HomeMy WebLinkAboutMinutes City Council - 10/27/1998I 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 October 27, 1998, which were approved
by the City Council on November 10, 1998.
WITNESSETH MY HAND AND SEAL, this 10th day of November, 1998.
A ando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 27, 1998
2:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem John Longoria
Council Members:
Javier D. Colmenero
Melody Cooper*
Alex L. Garcia Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
City Staff:
City Manager David R. Garcia
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Assistant City Attorney Alison Gallaway
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Council Member McNichols, following which the Pledge
of Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting. Mayor Neal called for
approval of the minutes of the regular Council meeting of October 20, 1998. A motion was made
and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to the presentation on the day's agenda. Ms. Paige Dinn introduced Mr.
Fred Mills, who gave an update on the youth comprehensive strategy entitled "Youth Opportunities
United" being developed with the assistance of the Office of Juvenile Justice and Delinquency
Prevention. He said a community planning group has been formed and they are responsible for
several tasks, including the following: constructing a risk needs assessment; establishing priorities
for prevention, intervention, and sanctions; identifying service gaps in existing local programs;
adapting best practices; and recommending policies and procedures that will institutionalize a
seamless service continuum. Mr. Mills said they will update the Council again in January.
*Council Member Cooper arrived at 2:05 p.m.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Minutes
Regular Council Meeting
October 27, 1998
Page 2
Mr. Abel Alonzo, 1701 Thames, said he has been attending the board meetings of the Greater
Corpus Christi Business Alliance, and he is concerned that the Alliance board has failed to act in
good faith to become inclusive and diverse.
Mr. Phil Rosenstein asked the city to review why H -E -B Food Stores charge a fee to collect
payments for Central Power and Light, Southwestern Bell and the city's utilities. He said the city
has a franchise agreement with SWB and they should not be taking advantage of poor and disabled
persons. He said an H -E -B employee told him that the service fee is not set by the food store but
rather by the other companies. Council Member Garcia, who owns his own food stores, said the fees
are the option of the owner of the business collecting the payments.
Mr. Paul Salinas, 6713 Oakgate, said that when it rains in the Crossgate subdivision, the
neighbors remove the manhole covers to speed up the drainage and he is worried that a child will
fall into the manhole Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said
city staff is aware of the situation at Crossgate and there are funds proposed in the capital budget to
make modifications in the stormwater system there.
Ms. Kay Noyes, 930 Coral, requested that improved pedestrian crossing protection be
installed on Everhart Road at Schanen Boulevard. She said she was making the request on behalf
of a friend who is confined to a wheelchair and who crosses Everhart to and from his job at the
Country Club Shopping Center. Mayor Neal said staff will review Ms. Noyes' request.
Mr. Leon Perez, 904 Buford, said that every time it rains the stormwater drains fill up quickly
and clog. He also complained about the large number of mosquitos.
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 2-8. Council members and an audience member
requested that Items 3 and 8 be withheld for discussion. City Secretary Chapa polled the Council for
their votes and the following were passed:
2. M98-370
Motion authorizing the City Manager or his designee to solicit requests for proposals from
firms not locally owned for professional services in administering the City's group health
plans under: (1) a self-insured program including administration, medical provider network
and stop loss insurance; or (2) a fully insured program through one carrier.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
Minutes
Regular Council Meeting
October 27, 1998
Page 3
RESOLUTION NO. 023469
Resolution supporting the initiatives of the Texas Department of Transportation and the
Texas Regional Air Service Task Force through commitment of funds as a participating
sponsor of the Statewide Small Market Air Service Needs Assessment.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
5. ORDINANCE NO 023470
Ordinance authorizing the City Manager or his designee to execute a use privilege agreement
with CITGO Refining and Chemicals Company L.P. to construct, install, operate, and
maintain an underground concrete duct bank measuring 19 inches high by 36 inches wide
by 80 feet long which will contain eight (8) 4 -inch PVC conduits, crossing the Nueces Bay
Boulevard right-of-way at approximately 158 feet south of the John Street centerline right-
of-way; establishing a fee of $1,840.
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."
6. FIRST READING ORDINANCE
Amending Section 2-184 of the Corpus Christi City Code of Ordinances to delete rules
which prohibit political advertising on the public access channel.
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."
7. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five-year concession services
lease with the Pan American Golf Corporation at the Oso Beach Municipal Golf Course in
consideration of Pan American paying 10% of monthly gross sales or $1,000 per month,
whichever is greater.
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."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
October 27, 1998
Page 4
Mayor Neal opened discussion on Item 3, Texas Parks and Wildlife Department grant.
Responding to Council Member McNichols, Mr. Dan Whitworth, Acting Director of Park
and Recreation, said the city did not receive the state grant last year because deadlines were not met;
however, that situation has been rectified and staff is requesting that the grant be applied for this
year. City Secretary Chapa polled the Council for their votes as follows:
3. RESOLUTION NO. 023468
Resolution authorizing the City Manager or his designee to submit a Community Outdoor
Outreach Program grant application for up to $20,000 to the Texas Parks and Wildlife
Department to fund outdoor education and recreation enhancements to the City's Summer
Recreation Programs.
The foregoing resolution passed by the following vote: Cooper, Garcia, Gonzales, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 8, fee for inspections of child care and foster homes.
Ms. Annette Duvall, 7101 Trappers Lake Dr., said she is a member of the Nueces County
Child Welfare Board and she spoke against the proposed amendment to Chapter 23 of the Corpus
Christi Code of Ordinances as it pertains to foster homes. She distributed information about the
proposed amendment to the Council, including portions of Title 40 of the Texas Administrative
Code (TAC) and information from the regional office of the Texas Department of Protective and
Regulatory Services (TDPRS).
Ms. Duvall said that according to the information from the TAC and the TDPRS, health
inspections of foster homes are required every two years, not every year as stated in the proposed
ordinance. Ms. Duvall referred to a resolution passed by the Nueces County Child Welfare Board
on October 22, 1998 opposing the proposed fee for annual health inspections of foster homes. She
noted that she is not opposed to a fee for health inspections of day care facilities. She also requested
that in the future, when an item pertains to foster children and foster families in Nueces County that
the Child Welfare Board be notified so they can provide input.
Responding to Mayor Neal, City Manager Garcia said the origin of the proposed ordinance
was a state law requirement. He said if incorrect citations were made they would need to be
corrected; he then suggested that Item 8 be tabled. Council Member Gonzales made a motion to table
Item 8 until the next Council meeting (on November 10, 1998). The motion was seconded by
Council Member Martin and it passed.
Minutes
Regular Council Meeting
October 27, 1998
Page 5
8. TABLED
An.,.ndi..g Clra ter 23 ofthc Corpus Chri,ti-Cod. of Onl 1i&1ees to establish a f‘e of $35 fol
Depargaei.t efPrateetivc and Regulate,y Setviees-fora.nraal li„ens;ag; effective January 1,
1-999.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 9, city's legislative agenda.
City Manager Garcia noted that the Council held a work session on the proposed legislative
agenda on October 13, 1998 in which they discussed several items in detail. He said as a result, staff
made eight significant changes to the package that had been presented.
The City Manager said the first change was to develop a three -tiered classification system
of the specific legislative items, with the highest being "priority," followed by "actively support"
and "endorse." He said staff also indicated which items are held in common with the Business
Alliance, Texas Municipal League, Texas A&M -Corpus Christi, Del Mar College, and the Corpus
Christi Independent School District. The third change was to make it clear that the policies apply to
both legislative initiatives and administrative initiatives; the fourth change was to expand the issue
of the hotel tax for the convention center to include all resources for that project; and the fifth change
was to delete the reference to valuations from the item on truth in taxation.
Mr. Garcia said the sixth change was to revise the JFK Causeway item to include aggressive
support on all fronts --administrative as well as legislative. He said their objective is to rank that item
as one of the city's top priorities and to present a united front consisting of many groups which feel
that issue is a priority. He said the seventh change was to delete the proposed automation fee for
Municipal Court and the eighth change was to add language that authorizes city representatives to
address general issues which arise that had not been anticipated.
Mayor Neal recognized State Representative Gene Seaman, whose district includes Padre
Island. Rep. Seaman referred to pictures of the JFK Causeway when it was covered with water
during two storm events. He said there are an average of 7,500 people on the island regularly and
sometimes there are as many as 100,000 people there. Rep. Seaman emphasized the importance of
having unified support, including support from the City Council, on the issue of raising the JFK
Causeway.
Council Member John Longoria said that one of the priority issues under the section of the
legislative agenda entitled "Essential Infrastructure - Transportation" is the equitable distribution of
road maintenance and construction revenues, specifically the county's road and bridge fund. Mr.
Minutes
Regular Council Meeting
October 27, 1998
Page 6
Longoria pointed out that although most of the residents of Nueces County live within the Corpus
Christi city limits, the city has been denied access to the road and bridge monies. He said those
monies could be used as the local match for the JFK Causeway project, and he said they will be
counting on Rep. Seaman and the Texas Legislature to allow that to happen.
Rep. Seaman replied that the JFK Causeway issue is not a high priority on the state level
based on traffic counts; therefore, he said the project's supporters need to emphasize the safety
aspect. He added that they are looking for a revenue stream in this area that can guarantee a State
Infrastructure Bank loan for the project.
Council Member McNichols agreed with Rep. Seaman that the public safety issue with
regard to the JFK Causeway has to be stressed to the point that the previous opposition to the project
can be overcome.
Council Member Gonzales said the JFK Causeway is not a Padre Island issue but rather a
city-wide issue, and he said the support has to be widespread and consistent in order to make it a
priority. Rep. Seaman said a hearing was held in Flour Bluff a few months ago and the Texas
Department of Transportation (TXDOT) is now redrawing a second plan which will be reintroduced
in February or March 1999. He said that plan will be the focus of the project's supporters.
Council Member Colmenero said that in 1980 the causeway was closed due to high tides
generated by Hurricane Allen, and he suggested that supporters utilize pictures of that event in their
presentation. Council Member Garcia said that Mr. Billy Parks, TXDOT District Engineer, told the
Council several months ago that the only way a transportation project would become a priority
would be if the local community provided some funding for it. He asked if the issue of local
monetary participation, such as a toll road for Padre Island, needed to be addressed at this time. Rep.
Seaman said the causeway supporters are aware of the importance of local participation in order to
expedite the project; without it, there is no way to know when the causeway may be raised. Council
Member Garcia said the causeway supporters need to inform the Council whether they would be
willing to support a toll road concept.
Council Member Betty Jean Longoria also emphasized the importance of presenting a unified
front on the causeway issue. She said the city of Corpus Christi always seems to be shortchanged
with regard to federal and state funds and she hopes that will change. Council Member Cooper said
she recently went through Cuero, which was devastated by floods, and she was reminded of the
importance of preparedness. She said she appreciated Rep. Seaman's efforts on the causeway project.
Council Member Martin made a motion to approve the JFK Causeway item as listed in the
legislative agenda, seconded by Council Member Colmenero, and passed.
Mayor Neal thanked Rep. Seaman and the people in the audience supporting the JFK
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Regular Council Meeting
October 27, 1998
Page 7
Causeway project for their interest. He said the Council will do as much as they can to help that issue
become a reality in the next legislative session. The Mayor then called for a short recess.
Upon reconvening, Mr. Martin made a motion to approve the remaining items in the
proposed legislative agenda. There were no additional comments from the audience. City Secretary
Chapa polled the Council for their votes as follows:
9. RESOLUTION NO. 023471
Resolution adopting a Statement of Policy for the City of Corpus Christi regarding
legislation in the Seventy -Sixth Texas Legislature and United States Congress and actions
by state and federal administrative agencies until amended by the City Council.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent.
*************
Mayor Neal opened discussion on Item 10, proposed FY 1998-99 capital budget.
City Manager Garcia suggested that the Council consider the FY 1998-99 component of the
capital improvement program (CIP) at this meeting, and then schedule a Council workshop to
consider in detail the remaining four years of the five-year CIP.
Mayor Neal called for comments from the audience.
Mr. J.E. O'Brien, 4130 Pompano, said there was an excessive use of certificates of obligation
and revenue bonds in the capital budget. He referred to two items in the 1999-2003 Capital
Improvement Planning Guide: ramp reversals and wastewater service to the golf course and factory
outlet mall. He asked if the expired contract with the developer of the outlet mall was being
renegotiated or extended. Mr. O'Brien also asked if the Garwood contract constitutes a new water
supply since the city had an option to purchase the Garwood water prior to the establishment of the
Public Law Trust Fund. City Attorney Bray said the Garwood contract is a new water source under
that provision.
City Manager Garcia quoted from a portion of the publication by Moody's Investor Service
regarding Corpus Christi's financial status. The publication stated that the city's overall debt burden
is 3.5% while the nationwide median is 4.4%. Also, it said that debt service as a percentage of
expenditures remains affordable at just under 18% in FY 1997, which was the last year Moody's
conducted its analysis.
Minutes
Regular Council Meeting
October 27, 1998
Page 8
Council Member Martin pointed out that the references to the outlet mall and the ramp
reversals were shown in the planning guide as prior year expenditures. Mr. Crull verified that those
funds were appropriated as part of FY 1997-98 and they are carried as prior year expenditures and
are not part of the FY 1998-99 capital budget. Mr. Martin said that when the Council considers the
remaining four years of the CIP, those funds should be reprogrammed since the deadline for the
outlet mall project has expired.
Responding to another question from Mr. Martin, Mr. Crull said staff is proposing
approximately $6,983,000 in certificates of obligation, of which $5,423,000 would be for the
purchase of the landfill property and $1,560,000 is for two street projects: McArdle Road and Airline
Road, which were in the 1986 bond program. Mr. Martin pointed out that the City Charter allows
voter -approved bonds to be exempt from the 68 -cent tax cap. He said the city should be cautious in
its use of certificates of obligation; however, he felt that using them for the projects Mr. Crull
outlined were an appropriate use of the CO's.
Council Member Gonzales asked about the $6.77 million being proposed in the FY 1998-99
capital budget for stormwater. Mr. Crull said the budget includes many stormwater projects that will
help alleviate flooding problems, and the design for those projects was included in the previous
year's capital budget. He added that the Crossgate subdivision is included in this year's budget.
Council Member McNichols said he agreed with Mr. Martin's comments regarding
exercising caution in the use of certificates of obligation. He asked when the Charter provision
regarding the exemption to the tax cap went into effect, and City Manager Garcia said it was in 1993.
Mr. Garcia added that staff plans to work toward a basic services bond issue within the next 12 to
18 months.
In response to Council Member Colmenero, Mr. Crull said the McArdle Road and Horne
Road projects do not include all of the streets that feed into those two streets. He noted that some
of the streets in the Home Road area do not have curbs, gutters and sidewalks and the city relies on
the voluntary paving program to allow residents to indicate which neighborhood streets they want
to have developed (for which they will be assessed a portion of the cost).
Dr. Gonzales asked about the status of the Holly Road improvements, and Mr. Crull said that
project, which is being administered by TXDOT, is scheduled to be completed by Thanksgiving.
City Secretary Chapa polled the Council for their votes as follows:
10. FIRST READING ORDINANCE
Approving the FY 1998-99 Capital Budget in the amount of $99,754,100.
The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper,
Minutes
Regular Council Meeting
October 27, 1998
Page 9
Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 11, adoption of the city's investment policy. He
called for comments from the audience, and there were none. City Secretary Chapa polled the
Council for their votes as follows:
11. RESOLUTION NO. 023472
Resolution amending the City Investment Policy to: delete references to Texpool Investment;
retitle and renumber sections of the City Investment Policy; clarify and update investment
terminology; and adopting the City Investment Policy as amended.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
*************
Mayor Neal opened discussion on Item 12, installation of art work. He called for comments
from the audience, and there were none. City Secretary Chapa polled the Council for their votes:
12. M98-371
Motion authorizing the installation of artwork donated by the Art Institute of South Texas -
Antonio Garcia Education Center to be placed on city property at the Agnes/Laredo/Cross-
town Underpass.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
Referring to Item 11, Council Member Martin asked City Manager Garcia to review the
city's list of institutional brokers to determine if there was any advantage to using more local
brokers. Mr. Garcia said staff is looking at expanding the List.
* * * * * * * * * * * * *
Mayor Neal announced the closed session, pursuant to Texas Government Code Section
551.071, regarding firefighter collective bargaining.
The Council went into closed session.
Minutes
Regular Council Meeting
October 27, 1998
Page 10
The Council returned from closed session.
* * * * * * * * * * * *
*
Mayor Neal called for the City Manager's report. Mr. Garcia said the city of Cuero had
requested assistance with their flooding problems, and two crews consisting of about 12 Corpus
Christi city employees will be providing that help for the next three days. He said since Cuero has
been declared a disaster area by the Federal Emergency Management Agency, Corpus Christi's costs
should be reimbursed according to the FEMA guidelines.
Mr. Garcia said the meeting with the representatives of the port industries has been
rescheduled for the first part of the new year, and staff will advise the Council of the exact date. In
addition, the Council is scheduled to meet with the city's legislative delegation on Tuesday,
December 15, 1998 at noon. Council Member Martin suggested that the meeting be held in the City
Hall Basement Training Room.
Mr. Garcia noted that the November 10th Council meeting will have a full agenda, beginning
with the joint meeting between the Council and the CCISD Board members at noon in the Basement
Training Room. During the regular Council meeting that day, the public information forum will be
held on Central Power and Light's rates, and there will be three zoning cases, one of which is
controversial. Mr. Garcia said the Texas Municipal League state convention is scheduled for October
28-31 in San Antonio.
Mayor Neal said he has asked Mr. Garcia and Mr. Bray to prepare an outline for the public
information forum so as to maintain order and be fair throughout the process. Mr. Bray said the
format basically consists of CPL first providing information to the Council and responding to the
concerns that have been expressed by citizens. He said CPL's presentation will be limited to 30
minutes. Secondly, said Mr. Bray, Mr. Marroquin and others supporting his position will make
comments, also within a 30 -minute period. Then the City Council will be able to address questions
to any of the speakers and to Mr. Geoffrey Gay, the city's utility lawyer from Austin. City Manager
Garcia said it is important to note that this will not be a rate hearing.
Referring to the public information forum, Council Member McNichols commented on the
complexity of setting utility rates. Mayor Neal agreed and he suggested that Mr. Gay provide an
explanation of the current situation before the Public Utility Commission (PUC), as Mr. Bray had
done during a previous Council meeting.
Council Members Martin and McNichols said that while they agreed it was appropriate for
CPL representatives to explain their rates to citizens, the proposed format of the meeting will result
in the public expecting the City Council to take some action at the conclusion of the discussion,
which they said would not be appropriate. Mayor Neal replied that during the last Council meeting
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Regular Council Meeting
October 27, 1998
Page 11
the explanation was given that presently there are several proceedings at the PUC which affect the
appropriateness of bringing a new electric rate case at this time. Following a discussion about the
issue last week, the Council had directed that the issue be considered during the November 10th
Council meeting. Council Member Gonzales reiterated that the format of the CPL discussion is for
informational purposes and it is not an official rate hearing.
Mayor Neal called for Council concerns and reports.
Dr. Gonzales said there have been complaints about the Animal Control shelter. He said he
would like to accompany the City Manager on a visit to that facility with an eye toward improving
it. Dr. Gonzales also requested ari update on street improvements in the Flour Bluff area. Mr. Crull
explained there was a major street improvement project in that area in 1986, when Waldron Road
received about $7 million in improvements. In addition, there are a number of projects in the Capital
Improvement Planning Guide for major street improvements throughout the city, including Flour
Bluff.
Mr. Crull said staff has sent a number of petition forms to residents in Flour Bluff who would
like to have their neighborhood streets improved. However, the city requires that at least 51% of the
property owners sign the petition and it has been difficult for the Flour Bluff residents to acquire the
necessary number of signatures. In response to Council Member Betty Jean Longoria, Mr. Crull said
the Council can adopt a declaration of necessity and order improvements on any street.
Council Member Martin said that when the Council further reviews the capital improvement
program, they can specifically focus on the number of planned improvements to unpaved streets in
the Flour Bluff area. City Manager Garcia said staff needs the Council's direction on how to
prioritize the capital improvement projects because the number of projects greatly exceeds the
amount of funding available for them. A brief discussion ensued.
Council Member Cooper requested a report about Weed and Seed police officers who were
dispatched to her law office in response to a burglary report. City Manager Garcia said that in
actuality there are no "Weed and Seed officers." He explained that there are people who are
employed in the Weed and Seed program, which funds overtime for regular police officers. He said
the issue is where the specific time was credited for those police officers and to which program. Mr.
Garcia said staff has had contacts with the Department of Justice and the U.S. Attorney who
administers the program, and they generally feel that there is a basic question whether the use of
those officers was improper at all.
Council Member Garcia said he had received a complaint about potholes at 3500 Naples
Street, and he also asked about the facade on the overpasses on South Padre Island Drive. Mr. Crull
explained that the westbound Everhart and Staples intersections were completed several years ago
and they have a different type of construction than is being used currently. Mr. Garcia also reported
Minutes
Regular Council Meeting
October 27, 1998
Page 12
that there are complaints about the air conditioning system at the Harbor Playhouse, and he asked
if roof repairs at the playhouse would be eligible for Community Development Block Grant funding.
Council Member John Longoria asked staff to review the possibility of adding street lighting
to the JFK Causeway; Mr. Crull said they would provide a report.
Council Member Betty Jean Longoria requested a report on improvements to Leopard Street.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 4:43 p.m. on October 27, 1998.
* * * * * * * * * * * * *