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HomeMy WebLinkAboutMinutes City Council - 05/27/1997I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Council Meeting of the City of Corpus Christi of May 27, 1997, which were approved by the City Council on June 10, 1997. WITNESSETH MY HAND AND SEAL, this 10th day of June, 1997 oft Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 27, 1997 2 p.m. PRESENT Mayor Loyd Neal Council Members: Jaime L. Capelo Jr. Melody Cooper Alex L. Garcia Jr. Arnold Gonzales John Longoria Dr. David McNichols Edward Martin ABSENT Mayor Pro Tem Betty Jean Longoria City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Assistant City Attorney Alison Gallaway Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Mateo Rendon Jr., Primera Iglesia Bautista, following which the Pledge of Allegiance to the flag of the United States was led by Council Member John Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of May 20, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Phil Rosenstein referred to a presentation given last week by Mr. Gerald Vaughn, Chairman of the Subcommittee on Desalination of the Regional Water Supply Task Force. Mr. Rosenstein said that Mr. Vaughn's position with Central Power and Light created a conflict of interest with his involvement on the desalination subcommittee. He said CPL could profit by supplying power for a desalination plant. Mayor Neal replied that one of the reasons that Texas A&M University -Corpus Christi (TAMU-CC) and the Texas A&M University System were asked to study desalination was precisely to provide impartiality. Mr. Neal said that Mr. Vaughn has been a member of the water task force for some time and he could not believe that Mr. Vaughn would Minutes Regular Council Meeting May 27, 1997 Page 2 allow there to be a conflict of interest. Mr. R.J. Herschbach, 4650 Hakel, said the City Charter provides that the Mayor is the Chief Executive of the city, and as such he cannot participate in legislative matters. He said the Council has been doing that in violation of the Charter. In addition, he said that during last week's closed session, the fire fighters' contract was discussed, and he said that all deliberations pertaining to collective bargaining shall be open to the public. He added that under the Texas Constitution, the city cannot grant retroactive pay. Mayor Neal asked if Mr. Herschbach was an attorney, and he said he was not, but at one time he was a fire fighter. The Mayor said they would provide an answer to Mr. Herschbach's concerns. * * * * * * * * * * * * * Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Airport Advisory Committee Jackie Rowling (Reappointed) Abel Alonzo (Reappointed) Liana Gonzales Commission on Children & Youth Idalia Gutierrez (Advisory) Transportation Advisory Committee Walter DeVille (Reappointed) Clif Moss (Reappointed) Ray Mims (Reappointed) Stanley Bauman (NAS Security Officer) Orlando Noyola * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, a presentation regarding the Downtown Management District (DMD). Ms. Norma Urban, DMD President, explained that the DMD consists of about 100 downtown property owners who tax themselves to pay for projects and services in the area bounded by Shoreline to the east, Lower Broadway to the west, IH -37 to the north, and Kinney Street to the south. She said the DMD's mission is to act as a catalyst to strengthen the downtown economic base through marketing, maintenance, and security. Ms. Urban described some of the downtown projects that have been completed and others that are underway, including the study and reconstruction of the downtown wastewater system; banner program, adopt -a -lot program; sidewalk cleaning project; Gateway Project; "Dazzle Downtown" (pedestrian lighting project); downtown housing task force; landscaping; parking and dumpster solutions; and an ambassadorship program. Ms. Urban added that the DMD has been successful through the cooperation of several entities: the city, state, federal government, and local businesses. Minutes Regular Council Meeting May 27, 1997 Page 3 Council Member John Longoria commended Ms. Urban and the DMD members. Ms. Urban recognized Mr. Buzz Maxwell and Dr. Miguel Pro, downtown property owners. City Manager Hennings said the next presentation would be given by Police Chief Alvarez concerning Police Department staffing He noted that the Chief had made a proposal to expand the force by 10 officers in next year's budget, and to do so, increased recruitment would be needed in preparation for the Police Academy which begins in January 1998. Chief Alvarez said that to increase the department's recruitment efforts, 10 police officers were designated and trained in recruitment techniques. They have already addressed military personnel at NAS Corpus Christi and plan to do the same at Naval Station Ingleside. In addition, on May 31, 1997, the Police Department will host a recruitment seminar for the community and officers will travel to several Texas cities to recruit officer candidates. He said he plans to hire the regular 20 officers to keep up with attrition and he will hire an additional 10 if his proposal is approved by the Council. Council Member Cooper said she supported the Chief's recruitment efforts. Responding to Council Member John Longoria, Chief Alvarez further described the application and selection process. Council Member Gonzales thanked the Chief for taking the Council members on a tour of the Police Station earlier that day, and for information he provided about how the Police Department is dealing with the gang problem. Council Member Martin asked for a further report on the police recruiting efforts, including advertisements in other cities. He also asked if Chief Alvarez had considered establishing a cadet program. The Chief replied that he thought such a program was a good idea and staff was still investigating it. Responding to another question from Mr. Martin, Chief Alvarez said that the department still loses officers even after they have completed the academy. Mr. Martin said that for that reason, the Chief may considering "overhiring" officers to ensure that there is an increase in the force. Mr. Martin also suggested that staff review the recruiting and hiring process. Council Member Garcia recommended that staff determine why people have left or declined employment in the Police Department after they have been trained. And he asked staff to continue researching the feasibility of a non -emergency telephone number to report gang activity. Mr. Longoria requested more information on the idea of holding police officers accountable for lowering the city's crime rate. Council Member Cooper noted that the California courts had upheld a ruling that outlawed Minutes Regular Council Meeting May 27, 1997 Page 4 certain associations of gang members, and she asked if a similar regulation could be applied in Corpus Christi. Chief Alvarez said they were very close to implementing such a regulation. Mayor Neal suggested that the Police Department actively recruit at Ft. Hood. The last key issues presentation for the day was given by Ms. Paige Dinn, Chairperson of the Commission on Children and Youth. She pointed out that the commission's action plan identified four critical areas: child maltreatment; juvenile crime and delinquency; lack of educational attainment; and the need to effectively develop, manage and analyze information and programs. She said that to meet the need for parenting education, Ms. Paula Rosenstein, a commission member, secured a grant from the Children's Trust Fund which will enable the commission to train more parenting educators prior to the end of August. Ms. Dinn also discussed other programs that are in the planning stage or underway, including a program to help teens remove unwanted gang tattoos to increase their employability; the Greater Corpus Christi Business Alliance's mentoring network; expansion of the Truancy Impact Reduction Program (TRIP); and a partnership between the city's Park and Recreation Department and Corpus Christi Independent School District to provide activities in the middle schools after classes are dismissed. Mr. Garcia suggested that Ms. Dinn meet with the parents of a particular juvenile offender concerning the gang issue. Mrs. Cooper expressed concern about the manageability of the different efforts to address youth issues and the time involved to do that. Ms. Dinn replied that several groups will begin meeting in June, although several steps have already been taken. Mr. Longoria concurred with Mrs. Cooper's comments, saying that he had experienced a similar problem with the TECAP program which lost momentum. Ms. Dinn said one advantage the commission has is the support of the City Council and the Nueces County Commissioners Court, as well as many citizens interested in helping. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, summer meal program expansion. Mr. Malcolm Matthews, Director of Park and Recreation, noted that the Council had approved last month appropriation of a grant from the Texas Department of Human Services (DHS) for the summer food service program at 16 summer recreation sites. He said the Boys and Girls Club did not receive a DHS grant for a meal program this year, which would have impacted other agencies which contract with the Boys and Girls Club. In addition, the Park and Recreation Department received a request from Communities in Schools to provide meals at their two summer program sites Minutes Regular Council Meeting May 27, 1997 Page 5 during the summer. Mr. Matthews said that has resulted in the addition of seven new summer meal program sites, which requires the city's contract with DHS be amended. Council Member Longoria thanked Mr. Matthews and city staff for acting quickly to ensure that the youth at those sites will receive meals this summer. Responding to Council Member Garcia, Mr. Matthews said that the city hires temporary employees to work during the 2 -hour lunch shifts at the sites, and the sites indemnify the city against liability. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5.a. ORDINANCE NO. 022935 Ordinance appropriating $70,816 from the Texas Department of Human Services in the No. 162 State and Federal Grants Fund to expand the Summer Food Service Program to include youth at various local agencies which sponsor Summer Youth Recreation Programs. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. 5.b. ORDINANCE NO. 022936 Ordinance authorizing the City Manager or his designee to execute agreements with the Neighborhood Centers of Corpus Christi, Inc. at Molina, Boys and Girls Club of Corpus Christi, Boys and Girls Club of Corpus Christi -La Armada Branch, Gulf Coast Council of La Raza, Communities in Schools and the Clif Maus Village to provide Summer Food Services to these agencies for the period June 2, 1997 through July 25, 1997. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, Community Youth Development program contract. City Manager Hennings explained the four proposals under this item which pertain to the Community Youth Development program (known as the 78415 program in Corpus Christi). He Minutes Regular Council Meeting May 27, 1997 Page 6 noted that the program is administered by the Texas Department of Protective and Regulatory Services (TDPRS) and the local Workforce Development Corporation (WDC) has been the local fiscal agent for the program; however, the WDC is terminating its role as fiscal agent as of May 31, 1997. Consequently, the WDC, TDPRS and the local steering committee from the neighborhood have asked the city to act as fiscal agent beginning June 1st. Mayor Neal asked how the program's administrative costs were determined. He noted that according to the budget projections, about $8,144 is left to pay for administration by the fiscal agent through the end of the state fiscal year (August 31, 1997). Ms. Debbie Seeger, WDC Executive Director, explained that the WDC's coordinator of this program was paid for out of the Fiscal Agent - Program Services line item (of which there is a balance of about $10,717). Mr. Tom Utter, Assistant City Manager for Development Services, stated that there would be enough administrative funds for an additional accountant in the city's Finance Department for the remaining three-month period. Responding to another question from the Mayor, Mr. Utter said that the funds that are not expended from this fiscal year's allocation can be rolled over to the next fiscal year beginning September 1, 1997, as long as the Texas Legislature approves the contract for an additional 12 months. Mayor Neal asked why some of the line items still contained a substantial amount of money left unspent. Ms. Seeger said that was due to a number of reasons, including the fact that the WDC was supposed to begin administering the programs in April 1996 but they did not have contracts executed from the state until August 1996. In reply to Council Member Martin, Mr. Hennings said that ultimate approval of the program plan lies with the state agency, and they have been very heavy-handed in the administration of the program thus far. A discussion ensued regarding the city's role in the administration of the program if it were to become the fiscal agent. Mr. Hennings added, in response to Mayor Neal, that as the fiscal agent the city would have the responsibility of monitoring the program to ensure that the subcontracts with the service providers are carried out. Responding to Council Member John Longoria, Mr. Hennings said the city could make amendments to the contract with regard to the remaining funds through August 31st. A discussion ensued regarding the procedure for appointments to the ad hoc steering committee, and Mr. Longoria suggested that Item 6.d. be postponed until a later date. Council Member Cooper asked about the city's liability as the fiscal agent for both past and future actions. Mr. Utter said the Workforce Development Corporation would be responsible for actions that occurred prior to May 31, 1997, and actions from June 1 -August 31, 1997 would be the Minutes Regular Council Meeting May 27, 1997 Page 7 city' s responsibility if the proposal is approved. He added that employees in the Park and Recreation, Housing and Community Development, and Finance departments would act together to coordinate the program (i.e., monitoring, reviewing requests for reimbursement, and processing reimbursements). He further explained how the city would monitor the programs. Council Member Garcia asked what would happen if the Council did not authorize the city to act as the program's fiscal agent. Mr. Hennings said the program would stop until the TDPRS could work out another arrangement. He added that $500,000 is included in the Legislature's appropriation bill to continue the program during the state's next fiscal year. Ms. Valerie Shurbet, Chairperson for the Community Youth Development Program Steering Committee, noted that the committee members had met with some city officials and were planning an orientation for the members to better understand the city's processes. She added that the time element was critical and she emphasized that the committee did not want the program to stop because it serves children. Responding to a question from Mr. Garcia, Ms. Shurbet explained that the committee has been working on a plan of action with Mr. Matthews, Park and Recreation Director, and she has also contacted Ms. Dinn with the Commission on Children and Youth. Council Member Capelo said he has been working with the committee and key city staff regarding this proposal since earlier in May when staff became aware of the WDC's decision to terminate its role as fiscal agent. He said it was his understanding that the current steering committee would become an ad hoc advisory committee of the city and they would make recommendations to the Council for the Council's approval; Mr. Hennings and Ms. Shurbet agreed. A discussed ensued regarding the committee's intention to work with the Council and city staff regarding the administration of the program for the next three months and for the following fiscal year. In reply to Council Member Gonzales, Ms. Shurbet said the state requires that at least 50% of the members live in the 78415 area; in addition, the state requires at least one young person be a member (although they have tried to maintain three young people). She added that it has been very beneficial to have educators who work in the 78415 area but are not residents there as members of the committee. Mrs. Cooper emphasized the importance of the Council having the authority to approve or disapprove the projects recommended by the committee for the next fiscal year. Mr. Hennings pointed out that whatever "package" of projects is finally approved by the Council would need to receive ultimate approval by the state agency before it can be implemented. Mr. Longoria made a motion to table Item 6.d., a resolution establishing the ad hoc Minutes Regular Council Meeting May 27, 1997 Page 8 committee. Mr. Hennings pointed out that Item 6 a (transfer agreement with WDC) would have to be amended to delete a reference to the steering committee in that contract. Mr. Garcia seconded the motion to table Item 6.d. City Secretary Chapa polled the Council for their vote on the motion to table, and it passed as follows: Capelo, Cooper, Garcia, Gonzales, J. Longoria, McNichols, and Neal voting "Aye"; Martin voting "No"; B. Longoria absent. Mr. Gonzales made a motion to amend Item 6.a. to delete paragraph 9 in the transfer agreement referring to the steering committee; the motion was seconded. Mr. Martin said he did not object to tabling Item 6.d., but he pointed out that, in effect, the city would become the fiscal agent for a program that has no advisory committee, even though one is required in the contract. Mr. Hennings said the steering committee's current status is that it is not appointed by either the WDC or the state agency, but rather it is self-appointed by members of committees in the neighborhood. Mr. Utter said that following negotiations with the state, it was proposed that the steering committee would become a city board and that any new members would be residents of the 78415 area appointed by the City Council upon recommendation by the committee. A discussion ensued regarding the appointment of the members. City Attorney Bray made the following suggestion to amend Section 1 in the resolution under Item 6.d., to change the date from August 31, 1998 to August 31, 1997, and add the words "whose members shall serve at the pleasure of the City Council consistent with state guidelines." Mr. Longoria made a motion to remove Item 6.d. off the table, seconded by Mr. Garcia; the motion passed. A motion was made and seconded to amend Item 6.d. as stated by Mr. Bray. Mayor Neal called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, said he understood the importance of the proposed program, but he said there were still many questions associated with it and the Council was having to make a quick decision. Mayor Neal called for a voice vote on the motion to amend Item 6.d. as previously stated, and the motion passed. Mayor Neal called for additional comments from the audience. Ms. Veronica Trevino, Executive Director of Communities in Schools, urged the Council to remember the subcontractors as they administer this program. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting May 27, 1997 Page 9 6.a. M97-129 Motion authorizing the City Manager or his designee to execute a Transfer Agreement with the Workforce Development Corporation pertaining to the Community Youth Development Contract with the Texas Department of Protective and Regulatory Services for the 78415 Grant. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. 6.b. ORDINANCE NO. 022937 Ordinance authorizing the City Manager or his designee to execute an amended Contract with the Texas Department of Protective and Regulatory Services for the Grant pertaining to the Community Youth Development Program Contract for the 78415 zip code area of Corpus Christi; authorizing the appropriation of the remaining fund balance of the fiscal year 1996-1997 Community Youth Development Grant, estimated as $530,000, for the June 1, 1997 through August 31, 1997 time period received from the Texas Department of Protective and Regulatory Services in the No. 162 Federal/State Grants Fund for the Community Youth Development Program. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. 6.c. M97-130 Motion authorizing the City Manager to execute amended subcontracts with Corpus Christi Teen Court, Communities in Schools and the Corpus Christi Independent School District for the 78415 Grant pertaining to the Community Youth Development Contract in order to adapt it to the requirements for subcontracts by a governmental entity and adjust the program goals and outcomes as necessary. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. 6.d. RESOLUTION NO. 022938 Resolution establishing the Community Youth Development Steering Committee as an ad hoc advisory committee of the City of Corpus Christi and appointing the present members of such committee to the newly established City committee. Minutes Regular Council Meeting May 27, 1997 Page 10 The foregoing resolution passed, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. ************* Mayor Neal opened discussion on Item 7, drug trafficking grant award. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7.a. M97-131 Motion authorizing the City Manager or his designee to accept a grant in the amount of $50,460 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High -Intensity Drug Trafficking Area. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales and B. Longoria absent. 7.b. ORDINANCE NO. 022939 Ordinance appropriating a grant of $50,460 from the Executive Office of the President, Office of National Drug Control Policy, in the No. 162 Federal/State Grants Fund for use by the Corpus Christi Police Department to support its role in the Texas Coastal Corridor Initiative in the Houston High -Intensity Drug Trafficking Area Initiative. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, hockey league lease agreement. City Manager Hennings pointed out that in the lease agreement for the use of Memorial Coliseum, certain organizations will continue to hold their events in the coliseum. He added that the city is assured that this proposal will not lose money for the city. Responding to questions from Council Member McNichols, Mr. Utter explained that the city would distribute requests for proposals for a lease/purchase on the equipment, and the hockey team Minutes Regular Council Meeting May 27, 1997 Page 11 would be responsible for making payments to the city equal to the amortization of that equipment. He added that the city would be guaranteed not to lose money if the hockey league venture proved to be unsuccessful. Mr. Utter said that Austin, Waco, El Paso, Amarillo, and Albuquerque are some of the other cities in the Western Professional Hockey League (WPHL). Council Member Martin said he thought this was an exciting venture for Corpus Christi for many reasons. Mr. Brad Treliving, Vice President and Director of Hockey Operations for the WPHL, thanked several people for their assistance in bringing the league to Corpus Christi. He gave a brief history of the league, and he described the benefits of having not only a professional hockey team playing here, but also other uses of the ice rink in the coliseum (public ice skating, youth and adult hockey leagues, etc.). Mr. Hennings said the coliseum concessionaire has a beer and wine license and the types of beverages to be sold there are under his control. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien, 4130 Pompano, questioned the lease/purchase of the equipment as well as how water consumption would be measured since, he said, hockey is a water -intensive sport. Mr. O'Brien also commented on a hockey team that went defunct in San Antonio. Referring to Mr. O'Brien's comments, Mr. Hennings said the city can measure the amount of electricity needed to operate the equipment to freeze the ice (although water is a relatively minor part of the expense). He pointed out that there were two hockey teams competing for the market in San Antonio, which is not the case here. He added that the city is being held harmless in this agreement, and other events will continue to be held in the coliseum. Council Member Garcia asked if other events could be held at the coliseum; Mr. Hennings said the city has the right to rent the coliseum on vacant days. Mr. Alex Harris, President of the Greater Corpus Christi Business Alliance, commended Mr. Amando Soto of the Alliance and Mr. Utter for their work with this proposal. He added that it will benefit tourism in Corpus Christi. Responding to Dr. McNichols, Mr. Utter said staff expects a seating capacity of about 3,200 for ice hockey. Dr. McNichols pointed out that the league's attendance projections range from 2,700 to 3,000 fans per game. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting May 27, 1997 Page 12 8. FIRST READING ORDINANCE Authorizing the City Manager to execute the Lease Agreement wherein the City of Corpus Christi leases to Southern Hockey Management, Inc., a portion of the Memorial Coliseum for five years, with an option for an additional five years; for an annual rental, indexed, less rentals from other tenants, of $153,824; for concession fees, indexed, of $106,093; and other consideration, for the purpose of conducting professional ice hockey games and related activities. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, and Neal voting "Aye"; McNichols voting "No"; B. Longoria absent. ************* Mayor Neal opened discussion on Item 9, two public art projects. Mr. Matthews showed pictures of the proposed art projects at the Corpus Christi Gymnasium/Natatorium, which he described. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M97-132 Motion authorizing the City Manager or his designee to enter into agreements with artist Ed Gates of Aloe Tile to provide public art for the Corpus Christi Gymnasium/Natatorium ($8,500) and the Zavala Senior Center ($7,500). The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, asbestos abatement project at the airport terminal. City Manager Hennings said that last week he had requested additional time to investigate some allegations concerning this project, and he found no basis to change his recommendation. Council Member McNichols discussed the bidding process on this item. Mr. Hennings said that on the bid form, the city asks the contractor to provide the same numbers, both in written form Minutes Regular Council Meeting May 27, 1997 Page 13 and in figures, for the unit prices; the total bid is only given in figures. He said that over the years there have been a few instances of a discrepancy between the amount in words and the amount in figures, and the amount written in words has superseded the amount in figures. Mr. Hennings said that in this case, there was a clear mistake and the bidder's intention was clear, although the current form invites such mistakes. Consequently, in the future the bid forms will be changed to only require the amount in figures. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10.a. ORDINANCE NO. 022940 Ordinance appropriating $162,000 from the Unappropriated Fund Balance in the No. 246 Airport Passenger Facility Charge (PFC) Fund for asbestos abatement at the Corpus Christi International Airport Terminal Building. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and B. Longoria absent. 10.b. M97-133 Motion authorizing the City Manager or his designee to execute a contract in the amount of $140,856 with Asbestos and Demolition Contracting (A&DC) of Corpus Christi, Texas for the Corpus Christi International Airport Terminal Renovation Asbestos Abatement project. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, J. Longoria, Martin, and Neal voting "Aye"; McNichols voting "No"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal deviated from the day's agenda and opened discussion on Item 12, speed limit increases on Holly Road. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 022942 Amending the Code of Ordinances, Chapter 53 - Traffic, Article VIII, Schedules, Section 53- 254, Schedule V -- Increase in State Speed Limit in Certain Zones by increasing speed limits Minutes Regular Council Meeting May 27, 1997 Page 14 on Holly Road on the following street sections: from 35 MPH to 40 MPH between a point 500 feet west of Carroll Lane and a point 500 feet west of Kostoryz Road; and from 35 MPH to 45 MPH between a point 500 feet west of Kostoryz Road and Ayers Street. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. * ************ Mayor Neal called for a five-minute recess. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 13. Case No. 497-5. Sam Bradley. Realtor: A change of zoning from an "R -1B" One -family Dwelling District to an "A -1A" Apartment House District on Don Patricio Addition, Block A, Lots 18 through 21 and 32 through 35 and the southwest five (5) feet of Lot 36, located on the west side of Waldron Road, approximately 250 feet north of Division Road. City Secretary Chapa said the Planning Commission and staff recommended approval. 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 unanimously (B. Longoria absent). City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022943 Amending the Zoning Ordinance upon application by Sam Bradley, Realtor, by changing the zoning map in reference to Don Patricio Addition, Block A, Lots 18 through 21 and 32 through 35 and the southwest five (5) feet of Lot 36 from "R -1B" One -Family Dwelling District to "A -1A" Apartment House District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. * *********** * Minutes Regular Council Meeting May 27, 1997 Page 15 Mayor Neal opened the public hearing on the following zoning case: 14. Case No. 497-6, Curtis S. Hills: A change of zoning from an "R -1B" One -family Dwelling District to a "B-4" General Business District on Lexington Subdivision, Block 1, the south 40 feet of the north 120 feet of Lot 32, located north of Johanna Street, approximately 800 feet west of Richter Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a Special Council Permit for a parking lot associated with the adjacent auto sales use, subject to three (3) conditions. Council Member Martin discussed the need for long-term planning in this area. Mr. Brandol Harvey, Director of Planning and Development, said staff is investigating a number of zoning ordinance changes that will provide more mitigating tools, as well as possibly creating new zoning districts. 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 unanimously (B. Longoria absent). City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022944 Amending the Zoning Ordinance upon application by Curtis S. Hills, by granting a Special Council Permit for a parking lot associated with the adjacent auto sales use, subject to three (3) conditions, on Lexington Subdivision, Block 1, south 40 feet of the north 120 feet of Lot 32, providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, storm water quality management program. City Manager Hennings reviewed the history of legislation with regard to this issue. Ms. Valerie Gray, Storm Water Superintendent, described the benefits of adopting the storm water quality management ordinance: improving the quality of storm water runoff; maintaining the effectiveness of the existing drainage system; providing standardized construction site management; Minutes Regular Council Meeting May 27, 1997 Page 16 and allowing the city to promote better storm water drainage planning. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, summarized the Environmental Protection Agency (EPA) requirements that are presently in effect, including the storm water pollution prevention plan. Responding to Council Member Martin, Mr. Hennings noted that the city has already received an extension of its deadline, and the EPA required adoption of a guidance document and ordinance before June 1, 1997. Mr. Martin also asked about the proposal to require drip irrigation systems, and Mr. Hennings said he would bring that to the Council in the future. Council Member McNichols expressed concern about the detail contained in the ordinance. Mr. Hennings then went through the ordinance page by page and described the proposed changes, including suggestions made by developers. Mr. Hennings also responded to Council members' questions concerning various aspects of the ordinance. Mayor Neal noted that the Council would soon be taking action on a proposal to appoint a storm water management advisory committee. He then called for comments from the audience. Mr. Leon Loeb, Managing Partner of Loeb and Company Ltd., said there were two issues he was still concerned about; namely, the definition of environmentally sensitive areas, and the requirement of a pollution control plan for developments under which an NPDES storm water management plan would not be required (commercial, residential, and industrial developments less than five acres). Mr. Loeb also objected to the definition of "disturbing" as written in the ordinance. Mr. Ray Allen, Coastal Bend Bays Foundation, said the foundation has reviewed the proposal and he said they thought the recommended best management practices were reasonable. With regard to the definition of "environmentally sensitive area," Mr. Allen referred to Mr. Loeb's example of the parking lot at the Sandy Shores on North Beach, noting that it is located in a sensitive area subject to flooding A discussion ensued regarding the suggestions made by Mr. Loeb. Mr. Martin made a motion to amend the ordinance as stated by Mr. Hennings, along with the following: Sec. 13-201, add the words "on an unpaved area" to the end of the definition of "disturbing"; Sec. 13-204(b)(3), delete the words "and approval"; and Sec. 13-204(b), by adding a new number (7) to read: "A Pollution Control Plan is not required when a portion of a previously developed tract of land is redeveloped, unless the redevelopment will result in the conversion of more than 1/4 acre from a porous surface to an impervious surface." The motion to amend was seconded by Dr. McNichols, and it passed unanimously (B. Longoria absent). Mr. Bill Brown, of Peterson Development Company, said he had prepared his own suggested ordinance, which he distributed to the Council. He also referred to an ordinance prepared by the City Minutes Regular Council Meeting May 27, 1997 Page 17 of Lubbock, which he said had a raised level of sensitivity to the development community with regard to allowing maximum flexibility and ensuring that requirements in the ordinance were cost effective. He cited a provision in Lubbock's document to illustrate his point. He also discussed the issue of loss and requirements for reconstruction following an unavoidable casualty, such as a hurricane. Mr. Ray Mims, 4949 Everhart, said he and other small homebuilders will be impacted by the ordinance, but they can abide by it as long as city staff remains open to suggestions. He proposed his own changes to the ordinance: Sec. 13-205(d), the words "at the site" be included after "...following a rainfall of 0.5 inches or greater." Mr. Martin made a motion to amend the ordinance as proposed by Mr. Mims, seconded by Mr. Garcia, and passed unanimously (B. Longoria absent). City Secretary Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 022941 Amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Building, Construction and Related Operations; Housing and Housing Premises Standards and the Platting Ordinance of the City of Corpus Christi regarding adoption of a Storm Water Quality Management Program; providing for penalties; providing for severance; providing for an effective date; and providing for publication. The foregoing ordinance passed on second reading, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 15 through 26, and Council Members requested that Items 20, 23, 25, and 26 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 15. M97-134 Motion approving supply agreements with the following companies for the following amounts for coarse paper items which includes 1,775 cases of towels and wipers, 264 cases of drinking cups 1,300 cases of toilet tissue, and various other paper items in accordance Minutes Regular Council Meeting May 27, 1997 Page 18 with Bid Invitation No. IGPG-97-1 based on low bid for an estimated annual expenditure of $79,507.48. This represents the City's portion of a cooperative purchasing effort by the Joint Governmental Purchasing Group. The term of the contract shall be for twelve months with an option to extend for up to an additional twelve months, subject to the approval of the supplier, the Joint Governmental Purchasing Group, and the City Manager or his designee. Funds are budgeted in FY 1996-97 and have been requested for FY 97-98. Nationwide Papers San Antonio. TX Towels, wipers, cups, toilet seat covers $ 44,827.92 National Sanitary Corpus Christi. TX Butcher paper $ 767.00 Grand Total - $79,507.48 The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. Gulf Coast Papers Corpus Christi, TX Toilet tissue, sanitary paper products $33,912.56 16. M97-135 Motion approving the purchase of computer system expansion equipment from the Texas Department of Information Resources based on the State cooperative purchasing arrangement. The equipment will be used by the Police Department and funding is available through the Law Enforcement Trust Fund. Total amount of the purchase is $48,051.92. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. 17. M97-136 Motion approving the purchase of 24 transducers in accordance with Bid Invitation No. BI - 0140 -97 from Puffer Sweiven, Inc., Corpus Christi, Texas, based on low bid meeting specifications for a total of $15,362.40. These items are for use at the Stevens Water Filter Plant and are included in the FY 96-97 Capital Outlay list as replacements. Funds have been budgeted by the Water Department. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. 18. M97-137 Motion authorizing the City Manager or his designee to execute a contract in the amount of Minutes Regular Council Meeting May 27, 1997 Page 19 $122,000 with R.S. Black Civil Engineers & Contractors/Machinery & Materials (Joint Venture) for the Broadway/Oso Wastewater Treatment Plant: Pump Repair and Replacement -1997 project. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. 19. M97-138 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the 1995 Wesley Seale Dam Annual Inspection Contract with Russell-Veteto Engineering, Inc. in the amount $42,800 for Phase 2 services associated with the update of the Wesley Seale Dam Emergency Action Plan. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; 13. Longoria absent. 21. M97-140 Motion stating that the City has no objection to the proposed issue by the Coastal Bend Health Facilities Development Corporation of its Incarnate Word Health System Revenue Bonds, Series 1997, in the principal sum of $50,800,000 and the Mayor's approval of such bonds under Section 147(0 of the Internal Revenue Code. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. 22. ORDINANCE NO. 022946 Ordinance appropriating $223,615 from the No. 117 Airport Fund Capital Reserve; amending Ordinance No. 022643, which adopted the FY 96-97 Operating Budget, by adding $223,615 to the No. 117 Airport Fund; transferring $223,615 to and appropriating this amount in the No. 245 Airport Capital Projects Fund for various capital improvement projects at Corpus Christi International Airport; amending the FY 96-97 Capital Budget, adopted by Ordinance No. 022742, to add $223,615 to the Airport Program. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. Minutes Regular Council Meeting May 27, 1997 Page 20 24. M97-142 Motion authorizing the City Manager or his designee to execute Amendment No. 13 to the Contract for Engineering Services with Russell-Veteto Engineering, Inc. in the additive amount of $40,000 ($32,000 for design and $8,000 for additional services) for Runway 13/31 Repairs/Drainage Improvements. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, refund of sanitary sewer acreage fees. Mr. Hennings said staff was proposing that an ordinance distributed to the Council substitute the motion on the agenda. Council Member Martin made a motion to take that action, seconded by Council Member Garcia, and passed unanimously (B. Longoria absent). Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 022945 Ordinance appropriating $2,985.99 from the No. 145 Sanitary Sewer Trunk Line Trust Fund to pay Irvin Hornkohl's request to refund sanitary sewer acreage fees, paid on December 6, 1985, since the city did not provide wastewater service to Hornkohl subdivision as provided in the Platting Ordinance; authorizing the City Manager to refund $2,985.99, which includes interest, in sewer acreage fees to Irvin Hornkohl. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 23, reconstruction of airport entrance road. Responding to Council Member Garcia, Ms. Bonnie Allin, Director of Aviation, said the parking lot improvements would be included in this project. Mayor Neal called for comments from the audience, and there were none. City Secretary Minutes Regular Council Meeting May 27, 1997 Page 21 Chapa polled the Council for their votes as follows: 23. M97-14 Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the Contract for Engineering Services with Russell-Veteto Engineering, Inc. in the amount of $23,130 for preliminary design phase services associated with the Reconstruction of the Entrance Road and other Landside Roadways at Corpus Christi International Airport, for a new contract total of $953,025. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and B. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 25, eligibility determination for water pollution fund. Council Member Martin asked if this action was a commitment on the city's part, and Mr. Hennings said it was just the first step in determining if the city is eligible for financial assistance. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 022947 Resolution requesting a Preliminary Eligibility Determination from the Texas Water Development Board for financial assistance from the State Water Pollution Revolving Fund and approving matters incidental to such request. The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and B. Longoria absent. *********** Mayor Neal opened discussion on Item 26, Del Mar area utility easement parcel. Council Member Capelo asked if this item could be postponed until the next regular Council meeting. Mr. R.H. Shackelford, Director of Engineering Services, said staff hopes to continue negotiations with the property owner before the next Council meeting, but it would be helpful to approve this item so staff can begin the condemnation proceedings. Mr. Capelo asked if this specific dispute had been previously discussed by the Council, and Mr. Hennings said it had not been. Minutes Regular Council Meeting May 27, 1997 Page 22 Mr. Capelo then made a motion to table this item, seconded by Council Member Martin, and passed unanimously (B. Longoria absent). 26. POSTPONED foot utility caacmcnt containing 575 squarc fcct out of the castcrly sidc of Lot 24, Block 1, Dem Addition, al@ug iNith a 15 foot tet .pora.y eeusti atettei, easeinei1t adjacent to and wcst of the permancnt utility caacmcnt for the Dcl Mar Utility Rclocation Projcct, Pha3c I and to Enier,eh, and wifi;t,lna J. En,ei.wic * * * * * * * * * * * * * Mayor Neal announced that the closed session, pursuant to Texas Government Code Section 551.071, regarding Onesimo Cruz v. City of Corpus Christi, No. 89-4954-D, 105th District Court, Nueces County, Texas, and Gilbert Madrigal Jr. et al v. City of Corpus Christi et al, No. 95-5049-D, 105th District Court, Nueces County, Texas, would be postponed. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings noted that the June 3rd Council meeting would be a workshop to discuss budget issues, as well as a presentation on the Community Progress Partnership and other issues. The Mayor asked Mr. Ray Allen, of the Coastal Bend Bays Foundation, to briefly discuss the issue of freshwater releases, which was discussed that morning in a meeting of the Greater Corpus Christi Business Alliance. He said the discussion involved the issue of beneficial reuses of both industrial and municipal wastewater, particularly during times of drought. He said the concept is to move enough wastewater to the estuary to satisfy the inflow needs of that area to relieve the city of that requirement. He also discussed the five objectives that the proposal seeks to achieve. Mayor Neal explained that he and some city staff met recently with state officials in Austin concerning the freshwater release issue, and he emphasized that no deals have been made but the discussion is very preliminary. Council Member Martin said the only adopted position of this City Council is to request that freshwater releases not be required if the combined system capacity falls below 40%. He said he thought Mr. Allen's proposal deserved much more discussion. He added that the city should pursue the 40% proposal, and if the Texas Natural Resource Conservation Commission (TNRCC) does not agree, the city should stop its freshwater releases and sue the TNRCC. Minutes Regular Council Meeting May 27, 1997 Page 23 Council Member McNichols said he thought Mr. Allen's proposal should be considered as an alternative, but he did not think they should be enlisting the endorsement of community organizations of that proposal. He said the public is becoming increasingly frustrated about the whole freshwater release issue, and there have been discussions about the option of taking legal action in the future. Mayor Neal called for Council concerns and reports. Mr. Martin asked if action would be taken at the workshop next week, and Mr. Hennings said the plan was to just have a workshop with no action. The Mayor said he had recently addressed the Texas A&M System regents and other officials concerning several issues, including community development initiatives, which he briefly discussed. He also said the dedication ceremony of the Selena Memorial on Shoreline Drive on May 25 went very well overall, and he thanked staff. He said there may be another budget workshop on July 1st. Mr. Martin thanked Mr. Hennings, Mr. Matthews and staff for their work on the youth golf fees, and he asked Mr. Hennings to give the Council members a memo on what actions are taken in the event of a hurricane. Mr. Hennings announced that the legislation designating the Corpus Christi Museum of Science and History as a marine archeological repository for the state had passed both the House and Senate and would be sent to the Governor for his signature. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:10 p.m. on May 27, 1997. * * * * * * * * * * * * *