garcia also asked about the funding for Coastal Bend Legal Services. Mr. Errol Summerlin, director of that agency, replied that they receive funds from a variety of sources, including federal, state, and local sources. Mr. Bray explained that there are rules to avoid conflicts of interest with regard to the director of Coastal Bend Legal Services serving on the Human Relations Commission if a case is ever brought to that agency for legal representation. Mr. Garcia suggested that consideration be given to allowing a representative of the Apartment Association or the Builders Association to serve on the Human Relations Commission. Mayor Neal also expressed his appreciation to those who worked to reach an agreement on the fair housing issue. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting August 11, 1998 Page 14 14. FIRST READING ORDINANCF Amending the Code of Ordinances, Chapter 24, Human Relations, Articles I-IV "Discrimination in Housing"; providing for Fair Housing Act compliance, prohibiting discrimination in housing based on race, color, religion, sex, disability, family status, or national origin; providing a procedure for investigating and settling complaints of discriminatory housing practices; giving the Corpus Christi Human Relations Commission power to issue subpoenas and order discovery to conduct hearings, to order relief, to assess civil penalties not to exceed $50,000; providing for enforcement by the City Attorney; providing or civil remedies and attorney's fees; providing for criminal penalties; providing for other matter related thereto; and establishing an effective date. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. ********** * ** City Secretary Chapa said Items 15.a., 15.b., and 16 were being withdrawn by the City Manager. 15.a. WITHDRAWN to this City Manase.. 15.b. WITHDRAWN *di cases. 16. WITHDRAWN S1.fliCtius Motion app.ening th pu.el.as., of M„nieipa1 Ara-Nctwoiking cquipn.ent fre.a M Call :r- :.r toad, + eagi. thc State of Tcxaa Coope.ativc Pu,el.asiag Frugal/1. The equipment will tlneugh thc inf.a,tructure portierroof-the--Yzat 2000 l\ejcct. Minutes Regular Council Meeting August 11, 1998 Page 15 ************ * Mayor Neal opened discussion on Item 17, ad valorem tax rate. He called for comments from the audience. Mr. J.E. O'Brien said that when the Council approves this motion, they are approving the notice that will appear in the newspaper that will state "Notice of Public Hearing on Tax Increase." He said the bottom of the notice will state that the taxes on the average home will increase by 6.46%. City Manager Garcia pointed out that the tax rate will not change --it is exactly the same as last year's rate. He said the only reason notice is being given of a tax increase is due to increases in the valuations of assessed property, which is a sign of a healthy economy. City Secretary Chapa polled the Council for their votes as follows: 17. M98-278 Motion setting September 8, 1998 as the date of adoption of the ad valorem tax rate of $0.623726, and setting a public hearing on the ad valorem tax rate on August 25, 1998 during the regular City Council meeting beginning at 2:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, empowerment zone application. He explained that about two weeks ago he attended a meeting in Washington, D.C., with representatives from HUD, Port of Corpus Christi, Nueces and San Patricio counties, as well as representatives of the law firm that has assisted the Port over the years. He said he feels the empowerment zone issue should be examined by Nueces County and Corpus Christi; consequently, he asked the City Manager to place this issue on the agenda for further discussion. Mr. Utter explained that this is the second round of empowerment zones; the first round took place in 1994, when the city prepared an extensive empowerment zone application. He said Corpus Christi was not selected for that designation but an area in the Rio Grande Valley was chosen as one of the three rural empowerment zones in the country. Mr. Utter said despite that outcome, the application process was very beneficial and it resulted in the five-year Consolidated Action Plan. Mr. Utter went on to say that there will be a total of 15 urban empowerment zones across the United States. If selected, Corpus Christi could receive up to $100 million in various federal and Minutes Regular Council Meeting August 11, 1998 Page 16 state funds over a 10 -year period. He said the application will need to include the input of people from throughout the community. He explained that the staff of the Port of Corpus Christi had presented this issue to their board that morning, and they agreed to jointly fund with the city a consultant team to help prepare the empowerment zone application during the next two months. In response to Council members' questions, Mr. Utter said the empowerment zone is designed to allow a variety of organizations to come together to provide a strategic vision of the direction in which the community wants to go. He said it is principally designed for the weakest link in a community --persons of lower income --for education, employment, daycare, infrastructure, and many other needs. Mayor Neal and Mr. Utter also discussed the importance of having a regional application and the timeline involved. The Mayor then called for comments from the audience. Mr. Roy Martinez, 1440 Dahlia, said that while he thought this was a good idea, he was concerned about the funding source from CDBG administrative funds. He referred to Resolution 021901, approved in March 1994, particularly Section 9(c) and 9(d) regarding CDBG funding. Council Member John Longoria and Mr. Utter pointed out that that resolution pertains to Council directives for funding CDBG projects; the funding for the consultants for the empowerment zone application will be taken from the city's CDBG administrative costs and will be done in conjunction with the Port. City Secretary Chapa polled the Council for their votes as follows: 18. M98-279 Motion authorizing the preparation of an Empowerment Zone application and authorizing the City Manager to jointly contract with the Port of Corpus Christi to hire a consultant team to prepare the application, with the City's 50% share of costs estimated up to $30,000. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, supply agreement for liquid caustic soda. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 19. M98-280 Motion approving a supply agreement with Van Waters & Rogers, Corpus Christi, Texas for approximately 7,200 tons of liquid caustic soda in accordance with Bid Invitation No. BI- Minutes Regular Council Meeting August 11, 1998 Page 17 0189-98, based on low bid, for an estimated semi-annual expenditure of $551,800. The term of the supply agreement will be for six months with options to extend for up to two additional six month periods, subject to the approval of the supplier and the City Manager or his designee. The Water Department will use this chemical for the treatment of our water supply. Funds have been budgeted in FY 98-99. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia informed the Council that over the next few weeks he will be intensifying his efforts to reach a settlement with both the police and firefighters unions. He said he has had initial meetings with representatives of the unions and they have given their concurrence to enter into discussions. He said he is optimistic that they will reach a positive conclusion and he added that he will report to the Council when he has substantive information. The City Manager also said he was seeking the Council's concurrence to enter into discussions with Nueces County regarding their proposal to use the tobacco lawsuit settlement funds. He said there are a number of ways that those funds can be utilized. Mayor Neal said he would support Mr. Garcia's suggestion. Council Member John Longoria also said he thought discussions should proceed on developing ideas for using the tobacco settlement funds. A brief discussion ensued. City Manager Garcia then referred to the issue of changing the 512 area code. He said that during the last two Council meetings, the Council approved the contract with Butler, Porter, Gay & Day to represent the city at the Public Utility Commission, but the money to fund that contract was deleted from the budget upon the second reading of the ordinance. City Attorney Bray said the contract with Butler, Porter, Gay & Day for FY 1998-99 would be for $40,000 since $10,000 was included in FY 1997-98. Mayor Neal asked if the process had already begun, and City Manager Garcia said it had but staff wanted to clarify that that was the Council's intent. Mr. Bray said the funding would have to come from the reserve appropriation. Mr. Garcia was asked for his recommendation, and he replied that if the 512 area code is changed in the Corpus Christi area and the city had not made an effort to stop it, they would be subject to some criticism. He said unless there is a strong feeling not to pursue it, he felt they should proceed. Council Member McNichols made a motion to direct staff to utilize the reserve appropriations to fund the 512 area code effort; seconded by Council Member Betty Jean Longoria. Minutes Regular Council Meeting August 11, 1998 Page 18 Mayor Neal called for a voice vote, and the motion passed as follows: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Garcia voting "No"; Martin absent. Mayor Neal called for Council concerns and reports. Council Member John Longoria asked about the status of the resolutions regarding the Commissioners Court (road and bridge fee and school crossing guard fee). Mayor Neal replied that he delivered them to the County Judge and they were going to be on the agenda at the Commissioners Court, but the Mayor asked that those items be removed from their agenda since there was no indication that the proposals would be favorably considered by the Commissioners. Council Member Gonzales said he would like the Council to pass a resolution supporting bringing 470 jobs from Kelly Air Force Base in San Antonio to Corpus Christi. He said he thought the South Texas Military Facilities Task Force had passed that resolution, and he asked if the Council was going to consider it. Mayor Neal said they could consider it at the next Council meeting. He said he would ask Mr. Gary Bushell to bring that motion forward on behalf of the Task Force. Council Member Colmenero said he was informed that some barricades at Corpus Christi Beach have been opened, resulting in vehicles traveling on the beach. He said the Council had been informed that one of the members of the Ad Hoc Old Nueces County Courthouse Committee had resigned, and he noted that former District 2 Council Member Jaime Capelo had not made an appointment to that committee. Mr. Colmenero asked about the role of that committee. Mr. Utter explained that the ad hoc committee was given the task by the Council of recommending a consultant who will conduct a study of the old Nueces County Courthouse. He said a subcommittee of the ad hoc group has been working on that and they will be making a recommendation before the end of August to the full committee, and it should come to the Council in September. Mr. Colmenero asked about the timeline in making his appointment to the ad hoc committee, and Mr. Utter suggested he do that within the next two weeks. Council Member Garcia asked about the roof color on Memorial Coliseum. Mr. Crull said he would verify it, but he believed the teal color on the roof would consist of two coats of paint and the bottom coat is lighter. Mr. Garcia also commented on motorists who are not observing the left - turn only light onto Chaparral from IH -37. He also referred to a letter from the Texas Department of Transportation regarding the highway name change for Cesar Chavez. He asked if a copy of the Council's resolution on that issue was sent to the county, and City Secretary Chapa said that it was. Mr. Garcia asked about fare changes in the airport's parking lots. City Manager Garcia explained that the Council had discussed that during the first reading of the ordinance on July 21st and staff provided a report on suggested changes on July 28th, but at that point on second reading the Council decided to approve the $1.00 rate for the first half hour in the short-term lot and $1.00 Minutes Regular Council Meeting August 11, 1998 Page 19 for each additional half hour (instead of making the first half hour free). Mayor Neal said staff was specifically asked about that issue, and the Director of Aviation had pointed out that making the first half hour free would result in a revenue shortfall. Council Member Betty Jean Longoria asked if there were any plans for the use of the existing federal courthouse once the new federal courthouse is constructed and occupied. Mr. Utter said staff had some discussions with the General Services Administration (GSA) early on when they were negotiating the sale of the city property for the new federal courthouse. He said GSA advised staff that they would prefer to wait until it is closer to the time for the existing courthouse to be vacated before they discuss it further. He said the building has been well maintained and it could be used in a variety of ways. Mrs. Longoria also requested an update on the outlet mall, and she asked if there were any plans to further discuss some of the issues that had been raised during the budget process. Mayor Neal said he would not mind doing that but he wanted to give the new City Manager an opportunity to become more familiar with the budget. City Manager Garcia said his contract includes a discussion with the Council on their goals, priorities and objectives, and he thought they could set a format for that in the next month or so. Council Member Cooper said one of her constituents had reported a water leak in front of the Whataburger restaurant in Carmel Village. She also asked about the status of the Commission on Children and Youth's report. Mayor Neal said a new staff person has been hired with a grant through the Sheriffs Department to work on that report. In addition, he said they were just informed that the Kenedy Foundation will make a $50,000 grant toward the entire process, and they asked the Commission to bring back a recommendation on how to use those monies. The Mayor said they have met with a Department of Justice study team and another meeting is scheduled in the near future. He briefly discussed the Commission's work with various community agencies and the role of the new staff person, who will have an office at the United Way. Mr. Bray noted that that staff person's position is not a city position. Mrs. Longoria commented that TXDOT has been trimming the palm trees along the state highways. Mr. Longoria asked about the status of repairs on the Crosstown Expressway. Mr. Crull said TXDOT was working on a revised bid package to send out, and they are moving forward with the project to revitalize the lighting system on Crosstown. Mayor Neal thanked Circle K stores, which underwrote the cost of sending young people from the Leathers Housing Project to Fiesta Texas last month. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:15 p.m. on August 11, 1998. *************