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HomeMy WebLinkAboutMinutes City Council - 06/10/1997I 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 June 10, 1997, which were approved by the City Council on June 17, 1997. WITNESSETH MY HAND AND SEAL, this 17th day of June, 1997 Armando Chapa City Secretary SEAL 1,UFtLMEp MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 10, 1997 2 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Betty Jean Longoria Council Members: Jaime L. Capelo Jr. Melody Cooper Alex L. Garcia Jr. Arnold Gonzales John Longoria Dr. David McNichols Edward Martin City Staff: City Manager Bill Hennings Assistant City Attorney Alison Gallaway City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall, and he then led the Pledge of Allegiance to the flag of the United States. The Mayor asked Rev. E.F. Bennett to pray for former Corpus Christi Mayor Mary Rhodes, who died June 4, 1997, after a short illness. Addressing all the people who filled the Council Chambers to capacity, Mayor Neal said this was a special meeting in which they could draw together as a family to memorialize Mrs. Rhodes. He said this special ceremony will allow the city to begin to move forward in a way that will bring credit to Mrs. Rhodes' work and dreams. City Secretary Chapa said he was honored to be asked by Mrs. Rhodes' family and friends to say a few words. He noted that he had first met Mrs. Rhodes in the late 1970s when he was working for the city's employment and training program and Mrs. Rhodes was a member of the CETA Private Industry Council. Mr. Chapa said that although he thought Mrs. Rhodes was smart and energetic, he did not think she fit the "political mold" when she informed him of her desire to run for an at -large position on the City Council in the mid-1980s. He spoke about Mrs. Rhodes' honesty, effective leadership, and dedication which earned her the respect of city staff and colleagues. He said that because of her many accomplishments, people should not mourn her but rather celebrate her life, particularly her devotion to children. Mr. Chapa also thanked the Rhodes family for allowing them to have this memorial to their wife and mother to help bring closure to her passing, and he expressed his condolences to each of them. Ms. Linda Bridges, a close friend of Mrs. Rhodes' and her campaign manager for many years, said that Mrs. Rhodes would not want the memorial to turn into a big production, and she Minutes Regular Council Meeting June 10, 1997 Page 2 would not want everyone to dwell in sadness. With that in mind, she said the best way to speak about Mrs. Rhodes was through the children who knew her. When children throughout the city learned that she was ill, they began sending Mrs. Rhodes get -well cards, and Ms. Bridges read from several of them. In their own words, the children expressed love and appreciation to Mrs. Rhodes for her commitment to the community and her love for them. Dr. Donald Rhodes, Mrs. Rhodes' husband, came forward with their children: Bryan and his wife, Cindy and their daughter, Tara; and Randy and his girlfriend, Kari Whatley. Dr. Rhodes noted that the family rarely appeared in public, since Mrs. Rhodes kept her public life separate from her private one. He said it was appropriate for the memorial to be held at City Hall since that was where Mrs. Rhodes' major public service began and that is where it should end. He thanked the thousands of people who sent cards from all over the world and who prayed for them. He also thanked Nelda Martinez, Linda Bridges, Gwen Henzi, Judy Hale, and his sister-in-law Molly Perrin for their support during this difficult time. Dr. Rhodes said he was abiding by his wife's wishes in not having a public funeral or large public memorial for her. He said in September they would have been married for 27 years. He said his family loaned Mrs. Rhodes to the City of Corpus Christi, and now her body has come home to the family, but her soul has gone to a higher vantage point. The Rev. David Evans, Pastor of Parkway Presbyterian Church, said Mrs. Rhodes touched him very deeply in the brief time in which he knew her. He then led a prayer for Mrs. Rhodes. * * * * * * * * * * Mayor Neal called for a brief recess. * ** * * * * * * * * * * * * * Mayor Neal reconvened the Council meeting, and 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. The Mayor then recognized the following young people who will represent Corpus Christi through the Sister City Student Exchange Program: Sam Henderson and Charissa Jarboe, who will travel to Agen, France; Rick Moreno and Leslie Guerrero, Toledo, Spain; Ruben Sanchez and Jennifer Montgomery, Yokosuka, Japan; Vilas Pathikonda and Viola Benavidez, Veracruz, Mexico; and Efrain Pena and Kathleen Carroll, Monterrey, Mexico. Mayor Neal called for approval of the minutes of the regular Council meeting of May 27, 1997, and the Council workshop of June 3, 1997. There being no corrections, he proclaimed them approved as presented. Minutes Regular Council Meeting June 10, 1997 Page 3 * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Phil Rosenstein commented on the June 3rd budget workshop, saying that he felt more funding was needed for public safety rather than less funding, which he briefly explained. Mr. Joe Minervini, 13705 Three Fathoms Bank, said he and his wife have operated the City Skates skating rink, 8051 S.P.I.D., for the last eight years, and he said that approval of the ice hockey lease (and use by the league of Memorial Coliseum) would create unfair competition for his business. He urged the Council members to thoroughly read the lease before approving it on second reading. Mr. J.E. O'Brien, 4130 Pompano, suggested that the city hire consultants to review the feasibility of the city's ice hockey lease and gas contract. He objected to the increase in expenditures in the proposed city budget, saying that the Council had more work ahead of it. Mr. Leon Perez, 904 Buford, commented on the problem of pedestrian traffic and swift - moving vehicular traffic in the "hospital zone" on Alameda Street in front of Driscoll Children's Hospital and Columbia Doctors Regional Medical Center. * * * * * * * * * * * * * City Manager Hennings said the key issues update for that meeting regarded economic development and transportation projects. Mr. Tom Utter, Assistant City Manager for Development Services, introduced Mr. Bud Harris, Dean of the Center for Business and Community Education at Del Mar College. Mr. Harris said that Del Mar College works with several economic development agencies throughout the Coastal Bend to diversify the area's economic base, develop small businesses, and create good jobs for citizens. He said the key is to build a skilled and knowledgeable work force, and to do so, they must focus on two initiatives: to enhance the skills of the existing workforce, and to prepare a future workforce. Mr. Harris discussed the ways in which Del Mar College is working to achieve those goals. Mr. Hennings suggested that during next month's update on economic development, a representative of the Texas Employment Commission could address the Council, as well as discuss how the welfare reform issue affects jobs in this area. Then in August representatives of the Greater Corpus Christi Business Alliance will give their quarterly report, and at that point, he said an analysis of the situation can be undertaken. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, gave an update on transportation projects in Corpus Christi. He noted that the Crosstown Expressway interchange has Minutes Regular Council Meeting June 10, 1997 Page 4 been included as a recommended project by the staff of the Texas Department of Transportation (TXDOT) in the statewide Transportation Improvement Program (TIP) for 1998-2000. The TIP will be considered for approval by the Texas Transportation Commission on August 28, 1997 in Austin. He urged the Council members to attend that meeting if possible. With regard to the JFK Causeway, Mr. Crull said TXDOT has selected a consultant to prepare an environmental assessment and a schematic for that project; in addition, strategy planning is also continuing on the I-69 project. Mr. Crull discussed timelines for some of those projects. Council Members Martin and Betty Jean Longoria emphasized the importance of having a delegation of Corpus Christi officials attend the Transportation Commission meetings, particularly the upcoming meeting. Mrs. Longoria also commented on congestion on IH -37 at Mesquite where it narrows to one lane. Responding to Council Member McNichols, Mr. Crull said there had not been a formal proposal to make the JFK Causeway project a demonstration project. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, Southwestern Bell telecommunications franchise. Mr. Hennings explained that Southwestem Bell's (SWB) franchise expires at the end of June, and staff has been negotiating with SWB officials. He said they have reached tentative agreement on the compensation aspect --the amount SWB pays the city for the right to use the city's right-of- ways for their lines and equipment. The proposal will increase the city's revenue by about $1.5 million per year, which has been programmed into next year's budget. Mr. Hennings briefly explained the four provisions of the agenda item. He added that there are some provisions which are still being discussed, which may result in some proposed changes prior to the ordinances' second reading on July 8, 1997. Mr. Hennings also explained how this proposal would affect customers' bills from SWB. Council Member Martin asked if there were any outstanding damage disputes with SWB, and Mr. Hennings said he was not aware of any, but staff would investigate it. Responding to other questions from Mr. Martin, Mr. Hennings said the existing franchise agreements the city has with other companies will have to be reconciled using this new approach; he added that staff will provide a comparison of Corpus Christi's rates with the rates in other cities. Mr. Martin pointed out that SWB is passing its cost through to its customers using the "municipal fee." Mr. Jeff Jung, a SWB representative, explained the definition of an access line. He added that the 9-1-1 charge and the municipal fee are charged for each line. Minutes Regular Council Meeting June 10, 1997 Page 5 Mr. Martin suggested that staff investigate whether there would be any downsides to earmarking the additional SWB revenue. He said he would only support a fee increase in order to fund street improvements or public safety improvements. In reply to Council Member Capelo, Mr. Hennings said the 9-1-1 charge was established by the state to fund the installation of 9-1-1 systems in rural areas, which has been accomplished for the most part. Responding to Council Member Gonzales, the City Manager pointed out that the 9-1-1 fee is part of SWB's franchise fee, which is a source of revenue in the General Fund. He added that the city's 9-1-1 program will benefit from this proposal. Council Member Garcia asked about distinctions between telephone line usage (fax, voice, modem, etc.), and Mr. Jung explained that SWB has no way of determining that. He further explained how SWB's bill will change in the future. A brief discussion ensued. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said that the city's revenue from SWB will increase about 70%, and he asked if SWB's charges to its customers will rise 70% as well. Mr. Hennings replied that the total increase will be offset by the elimination of the 50 -cents per line 9-1-1 fee; consequently, the net increase for each telephone line will be 43 cents, or an increase of about 5%. Mr. Jimmie Till, 1265 Southern Minerals Road, agreed with Mr. Martin's suggestion of earmarking the SWB revenue to improve streets and public safety. Mr. Hennings stated that some of the language in the ordinance under Item 2.c. (SWB 60 -day franchise) needed to be amended so as to be effective upon publication after second reading. Mr. Martin made a motion to amend Item 2.c. as stated, seconded by Council Member John Longoria, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 2.a. FIRST READING ORDINANCE Adding a new Chapter 50 "Telecommunications" to the City Code to establish rules governing the use of City rights-of-way by providers of telecommunications services, setting fees for use of city rights-of-way, creating offenses and providing a penalty. The foregoing ordinance passed on first reading by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo Minutes Regular Council Meeting June 10, 1997 Page 6 voting "No." 2.b. FIRST READING ORDINANCE Granting Southwestern Bell Telephone Company, pursuant to Article IX, Section 2, of the City Charter, Municipal Consent for use and occupancy of the public rights-of-way for a period of two years commencing 60 days after passage of this ordinance. The foregoing ordinance passed on first reading by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo voting "No." 2.c. FIRST READING ORDINANCE Granting Southwestern Bell Telephone Company, pursuant to Article IX, Section 2 of the City Charter, Municipal Consent for use and occupancy of the public rights-of-way for a period of 60 days. The foregoing ordinance passed on first reading, as amended, by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo voting "No." 2.d. RESOLUTION NO, 022948 Resolution authorizing the City Manager to terminate the Interlocal Cooperation Agreement between Corpus Christi and the Coastal Bend Council of Governments authorized by Motion M90-195, authorizing the City Manager to take all necessary steps to cause elimination of the present 9-1-1 telephone service charge, and repealing Resolution No. 20374. The foregoing resolution passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, "hospital zone" speed limit reduction on Alameda Street. Responding to Council Member Garcia, Assistant City Attorney Gallaway explained that the "no -passing" zone restriction would not apply in a hospital zone, only in a school zone. She added that the establishment of hospital zones in other areas of the city would have to be approved by the City Council. Minutes Regular Council Meeting June 10, 1997 Page 7 Mr. Garcia also asked about the specific hospital zone hours being recommended. Mr. Hennings said staffs recommendation was based on a pedestrian traffic study that was conducted in that area of Alameda. He added that staff would revisit the issue of the no -passing restriction in school zones. Council Member Capelo said he discussed this proposal with some physicians whose offices are located in that area, and he said that while they support the creation of a hospital zone, they would like even longer hours of operation, from 7 a.m. to 6 p.m. Responding to a question from Mr. Capelo, Mr. Hennings said staff did review hospital zone ordinances in other cities, but the times being proposed here were based on the pedestrian activity in that specific location. Council Member Gonzales said he did not support the reduced speed hours of operation as recommended, adding that he also felt the hospital zone hours should be expanded from 7 a.m. to 6 p.m. for the protection of pedestrians. In reply to Mr. Garcia, Mr. Hennings said there was a need for a hospital zone in that section of Alameda because it was located mid -block between intersections. Mr. Garcia said he thought this proposal was too confusing. Council Member McNichols said he originally suggested the creation of a hospital zone in order to reduce the risk of pedestrian accidents on Alameda in the area of the medical offices and hospitals. Dr. McNichols asked about the results of the traffic study. Mr. David Seiler, City Traffic Engineer, said staff observed that when the school zone speed limit flashers are in effect, there seems to be a slower median travel speed on Alameda Street. He said for that reason, staff was recommending that the hospital zone be operated at a different time than the school zone. Mr. Seiler added that the occurrence of pedestrian cross -overs varied from day-to-day and hour -to -hour. Dr. McNichols commented that other states and cities have much stricter applications of pedestrian crossing rules. Mr. Capelo made a motion to amend Item 3 to change the hospital zone hours of operation to 7 a.m. to 6 p.m., and to change the recommended travel speed from 25 MPH to 20 MPH during those hours. The motion was seconded by Mr. Garcia. Ms. Gallaway pointed out that the original proposed ordinance was not time -specific, but would allow staff to set the hours based on traffic observances; Mr. Capelo's amendment would limit the ordinance to specific times and any changes would have to be reconsidered by the Council. Responding to Council questions, Mr. Seiler further described pedestrian crossing patterns that staff has observed on Alameda Street, as well as the possible effect of this ordinance on traffic Minutes Regular Council Meeting June 10, 1997 Page 8 patterns on other streets. He questioned whether the lower speed limit of 20 MPH in that zone would be obeyed by many motorists. In reply to Mr. Martin, Mr. Seiler said the school zone hours in that area are 7:15-8:15 a.m. and 2:45-3:45 p.m. Mr. Martin said he thought that making the hospital zone hours operational as a solid block of time made sense. A discussion ensued concerning specific street markings and pedestrian traffic in that area, as well as state regulations governing pedestrian crossings. Mr. Capelo reiterated his concern for the safety of pedestrians --particularly children -- utilizing the hospitals and doctors' offices on Alameda. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes on the motion to amend, and the motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols voting "No." Mr. Chapa then polled the Council for their votes on the ordinance as follows: 3. FIRST READING ORDINANCE Amending the City's Code of Ordinances Chapter 53 - Traffic, amending Section 53-255 - Schedule VI, Decrease of State Law Maximum Speed, by reducing the speed limit on Alameda Street between Texan Trail and Ropes Drive, when designated by flashers. The foregoing ordinance passed on first reading, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, interlocal agreement with Texas Department of Public Safety (DPS). Municipal Court Presiding Judge Rodolfo Tamez explained that the purpose of this agreement is to assist in the resolution of outstanding cases at the court by denying renewal of Texas driver's licenses, which the judge explained. He said the DPS estimates that across the state, 75% of people who have outstanding warrants do not appear in court. Council Member Martin stated that he and Council Members Betty Jean Longoria and John Longoria are members of the Council's Municipal Court Committee. He they have been trying to find ways to increase legitimate Municipal Court revenues by collecting fines that are owed to the Minutes Regular Council Meeting June 10, 1997 Page 9 court. He noted that another action taken by the Council was to vote to deny renewal of vehicle registrations until Municipal Court fines had been paid. Responding to Council Member Garcia, Judge Tamez defined complaints and citations, as well as other aspects of the proposals. Mr. Longoria described how this plan provides an incentive for people with outstanding warrants to pay their fines and resolve their cases. A brief discussion ensued. Mayor Neal called for comments from the audience. Mr Jimmie Till said he supported the proposed ordinance, adding that it may reduce the number of accidents. City Secretary Chapa polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an Interlocal Cooperation Contract with the Texas Department of Public Safety for denial of renewal of Texas Driver's License for failure to appear at Municipal Court; for a cost of six dollars per reported offense, to be paid by the City after the full amount of outstanding fees and court costs have been collected from the Defendant. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, Del Mar utility easement parcel condemnation. In reply to Council Member Capelo, Mr. R.H. Shackelford, Director of Engineering Services, said that in this case, staff did not send a written notice to the property owners involved. He said staff verbally informed them that their negotiations had reached an impasse, and they would be bringing this item before the Council for condemnation. Mr. Capelo asked if staff had discussed this with the property owners since the May 27th Council meeting, when the item originally came before the Council and was subsequently postponed. Mr. Shackelford said they had not discussed it since then. Mayor Neal called for comments from the audience, and there were none. City Secretary Minutes Regular Council Meeting June 10, 1997 Page 10 Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 022949 Resolution authorizing condemnation proceedings by the City to condemn a permanent five foot utility easement containing 575 square feet out of the easterly side of Lot 24, Block 1, Del Mar Addition along with a 15 foot temporary construction easement adjacent to and west of the permanent utility easement for the Del Mar Utility Relocation Project, Phase I and to acquire the easement in, over, upon, and across such property from the owners, Stephen D. Emerson and wife, Debra J. Emerson. The foregoing resolution passed by the following vote: Cooper, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo voting "No"; Garcia, Gonzales, and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 6. Case No. 597-1. Ethel Mae Kessler - A change of zoning from a "B-1" Neighborhood Business District to a `B-4" General Business District on Lexington Estates, Block 8, Lot 1 and south 50 feet of Lot 2, located on the northeast comer of South Padre Island Drive and Mokry Drive. City Secretary Chapa said the Planning Commission and staff recommended approval. Council Member Martin asked if the zoning extended to the middle of S.P.LD. Mr. Brandol Harvey, Director of Planning and Development, said the usual practice was to take the zoning to the middle of the right-of-way. Mr. Martin asked why `B-3" zoning was not being recommended for this zoning case. Mr. Harvey said the subject property is located adjacent to apartments but away from major intersections and could be acceptable as multi -family use, which is not allowed in `B-3" but is allowed in "B-4." Council Member Garcia asked if a bar could be built on the subject property under `B-3" zoning, and Mr. Harvey said both "B-3" and "B-4" zoning allow bars, taverns and lounges. He briefly described regulations concerning restaurants that sell alcohol in `B-1" zoning. No one appeared in opposition to the zoning change. Council Member Martin made a motion to close the public hearing, seconded by Council Member Gonzales, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting June 10, 1997 Page 11 ORDINANCE NO 022950 Amending the Zoning Ordinance upon application by Ethel Mae Kessler, by changing the Zoning Map in reference to Lexington Estates, Block 8, Lot 1 and south 50 feet of Lot 2 from "B-1" Neighborhood Business District to `B-4" General Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 7 through 21, and Council Members requested that Items 11, 12, 17, and 21 be withheld for discussion. The Mayor also asked for comments from the audience on any of the consent items, and there were none. City Secretary Chapa polled the Council for their votes and the following were passed: 7. M97-139 Motion approving a supply agreement with Valley Solvent Co., Corpus Christi, for swim pool chemicals including Sodium Hypochlorite, Muriatic Acid, Cyanuric Acid, and Bicarbonate of Soda in accordance with Bid Invitation No. BI -0161-97, in the amount of $51,522, based on best bid. The term of the contract is twelve months with options to extend for up to two twelve month periods subject to the approval of the contractor and the City Manager or his designee. The chemicals will be used by the Parks and Recreation Department for treating swimming pools. Funds are budgeted by Parks and Recreations, Aquatics Activity. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 8. M97-143 Motion approving a supply agreement for approximately 6,115 gallons of liquid lime dispersant in accordance with Bid Invitation No. BI -0118-97 with the Kjell Corporation, Beloit, Wisconsin, based on total low bid for an estimated annual expenditure of $30,881.21. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manger Minutes Regular Council Meeting June 10, 1997 Page 12 or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds are budgeted in FY96-97 and have been requested for FY97-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 9. M97-144 Motion authorizing the City Manager or his designee to execute a contract in the amount of $177,315 with Industrial Services USA for the Sacky Lift Station: Wet Well Rehabilitation and Upgrade - 1997 project. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 10. M97-145 Motion authorizing the City Manager or his designee to execute a contract in the amount of $58,820 with Industrial Services USA for the O.N. Stevens Water Treatment Plant: Ultraviolet Ray Protection for Eight Fiberglass Tanks project. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 13. M97-148 Motion authorizing the City Manager or his designee to execute Change Order No. 1 reducing the contract with Professional Services Industries, Inc., by $33,040 in connection with Underground Fuel Storage Tank Mitigation - 1996 Contract No. 2. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 14.a. M97-149 Motion authorizing the City Manager or his designee to execute Budget Modification No. 1 to provide additional funding from the National Council on Aging for the federal minimum wage increase, as part of the 1996-97 program agreement. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting June 10, 1997 Page 13 14.b. ORDINANCE NO. 022951 Ordinance appropriating $23,200 from the National Council on Aging for the Senior Community Service Employment Program for the 1996-97 Program Year in the No. 162 Federal/State Grant Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 15. M97-150 Motion authorizing the City Manager or his designee to execute an agreement in the amount of $55,400 with HDR Engineering, Inc. to perform bench scale tests to address corrosion and treatability issues associated with new water supplies. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 16.a. ORDINANCE NO. 022952 Ordinance appropriating $165,500 from the Combined Utility System Unreserved Fund balance; amending Ordinance No. 022643, which adopted the FY 96-97 Budget, by adding $165,500 to the Combined Utilities System Fund; transferring $165,500 to and appropriating $165,500 in the No. 205 Water Capital Projects Fund for the O.N. Stevens Sedimentation Basins 1 and 2 Rehabilitation project; amending the FY 96-97 Capital Budget, adopted by Ordinance No. 022742, by adding $165,500 to the Water Program. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 16.b. M97-151 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the contract for engineering services with Camp Dresser McKee, Inc. in the amount of $165,500 for additional services associated with Sedimentation Basins #1 & #2 Rehabilitation Project at O.N. Stevens Water Treatment Plant, for a new contract total of $573,700. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting June 10, 1997 Page 14 18. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, by establishing the Storm Water Management Advisory Committee; providing for severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 19. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a 10 -year lease with Central Park Little League for 4.32 acres at Price Park in consideration of Central Park Little League maintaining the Premises and improvements and operating a little league program; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 20. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a 10 -year lease with a 10 -year option to renew with Corpus Christi Independent School District to install, repair, maintain and operate a Ropes Team Building course located on approximately .78 acres of the 5.08 acre Casa Linda Park adjacent to Baker Middle School. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." ************* Mayor Neal opened discussion on Item 11, Airline Road street improvements project. Council Member Martin asked if this proposal would be brought within the city's budget. Mr. Crull said that in the agreement with TXDOT, this project involved a fixed dollar contribution from the city, as well as the cost of right-of-way acquisition and utility adjustments. Mr. Martin asked if the city was legally allowed to approach the property owners in this case about donating their property to the city. Mr. Crull replied that in projects like this where federal funds are involved, the city has to follow federal acquisition procedures, which require the city to provide the property owner with a written offer and a copy of the appraisal that supports that offer. Minutes Regular Council Meeting June 10, 1997 Page 15 He said following that, the city could approach the property owner about donating the property, but staff had not done that in this case. Mr. Martin encouraged staff to ask the owners to consider donating their property, and Mr. Crull said they would. City Secretary Chapa polled the Council for their votes as follows: 11. M97-146 Motion authorizing the acquisition of Parcel No. 1 located on the northwest corner of Airline Road and Saratoga Boulevard for $33,951 in connection with the Airline Road Street Improvements project. The foregoing motion passed by the following vote: Capelo, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; Garcia and McNichols voting "No"; Cooper and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, field lighting for girls' fast pitch league. Mr. Chapa said an error was made in the transposition of the low bid numbers from the contractor's bid to the bid tabulation. The amount shown in the agenda caption was $40,854, and the correct amount is $40,584. Council Member Gonzales made a motion to amend the item as stated, seconded by Council Member Garcia, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 12. M97-147 Motion authorizing the City Manager or his designee to execute a contract in the amount of $40,584 with Mathieu Electric Company, Inc. for lighting improvements to the International Westside Pony League Girls Fast Pitch Softball Field. The foregoing motion passed, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, elimination of deficit fund balance. Council Member Martin requested some projections on deficit amounts for the upcoming discussion of the budget. Minutes Regular Council Meeting June 10, 1997 Page 16 City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 022953 Ordinance authorizing the transfer of $1,733 from the No. 102 General Fund to the No. 420 Certificates of Obligation - Tax Increment Financing Debt Service Fund (CO -TIF); increasing revenues by $1,733 from the No. 420 CO -TIF Debt Service Fund to cover the fund deficit; amending Ordinance No. 022643, which adopted the FY 96-97 budget, by adding $1,733 to the No. 420 CO -TIF Debt Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 21, Landry's Restaurant lease. Council Member Garcia asked how this lease compared to the Lighthouse Restaurant lease. Mr. Malcolm Matthews, Director of Park and Recreation, said the major differences center around the type of facilities involved: Landry's is a floating restaurant and is limited to a five-year lease, while the Lighthouse is situated on land and it has a 40 -year lease. Mr. Matthews further described differences in the contract terms of the two leases. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 022954 Authorizing the City Manager or his designee to execute a 5 -year lease, with Landry's Seafood and Steakhouse -Corpus Christi, Inc. to operate a restaurant on the Peoples Street T - Head, in consideration of payment of the greater of $6,000 per month or 2.75% of monthly gross sales. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to the following sections of the Texas Government Code: Section 551.071, regarding Gilbert Madrigal, Jr. et al v. City of Corpus Christi et al, No. 95-5049-D, 105th District Court, Nueces County, Texas, with possible action thereon in Minutes Regular Council Meeting June 10, 1997 Page 17 open session; and Section 551.074, to discuss Municipal Court judge appointments. The Council went into closed session. The Council returned from closed session. ************* Mayor Neal called for the City Manager's report. Mr. Hennings discussed the proposed budget adoption calendar, and he suggested that, beginning with the June 17th Council meeting, they allocate some time at each meeting to budget discussions until the budget is finally adopted. The Mayor said the June 17th Council meeting would begin at 12:30 p.m. and the Council would go into closed session to discuss pending litigation (followed by regular Council business in open session). Mayor Neal also suggested that the budget workshop scheduled for July 1st begin at 9 a.m. He referred to a list of members on the newly formed Mary Rhodes Memorial Committee, which will be co-chaired by Mayor Emeritus Luther Jones and Mary Beth Nelson. The Mayor asked that concerns raised by Mr. R.J. Herschbach during a previous meeting be addressed, and he said that he would begin holding quarterly town hall meetings in the Council Chambers beginning at 6 p.m. July 10, 1997, with subsequent meetings tentatively scheduled for the second Thursday of October, January and April. Mayor Neal called for Council concerns and reports. Council Member Martin asked when the discussion of the budget policy would be held, and Mr. Hennings replied that it will be discussed next week. He added that there would also be a presentation on the water releases issue. Mr. Martin also referred to a TCI Cablevision rate increase, and he asked staff to check on the status of the electrical inspection activity. He also commented that an update and reaffirmation by the Council of the Gateway Project was needed. Council Member Capelo requested a closed session discussion about a situation at the H.E.B. Tennis Center. He also requested information and/or asked that several items be addressed: the operation of the Animal Control office; policy concerning maintenance of storm gutters; letter from Chase McRoberts; specific addresses with high weeds; traffic congestion and/or speeding in specific parts of the city; and the policy for use of the city's senior centers. Mr. Capelo congratulated the Moody High School baseball team and the Odyssey of the Mind teams from Wilson Elementary and Baker Middle School. Council Member Gonzales requested information about the process for amending the City Charter; and he said he would distribute information to the Council concerning funding of school crossing guards in the City of Austin. He also asked for information about the Police Department's Minutes Regular Council Meeting June 10, 1997 Page 18 DARE program. Council Member John Longoria asked if a franchise fee could be charged to the city's utilities, and Mr. Hennings said the Charter prohibits it. Mr. Longoria said he thought the Moody baseball team was invited to next week's Council meeting. He also noted that there was a form for Council members to fill out in order to forward constituents' concerns to city staff, and he asked the communications department to revise the form for ease of use. Council Member Garcia referred to a memo from staff about the administration of the Community Development Block Grant projects, and he asked that Mr. Minervini's questions about the ice hockey lease be addressed. Mr. Garcia also raised the following concerns: relocation of a school light at Holly and Everhart; condition of a restroom at the Harbor Playhouse; information concerning the noise ordinance; specific street and ditch conditions; and a list of vacant positions on city staff. Council Member Betty Jean Longoria asked that staff provide in the near future a report of the effect of the hospital zone speed limit on Alameda Street. She said she had also received complaints about odors at the Southside Little Miss Kickball field on McArdle Road. Mr. Martin suggested that a process be developed whereby Mr. Hennings and Mayor Neal can prioritize the Council's concerns with regard to the amount of staff time those concerns may take. Mrs. Longoria, Chairperson of the Charter Revision Committee, said she would visit with the Mayor concerning that committee's work. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:15 p.m. on June 10, 1997. * * * * * * * * * * * * *