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HomeMy WebLinkAboutMinutes City Council - 06/17/1997I 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 17, 1997, which were approved by the City Council ori June 24, 1997. WITNESSETH MY HAND AND SEAL, this 24th day of June, 1997 Armando Chapa City Secretary SEAL ote MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 17, 1997 12:30 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Betty Jean Longoria Council Members: Jaime L. Capelo Jr. Alex L. Garcia Jr. Arnold Gonzales John Longoria Dr. David McNichols Edward Martin ABSENT Melody Cooper City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor David Lewis, Bayshore Bible Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of June 10, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * ** Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071 to receive the advice of the City Attorney on and review all litigation and potential litigation involving the City of Corpus Christi. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Minutes Regular Council Meeting June 17, 1997 Page 2 Mayor Neal called for petitions from the audience. Mr. Phil Rosenstein said the Texas Veterans Land Board and the Veterans Administration will build four skilled nursing homes in Texas. He noted that there are an estimated 12,000 veterans living in Corpus Christi, and he discussed the need for such a nursing home here. He urged Corpus Christi officials to take the necessary steps to have one built here. Mayor Neal said staff is actively involved in that effort. Mr. Joe Pino said he wished to discuss the issue of his termination from the H.E.B. Tennis Center. Before he continued, Mayor Neal said he wanted to make sure that Mr. Pino's comments were not either personal in nature pertaining to Mr. Pino's allegations about city employees or that bordered on legal aspects in that public forum. Mr. Pino said the city's sexual harassment complaint policy is supposed to be posted at the municipal tennis center, but he said it was not. He asked that if and when the Council makes a decision on this issue that he be notified. Mr. Joe Minervini, 13705 Three Fathoms Bank Dr., said he and his wife operate the City Skates skating rink and he was addressing the issue of the professional ice hockey lease, which will be coming back before the Council for second reading. He said he is in favor of any professional sports team coming to Corpus Christi, but he is opposed to the city government providing subsidies or favorable treatment to a competing business. He discussed specific aspects of the lease, and he again urged the Council to thoroughly review it. Mayor Neal said he has asked city staff to examine Mr. Minervini's concerns. Mr. J.E. O'Brien, 4130 Pompano, said he was also concerned about the ice hockey lease, and he asked if that was a 10 -year lease and if it violated the City Charter. Mr. O'Brien also read a resolution from the executive board of the Corpus Christi Taxpayers Association in which they opposed an increase of the municipal charge for telephone lines. Referring to Mr. O'Brien's first comment, City Manager Hennings said Memorial Coliseum does not fall under the provision of the five-year limitation in the Charter. Mayor Neal referred to a headline in a Nashville newspaper about a citizen who was "furious" with that city's mayor regarding that city's proposed property tax increase, adding that Mr. O'Brien was not the only one who felt that way. Mr. R.F. Hasker also objected to the Southwestern Bell franchise fee increase. Mr. Neal Trolinger, 337 Stages Dr., said the city needed to find ways to increase the efficiency of its operations, rather than new streams of revenue. He specifically referred to what he said were many non-essential media expenditures that staff should review. Mr. Leon Perez, 904 Buford, expressed confusion and dissatisfaction with his telephone bill. ************* Minutes Regular Council Meeting June 17, 1997 Page 3 Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointment was made: Civil Service Board and Commission Connie Mufioz (Reappointed) * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, financial policies to rebuild General Fund ending balances. City Manager Hennings said that in order to reaffirm the financial policies the Council adopted earlier this year, he would have to amend the proposed city budget to ensure that the General Fund ending balance is increased by 25% each year, and to ensure that the budgeted revenues exceed the budgeted expenditures, which he briefly described. Mr. Hennings said there were also other options for the Council to consider: to amend the financial policies in order to defer those two provisions for one year, thereby adopting a "leaner" budget this year; and to consider other ways to increase revenues and reduce expenditures. Council Member McNichols pointed out that the adopted financial policy presented difficulties, and he said it was essential that the Council reaffirm the policy to build up the city's ending fund balances. Following a brief discussion, Council Member Martin said that the proposal as outlined on page 36 of the agenda attachments is basically minimal in terms of increasing the city's fund balance position. Council Member John Longoria said he supports the Mayor's recommendation that the Council reaffirm the resolution and then move through the budget process. Upon verification by Mr. Hennings, Mr. Longoria noted that the financial policies were adopted in an effort to prevent the downgrading of the city's bond rating, which occurred anyway despite that action. Dr. McNichols pointed out that the city's ending fund balances have exhibited a downward trend over the last few years. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said that one of the reasons for this policy is that prior City Councils had consistently overspent available city revenues. He said he supports Sections 6 and 7 of the resolution pertaining to expenditure controls, but he does not support Section 4(A) if increased utility franchise revenues are collected from the ratepayers. Minutes Regular Council Meeting June 17, 1997 Page 4 City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 022965 Resolution reaffirming the City's commitment to adopt financial policies to rebuild General Fund ending balances to prior year levels and ensure that ending balances are maintained at acceptable levels in future years. The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, scheduling of the budget public hearing. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. M97-152 Motion scheduling a Public Hearing during the Regular Council Meeting of July 15, 1997 on the proposed budget for the Fiscal Year beginning August 1, 1997. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * City Manager Hennings said the next agenda item was the key issues update, beginning with the monthly report of the Lake Texana pipeline progress. Mr. Frank Brogan, Director of Engineering for the Port of Corpus Christi, showed a videotape of the manufacturing process of the pipe. He also discussed other aspects of the project, including right-of-way acquisition, pipeline design and construction, pump stations, river crossings, financing, and completion status. Responding to Council Member Martin, Mr. Brogan said the contractor still believes that despite rain delays, the May 1998 target date for completion is possible. Mr. Martin asked that, as construction progresses, the Council be advised of any change in the target date in order to facilitate its own planning. Prior to the discussion of water supply alternatives, Mayor Neal pointed out that the reason for these ongoing discussions is to plan for a long-term, affordable water supply that encompasses Minutes Regular Council Meeting June 17, 1997 Page 5 such issues as the current water supply, water release program, building of the pipeline, and desalination. He said the Council is serious about addressing those issues. Mr. James Dodson, Regional Water Director, said that last month the Regional Water Supply Task Force recommended to the Council that the city enter into an agreement with Texas A&M University -Corpus Christi (TAMU-CC) for a study of desalination as a future water supply for this region, which is the proposal on the day's agenda. Mr. Dodson recognized Dr. Robert Furgason, TAMU-CC President; Dr. Jim Bonner, Director of the Conrad Blucher Institute; and Ms. Gale Ketcham, of the Blucher Institute. Mr. Dodson said the objectives of the preliminary study include assessing the state of the art of desalination technology, particularly from the local perspective; evaluating the future role of that technology in meeting the water needs of this region; formulating preliminary plans for developing a demonstration desalination plant; and evaluating the pertinent technologic, economic, environmental and institutional issues that must be addressed in constructing and operating a desalination plant. Mr. Dodson further explained the first phase of the study, including the cost, as well as elements of the next phase, which would be to develop a more detailed study of systems approaches to desalination. City Secretary Chapa noted that the action item authorizing the research study was Item 6 on the day's agenda, for which he read the agenda caption. Council Member Capelo asked why it was necessary to construct a demonstration desalination facility. Mr. Dodson said that until such a facility is developed, it is very difficult to address many of the questions that are involved. Council Member Gonzales questioned the need for another desalination study. Mr. Dodson replied that the preliminary study would be conducted over the next few months, and in the meantime, sources of funding would continue to be identified for the much larger study which would set the stage for the demonstration project. He added that officials are very interested in the concept of having a private company build the facility, but much more information was needed. Council Member John Longoria said he thought the study was a good start, and he added that there were many other regional water issues that needed to be addressed, which he described. A brief discussion ensued. Council Member McNichols emphasized that the city is responsible for supplying both short- term and long-term water supplies to the whole surrounding region, which will consist of about 500,000 people. He said that since water technology continues to evolve, it was important to conduct another study of desalination. Minutes Regular Council Meeting June 17, 1997 Page 6 Dr. Gonzales said he strongly supports a study of desalination in general, but he reiterated his concern about approving this agreement at this time. Mr. Dodson said this was a very cautious and purposely phased approach to desalination, and the Council would have further opportunities to review it. Council Member Betty Jean Longoria said she supported the study. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien asked how credible this study will be, saying that Central Power and Light representatives had stated that CPL would be working with the TAMU-CC study. He said that any Council members with any ties to CPL should abstain from voting on this agenda item to prevent any appearance of impropriety. He also disputed comments made by the local newspaper about the Corpus Christi Taxpayers Association. Mayor Neal replied that he did not know of any current Council members who had ties to CPL. Mr. Neal Trolinger asked how many experts in the field of desalination will be participating in the study. He quoted statistics of the number, capacity, and cost of desalination plants operating around the world, and he added that the American Desalting Association will be holding its convention in San Antonio in September. Mr. R.F. Hasker criticized a hearing that was held in Uvalde concerning the water pipeline. Mr. Abel Alonzo said he supported the study, adding that it will benefit the community. Mr Jimmie Till also expressed his support of the study. Mr. Albert Sifuentes said he wished to discuss the maintenance of cemeteries in the city. Mayor Neal pointed out that the Council was hearing comments about Item 6, and he asked Mr. Sifuentes to address that issue later in the meeting. City Secretary Chapa polled the Council for their votes as follows: 6. M97-153 Motion authorizing the City Manager or his designee to execute a research agreement in the amount of $14,665 with the Texas Engineering Experiment Station for a "Preliminary Study of Desalination for Meeting Future Water Needs of the Corpus Christi Region." The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Cooper absent. Minutes Regular Council Meeting June 17, 1997 Page 7 Mayor Neal opened discussion on Item 7, freshwater inflows to the Nueces Estuary. Mr. Dodson introduced representatives of state agencies and other organizations who have been working with city staff on this proposal: Dr. Larry McKinney, Mr. Al Green, and Mr. Smiley Nava, Texas Parks and Wildlife Department (TPWD); Mr. Bruce Moulton, Texas Natural Resource Conservation Commission (TNRCC); and Mr. Ray Allen, Coastal Bend Bays Foundation (CBBF). Mr. Dodson then gave a brief history of the freshwater inflow operating plan. He explained that in early 1996 staff approached the Nueces Estuary Advisory Council (NEAC) with a proposal to suspend the pass-through requirement when the reservoir system total falls below 40% of capacity and drought condition II is implemented. The city then filed a motion with TNRCC to amend the operating plan using that proposal, but was met with opposition from several state agencies. As a result, the city requested a continuance of the motion, which was granted. Subsequently, the CBBF submitted to the city a management plan to recycle additional wastewater effluents into the Nueces Estuary, particularly the Nueces Delta, which would also increase the amount of dependable water supply in the reservoir system. Using several visual aids, Mr. Dodson discussed in depth the current inflow locations; conditions of the 1995 freshwater inflow operating order; and the proposed approach to deliver 1,800 acre-feet per month of return flows to the Nueces Delta on a continuing basis through a new treated water collection and distribution system. He also further discussed the return flow delivery system, including plans to modify the city's wastewater system to provide additional effluent diversions; the proposed operating plan; and resulting projections of the reservoir system yield. Mr. Dodson said the cost of the whole project --about $13 million --would be offset by the increases in reservoir system yield. Mr. Dodson noted that under the proposed agreement, the city would realize the immediate benefit, as granted by the TNRCC, of suspension of the current freshwater inflow requirements while the diversion plan is being developed and put into effect. Mr. Ken Choffel, of HDR Engineering, compared aspects of the 1960s drought and the current drought, and he noted that the proposed project is very economical in terms of the yield gain versus the cost. Mr. Dodson also explained the process of developing this proposal as well as specific aspects of the agreement in principle and estimated costs. Council Member Martin posed several questions about the proposal. Responding to one question, City Attorney Bray said that since the system would be gaining firm yield through this project, it could be considered a new water source and the cost could therefore be passed through under the cost of water. Mr. Dodson added that the agreement in principle specifically excludes the operation of the Lake Texana pipeline. Mr. Martin said he had also discussed with Mr. Allen and the CBBF the issue of inflows into the Oso, and he further commented on the issue of firm yield. Minutes Regular Council Meeting June 17, 1997 Page 8 Council Member Garcia asked about the reaction from the refinery representatives about this proposal, and Mr. Dodson replied that they were very supportive. He added that staff will have to work with them very closely through the process for various reasons, and he briefly addressed the permitting process. Council Member Gonzales said he thought this was an excellent plan, and he commended Mr. Allen and the CBBF. He added that it is also a good economic development plan. Mr. Dodson added that the agreement in principle includes an educational component in recognition of the importance of educating the public about this issue. Council Member McNichols discussed the cost of the project, and he asked Mr. Dodson to further explain the three zones of the freshwater release requirements under the proposed operating plan. Dr. McNichols emphasized that under the proposal, the pass-throughs would only be suspended if the reservoir system falls below 50% and drought condition I is implemented. In reply to Dr. McNichols, Mr. Moulton of the TNRCC said the discussions that have taken place so far have been supported by the TNRCC staff and executive director. He added that the TNRCC chairman has recused himself from any deliberations because of discussions he had had on the water issue with former Mayor Mary Rhodes and now Mayor Neal. In response to another question from Dr. McNichols, Dr. McKinney of the TPWD discussed the biological evidence of enhanced productivity in the estuary as a result of the releases under the current operating plan. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said the Council was being required to make a last-minute decision on this proposal, and he referred to a policy of maintaining the level of Lake Mathis at 91 feet. Mr. Neal Trolinger asked for clarification of the policy that attempts to reduce the amount of evaporation in the reservoirs, which Dr. McNichols explained. Mayor Neal commended staff for their efforts on this proposal. City Secretary Chapa polled the Council for their votes as follows: 7.a. M97-154 Motion authorizing the City Manager or his designee to execute an agreement in principle with the Texas Natural Resource Conservation Commission, the Texas Parks and Wildlife Department, the Texas Water Development Board, the Texas General Land Office, and the Minutes Regular Council Meeting June 17, 1997 Page 9 Coastal Bend Bays Foundation regarding freshwater inflows for Nueces Bay. The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 7.b. M97-155 Motion authorizing the City Manager or his designee to request a further continuance until October 15, 1997 from the Texas Natural Resource Conservation Commission on the City's motion to amend the 1995 Order on Freshwater Inflows to the Nueces Estuary until October 15, 1997. The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. 7.c. M97-156 Motion authorizing the City Manager or his designee to request that the Executive Director of the Texas Natural Resource Conservation Commission grant administrative relief from freshwater inflow requirements whenever the Choke Canyon/Lake Corpus Christi Reservoir System is below 50% during the period of July, August and September, 1997. The foregoing motion passed by the following vote: Neal, Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, amendment to the platting ordinance regarding half -street construction. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said staff is proposing that if a street is not essential to a subdivision's development and it falls on a property line, in lieu of the street construction, the developer will be asked to place funds into an infrastructure trust fund. When the development on the other side of the subdivision occurs, the money in the trust fund plus the other developer's share would be used to build the street. He added that the Planning Commission was recommending the proposal. Responding to Council Member Martin, Mr. Crull discussed exceptions that are outlined in the platting ordinance. After a brief discussion, Mr. Martin said he thought the proposal should be amended to Minutes Regular Council Meeting June 17, 1997 Page 10 include the approval of the Council in the process. Mr. Hennings said staff would bring back a motion to amend prior to second reading. In reply to Council Members Garcia and Martin, Mr. Crull further discussed specific aspects of the proposal. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. FIRST READING ORDINANCE Amending the Platting Ordinance by providing that the City may postpone half street construction until such time as full street construction is necessary by requiring that any owner of any tract of land who divides the same into two or more parts by platting must pay cash in lieu of constructing half -street improvements and/or related infrastructure improvements before final plat recordation; providing for penalties; providing for severance; providing for publication. The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. ************* Mayor Neal opened discussion on Item 9, change to the Plumbing Code. In reply to Council Member Martin, Mr. Tom Utter, Assistant City Manager for Development Services, briefly discussed the effective date of this ordinance. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9.a. FIRST READING ORDINANCE Amending the Standard Plumbing Code, adopted by Section 13-6, Code of Ordinances, City of Corpus Christi, to require that any irrigation system located within the right of way between the sidewalk and curb and similar areas shall use drip emitters or soaker type hoses instead of spray heads; providing for penalties; providing for severance; and providing for publication. The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia, Minutes Regular Council Meeting June 17, 1997 Page 11 Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 9.b. FIRST READING ORDINANCE Amending the Standard Administrative Chapter of the City of Corpus Christi Technical Construction Codes, as adopted by Section 13-1, Code of Ordinances, City of Corpus Christi, to add a licensed irrigator to the Mechanical/Plumbing Advisory Board; providing for severance; providing for publication. The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Before moving to the consent agenda, Mayor Neal noted that a citizen had been waiting to address the Council. Mr. Albert Sifuentes said he was concerned about the condition of some local graveyards, including one in which veterans are buried. Mayor Neal then called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 10 through 24, and Council Members requested that Items 11, 13, 15, 20, and 24 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 10. M97-157 Motion approving supply agreements with the following companies for the following amounts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCOG-97-3 for food items which include canned and frozen fruit and vegetables, meats, and condiments for an estimated six month expenditure of $69,451.03 based on low bid, low bid meeting specification and only bid. The term of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds are budgeted in FY 96-97, and requested for FY 97-98 by Senior Community Services. Sysco Food Service Corpus Christi. TX $19,112.58 U. 5. Foods San Antonio. TX $17,033.87 Alliant Food Service Austin. TX $12,698.75 Minutes Regular Council Meeting June 17, 1997 Page 12 Glazier Foods Co. Houston. TX $9,136.13 Olsen Kessler Meats Corpus Christi. TX $2,021.62 Grand Total $69,451.03 Labatt Food Service Corpus Christi. TX $9,448.08 The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 12. M97-159 Motion authorizing the City Manager or his designee to negotiate with Shiner, Moseley and Associates for engineering services associated with preparation of design and contract documents necessary to construct Sector 7 of the J.C. Elliott Landfill. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 14. M97-161 Motion authorizing the City Manager or his designee to execute a contract in the amount of $92,730 with Quality Machine and Equipment Co. for the O.N. Stevens Water Treatment Plant: Basin 3 & 4 Flocculator Repair (Bull Gears and Bearings) project. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 16.a. M97-164 Motion authorizing the City Manager or his designee to accept a renewal grant and execute a contract in the amount of $44,035 with the Corporation for National Community Service for the continuation of the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 16.b. ORDINANCE NO. 022957 Ordinance appropriating $44,035 from the Corporation for National and Community Service to the No. 162 State and Federal Grants Fund for the continuation of the Retired and Senior Volunteer Program. Minutes Regular Council Meeting June 17, 1997 Page 13 An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 17. ORDINANCE NO. 022958 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with the Corpus Christi Beach Association to maintain banners within the Corpus Christi Beach area along each of the following street section: Burleson Avenue, between U. S. 181 and Surfside Boulevard; Timon Boulevard, between Burleson Avenue and E. Surfside Boulevard; Surfside Boulevard, between Burleson Avenue and E. Surfside Boulevard; E. Surfside Boulevard, between Coastal Avenue and Pearl Street; Aquarium Boulevard, between Pearl Street and South Terminus; Pearl Street, between E. Surfside Boulevard; No. Shoreline Boulevard; and No. Shoreline Boulevard 'Bus Turn -around' Terminus; No. Shoreline Boulevard between Pearl Street and Coastal Avenue; and Coastal Avenue, between No. Shoreline Boulevard and E. Surfside Boulevard; for $100 consideration. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 18. ORDINANCE NO. 022959 Ordinance authorizing the City Manager or his designee to execute an agreement with Central Power & Light Company for the second phase of street lighting improvements in the "78415 Zip Code Area" to support the prevention and reduction of juvenile crime. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 19. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a consent to (A) an assignment and assumption agreement between Dollar Rent A Car Systems, Inc. ("Dollar") and JFC Leasing, L.L.C. ("JFC"), and (B) an assignment from Dollar to JFC and Amendment No. 1 to the lease with JFC which assigns the Rent-A-Car concession agreement dated October 30, 1991 between Dollar and the City to JFC, on the same terms and conditions set out therein, except that the lease is currently on a month to month basis ending December 31, 1997, for counter space, office space, ready car space, automotive repair facility, and joint use of common areas at Corpus Christi International Airport, in consideration of payment of the Minutes Regular Council Meeting June 17, 1997 Page 14 greater of $9,333.00 per month or 10% of gross revenues per month; providing for publication. The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 21. ORDINANCE NO. 022961 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 second reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 22. ORDINANCE NO. 022962 Authorizing the City Manager or his designee to execute a 10 -year lease with Oso Little Miss Kickball League for Tracts 1 & 2 South Guth Park in consideration of Oso Little Miss Kickball maintaining premises and improving and offering a kickball program; and providing for publication. The foregoing ordinance passed on second reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 23. ORDINANCE NO. 022963 Authorizing the City Manager, or his designee, to execute five year lease with Tejas Bowmen Archery Club for approximately 40 acres of City Property along Allison Drive designated as tracts "A" and "B", Nueces View Tracts, for an archery range in consideration of Tejas Bowmen Archery Club maintaining the premises. The foregoing ordinance passed on second reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. Minutes Regular Council Meeting June 17, 1997 Page 15 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, pumping plant fence installation. Responding to Council Member Martin, Mr. R.H. Shackelford, Director of Engineering Services, said he thought that there may have been so few bidders on this project because it was in excess of $15,000 and required a bid bond and performance and payment bond. Mr. Martin asked staff to call a few of the local fence companies to inquire why they did not bid on this project. City Secretary Chapa polled the Council for their votes as follows: 11. M97-158 Motion authorizing the City Manager or his designee to execute a contract in the amount of $41,040 with Imperial, Inc. for the J.W. Cunningham Pumping Plant: Sludge Lagoon Fence Installation project. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. ************ * Mayor Neal opened discussion on Item 13, ongoing pump rehabilitation and maintenance. Council Member Garcia questioned the large range of the bid amounts. City Manager Hennings replied that the type of work required for this project is unique, making it necessary for the bidder to come to the site in order to make an accurate estimate of the cost involved, which some companies do not do. Mr. Shackelford added that the low bidder, Quality Machine and Equipment Company, has experience with this type of work, which benefitted them in preparing their bid. Mr. Garcia also asked about the varying requirements among different projects of the minority business enterprise participation. Mr. Shackelford replied that each project is evaluated to determine if those enterprises are available in the community. City Secretary Chapa polled the Council for their votes as follows: 13. M97-160 Motion authorizing the City Manager or his designee to execute a contract in the amount of $88,424 with Quality Machine and Equipment Co. for the O.N. Stevens Water Treatment Plant and Pumping Plants: FY 1997 On-going Pump Rehabilitation/Maintenance Program, Minutes Regular Council Meeting June 17, 1997 Page 16 Phase II. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, and Neal voting "Aye"; Cooper, Martin, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, grant renewals for nutrition programs. Council Member Garcia asked if there was a chance that those grants would not be renewed. City Manager Hennings replied that he did not think that those monies would be jeopardized. City Secretary Chapa polled the Council for their votes as follows: 15.a. M97-162 Motion authorizing the City Manager or his designee to accept a renewal grant and execute a contract in the amount of $533,028 with the Coastal Bend Council of Governments for the continuation of the Elderly Nutrition Program. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 15.b. ORDINANCE NO. 022955 Ordinance appropriating $533,028 from the Texas Department on Aging through the Coastal Bend Council of Governments in the No. 162 State and Federal Grants Fund for the Elderly Nutrition Program. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 15 c M97-163 Motion authorizing the City Manager or his designee to accept a renewal grant and execute a contract in the amount of $125,815 with the Texas Department of Human Services for the continuation of the Meals on Wheels program. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. Minutes Regular Council Meeting June 17, 1997 Page 17 15.d. ORDINANCE NO. 022956 Ordinance appropriating $125,815 from the Texas Department of Human Services in the No. 162 State and Federal Grants Fund for the Meals on Wheels Program. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, hospital zone on Alameda Street. Council Member Garcia noted that the school zone in front of St. Patrick's Elementary on Alameda is included in the hospital zone, which will have a speed limit of 20 miles per hour between the hours of 7 a.m. and 6 p.m., when the flashers are operating, from Texan Trail to Ropes Drive. He questioned whether the school zone signs were really necessary since the speed limit will be controlled by the existence of the hospital zone. City Manager Hennings said that since the hospital zone incorporates a long portion of Alameda Street, enforcement of the 20 MPH speed limit will be a problem. As a result, he said he would be very reluctant to eliminate the school zone signs because they draw the attention of the motorists to the existence of the school there. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 022960 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 second reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 24, Storm Water Management Advisory Committee. He requested input from the Council members and staff concerning suggestions for possible members for this committee. Minutes Regular Council Meeting June 17, 1997 Page 18 Council Member Martin made a motion to amend the ordinance to include a "sunset" provision of 24 months, seconded by Council Member Gonzales, and passed unanimously (Cooper and McNichols absent). City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 022964 Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration, by establishing the Storm Water Management Advisory Committee; providing for the abolition of the committee; providing for severance; and providing for publication. The foregoing ordinance passed on second reading, as amended, by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to the following sections of the Texas Government Code: Section 551.074, to discuss Municipal Court judge appointments with possible action thereon in open session; Section 551.071, regarding Onesimo Cruz v. City of Corpus Christi, No. 89-4954-D, 105th District Court, Nueces County, Texas, with possible action thereon in open session; and Section 551.071, to receive the advice of the City Attorney on and review all litigation and potential litigation involving the City of Corpus Christi. The Council went into closed session. The Council returned from closed session. Council Member Martin, a member of the Council's Municipal Court Committee, said he and the other committee members interviewed applicants for the Municipal Court judge positions that morning. Based on that, the committee made a recommendation on the judge appointments, which Mr. Martin stated in the form of a motion as follows: that Rodolfo Tamez be reappointed as Municipal Court Presiding Judge; that Don Alex be reappointed as Municipal Court Judge; that Nelva Gonzales Ramos be appointed as Municipal Court Judge; and that Julianna Rivera be appointed as the part-time Municipal Court Judge. The motion was seconded by Council Member Gonzales. Mayor Neal called for a voice vote on the motion, and it passed by the following vote: Capelo, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia voting "No"; Cooper and McNichols absent. Minutes Regular Council Meeting June 17, 1997 Page 19 M97-165 Motion reappointing/appointing the following judges, effective June 24, 1997, to terms coterminous with the City Council: a. Rodolfo Tamez (reappointment) as Presiding Judge of the Municipal Court of Corpus Christi, Texas, and Judge of Division A; b. Donald Alex (reappointment) as Judge of the Municipal Court of Corpus Christi, Texas, Division B; c. Nelva Gonzales Ramos as Judge of the Municipal Court of Corpus Christi, Texas, Division C; d. Julianna Siracusa Rivera as Judge of the Municipal Court of Corpus Christi, Texas, Division E. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings said the key issue updates on next week's agenda will include youth issues, Police Department staffing, and land use planning on the northside area. He said there will also be a budget discussion next week, as well as a proposed resolution to adopt the city's investment policy. He said the investment management staff wished to give the Council members a presentation during lunch next week and show them around the city's Finance Department. There will also be a budget workshop beginning at 9 a.m. on July 1st, and there will be a briefing on the Gateway Project during the July 8th meeting. Mr. Hennings added that Elizabeth Street next to Spohn Hospital would be closed for five days beginning tomorrow in connection with construction there. In his report, Mayor Neal thanked staff for their responses to several budget -related questions raised by the Council members. He also thanked the Council for their unanimous support of the water issues before them at that meeting. Mayor Neal called for Council concems and reports. Council Member Betty Jean Longoria requested an update on the status of the factory outlet mall; a presentation on the buy-out program; and she commented on the need for more benches at Sherrill Park. Council Member Capelo commended Mr. Hennings and the veterans' organizations for their efforts on the patriotic ceremony June 14th for Flag Day and U.S. Army Day. He again requested a chronological listing of the events related to the Lighthouse Restaurant lease. He asked who to speak with regarding the pro hockey lease, and Mr. Hennings said he would discuss that issue with Mr. Capelo. Minutes Regular Council Meeting June 17, 1997 Page 20 Council Member Gonzales said he had requested an organizational chart of the Greater Corpus Christi Business Alliance. Mr. Hennings said he had written to Mr. Keith Arnold, and he would follow up with him on it. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:30 p.m. on June 17, 1997. * * * * * * * * * * * * *