HomeMy WebLinkAboutMinutes City Council - 05/11/1999I 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 May 11, 1999, which were approved by
the City Council on May 18, 1999.
WITNESSETH MY HAND AND SEAL, this 18th day of May, 1999.
rmando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 11, 1999
2:06 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Henry Garrett
Council Members:
Javier D. Colmenero
Melody Cooper
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
City Staff:
City Manager David R. Garcia
City Secretary Armando Chapa
Assistant City Secretary Mary Juarez
Assistant City Attorney Alison Gallaway
Assistant City Attorney Lisa Aguilar
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rev. John Roberts, St. John's United Methodist Church,
following which the Pledge of Allegiance to the flag of the United States was led by Council
Member Cooper.
Assistant City Secretary Juarez 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 April 27, 1999. A motion was made
and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to Item 3 on the day's agenda, a resolution honoring Eugene Urban Sr.
Mr. Angel Escobar, Acting Director of Engineering Services, noted that Gene Urban and his
brother, Larry, co-founded Urban Engineering in 1965. Mr. Escobar said Mr. Gene Urban was
instrumental in engineering numerous infrastructure projects and subdivision projects. He said Mr.
Urban had a very progressive outlook toward development in the city and he worked closely with
city staff to solve problems. Mr. Escobar also listed several of Mr. Urban's accomplishments,
including his in-depth involvement in the city's wastewater and water systems.
Mr. Michael Gunning, Acting Director of Planning and Development, referred to a map
which illustrates the 94 residential and commercial subdivisions in the city which Urban Engineering
has planned and constructed. He said Mr. Urban was also involved in many civic activities.
Minutes
Regular Council Meeting
May 11, 1999
Page 2
Mayor Neal read the resolution honoring Mr. Urban, who died on April 11, 1999, at the age
of 68. Council Member Gonzales made a motion to approve the resolution, seconded by Council
Member Scott, and passed unanimously. Mr. Chuck Urban said their family is honored and
appreciative of the staff's outpouring of respect for the work that their father enjoyed doing so much.
3. RESOLUTION NO. 023628
Resolution honoring the life and community service of Eugene C. Urban Sr.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
*************
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
Cable Communications Commission
Hector T. Morales
Coastal Bend Health Facilities
Development Corporation
Erika Escobedo
Clarence Hinnant
C.C. Downtown Management District
Bert Quintanilla
Diane DeCou
Ethics Commission
Garry Bradford (Reappointed)
David Longoria (Reappointed)
Greater Corpus Christi Business Alliance
Steve Woemer
Human Relations Commission
Oscar Hinojosa Sr.
Sandra Terrell -Davis
Water Conservation Advisory Cline.
James Naismith (Reappointed)
Jim Parker (Reappointed)
Ford Patton (Reappointed)
Mickey Garza (Reappointed)
Gene Dressen (Reappointed)
Don King (Reappointed)
Mark Smith (Reappointed)
Pedro Anaya
Fred Homan
Leo Trevino
Michael Womack
Mike Bertuzzi
Allen Shifley
Dr. David McNichols*
Council Member Javier Colmenero*
(*Ex -Officio)
Transportation Advisory Committee
Stewart Sher (Reappointed)
Harold Palmer (Reappointed)
Michael McCain (Reappointed)
(More appointments on the next page)
Minutes
Regular Council Meeting
May 11, 1999
Page 3
Senior Community Services
Ester Oliver (Reappointed)
Edna Cox (Reappointed)
Gloria Farias (Reappointed)
Helene Fennessy (Reappointed)
Gay Nell Harper (Reappointed)
Advisory Committee
Roberto Gonzales (Reappointed)
William Kirshner
Ophilia Gamez
Clarence Hinnant
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Mike Baker, 4641 Gayle Circle, said he has received information that the Park and
Recreation Department is still planning to convert the second floor of the Sidbury House at Heritage
Park into offices. He said this transaction is to take place quietly this summer because the city did
not purchase the RTA building. Mr. Baker said such an action would degrade that tourist attraction.
He added that the Grande -Grossman House's lease is up shortly and he questioned why that house
cannot be considered for office space. In response to Council Member Scott, City Manager Garcia
said there are no plans and there have not been any plans to use the second floor of the Sidbury
House for office space.
Mrs. Pat Suter, 1002 Chamberlain, commended the Park and Recreation Department staff
for their efforts in cleaning up Hans Suter Park. She also thanked Pharaoh Valley, the Bays
Foundation, the Audubon Outdoor Club, and the Bird Club, as well as the Police Department for
sending patrols to the park to monitor illegal activity.
Mr. Phil Rosenstein informed the Council that the Senior Citizens Coed Softball Team will
again be participating in a game at the Astrodome in Houston. He invited the Council members and
public to the team's last few practice sessions. Mr. Rosenstein also announced that the Senior
Orchestra planned at the Capitol Rotunda in Austin, and Sen. Carlos Truan proclaimed the group
Goodwill Ambassadors of Texas.
Mr. George Balli, founder of the Tejano Academy of Fine Arts, briefly described the
organization, which is an outreach program that utilizes the arts to divert young people's time to
positive endeavors. He referred to a building on the comer of Brewster and Mesquite Streets, which
has been used by the Bilingual Theater Company since 1989. He said the building was supposed to
be used by that group on a temporary, non-exclusive basis; however, he said the children in the
Tejano Academy of Fine Arts have been denied use of the building by the occupants. Council
Member Betty Jean Longoria requested a report from staff on the concerns raised by Mr. Balli.
Mr. Cecil Henry, 5118 Cavendish, said he was very angry about a column he read in the May
9, 1999 issue of the Corpus Christi Caller -Times regarding a discussion held at the Council's retreat
last week about the public comment portion of the Council meetings. Mr. Henry commended
Minutes
Regular Council Meeting
May 11, 1999
Page 4
Council Member Cooper for questioning why the public comment portion of the meeting is shown
in a wide-angle shot from the rear of the Chambers. He questioned why the rest of the Council did
not support Ms. Cooper in her stand to speak out for the public in Corpus Christi, adding that the
Council was elected to take care of the public's interests.
Mr. Edward May, 8214 Argonne, said he is a member of the Tejano Academy of Fine Arts.
He also referred to the building on Mesquite which is being used by the Bilingual Theater Company,
reiterating that the Tejano Academy has not been able to use the facility. He said more needs to be
done to help the children in the community. Council Member John Longoria said two issues need
to be addressed by staff in their report on this issue: the ongoing conflict between the two theater
groups, and the actual condition of the building.
Mr. J.E. O'Brien, 4130 Pompano, said the remarks attributed to the City Manager in the May
9th newspaper column about public comments cannot go unchallenged. He said the actions of the
Mayor and Council in not considering a reprimand or outright firing of the City Manager indicate
concurrence with his statements. He said the Council has indicated their support of the upcoming
Nueces County bond proposals, even though many of their constituents are opposed. Mr. O'Brien
also said that during a recent meeting of the Water/Shore Advisory Committee, the staff liaison
refused to respond to committee members' questions regarding the bait stand on the L -Head. Mr.
O'Brien said the voters' actions on the bond election should send a message to City Manager Garcia.
Mr. Scott St. Onge, 6073 Rio Vista, questioned whether children can be restricted from the
areas in local video stores which display "cable -ready" adult videos. Mayor Neal asked what the
city's ordinance states about that issue. City Manager Garcia replied that he does not believe it is
addressed but staff will research it. Mr. St. Onge also referred to an incident in which a person was
playing his car stereo very loudly. The City Manager said the city has a noise ordinance, and Council
Member Gonzales agreed that it is often violated.
Mr. R.F. Hasker, 1813 Wallace, said he assumed the comment made in the newspaper
column about public comments at Council meetings was made by an overzealous reporter rather than
the City Manager Mr. Hasker went on to object to the statements made in the column, asking
whether the members of the public who address the Council are any less citizens than others who
appear during the Council meetings. He also commended Ms. Cooper for raising the issue.
Ms. Cruz Colomo, 6138 Camwood, also said that Ms. Cooper stood up for citizens during
the discussion about public comments. She said the public officials have a duty to listen to the
citizens, who have a right to say what they please.
Mr. Jose Marroquin, 2433 Allencrest, said he was dissatisfied with a comment that was
attributed to the City Manager about citizens who address the Council. He said it is no wonder that
the City Council did not conduct a rate hearing on Central Power and Light when he requested it last
year. He said only one Council member spoke for citizens, who have a right to address the Council.
Minutes
Regular Council Meeting
May 11, 1999
Page 5
*************
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 4-8. Council members requested that Item 7.c. be
withheld for discussion. There were no comments from the audience. Assistant City Secretary Juarez
polled the Council for their votes and the following were passed:
4. M99-125
Motion authorizing the City Manager or his designee to execute a twelve month maintenance
agreement with Hewlett Packard Company in the amount of $29,544.32 for hardware and
operating system maintenance based on sole source.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
5. M99-126
Motion authorizing the City Manager or his designee to execute a construction contract with
J.M. Davidson Inc. of Corpus Christi, Texas in the amount of $18,550 for the O.N. Stevens
Water Treatment Plant clearwell nos. 1 & 2 hatch repairs/replacement - 1999.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
6. M99-127
Motion authorizing the City Manager or his designee to execute a construction contract with
Garrett Construction of Ingleside, Texas in the amount of $28,325 for the Cayo del Oso
Bridge guardrail repair.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
7.a. M99-128
Motion authorizing the City Manager or his designee to execute a shared cost agreement with
the Halaj Properties which will provide $25,246.50 to the City for the reconstruction of curb
and gutter for the 44th Street curb and gutter replacement project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Minutes
Regular Council Meeting
May 11, 1999
Page 6
7.b. ORDINANCE NO. 023629
Ordinance appropriating $25,247 from Halaj Properties shared cost agreement in the No.
3480 Stormwater Capital Improvement Project Fund for the 44th Street curb and gutter
replacement project; amending Ordinance No. 023474, which adopted the FY98-99 capital
budget, to add $25,247 to the stormwater program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting
"Aye."
8. ORDINANCE NO. 023630
Ordinance appropriating $722,296 in passenger facility charges in the No. 4621 Passenger
Facility Charges Fund to reimburse the City for approved passenger facility charges funded
projects, previously paid from airport capital reserves, bonds, interest, and operating funds;
amending the FY 98-99 capital budget, adopted by Ordinance 023474, by adding $722,296
to the airport program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 7.c., 44th Street curb and gutter replacement.
Responding to Council Member Scott, Mr. Escobar said this project consists of 690 linear
feet, which equals $51.02 per linear foot for the improvements (curb and gutter, driveways,
pavement repair, and other subsidiary items). Assistant City Secretary Juarez polled the Council for
their votes as follows:
7.c. M99-129
Motion authorizing the City Manager or his designee to execute a construction contract with
A. Ortiz Construction and Paving, Inc., in the amount of $35,202.50 for the 44th Street curb
and gutter replacement project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Minutes
Regular Council Meeting
May 11, 1999
Page 7
Mayor Neal opened discussion on Item 9, bond sale. He noted that the Council had received
a proposal from Mr. Bill Kopecky about funding options for the repair of Wesley Seale Dam in lieu
of selling the bonds. Mr. Jorge Garza, Assistant City Manager for Administrative Services, said staff
has analyzed Mr. Kopecky's proposal, which he said would require that the Council amend the
payment arrangement that was established about 10 years ago for Choke Canyon. He said currently
there is approximately $28.3 million in the Choke Canyon Fund, and about $3.2 million is
transferred into it each year from the Water Fund.
Mr. Garza went on to say that if Mr. Kopecky's proposal was adopted, it would affect the
amount of interest earned on the Choke Canyon Fund. In addition, it would require that the monies
in the Choke Canyon Fund be replaced when the payments to the Bureau of Reclamation are
resumed. Another issue is that the rating agencies may not look favorably on the city using the
Choke Canyon Fund because they know it was set aside for the city's large debt. He added that this
proposed bond sale involves an interest rate of 4.9% while the Choke Canyon Fund earns 6% to
6.3%. City Manager Garcia said staff's life cycle analysis of Mr. Kopecky's proposal amounted to
$151 million, while the city's proposal totals to $113 million.
Mr. Bill Kopecky, 3609 Topeka, said the interest earnings will have to be discounted
because, as of July 31, 1998, the city has built up a $800,000 obligation to the Internal Revenue
Service for arbitrage payments. He added that while under his proposal the city would lose interest
income, it will gain interest payments on the Wesley Seale Dam. He said in an amended proposal
he made dated May 10, 1999, he addressed the issue of present value, which he explained. He added
that he did not perform a full economic analysis because it would require him to analyze the cost
benefits, and he has not seen a calculation of benefits for the repairs on the Wesley Seale Dam. City
Manager Garcia replied that even if the present value alternatives are calculated, Mr. Kopecky's
proposal has a $3 million present value cost since it is substantially back loaded. Mr. Kopecky said
he has not seen the city's figures, therefore he cannot address that issue.
Mr. Kopecky also stated that when the Choke Canyon Fund was initiated in 1987, it was
anticipated that the Choke Canyon Dam would provide raw water for the foreseeable future.
However, the goal of keeping level payments has been removed with the addition of the debt for the
Mary Rhodes Pipeline, LNRA annual payments, and the LNRA pumping stations. In addition, he
said the utility fund has $125 million invested.
Mr. Jeff Leuschel, McCall, Parkhurst, & Horton, bond counsel to the city, clarified that the
Choke Canyon Escrow Fund is not subject to the rebate provisions of the Internal Revenue
Code—those payments are not derived from a tax-exempt bond issue. With respect to the capital
reserve, the rating agencies require coverage in excess of a one-to-one payment, and reductions of
the city's capital reserve could cause the rating to be reviewed and perhaps lowered. He said there
is a combination of market influences and legal covenants that the city has made that requires it to
have the additional coverage.
Minutes
Regular Council Meeting
May 11, 1999
Page 8
Mr. J.E. O'Brien said he thinks Mr. Kopecky's reasoning and presentation on this issue
deserves consideration by city staff, especially on future issues. He said the city's current debt is
overwhelming and continues to increase, although revenue bonds are not classified as debt.
However, he added, over the coming years the citizens in this community will have to pay $1 billion.
Mr. O'Brien also questioned whether this item should be passed on an emergency basis, and he
referred to a portion of the Preliminary Official Statement with regard to the water rates. Mayor Neal
pointed out that the raw water cost is the same for all customers.
Council Member Garrett asked Mr. Garza if he is convinced that staffs proposal is in the best
interest of the city, and Mr. Garza replied affirmatively. He added that every time the city has a need
for a large amount of funds, staff analyzes whether or not the Choke Canyon reserve can be used.
For example, staff recommended that the reserve be used to pay for the Garwood water rights, but
the City Council did not choose that option. City Manager Garcia added that part of the reason the
city retains financial advisors, bond counsel, and underwriters is to ensure that they explore every
possible financing option.
Mr. Kopecky reiterated that he has not seen the figures referred to by staff, and he said he
does not believe that his proposal would affect the city's bond rating at all. He said if a person whose
primary interest is selling bonds, they will not look favorably on a "pay-as-you-go" program for any
capital improvements.
Council Member Scott asked why this item is being considered as an emergency item. Mr.
Garza replied that this is a negotiated bond sale and the bonds were priced on May 6th and they have
to be closed on May 11th; otherwise, the underwriters will have a major concern about selling the
bonds and in future sales the city may have a problem obtaining underwriters.
Council Member Gonzales said he wanted to be able to compare the city's figures with Mr.
Kopecky's proposal, and he expressed concern about the emergency approval of this item. The City
Manager explained again the way the bond market works with regard to bond sales, which he said
will always be emergency items. Mr. Garcia pointed out that this issue first came to the Council on
January 26, 1999, and staff again reviewed it with the Council on March 91h and April 13th; this is
the final step in the whole process. Mr. Michael Harty, Acting Director of Finance, distributed copies
of the Preliminary Official Statement to the Council.
Mayor Neal said there is a philosophical difference in approaching debt. Mr. Kopecky said
this bond sale also includes a refinancing of the city's commercial paper program. Dr. Gonzales
reemphasized his desire to compare the figures being discussed. In response to Council Member
Colmenero, Mr. Garcia briefly described the issuance costs.
The Mayor suggested that this item be deferred until later in the Council meeting so that staff
would have the opportunity to discuss it with Mr. Kopecky. (See pages 13 & 14 of the minutes.)
Minutes
Regular Council Meeting
May 11, 1999
Page 9
Mayor Neal opened discussion on Item 10, several Weed and Seed grants. He called for
comments from the audience and there none.
Responding to Council Member John Longoria, Mr. Tony Cisneros, Director of Park and
Recreation, said this item involves the monies that were allocated in January 1999, which is actually
the FY 98 monies. He said staff is working with the Department of Justice to reallocate unspent
monies from prior year funding in the program. Mr. Longoria suggested that the Weed and Seed
Committee and the 78415 Committee be combined so that it can be more community-based. He also
suggested that staff consider placing caps on the amount of money that is allocated and reviewing
the timing of the allocations; Mr. Cisneros said they will consider those ideas.
Council Member Betty Jean Longoria asked if the H -E -B Tennis Center would qualify for
any of these grants. Mr. Cisneros replied that these grants are intended for programs and not for
improvements to facilities. He said staff would have to review how the tennis center's demographics
fit into the Weed and Seed requirements.
Assistant City Secretary Juarez polled the Council for their votes as follows:
10.a. M99-130
Motion authorizing the City Manager or his designee to execute an agreement with the Boys
and Girls Club of Corpus Christi to provide $48,420 from the FY98 Weed and Seed Program
to implement a Teen Program with a special emphasis on gang prevention.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
10.b. M99-131
Motion authorizing the City Manager or his designee to execute an agreement with South
Texas Institute for the Arts to provide $20,000 from the FY98 Weed and Seed Program to
implement a Prevention through the Arts program.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
10.c. M99-132
Motion authorizing the City Manager or his designee to execute an agreement with Avance
to provide $30,420 from the FY98 Weed and Seed Program to implement a Fatherhood
Program, Literacy Program, and Early Childhood Development Program.
Minutes
Regular Council Meeting
May 11, 1999
Page 10
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
10.d. M99-133
Motion authorizing the City Manager or his designee to execute an agreement with The
National Conference for Community and Justice to provide $2,423 from the FY98 Weed and
Seed Program to implement an Anytown Leadership Camp.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
10.e. M99-134
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $14,470 from the FY98 Weed and Seed Program to
implement a Northside Basketball program.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
10.f. M99-135
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $18,100 from the FY98 Weed and Seed Program to
implement a Youth Recreation Transportation program.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
10.g. M99-136
Motion authorizing the City Manager or his designee to execute an agreement with the Park
and Recreation Department to provide $15,760 from the FY98 Weed and Seed program to
implement a Fit for Life program.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
10.h. M99-137
Motion authorizing the City Manager or his designee to execute an agreement with the Park
Minutes
Regular Council Meeting
May 11, 1999
Page 11
and Recreation Department to provide $15,725 from the FY98 Weed and Seed Program to
implement a Summer Swim program at Joe Garza Pool.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
***********
Mayor Neal opened discussion on Item 11, air quality research projects. He called for
comments from the audience and there were none. Assistant City Secretary Juarez polled the Council
for their votes as follows:
11.a. M99-138
Motion authorizing the City Manager or his designee to execute a contract amendment with
Texas Natural Resource Conservation Commission increasing the grant for air quality
planning and research from $283,750 to $450,750.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
11.b. ORDINANCE NO. 023634
Ordinance appropriating the additional $167,000 from the Texas Natural Resource
Conservation Commission Rider 17 Funding in the No. 1050 Federal/State Grants Fund for
air quality research and planning.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
11.c. M99-139
Motion authorizing the City Manager or his designee to execute a contract with the Texas
Experimental Engineering Station for Texas A&M University -Kingsville in the amount of
$283,250 for air quality monitoring and modeling projects and development of an emissions
inventory for the Nueces County and San Patricio County areas.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Minutes
Regular Council Meeting
May 11, 1999
Page 12
11.d. M99-140
Motion authorizing the City Manager or his designee to execute a contract amendment with
Texas A&M University -Corpus Christi in the amount of $47,000 for small business
assistance and public education on pollution prevention and air quality in Nueces and San
Patricio Counties.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 12, proposed resale of foreclosed properties. He
called for comments from the audience and there were none. Assistant City Secretary Juarez polled
the Council for their votes as follows:
12. RESOLUTION NO. 023635
Resolution authorizing resale of ninety-seven properties shown on the attached and
incorporated Exhibit A which were foreclosed upon for failure to pay taxes, for a minimum
opening bid amount equal to 25% of the most recent appraised value for properties valued
under $10,000 and 30% of the most recent appraised value for properties valued at $10,000
or higher.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 13, speed limit revisions on Holly Road and
Cimmaron Boulevard. Assistant City Secretary Juarez said there was a mistake on the agenda for
Item 13.c. She said the correct sentence should read "Cimmaron Boulevard from 30 mph to 40 mph
between Yorktown Boulevard to the south end of Cimmaron Boulevard." She said the ordinance
itself is correct. The Mayor called for comments from the audience, and there were none. Ms. Juarez
polled the Council for their votes as follows:
13. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 53, Section 53-254, Schedule V --Increase of
State Speed Limit in Certain Zones by increasing speed limits on sections of Holly Road and
Cimmaron Boulevard as follows: Holly Road from 35 mph to 40 mph, between Everhart
Road and Staples Street; Holly Road from 35 mph to 45 mph, between Staples Street and
Minutes
Regular Council Meeting
May 11, 1999
Page 13
Rodd Field Road; and Cimmaron Boulevard from 30 mph to 40 mph between Yorktown
Boulevard to the south end of Cimmaron Boulevard.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal returned to the discussion regarding the bond sale. A representative of the
underwriters said they could wait a few more hours but the issue would need to be decided that day.
Mr. Kopecky said that early on city staff should have discussed with the Council whether it
was at all feasible to pay cash for the Wesley Seale Dam repairs.
Mayor Neal said he did not mind deferring this issue for a brief time during the meeting, but
if it will not change the proposal he said he was prepared to call for the vote and continue the
philosophical discussion in the future. Dr. Gonzales said it was not a matter of philosophy but of
getting the information before the Council.
Assistant City Secretary Juarez polled the Council for their votes as follows:
9.a. ORDINANCE NO. 023631
Ordinance authorizing the issuance and sale of $47,740,000 City of Corpus Christi, Texas
Utility System Revenue Refunding and Improvement Bonds, Series 1999; ordering other
matters relating to the subject.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
9.b. ORDINANCE NO. 023632
Ordinance appropriating $26,235,000 in Utility System Revenue Refunding and
Improvement Bonds, Series 1999 bond proceeds, in the No. 4083 Utility System 1999
Capital Improvement Project Fund to pay for repairs to Wesley Seale Dam.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
Minutes
Regular Council Meeting
May 11, 1999
Page 14
9.c. ORDINANCE NO. 023633
Ordinance authorizing issuance and sale of City of Corpus Christi, Texas Utility System
Revenue Refunding Bonds, Series 2000.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
Council Member Kinnison said he understands the nature of the bond sale process and the
need for emergency items; however, he said he is concerned when a proposal from someone making
an honest effort is not evaluated properly.
* * * * * * * * * * * * *
Mayor Neal called for the City Manager's report. Mr. Garcia said that during the Council
retreat the members made several suggestions for changes in the structure of the meetings;
specifically in having one meeting per month dedicated to presentations. However, that process will
not begin until June since notices for public hearings have already been sent out for the May
meetings.
Mr. Garcia also said the May 1 8th meeting will begin with a workshop session at noon to
discuss several major items, including status reports of the Council priorities; a general overview of
the budget process; and a report by the Greater Corpus Christi Business Alliance on the results of
their retreat.
Mr. Garcia also noted that the Administrative Analysis Committee needs two more Council
members. Mayor Neal said he wished to appoint Council Members Kinnison and Scott to that
committee. Mr. Garcia said the committee will be meeting May 12th at noon. The City Manager also
announced a planning and zoning seminar that will be held on May 28`h in Richardson, Texas.
The City Manager said that out of the Council retreat came several suggestions that the
Ethics Commission take action in two specific areas: an amendment to the Ethics Ordinance that
deals with the appointment to independent agencies; and a lobbyist registration provision. He noted
that the Council would have to approve both recommendations.
Mayor Neal called for Council concerns and reports.
Council Member John Longoria referred to a memo from the City Manager regarding
increasing the fee on parking tickets. Mr. Garcia said it dealt with a state law allowing municipal
courts to charge a $3 administrative overhead fee on top of existing fines to deal with the
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Regular Council Meeting
May 11, 1999
Page 15
administrative cost of processing traffic tickets. He said several Council members expressed concern
about that issue so he instructed the Director of Municipal Court to bring that item to the Council
for their consideration. Mr. Longoria suggested that staff first bring it to the Council's Municipal
Court Committee or the Administrative Analysis Committee. Mr. Longoria said he also thought
another member was needed on the Municipal Court Committee, and he said there is brush around
Yeager Elementary that still has not been picked up. Mr. Garcia said he will check on the status of
the brush collection in that area.
Council Member Garrett referred to a letter about a young girl who was injured, which he
forwarded to the City Manager.
Council Member Scott distributed information from the City of Lubbock about an alternative
they have implemented for their large debris collection. Mr. Scott also asked for an update on the
litigation involving the construction of City Hall. Mr. Garcia said a closed session discussion item
is scheduled for May 18'.
Mayor Neal recessed the regular Council meeting until 6 p.m.
* * * * * * * * * * * * *
Mayor Neal reconvened the Council meeting for the public hearing on the Community
Development Consolidated Annual Action Plan.
Mr. Tom Utter, Assistant City Manager for Development Services, said the Consolidated
Annual Action Plan consists of the Community Development Block Grant (CDBG) program, the
HOME program, and the Emergency Shelter Grant (ESG) program. He noted that the total funds
available for the FY99 CDBG program is $5,752,078, which consists of the following: FY99 CDBG
allocation -$4,929,000; reprogrammed funds -$73,078; and program income from the Rehabilitation
Program -$750,000. In addition, the FY99 ESG allocation is $175,000; and the FY99 HOME
allocation is $1,789,000.
Mr. Utter noted that the Planning Commission held their public hearing on the Consolidated
Annual Action Plan on March 10, 1999 and they made their recommendations on March 17, 1999.
He said every application for funding received by the city is included in a large binder which was
forwarded to the City Council.
Mr. Utter added that a summary listing of the funding requests (included after these minutes)
gives a brief description of each project and the amounts (if any) recommended by both the staff and
the Planning Commission, with a separate column for the Council's recommendations. Mr. Utter
then introduced Mr. Norbert Hart, Director of Housing and Community Development, and members
of his staff who were present at the Council's public hearing.
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Regular Council Meeting
May 11, 1999
Page 16
Referring to the summary of projects, Mayor Neal then called for public comment from those
opposed to the Planning Commission's and staff's recommendations for funding.
Mr. Abel Alonzo, 1701 Thames, said he believes that funding for ADA compliance should
come from the General Fund rather than the CDBG program, which should be used to fund non-
profit organizations.
Council Member John Longoria spoke favorably about Item 8-CDBG Summer Clean -Up
Program. Mr. Utter noted that Item 14 -Emergency Home Repair program is one of the most utilized
programs.
Ms. Elsa Ciminelli, a senior citizen advocate, referred to Item 25 -New Southside Area Senior
Center. She said that while she would like to see more senior centers opened, their immediate need
is for a new central kitchen to accommodate the more than 1,000 meals a day that are prepared. She
described the inadequate facilities of the existing kitchen.
Responding to Mayor Neal, Mr. Utter briefly described Item 28 -Rehabilitation Loan
Servicing and Delinquent Payment Collection, and Item 31 -Single Family/Commercial
Rehabilitation Loan Program.
Mr. Vic Menard, Chairman of the Park and Recreation Advisory Committee, referred to Item
35 -Youth Sports Complex on State School Property. He said that while this project is a wonderful
concept which he would support in the future, the advisory committee recommended Item 7 -Area
Neighborhood Parks Improvements as their first priority. He said the parks included in this item are
all in CDBG-eligible areas and have many needs.
Mr. Longoria suggested that the Council work off of the "Staff Recommendation" column
when considering funding amounts. There was consensus of the Council to do so. There were no
public comments in opposition to the ESG and HOME funding recommendations.
Mayor Neal then returned to the summary list of CDBG projects and called for public
comment on the items which did not have a recommendation for funding.
Mr. Phil Rosenstein and Mr. Vic Menard referred to Item 24 -New Senior's Central Kitchen
Development, which they said is greatly needed.
Mr. Errol Summerlin, Executive Director of Coastal Bend Legal Services, discussed Item
38, which is that organization's request for funding to rehabilitate their deteriorating main office. He
said they have verification that 100% of their client community is income eligible; they also serve
elderly persons. Mr. Utter said the issue has been whether the organization serves 51% low income
clients from the City of Corpus Christi. He said Mr. Summerlin assured staff that he has the figures
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Regular Council Meeting
May 11, 1999
Page 17
to verify that they meet that requirement.
Ms. Veronica Trevino, Executive Director for Communities in Schools, explained why the
organization requested CDBG funding (Item 39). She said they are proposing a collaborative effort
among Communities in Schools, CCISD, and the Volunteer Center to rehabilitate the Republic
Building located at 3105 Leopard Street in Census Tract 6.
Mr. O.K. Smith, a member of the Board of Directors of the Volunteer Center, said their
clients are largely indigent, including adults and youth. He described how their organization qualifies
for CDBG funds.
Ms. Robin West also addressed Item 39. She said several studies have indicated that there
is a need for collaborative efforts to assist children and families, which this proposal would provide.
Mr. Jack Stine, Executive Director of Corpus Christi Hope House, said that since 1986 Hope
House has provided long-term and short-term shelter for pregnant women with children who are
homeless. He said they are also a 24-hour emergency shelter with a pantry. He said Item 41 consists
of a request to replace leaky roofs and deteriorated windows.
Ms. Anne Dunn, Director of the Council on Alcohol and Drug Abuse -Coastal Bend,
addressed Item 44, their request to purchase a vacant lot adjacent to the main office to establish a
youth activities and learning center. She said they have 22 different programs and they have the only
adolescent outpatient licensed treatment program for indigent children in Corpus Christi.
Ms. Ann Wardle, Executive Director of HIV/AIDS Housing Center (The Passage), discussed
Item 47, their request for funds for phase one of their renovation and expansion project. She said they
provide 24-hour nursing care seven days a week for people who would otherwise not have a place
to go or be cared for.
Mr. Victor De La Cruz, Executive Director of the Housing Authority of Corpus Christi,
referred to Items 48-55. Despite renovations that have been made in the Housing Authority's units,
a year ago a consultant determined that it would cost $80 million to bring the apartments up to
standard. He said this proposal includes curb cuts, renovating elevators, and security fencing.
Responding to Mr. Longoria, Mr. Utter said that Housing Authorities are created by cities
and it is each city's responsibility to appoint the board, which operates the Authority as somewhat
of an autonomous agency. He said there are efforts in Washington, D.C., now to place the Housing
Authority more directly under the city. He added that there is no financial liability other than if the
Housing Authority's actions caused H.U.D. to sanction the city's CDBG funds.
Ms. Lena Coleman, Executive Director of the RC Foundation Inc., said Item 60 is their
request for funding to renovate the old Harlem Theater as a youth learning center; targeted
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Regular Council Meeting
May 11, 1999
Page 18
participants include Boys and Girls Scouts and NAACP youth. Ms. Coleman emphasized the need
for such a center in the middle of the northside, which she said will bring families together and help
youth develop skills for the future. She said she was bewildered that neither staff nor the Planning
Commission recommended funding for the foundation's proposal, and she asked the Council to
consider it.
Mr. Marlon Griffin also addressed Item 60, saying there are many people in the northside
community who are at risk. He said the proposed learning center will assist them.
Rev. William Pullam, Pastor of St. John First Baptist Church, said he supports the RC
Foundation's plans to renovate the old theater.
Mr. Benjamin Mostafa said he is the former owner of the old Harlem Theater. He said he had
several offers from people to purchase the building for use as a bar or nightclub, but instead he
donated it to the RC Foundation for use as a learning center. He said the center will help reduce the
crime rate in that area.
Mr. Bob Allen described how as a younger person he was given an opportunity to straighten
out his life. He said the proposed learning center under Item 60 can help other people as well.
Mr. Al Hoelscher, owner of H&H Construction in Sinton, said he became involved with the
RC Foundation after reading about Mr. Terry Mills' efforts to build the center. He said it is easy to
forget the existence of the northside and the members of that community need a place to congregate
and learn. He said many people are willing to donate their time and money to the project.
Mr. Terry Mills referred to blueprints of the proposed center, which he said can help address
the problems of youth crime, teenage pregnancy and other problems. He said the center will include
a library, computer lab, certified GED instructors, and minor medical services.
Mr. Errol Summerlin encouraged the Council to fund the RC Foundation's proposal, saying
that some street projects can be delayed to do so.
Mr. Homero Villarreal, a newspaper editor, said his newspaper has been studying the
development of the RC Foundation and their project. He said it would provide many services for the
multi-ethnic community there.
Ms. Lily White discussed Item 61 -Tract 16 Neighborhood Council, which is a request for
new construction and renovations to their present facility. She said they serve low-income citizens,
including youth and senior citizens.
Responding to Council Member Betty Jean Longoria, Mr. Utter reviewed the CDBG projects
that have been funded on the northside (census tracts 4 and 5) since 1990, including T.C. Ayers
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Regular Council Meeting
May 11, 1999
Page 19
Recreation Center, Oveal Williams Senior Center, and the Brooks Chapel Early Childhood
Development Center. Ms. Coleman expressed concern about why the projects on the northside were
highlighted and not the projects in the other areas of the city. Mrs. Longoria said that a
comprehensive plan for the northside is being developed and that concerns have been raised about
the condition of the old Harlem Theater, specifically a petition that has been submitted by residents
who do not want it renovated.
Sister Patrick Bruen, Director of Catholic Social Services, addressed Item 1 of the ESG
program. She said she was disappointed that they were not recommended for funding of their
homeless prevention project, which provides to citizens their first month's rent, security deposits,
and payments to prevent foreclosures.
Mr. Errol Summerlin of Coastal Bend Legal Services said Item 2 of ESG would provide
funds for essential services and homeless prevention by emphasizing community legal education.
He emphasized that ESG funds can be applied toward homeless prevention.
Ms. Ann Wardle, of HIV/AIDS Housing Center, asked the Council to consider their requests
for both HOME and ESG funding. She said their ESG request is for renovations to the facility,
essential services, homeless prevention, and operation and maintenance.
Rev. Ed Seeger, Director of Metro Ministries, noted that the organization was the brainchild
of the Mayor and City Council in the early 1980s in order to address the problem of homelessness.
He also described the many programs operated by Metro Ministries and how the funds are used.
Ms. Shirley Esparza, Residential Coordinator of the Women's Shelter (Item 10 of the ESG
Program), said they serve 65 women and children at one time in a safe environment. She said they
also provide their clients with resources for self-sufficiency.
Mr. Michael Keith, Outreach Advocate Coordinator for the Women's Shelter, said the ESG
funds help women get out of abusive situations.
Referring to the RC Foundation's project, Mr. Al Hoelscher said H&H Construction has
engineers on staff who have donated their time to see that the reconditioning of the building will
meet city codes and standards. Responding to Council Member Garrett, Mr. Hoelscher said the
building is 12,000 square feet.
A woman said the RC Foundation project is worthwhile and will bring people of all ethnic
origins together. She said there is a church in Sinton that is waiting to volunteer their time to the
project.
Mr. Longoria made a motion to close the public hearing, seconded by Mr. Kinnison, and
passed. Mayor Neal then called for Council comments and consideration of funding proposals.
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Regular Council Meeting
May 11, 1999
Page 20
Regarding Item 62 -West Oso ISD, Mr. Longoria verified with Mr. Utter that $500,000 has
been set aside for the permanent construction of a health facility there. He proposed taking the
recommended funding for Item 62 in the amount of $143,876 and disbursing it as follows: $30,000
to Item 36 -Zavala Senior Center/Joe Garza Site Beautification; $40,000 to Item 44 -Council on
Alcohol and Drug Abuse; and $73,876 to Item 56 -International Westside Pony League. He said he
would like the Park and Recreation Director to oversee the allocation of the funds for Item 56.
Mrs. Longoria asked about Item 24 -Senior's Central Kitchen. Mr. Utter said staff supports
taking the funding of $78,000 from Item 25 -Southside Area Senior Center and placing it in Item 24
since the senior citizen groups have said the kitchen is their first priority. Mr. Utter said staff requests
that some of the funding be used to determine where to locate the new kitchen.
Mrs. Longoria also referred to Item 34-T.C. Ayers Multi -Purpose Court and Site
Improvements. Mr. Cisneros said that a temporary asphalt overlay will be provided so the facility
can be used during the summer and a permanent concrete surfacing is planned for the entire area.
Mr. Colmenero asked if there were any other funding sources for ADA compliance. Mr. Utter
said the only other source is the General Fund, which means that some other projects would not be
able to be funded. He noted that all of the city's new facilities are ADA compliant and these projects
involve retrofitting older facilities. Mr. Utter also described the administrative fees associated with
the programs.
Referring to the ESG Program, Dr. Gonzales proposed taking $5,000 each from Item 5 -Metro
Ministries, Item 6 -Dos Mundos Day School, and Item 7 -Gulf Coast Council of La Raza, and adding
that $15,000 to Item 10 -Women's Shelter.
Mr. Scott suggested that instead of taking the $5,000 from Metro Ministries that it be taken
from Item 9 -Salvation Army. He also agreed with Mr. Menard's suggestion about taking the
$300,000 for Item 35 -Youth Sports Complex and applying it to Item 7 -Area Neighborhood Parks
Improvements. Mr. Utter also discussed conditional elements of the Youth Sports Complex and Item
30 -Sidewalk Improvements.
Mr. Kinnison questioned Item 23 -Minority Business Opportunity Committee. Mr. Utter said
the Council's CDBG guidelines apply to applicant agencies outside the city; however, MBOC is a
city -operated activity. He added that the current MBOC program has been very successful. Mr.
Kinnison said he feels it is significant that the federal funding for MBOC has ended, and he feels
their application should reflect more results and plans for the coming year.
Mr. Garrett referred to Item 37 -Boys & Girls Club, and he asked if the youth athletic areas
are currently air conditioned; Mr. Utter said they are not. Mr. Garrett suggested taking $20,000 each
from Item 37, Item 40-C.C. Arts Foundation, and Item 45 -Fighting to Rid Gangs in America
Foundation and putting it into Item 60 -RC Foundation. Mr. Longoria said there are concerns and
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Regular Council Meeting
May 11, 1999
Page 21
problems associated with the old Harlem Theater. Mr. Utter said the building was judged by the
city's Code Enforcement Department to be substandard and the former owner was notified last year.
He said the building was then transferred to the RC Foundation in November, and the case is
scheduled to go before the Building Standards Board at the end of May. In addition, the Texas
Historical Commission has said the building is potentially eligible for historic designation, which
complicates matters in terms of using public funds for demolition.
Mr. Garrett said he would withdraw his funding proposal until some questions can be
answered about the foundation's building; Ms. Cooper also expressed concern about the condition
of that facility. Mr. Garrett said they tried unsuccessfully to accomplish a similar project with the old
Tower Theater. Ms. Coleman replied that they have a builder who is committed to ensuring that the
building will meet city codes. Mr. Hoelscher added that he believes the facility can be rehabilitated.
A brief discussion ensued.
Mr. Colmenero proposed the following: taking $22,000 from Item 3 -ADA Compliance and
breaking it down to $12,000 for Item 23-MBOC, and $10,000 for Item 36-Zavala/Joe Garza. A brief
discussion followed about Item 5 -ADA Upgrade to City Hall Restrooms and Item 3.
Mayor Neal said he would like to find some money for Item 60 -RC Foundation. Mr.
Longoria pointed out that the City Council's policy states that they would not make any capital
grants without sufficient evidence of financial capacity of the agency to operate the program. Dr.
Gonzales said it would not be feasible to just "throw" money at that project since it is so large; he
said he would rather wait until the comprehensive plan for that area is completed. Mrs. Longoria said
she agreed with Dr. Gonzales and she is concerned about the petition that was submitted by the
residents about not wanting the building to be renovated. She added that she wanted to continue
working with the RC Foundation on this project.
Mayor Neal then went through each item for which the Council members had made proposals
so they could tentatively adopt them.
Mr. Colmenero made a motion, seconded by Mrs. Longoria, to take $22,000 from Item 3 and
give $12,000 to Item 23 and $10,000 to Item 36; the motion passed unanimously.
Mr. Scott made a motion, seconded by Ms. Cooper, to move the $78,000 from Item 25 to
Item 24; the motion passed unanimously.
Mr. Longoria made a motion, seconded by Mrs. Longoria, to place the following condition
on Item 35: If the city does not receive the award of $500,000 from the Texas Park and Wildlife
Department outdoor recreation grant, Items 7 and 30 will be funded equally for $150,000, and that
conditional funding for Items 13 and 21 be deleted. The motion passed unanimously.
Mr. Longoria also made the following motion, seconded by Mr. Kinnison: taking $143,876
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Regular Council Meeting
May 11, 1999
Page 22
from Item 62 and disbursing it as follows: $30,000 to Item 36, $40,000 to Item 44, and $73,876 to
Item 56. The motion passed unanimously.
Regarding Item 60, Ms. Coleman said she did not want to take funding away from the other
organizations and she is committed to working with others to achieve their goal.
Mayor Neal then referred to the ESG Program. Mr. Longoria made a motion, seconded by
Ms. Cooper, to take $5,000 each from Items 5, 6, and 7, and of that $15,000 to give $5,000 to Item
1 -Catholic Social Services and $10,000 to Item 10 -Women's Shelter. The motion passed
unanimously. The Mayor noted that there were no changes to the recommendations for the HOME
Program funding.
Mr. Longoria then made a motion, seconded by Mr. Scott, to approve the funding
recommendations as stated by the Council. The motion passed unanimously. Mr. Longoria also
suggested that the Council review their CDBG policy. Mayor Neal said a new five-year plan will
need to be adopted.
(Formal ratification by the City Council of the FY99 Consolidated Annual Action Plan is
scheduled for the May 18, 1999 meeting. The list of projects and approved funding amounts is
included as part of these minutes.)
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Neal declared the Council
meeting adjourned at 8:50 p.m. on May 11, 1999.
* * * * * * * * * * * * *