HomeMy WebLinkAboutMinutes City Council - 11/17/1998I 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 November 17, 1998, which were approved
by the City Council on November 24, 1998.
WITNESSETH MY HAND AND SEAL, this 24th day of November, 1998.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 17, 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
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. E.F. Bennett (retired), following which the Pledge of
Allegiance to the flag of the United States was led by Council Member Martin.
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 joint and regular Council meetings of November 10, 1998. A motion
was made and passed to approve the minutes as presented.
*************
Mayor Neal called for petitions from the audience.
Mr. Phil Rosenstein spoke about the rules of decorum in the Council Chambers, saying that
they also state the rules are not meant to restrain a citizen's First Amendment rights. Mr. Rosenstein
referred to a memo in the City Manager's transmittal written by Mr. Carl Crull, Assistant City
Manager for Public Works and Utilities. In his memo, Mr. Crull said that a recent article in the Flour
Bluff Sun regarding "pink" water was unprofessional and irresponsible. Mr. Rosenstein said Mr.
Crull violated the code of ethics because he accused the newspaper of being irresponsible. He said
it was unethical for Council Member Martin to vote to appoint Mr. Ken Berry to the Port
Commission. Mr. Rosenstein said the word "accuse" should be taken out of the rules of decorum.
Mayor Neal said the Council has been extremely patient with Mr. Rosenstein and others who
have come before the Council and used the public comment portion as an opportunity to voice their
opinions, which he said they have the right to do. The Mayor said that after a while, those who serve
Minutes
Regular Council Meeting
November 17, 1998
Page 2
as elected officials grow tired of some people continuing to find fault with everything the Council
does. He said he was not going to tell Mr. Rosenstein that he cannot address the Council, but Mr.
Rosenstein was referring to an issue (Mr. Crull's memo) that did not occur during the Council
meeting and therefore did not pertain to the rules of decorum in the Council Chambers.
Mr. Rosenstein continued to assert that Mr. Crull violated the code of ethics through his
memo. Mayor Neal gaveled Mr. Rosenstein out of order. Mr. Rosenstein said he had the right to
address the Council anytime he wished. Mayor Neal asked the police officer on duty to remove Mr.
Rosenstein from the Council Chambers.
The Mayor called for a 10 -minute recess.
*Council Member Cooper arrived at 2:10 p.m.
Mr. J.E. O'Brien, 4130 Pompano, said public confidence in elected officials is something to
be desired. He said he hoped that a Council member would question city staff about the Lake Texana
pumping station problems. He said an open discussion informs the public and prevents stories from
getting out of hand.
City Manager Garcia said there was a memo in the Manager's transmittal about issues that
arose during the acceptance testing of the Mary Rhodes Memorial Pipeline. The memo explained
that the Lake Texana pump station experienced some cavitation during testing under severe loads,
and the manufacturers and the contractors are exploring the best way to correct that. He said he will
keep the Council apprised of the progress.
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 2-12. City Secretary Chapa noted that Item 10 was
withdrawn by staff. Council members requested that Items 2, 3, 4, 5, and 6 be withheld for
discussion. There were no comments from the audience. Mr. Chapa polled the Council for their votes
and the following were passed:
7.a. M98-387
Motion authorizing the City Manager or his designee to execute Attachment No. 01 to
Contract No. 7460005741-00 with the Texas Department of Health in the amount of $87,979
for tuberculosis prevention and control and expanded outreach services.
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
November 17, 1998
Page 3
7.b. ORDINANCE NO. 023480
Ordinance appropriating a grant from the Texas Department of Health in the amount of
$87,979 in the No. 162 Federal/State Grant Fund -Health Department for tuberculosis
prevention and control and expanded outreach services.
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."
8.a. M98-388
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $529,118 and execute a contract with the Coastal Bend Council of Governments -Area
Agency on Aging for the Elderly Nutrition Program.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
8.b. ORDINANCE NO. 023481
Ordinance appropriating a $529,118 grant from the Coastal Bend Council of Governments -
Area Agency on Aging in the No. 162 Federal/State Grants fund for the Elderly Nutrition
Program.
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."
9.a. M98-389
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $4,375 and execute a contract with the Texas Department on Aging through the
Corporation for National and Community Service for the Senior Companion Program.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
9.b. ORDINANCE NO. 023482
Ordinance appropriating a $4,375 grant from the Texas Department on Aging through the
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Regular Council Meeting
November 17, 1998
Page 4
Corporation for National and Community Service for the Senior Companion Program in the
No. 162 Federal/State Grants fund.
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."
9.c. M98-390
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $15,548 and execute a contract with the Texas Department on Aging through the
Corporation for National and Community Service for the Retired and Senior Volunteer
Program.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye."
9.d. ORDINANCE NO. 023483
Ordinance appropriating a $15,548 grant from the Texas Department on Aging through the
Corporation for National and Community Service for the Retired and Senior Volunteer
Program in the No. 162 Federal/State Grants fund.
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."
10.a. WITHDRAWN
the City's Art Subgraz,t prugtai.r, ainenelit g the FY 98 99 budget adopted by Ordinancc No.
023387, to -hien -as,- approp.:ations by $3,832 s, th., No. 114 IIutcl OEetrpai.ey Tax Fund.
10.b. WITHDRAWN
O.eliiaue., trai,sfeiring $5,000 from the No. 114 IIotcl O.,eul,m.ey Tax Fund -to th., No. 111
Peimanei,t Art Trust Fund for -public art.
Minutes
Regular Council Meeting
November 17, 1998
Page 5
10.c. WITHDRAWN
$22,764 .lith thc IImbe. Playhou.,c ftr. support of 0..1 1999 s,a.,.,'r
10.d. WITHDRAWN
Metier' authorizing the City-Manageror his do.gi'cc to execute a eohtfact .n the amount of
$21,572 with thc Corpus Christi Sy'apliony for supped of fuel' pet f„"..a..eLs,lu.i..g
1999 s.,asen.
11. ORDINANCE NO. 023484
Ordinance authorizing the City Manager or his designee to execute a 6 -month lease with a
6 -month option to renew with Elizabeth Citko to operate a food service concession in the
City Hall kitchen facilities in consideration of Citko paying 11/2 % of gross receipts per
month.
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."
12. ORDINANCE NO. 023485
Ordinance closing and abandoning a 53.63 -square foot portion of a 15 -foot wide utility
easement out of Lot 34, Block 2, Sun Valley Estates Subdivision, subject to compliance with
the specified conditions and the owners, Emile M. Newchurch and Daphne L. Newchurch,
replatting the property within 180 days at their expense.
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."
*
* * * * * * * * * * *
Mayor Neal opened discussion on Item 2, purchase of one crawler tractor and one landfill
compactor.
Council Member Garcia asked about the difference in the two bids for the crawler tractor.
City Manager Garcia noted that the total purchase price of that equipment is approximately $400,000
and the variation comes to about 10% of the purchase price.
Minutes
Regular Council Meeting
November 17, 1998
Page 6
Council Member Martin asked if the city had considered buying used equipment for an
application such as this. Mr. F.D. Glenn, Purchasing Agent, said they had not, adding that the landfill
is a harsh environment for heavy equipment.
Mr. Andy Leal, Director of Solid Waste Services, said the crawler tractor to be purchased
is slightly smaller than the equipment previously purchased. He noted that three pieces of heavy
equipment at the landfill, which are about six years old and have over 10,000 hours of use, are
experiencing transmission, engine and track problems. He said staff can explore the idea of
purchasing used equipment, but they would need to ensure that the equipment will last at the landfill.
Mr. Martin questioned why there was only one bid for the compactor. Mr. Glenn replied that
of the three companies that met the specifications, Rex Manufacturing does not offer the required
five-year full maintenance program on the equipment, and Holt Company of Texas chose not to bid.
In reply to other questions from Council members, Mr. Glenn and Mr. Leal further explained
the maintenance program and the possible use of refurbished equipment. City Manager Garcia said
the city tries to get the best value for the dollar when purchasing its equipment, which is used every
day in adverse conditions. He said staff can investigate whether the dynamics of the used equipment
market are changing and if there is high-quality used equipment available. He offered to delay Items
2 and 3 to give staff time to provide that information. Council members said Item 3 (purchase of
police patrol sedans) did not need to be delayed.
Following additional discussion, Mr. Leal urged the Council to approve the purchase of the
landfill equipment because full compaction is not being achieved at the landfill. He also explained
that where possible, staff refurbishes the equipment to try to extend its useful life. He said future
equipment needs can be considered for purchase as refurbished items. Mr. Leal further discussed the
maintenance agreements and the harsh environment to which the equipment is subjected.
Mr. Martin suggested that staff consider placing used equipment --even if it is equipment the
city has used in another department --into operation at the landfill until the equipment is no longer
usable. He also proposed that staff think about bidding the equipment without the maintenance
agreement. Mr. Glenn said a program would have to be set up to review and evaluate the equipment.
City Secretary Chapa polled the Council for their votes as follows:
2. FAILED
Motion apprevm.g th., pu.el.asc of ei,e erawlei 'Lac -tor -and et,e-lai d€th1 .cinpa"teraitd a 5
Wast, Set vices apartment and is budgctLd it. fin., 1998-99 budget as-IeasJpu.ehus.,.
Minutes
Regular Council Meeting
November 17, 1998
Page 7
Carpus Ch.: ti, TX
Cra.al.,. Tante.
$418,056
Total of Award3. $1,052,572
Ottumwa, IA
Landfill Ceiut,...,t.,.
$634,516
The foregoing motion failed to pass by the following vote: Cooper, Garcia, B. Longoria, J.
Longoria voting "Aye"; Colmenero, Gonzales, Martin, McNichols, and Neal voting "No."
Responding to Mayor Neal, Mr. Glenn said both bids are firm for acceptance for a 90 -day
period. Mr. Martin said if the City Manager and staff review the item based on the Council's
comments and come back next week with the same recommendation, he will vote for it. He said he
did not feel that staff was acknowledging other options for purchasing the equipment.
City Manager Garcia pointed out that he had offered to delay this item one week to allow
staff to bring the Council more information. He said the city only has about $1 million to purchase
equipment for the maintenance of the landfill and the choices are to buy the equipment
recommended or to buy alternative equipment. A discussion ensued about the schedule of purchasing
the equipment.
In reply to Mr. Martin, Mr. Leal said the compactor is more critical. Mr. Martin said he was
not questioning the compactor except that it only had one bid. Mayor Neal instructed City Manager
Garcia to place both items on next week's agenda along with a report.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 3, police patrol sedans.
In response to Council Member McNichols, City Attorney Bray said the city has
indemnification requirements in a number of agreements and generally the city tries to have one that
is most favorable to the municipality. He said this particular one requires the supplier to indemnify
the city for third -party liability that arises out of a defect in the vehicle. Mr. Bray explained that one
of the bidders struck that requirement from their bid and, since it was a material part of the bid, the
second lowest bidder was the only qualified bidder at that point.
Council Member Martin asked Mr. Bray to send him a copy of that indemnification
agreement. He also questioned whether the city asks them to indemnify the city for its negligence,
and Mr. Bray said the city did not require it for this bid, although there are some contracts where
they have done that. Mr. Bray went on to explain that the city had a stronger indemnification
provision previously which some bidders expressed concern about. He said the current provision is
the result of discussions that were held about the issue.
Minutes
Regular Council Meeting
November 17, 1998
Page 8
City Secretary Chapa polled the Council for their votes as follows:
3. M98-383
Motion approving the purchase of 59 police patrol sedans and 12 intermediate sedans in
accordance with Bid Invitation No. BI -0023-99 from Padre Ford, Corpus Christi, TX, based
on low bid for police sedans and low bid meeting specifications for intermediate sedans.
Total expenditure is $1,383,060. The sedans are budgeted in the 1998-99 Capital Outlay.
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 4, underground petroleum storage tank removal.
Council Member McNichols said he has been asked why the city is spending money on the
underground storage tanks and whether it is an unfunded state mandate. Mr. Crull said that if the
tanks were leaking, the city could receive assistance through the underground storage tank fund of
the Texas Natural Resource Conservation Commission. However, since the tanks are not leaking the
city is required to either remove them from under the ground or cathodically protect them by
December 22, 1998. City Secretary Chapa polled the Council for their votes as follows:
4. M98-384
Motion authorizing the City Manager or his designee to execute a construction contract with
Eagle Construction and Environmental Services, Inc. in the amount of $17,367 to remove
four (4) underground petroleum storage tanks at Fire Station Nos. 2, 3 and 15 located at
13421 Up River Road, 1401 Morgan Avenue and 14202 Commodore Drive on Padre Island.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B.
Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 5, cathodic protection for underground tanks.
Council Member Garcia questioned the December 22nd deadline. Mr. Crull said there are
provisions in the contract to complete the work by the deadline. City Secretary Chapa polled the
Council for their votes as follows:
Minutes
Regular Council Meeting
November 17, 1998
Page 9
5. M98-385
Motion authorizing the City Manager or his designee to execute a construction contract with
National Environmental Service Co., in the amount of $21,200 to install cathodic protection
on seven (7) steel underground petroleum storage tanks.
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 discussion on Item 6, Law Enforcement Block Grants program.
In response to Council Member Colmenero, City Manager Garcia said the proposed spending
plan in this item includes the purchase of 10 non -police package vehicles that will be used as
unmarked units by detectives, investigators, and administrative personnel. He said those vehicles do
not require the same kind of equipment as the police package sedans in Item 3. Mr. Crull further
explained specific aspects of the police packages in the vehicles, which are used throughout the
country.
Mayor Neal asked about the notation in the agenda material that prior to the obligation of any
funds received, the city must establish an advisory board to review the application and make non-
binding recommendations. He asked if the Crime Control and Prevention District Board could serve
as that advisory board. Assistant Police Chief Bung said the Police Department establishes the
advisory board, which is separate from the Crime Control Board. He said there are some specific
requirements for the make up of the advisory board, and Mayor Neal asked staff to bring back
recommendations for that board. City Secretary Chapa polled the Council for their votes as follows:
6. M98-386
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$716,217 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding
eligible under the Local Law Enforcement Block Grants Program and to execute all related
documents.
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 the following zoning case:
Minutes
Regular Council Meeting
November 17, 1998
Page 10
13. Case No. 998-5, Rick's Detailing: A change of zoning from a "B-4" General Business
District to an "I-2" Light Industrial District on Lexington Subdivision, Block 2, Lots 2 and
3-A, located on the east side of Ayers Street, approximately 100 feet south of Johanna Street.
(Tabled on November 10, 1998)
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-4" General Business District, and in lieu thereof, approval of a special permit for an auto body
and paint shop, subject to a site plan and two (2) conditions. No one appeared in opposition to the
zoning change. A motion was made and seconded to close the public hearing, and it passed.
Council Member Garcia said he agreed with the proposed changes in the zoning case.
Council Member Martin asked if staff had inspected the applicant's business since last week, and
Mr. Michael Gunning, Acting Director of Planning and Development, said they had not. Mr. Martin
asked if the applicant was performing body work on cars at this time in violation of the code. Mr.
Gunning said in previous years he had noted that some minor body and paint work had been
performed and the business was inspected but no violations were cited.
Mr. Martin also wondered whether cars are now being illegally parked in front of the
business in preparation for body and paint work, despite concerns raised by the Council last week
(before the item was tabled). Mr. Crull said detailing is allowed in the zoning district. Mr. Gunning
said he will work with the Code Enforcement Department to ensure that they conduct follow-up
inspections on the subject property.
Mr. Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023486
Amending the Zoning Ordinance upon application by Rick's Detailing, by granting a Special
Permit for an auto body and paint shop subject to a site plan and two (2) conditions on Lot
3A and a 0.468 acre out of Lot 2, Block 2, Lexington Subdivision; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing for penalties.
An emergency was declared and the foregoing ordinance passed by the following vote:
Colmenero, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal
voting "Aye"; Martin voting "No."
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
Minutes
Regular Council Meeting
November 17, 1998
Page 11
14. Case No. 1098-1. Jerry Hunsaker: A change of zoning from an "AB" Professional Office
District to a `B-1" Neighborhood Business District on Osage Addition, Block 2, Lots 6A and
6B, located on the northwest corner of Lamont Street and Everhart Road.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-1" District. No one appeared in opposition to the zoning change. Council Member McNichols
made a motion to close the public hearing, seconded by Council Member Garcia, and passed. Mr.
Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023487
Amending the Zoning Ordinance upon application by Jerry Hunsaker, by changing the
zoning map in reference to Lots 6A and 6B, Block 2, Osage Addition, from "AB"
Professional Office District to `B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
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."
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
15. Case No. 1098-3. Dan Caballero: A change of zoning from an "F -R" Farm -Rural District to
a `B-4" General Business District on Nueces River Irrigation Park, being the east 5.0 acres
out of the east one-half of Lot 2, located on the south side of F.M. 624, approximately 1,000
feet west of County Road 69.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"B-4" District on the north 1.94 acres of the subject property and denial of the `B-4" District on the
south 2.9 acres. No one appeared in opposition to the zoning change. Council Member Garcia made
a motion to close the public hearing, seconded by Council Member McNichols, and passed.
Responding to Council Member McNichols, Mr. Gunning said the applicant's original
request was for "B-4" zoning on the entire 5 -acre tract. The adjoining wider tract to the east is also
zoned "B-4" and it is partially developed with mini -storage units and batting cages. He said staff is
looking at eventually identifying a collector or arterial street system that will parallel FM 624. Mr.
Gunning further explained that staff believes it will be difficult for the owner to develop the entire
tract for "B-4" uses since it is only 150 feet wide. Also, the south end of the subject property abuts
"F -R" zoned property which could develop as large -tract, single-family uses.
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Regular Council Meeting
November 17, 1998
Page 12
Council Member Martin said that when reviewing whether to rezone the subject property to
"B-4," the City Council and the Planning Commission have to consider the most onerous `B-4" use
that can be placed there. He said that under the existing "F -R" zoning, the applicant can operate a
plant nursery but he cannot have retail sales. Mr. Martin questioned whether it would be better to
retain the "F -R" zoning and grant a special permit. Mr. Gunning replied that staff believes the `B-4"
use along the frontage of FM 624 is appropriate and has already been established at certain points.
In response to Council Member Garcia, Mr. Gunning said a screening fence will be required
along the west and south property lines before the certificate of occupancy is issued. Mr. Chapa
polled the Council for their votes as follows:
15. ORDINANCE NO. 023488
Amending the Zoning Ordinance upon application by Dan Caballero, by changing the zoning
map in reference to the north 1.94 acres of the east 5.0 acres out of the east one-half of Lot
2, Nueces River Irrigation Park, from "F -R" Farm -Rural District to "B-4" General Business
District; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
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."
* * * * * * * * * * * * *
Mayor Neal said there has been a request to table Item 16 to January 26, 1999. Council
Member Garcia made a motion to table it as stated, seconded by Council Member Colmenero.
Council Member Martin asked if there would be a cost to republish the public hearing notice
in the newspaper. Mr. Gunning said the notice would not have to be republished since the Council
would be tabling the zoning case to a specific date. Mr. Martin said he understood that there are
legitimate reasons to table a zoning case (the applicant is out of town, etc.), but he questioned
whether people are setting the public hearing schedules themselves.
Mr. Gunning said this case is controversial in that the applicant moved a manufactured home
onto the property and is using it as a dormitory for the company's crews. The company was cited
for being in violation of the zoning regulations and they applied for a rezoning to "I-2" Light
Industrial District in order to legitimize the manufactured home use. He said staff's recommendation
will be to deny the rezoning request. Mr. Martin pointed out that the applicant was able to delay
action on this case for two more months.
Minutes
Regular Council Meeting
November 17, 1998
Page 13
Mr. Chapa began polling the Council on the motion to table Item 16. A question arose prior
to the conclusion of the vote, and Mr. Gunning pointed out that the applicant had submitted a request
that this zoning case be tabled to January 26, 1999, and the surrounding property owners were not
notified. However, the public hearing notice had already been published in the newspaper;
consequently, the case had to be placed on the agenda for the November 17th Council meeting.
Mr. Chapa again polled the Council on the motion to table Item 16 to January 26, 1999. The
motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria,
Martin, McNichols, and Neal voting "Aye"; Cooper absent.
16. TABLED
Casc No. 1098 4, Wilsei, Entei iiscs. 13 4 Geue,al Business District to 1-2 Light Industrial
District.
************
*
Mayor Neal opened discussion on Item 17, historic Nueces County Courthouse needs
assessment.
Mrs. Glenda Kane, Chairperson of the Historic Nueces County Courthouse Ad Hoc
Committee, commended city staff for performing due diligence on behalf of the committee. She
noted that the committee unanimously selected the firm of Killis Almond and Associates for
consideration by the Council.
Council Member McNichols said he wants to ensure that the structural assessment of the
historic Nueces County Courthouse is objective and unbiased. City Manager Garcia said much effort
went into the selection of the design team, including a tremendous amount of scrutiny since this is
a very controversial project. He noted that there are people who think the building is an asset to the
community and should be preserved at any cost, and there are those who think it is an eyesore and
should be demolished.
The City Manager went on to say that part of this process is to objectively assess what are
the real options. Mr. Garcia said the structural engineer is one of the key persons on the assessment
team; consequently, staff provided additional information about Mr. Per Schneider, P.E., with WSC
Inc. -Structural Engineers. He said they feel Mr. Schneider is a qualified structural engineer with an
extensive amount of experience both in historical restoration projects and conventional engineering
projects.
Council Member Martin asked if the Texas Historical Commission was in favor of this
recommendation. Mrs. Kane said it was in favor and Mr. Stanley Graves, a member of the state
Minutes
Regular Council Meeting
November 17, 1998
Page 14
commission, served on the city's Ad Hoc Committee and was present during the interview phase of
the consultant selection process. Council Member Garcia thanked the committee members for their
efforts. He also commented on the committee's efforts to select an unbiased team and he noted that
the study will include an estimate for demolition and removal of the old courthouse.
Mayor Neal called for additional comments from the audience.
Mr. Leon Perez, 904 Buford, questioned what qualifies the old courthouse as a historical
building.
City Secretary Chapa polled the Council for their votes as follows:
17. M98-391
Motion ratifying the selection of the firm of Killis Almond and Associates, Inc., by the
Historic Nueces County Courthouse Ad Hoc Committee, and authorizing the City Manager
or his designee to enter into negotiations for architectural and engineering services for the
Historic Nueces County Courthouse Needs Assessment and Restoration Study.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols voting "No."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 18, appointment of an art selection panel for the Janet
F. Harte Public Library. He called for comments from the audience, and there were none. City
Secretary Chapa polled the Council for their votes as follows:
18. M98-392
Motion authorizing the appointment of an ad hoc art selection panel to the Arts and Cultural
Commission for the purpose of selecting artwork for the Janet F. Harte Public Library.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
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Mayor Neal opened discussion on Item 19, reallocation of capital project funds. He called
for comments from the audience, and there were none. City Secretary Chapa polled the Council for
their votes as follows:
Minutes
Regular Council Meeting
November 17, 1998
Page 15
19. M98-393
Motion reallocating prior year capital project funds designated for the outlet mall ramp
reversal and utility extension projects to the McArdle Road improvements and from the
outlet mall utility extension to utility capital projects reserves.
The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, Gonzales,
B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
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Mayor Neal opened discussion on Item 20, interlocal agreement with CCISD for EMS
training. He called for comments from the audience, and there were none. City Secretary Chapa
polled the Council for their votes as follows:
20. RESOLUTION NO. 023489
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with Corpus Christi Independent School District (CCISD) allowing CCISD students to train
on EMS ambulances.
The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia,
Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent.
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Mayor Neal announced the closed session, pursuant to Texas Government Code Section
551.071, regarding In the Matter of Arbitration Between Ricardo Mungaray and the City of Corpus
Christi, American Arbitration No. AAA 70 390 00106 97.
The Council went into closed session.
The Council returned from closed session.
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**
Mayor Neal called for the City Manager's report; Mr. Garcia said he had no report. The
Mayor then called for Council concerns and reports.
Council Member McNichols distributed information about options for raising the JFK
Causeway. He explained that recently a meeting was held about the project which was attended by
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Regular Council Meeting
November 17, 1998
Page 16
a member of the Texas Transportation Commission. Dr. McNichols said one of the issues that arose
was the need for a consensus recommendation by the region in their attempt to obtain state funding
for the causeway project. He pointed out during the causeway meeting that a consensus opinion had
been reached in 1995.
Reading from the handout, Dr. McNichols said one of the study team's findings and
recommendations was that, based on a multi -disciplinary analysis, Alternative #4 should be pursued
as a conceptual project for causeway modification. The study said Alternative #4 provides the best
cost/benefit approach to improving safety and environmental factors. (Alternative #4 proposed to
construct 5,000 feet of bridges, raise the rest of the roadway to 9 feet, keep the Gulf Intracoastal
Waterway Bridge in the same condition, and remove the Humble Channel Bridge.)
Dr. McNichols said the study recommended that with Alternative #4 as a conceptual guide,
the next phase of the project should be an environmental assessment and construction engineering.
He said that during September and October 1995, the following entities supported recommending
Alternative #4: Corpus Christi City Council, Nueces County Commissioners Court, MPO Technical
Committee, and MPO Policy Committee. He said Alternative #4 would cost $33.4 million and,
based on what city officials have been told, that would require about $15 million in local funding.
Dr. McNichols said the study included another alternative (#3) that was less expensive but
not agreed upon by all the entities involved in 1995 (it included fewer bridges and thereby allowed
for less flow of water). Consequently, Dr. McNichols said, the issue needs to be reopened for further
discussion in order to reach a consensus, or the policy makers can decide that the objective of the
causeway project is public safety and they may recommend the lesser alternative in order to obtain
the funding from the state, along with the local funding requirement.
Council Member Martin said he had asked the Transportation Commissioner how much local
funding would be required for the causeway project, and the Commissioner replied that they have
seen many projects in the 30% range. Mr. Martin said he would like to hold him to that amount. Dr.
McNichols said he was told by TXDOT that the local amount would have to be 40% of the total. Mr.
Martin emphasized the importance of satisfying the state's safety criteria for the project in order to
make it viable, while at the same time remaining cognizant of the funding that would be required.
Mr. Crull said one of the frameworks of the 1995 study conducted by Shiner, Moseley &
Associates was that there was very little discussion about how the funding would be obtained. Now
that the region has been informed it will have to provide some local funding, the project must be
approached from a different perspective. He said he agreed with Dr. McNichols that if they are going
to make a different recommendation from the consensus recommendation of Alternative #4, they
need to go back and rebuild the consensus.
Mayor Neal pointed out that the Metropolitan Planning Organization (MPO), of which he
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Regular Council Meeting
November 17, 1998
Page 17
is a member, is holding a series of public hearings around the city. He attended the hearing held
November 16th at the Regional Transportation Authority, which was also attended by several people
from Padre Island. The Mayor said priority two funds of $4 million are available for the JFK
Causeway project, along with about $2.5 million that had already been committed.
Mayor Neal said he raised the question about Alternative #3 and he was told that there was
concern about the roadway not being able to hold the fill as well as concern about the water flow.
The Mayor said he talked about using large culverts to move the water. He suggested at the hearing
that TXDOT bring a recommendation for the project and they can begin to address it.
City Manager Garcia asked if staff should schedule a presentation for the Council on the
causeway options and make a recommendation; there was a consensus of the Council to do so. A
brief discussion ensued about the Transportation Commissioner's remarks about a possible toll road.
Council Member Garcia said he had received numerous calls and letters from people living
in the Hunt subdivision and on Long Meadow Drive about the issue of a light at the intersection of
Long Meadow and Saratoga. He noted that he was in the hospital when the Council considered the
issue on October 13, 1998 and ultimately tabled it. He asked if there was a way to bring that item
back. City Secretary Chapa explained that the Council's action was to table the item to an indefinite
date, which in essence killed the item. City Manager Garcia said staff received Council direction on
that item and they will follow that direction until the Council takes some other action.
City Manager Garcia announced that a delegation will be traveling to Washington, D.C.,
November 18-20 to support the joint application for the empowerment zone. Council Member
Gonzales said he and Council Members Betty Jean Longoria, Garcia, and Colmenero would be part
of the delegation.
Mrs. Longoria expressed concern about the MPO funding for FM 624. City Manager Garcia
said the MPO funding is programmed over the next several years for specific projects. He said some
of the suggestions the state has made for funding the causeway project involve reprogramming those
funds. Mr. Garcia acknowledged that there is concern about that and they will have to review the
situation. Mrs. Longoria noted that FM 624 is very important to people living in the northwest area,
and a brief discussion ensued. She announced that another MPO public hearing will be held on
November 23rd at Calallen Middle School.
Mr. Colmenero thanked City Manager Garcia for accompanying him to Fort Worth Street
to address a problem about speeding in that area.
Mr. Longoria referred to a memo about the Harbor Playhouse roof and the city's lease
agreement with that organization City Manager Garcia said the lease provides that in exchange for
the Harbor Playhouse's use of the city -owned building, they are responsible for maintaining it. He
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Regular Council Meeting
November 17, 1998
Page 18
said they have negotiated an agreement with the Harbor Playhouse which calls for the repair of the
roof, which will cost $3,500. Mayor Neal said there was a similar situation in the past with the Art
Museum of South Texas.
Mr. Martin said if people are not aware, there is considerable excitement and support for the
IceRays professional hockey team, which is an asset to the community.
Mr. Martin then referred to the comments made earlier in the meeting by Mr. Rosenstein and
those made by Mr. Neal Trolinger during last week's Council meeting. Mr. Martin said that while
the Council members have to get used to people making false statements, when other people are
brought in, the situation gets serious.
Mr. Martin said that City Secretary Chapa has never solicited funds on his behalf for his
campaign or, to his knowledge, for anybody else's campaign. Mr. Martin also said that Mr. Cefe
Valenzuela has worked hard on many of his campaigns but he has never solicited funds from a city
employee. In addition, Mr. Martin said he has never taken or been offered campaign funds by any
city employee, particularly not Mr. Dennis Trevino. Mr. Martin said Mr. Trolinger stepped over the
line when he involved some people who are not public officials, and he said he has pledged to those
people whatever resources he can put behind them to pursue those matters.
With regard to Mr. Rosenstein's ethics issue, Mr. Martin said there was an ethics complaint
filed against him by 11 or 12 individuals. The Ethics Commission had a preliminary hearing on the
issue and they unanimously agreed that there was no merit and they refused to set any further
hearings on the matter. Mr. Martin said he will be pursuing with them the recourse of having the
complainants pay the legal fees and expenses for an invalid, no -finding complaint.
Mr. Martin expressed concern that there were no citizens present at the Council meeting at
that time, and he wondered if having the public comment portion at the beginning of the Council
meeting was a forum that the Council is providing through television. He said he thought the Council
needs to assess the structure of the agenda and make some decisions about whether they should
return the public comment portion to a point on the agenda after they have dealt with the business
of the public.
Mr. Longoria said he supported Mr. Martin on his suggestion regarding the public comment
section. Dr. Gonzales said whether or not the public comments are moved to another time in the
meeting, those individuals who want to abuse the system will continue to do so. He said if someone
has a complaint against one of the Council members on an issue not related to the agenda, there is
a process and forum for that. Dr. Gonzales said the Council meeting is not the place for those
individuals to make disparaging remarks about the Council or the staff without giving them a chance
to defend themselves.
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Regular Council Meeting
November 17, 1998
Page 19
Dr. Gonzales noted that the Council meetings air on the government access channel three
times per week, and people such as Mr. Chapa and Mr. Valenzuela have no way to defend
themselves unless they hire an attorney to fight frivolous, malicious comments made by others. He
said the way to deal with that is when individuals begin making such comments, they should be
gaveled out of order and told there was another forum in which they can make their comments.
Mayor Neal said he did that at this Council meeting. He added that the Council can look at the
timing of the public comment portion of the Council meetings.
There being no further business to come before the Council, Mayor Neal declared the
Council meeting adjourned at 4:52 p.m. on November 17, 1998.
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