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HomeMy WebLinkAboutMinutes City Council - 06/24/1997I 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 24, 1997, which were approved by the City Council on July 8, 1997. WITNESSETH MY HAND AND SEAL, this 8th day of July, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 24, 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 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 the Rev. Tom Huser, First Presbyterian Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member McNichols. 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 17, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal announced that the swearing in ceremony would be held for Municipal Court Judges Rodolfo Tamez, Don Alex, Nelva Gonzales Ramos, and Julianna Rivera. City Secretary Chapa administered the oath of office, and the audience responded with their applause. Presiding Judge Tamez expressed his appreciation to the Council, particularly the Council's Municipal Court Liaison Committee, and to his supporters. He said the judges and the Municipal Court staff will work hard to provide the best, most efficient court for the citizens. * * * * * * * * * * * * * The Mayor said he would deviate from the day's agenda in order to discuss Item 8, Wesley Seale Dam engineering services contract amendment. Minutes Regular Council Meeting June 24, 1997 Page 2 Before that discussion began, City Manager Hennings announced that on June 24 the combined capacity of the city's two reservoirs had increased to 40.5%; specifically, Lake Corpus Christi was at 77% of its capacity and Choke Canyon Reservoir was at 27% of capacity. He said the lake levels are expected to continue to rise over the next two weeks to 45% of capacity. As a result, under the terms of the city's water conservation and drought contingency plan, the drought condition in effect can be changed from Condition III back to Condition I, which is the condition normally in effect when the lake levels are between 40% to 50% of capacity. Mr. Hennings explained that the Condition I provision that affects most people is the odd/even watering for lawns (but not between the hours of 10 a.m. and 6 p.m. each watering day). Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, also described how the recent rains around San Antonio are affecting rivers that flow into Corpus Christi's reservoirs. Council Member McNichols suggested that staff and the Water Conservation Advisory Committee consider the issue of the effect of state -mandated freshwater releases once the system capacity reaches 50%, and he cautioned against eliminating water conservation efforts too quickly. Council Member Betty Jean Longoria asked about the effect of the rising level of the Nueces River on the citizens who live in that area. Mr. Crull said the citizens have been made aware of the fact that the river will rise for a period of time. Responding to Council Member Gonzales, Mr. Crull said he predicts there will be 60,000 to 70,000 acre-feet of inflow into the Choke Canyon reservoir, which would result in 6% to 7% of total reservoir capacity. Mayor Neal said he moved the discussion of Item 8 to the beginning of the Council meeting due to much interest in that issue. City Secretary Chapa then read the agenda caption for Item 8: Motion authorizing the City Manager or his designee to authorize Freese & Nichols, Inc. to continue with the installation of instrumentation and soils investigation at the Wesley Seale Dam in an amount not to exceed $125,000. Mr. Hennings stated that based on a preliminary soils test and a resulting estimate of the safety factor of the Wesley Seale Dam, the city's outside engineering consultant on May 15, 1997, recommended that the lake level in Lake Corpus Christi be limited to 91 feet as an interim measure. He said the consultants recommended that a detailed engineering investigation be carried out to determine if the dam will, in fact, be safe when it is full at 94 feet. The engineering investigation will take four to five months to complete, and if it is determined that modifications need to be made to the dam, that may take two years. Mr. Hennings added that the dam's gates are set at 91 feet, and yesterday the lake rose to that level; consequently, water began to spill over the dam. The City Manager noted that the Wesley Seale Dam was built in 1958, and has served this area well for 40 years. He said a program of annual inspections, which began in 1970, is required Minutes Regular Council Meeting June 24, 1997 Page 3 under the Federal Safety of Dams Act and they have been performed by a local firm, Russell-Veteto Engineering. In the 1993 annual inspection report of the dam, Russell-Veteto recommended that an engineering consultant be retained to conduct additional studies to develop a program of repairs for the items which had been identified; other items were identified during subsequent annual inspections. Mr. Hennings explained that the principal engineer for Freese & Nichols Inc. on the dam gate rehabilitation project began to work with city staff to develop a consulting contract to perform the additional studies as recommended, which was presented and approved by the City Council on October 22, 1996. That engineer also recommended that last year's annual inspection of the dam include a survey of the dam's structure, which indicated that there was some deflection of the dam's structure in the downstream direction. In addition, he said that Freese & Nichols completed a preliminary soil test in April 1997, which allowed them to complete a preliminary stability analysis of the dam. A Freese & Nichols representative met with Mr. Hennings on April 30, 1997, and presented an oral report indicating the safety factor of the dam was not as high as it should be. The representative also said there are a number of additional actions which should be taken to ensure the dam's safety. Mr. Hennings said he authorized and directed the consultant to carry out that work as expeditiously as possible, which he reported to the Council in a memo dated May 5, 1997. The consultants met with Mr. Hennings a second time on May 15, 1997, and presented their conclusions and recommendations in a written report. For the first time, they recommended that the level of Lake Corpus Christi not exceed 91 feet as an interim measure until their engineering investigation is completed. Mr. Hennings said the city brought in an independent consultant who is an expert in dam work to review the work done by Freese & Nichols, and he concurred with their recommendation about keeping the lake level at 91 feet. Subsequently, city staff briefed officials with the dam safety section of the Texas Natural Resource Conservation Commission (TNRCC), who also concurred with the interim measures. On May 20, 1997, the City Council ratified the City Manager's action to authorize the consultants to proceed expeditiously with the engineering work while a formal contract amendment is being prepared, which will not be ready until July 15th. Consequently, Mr. Hennings said he was recommending that the Council again authorize the consultants to continue their work until July 15th when the formal contract is presented. Mr. Crull referred to diagrams of the Wesley Seale Dam and described several aspects of its design. Mr. John King, principal engineer with Freese & Nichols consulting engineers, introduced Dr. Ron Waters, an associate with Freese & Nichols. Dr. Waters explained that that firm was involved with the gate rehabilitation project at the dam beginning in 1993. He said in the course of that project, the engineers also detected the bulge in the spillway hearth slab which had been identified during the 1993 annual inspection by Russell-Veteto Engineering. Minutes Regular Council Meeting June 24, 1997 Page 4 Dr. Waters said the hearth slab, which is downstream of the dam's buttresses, varies in thickness but is about 18 inches thick. He described the abnormality of the bulge in the hearth slab and noted that Russell-Veteto was authorized in 1993 to survey the slabs in the north and south spillways. He said that information was provided in the next annual report. In addition, he said Freese & Nichols recommended that an alignment survey along the nose of the buttresses be conducted, and the city again authorized Russell-Veteto to take that action, which was presented in the annual report of 1996. All that time Freese & Nichols was involved in the rehabilitation of the gates. Dr. Waters then described the issue of' the factor of safety of the dam. He said that after offsets had been detected in 1996, the city authorized Freese & Nichols to look specifically at the history and background of the dam to see if there was any cause in the dam's original construction that would explain the uplift in the slabs. He said they could find no indication that the bulges in the slabs were created during the dam's early construction. However, they did find that during the construction there was a dispute between the contractor and the design engineer about the effectiveness of the sheetpile cutoffs. The city hired an independent consultant (Carl Vetter) to review the stability of the dam, the uplift pressures under the dam, and the effectiveness of the sheetpiles. The consultant's recommendations resulted in the installation of a clay blanket on the upstream side and relief wells; in addition, for the first three years of the dam's operation, the gates remained down at elevation 88 feet, which allowed silt to develop in the bottom of the lake. Since the investigation into the dam's construction records did not explain the presence of the bulge, Freese & Nichols was authorized to collect engineering data to evaluate the dam's stability. Using the current standards, they found that the factors of safety were much lower than what was initially suggested when the dam was constructed (at that time, a factor of safety greater than 2.0 on the south spillway, and about 1.7 on the north spillway). He said Freese & Nichols' analysis indicated that the factor of safety is really about 1.0, which he said is very minimal. Dr. Waters said the engineers informed city officials of that situation on May 15, as Mr. Hennings had stated. Dr. Waters said the investigation indicates that the dam has moved downstream three to four inches, which is evidence of a problem. Dr. Waters continued that the engineers do not know at this time the extent of the uplift pressures under the dam, and they have a program to collect the data to determine that, which should take five to six months. Mayor Neal said the question of many people, including the Council members, is what was the cause of the delay from 1993, when the bulge was detected, to October 1996, when the detailed engineering studies were initiated. Dr. Waters said the engineers had to first resolve the issue of whether the bulge was caused during the dam's construction, which took some time. Next, he said, they had to quantify the bulge itself and study the alignment of the piers to determine if there were any other indications of movement. He emphasized that this problem was not ignored and Minutes Regular Council Meeting June 24, 1997 Page 5 progressive steps have been taken to address it. Mayor Neal said the annual inspection reports of the dam for 1993, 1994, and 1995 recommended that the problem be monitored. He said there is a concern in the community that the actions being taken now on the dam could have begun in the 1994-95 time frame. He added that a contributing factor has been the recent heavy rains, which have raised the lake level. Dr. Waters noted that Freese & Nichols was not involved in the preparation of the annual inspection reports, which was the responsibility of Russell -V eteto. He added that if the recommendation was to monitor the situation, it usually meant to review it again the following year to see if any significant change occurred, which was done. Responding to Council Member Capelo, Dr. Waters said the bulge was an indication of distress occurring in the dam structure. He said the bulge could have been caused by many factors, which were investigated and studied, and which he briefly described. Mr. Capelo asked if there is any way to shorten the next phase of testing and analysis. Dr. Waters responded by explaining the complexity of the tests to be conducted, adding that the recommended program was as aggressive as could be. Mr. Capelo asked when the engineers knew that additional repair work on the dam would probably be needed, and Dr. Waters said they determined that on May 15, 1997. He said they had to proceed one step at a time to find out what was causing the bulge. In reply to Council Member Garcia, Dr. Waters said that in order to repair the dam, the lake level will have to be controlled. And in order to do that, they may have to let the gates down in one spillway while the gates are up in the other spillway while repairs are being made. Council Member Gonzales asked several questions, and Dr. Waters reiterated that the bulge was not first detected until the annual inspection of 1993. He said that in 1991 Freese & Nichols was awarded an engineering services contract to conduct the initial inspection of the gates and then designed the rehabilitation of the gates in 1992. He stated that he did not think the process of rehabilitating the gates would have contributed to the bulge. In addition, he said Freese & Nichols was not involved in the inspection of the spillways or the buttresses until 1996. In response to another question from Dr. Gonzales, Dr. Waters said the Corps of Engineers only oversees the safety of federal dams, not municipal dams, which is the responsibility of the TNRCC. Council Member Martin noted that once the level of Lake Corpus Christi reaches 94 feet, water would begin to spill, and Mr. Hennings said the city has lost 55,000 acre-feet, which would have occurred anyway within two weeks when the lake would have filled to capacity. Responding to Mr. Martin, Dr. Waters said that there are indications of movement of both the basin and the piers. Mr. Martin asked what, in Dr. Waters' professional opinion, would he have done differently in this situation. Dr. Waters replied that if he had 20/20 hindsight, once the bulge was detected they could have gone back and immediately requested the money to start exploring and drilling holes Minutes Regular Council Meeting June 24, 1997 Page 6 through the buttress. However, he said, he believes the thought process was logical because the engineers felt certain possible causes --including whether the dam was built that way --needed to be eliminated first before any drilling began. Mr. Martin commented on the need to involve the Council in the notification process that there is a concem with the dam. He said that he was aware of the gate rehabilitation project and testing being conducted on the dam, but he was not aware that the tests were due to an observed problem. Council Member McNichols said he was thankful that this problem did not involve the much newer, larger Choke Canyon Dam, which is the city's more important storage reservoir in terms of the region's water supply. Mr. Capelo requested the dates of the follow-up studies that were conducted after the bulge was detected in 1993, and Mr. Hennings said staff would provide that information. Dr. Waters briefly described the studies conducted by Freese & Nichols, including the background studies and physical studies. Responding to Dr. Gonzales, Mr. Hennings reiterated that the city was going back to Condition I from Condition III, which meant that people could begin watering their lawns every other day, and fountains could begin flowing again. Mayor Neal called for comments from the audience. Mr. Phil Rosenstein said this was a classic example of the lack of communication at City Hall. He said the public wants to know, if city staff knew of this problem in 1993, why they did not inform the Council about it. Mr. Rosenstein said he spoke with former City Manager Juan Garza the night before, and he said he did not know about the 1993 report concerning the bulge. He also questioned why the public was not notified of this situation. Mr. Neal Trolinger asked that the Council declare an emergency with regard to the dam, and that they put the construction of the Lake Texana pipeline on hold. He said it appears the city may be expending that money to repair the dam. He suggested that someone call the Bureau of Reclamation regarding their position on dam safety. Mr. J.E. O'Brien, 4130 Pompano, asked if the engineers' work could have been expedited if the inspections had occurred more frequently after the initial discovery of the bulge. He also questioned a letter to Mr. John King that was contained in the Council's agenda packet of June 24th. Mr. Byron Wooldridge, 6705 Deerwood, a mechanical engineer, there were some monitor systems that possibly could be employed at the dam. Mr. Hennings responded to Mr. O'Brien's comment about the letter in the Council's agenda Minutes Regular Council Meeting June 24, 1997 Page 7 packet addressed to Mr. King. He noted that the word "Draft" is clearly stamped on the letter and it is unsigned, and it is meant to illustrate the action that is before the Council. Mr. John Hartley, 3925 Sandy Hollow, questioned why simple surveys were not conducted to determine if the dam had moved. Mr. R.F. Hasker, 1813 Wallace, said that according to the local radio talk shows, the public feels it is not being given all the information on this situation. He also disputed rain amounts being reported by city officials. Mr. Roy Jarbeaux, 3462 Picadilly, said this appears to be a situation of neglect, and he said the Council has a big job to restore the community's confidence that its water needs will be met. Mr. James Peres, 4801 River View Trail, said that Lake Corpus Christi would lose Less water through evaporation than Choke Canyon. Mr. Robert Veal, Pernius Point on Lake Corpus Christi, questioned whether a pipeline could be built from the point where the three rivers feeding Lake Corpus Christi meet to the Choke Canyon Reservoir, and he suggested that the problem with the dam be repaired instead of spending more money studying the situation. Dr. McNichols commented that the idea of diverting water from the rivers to Choke Canyon was studied and it was determined that that was not cost effective. Mr. Hennings added that Choke Canyon is the larger of the two reservoirs, and is more efficient in terms of evaporation loss. He noted that during cloudy days there is much lower evaporation loss, which means that there is no set rule for predicting the daily rate of evaporation. In reply to Council Member John Longoria, Mr. R.H. Shackelford, Director of Engineering Services, said that on July 15, 1997, staff will bring to the Council a contract amendment which will reflect all of the work they think needs to be done at the dam. He said that yesterday he and Mr. Eduardo Garana, Water Superintendent, met with TNRCC officials to receive their agreement on the testing procedures and instrumentation that should be installed. Mayor Neal said the Council is acutely aware that this issue is a major concern in the community. He added that this is a new Council, and they expect to be kept informed and will try to ensure that in-depth analyses are conducted. Dr. Gonzales said he agreed with the Mayor that the Council and the city need to move forward and make sure that the dam is safe, but at the same time he felt it is important to look backward and determine how the lack of communication on this issue occurred. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting June 24, 1997 Page 8 8. M97-171 Motion authorizing the City Manager or his designee to authorize Freese & Nichols, Inc. to continue with the installation of instrumentation and soils investigation at the Wesley Seale Dam in an amount not to exceed $125,000. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal returned to the regular order of the agenda and called for petitions from the audience. Mr. Joe Minervini, 13705 Three Fathoms Bank Dr., expressed concern about the public skating sessions being proposed in the lease of the Memorial Coliseum for ice hockey use. He said those skating sessions will directly compete with his business (City Skates). He also discussed different ways that he and his wife have been active in this community, including providing free skating for many organizations. Mr. Jim Moloney, President of the Corpus Christi Symphony Society, said that funding is limited for arts organizations in this city. He said the symphony's budget is in excess of $400,000 to present 10 concerts and other activities per year. The symphony has requested $20,000 in assistance from the city, which is not being recommended for funding in the proposed city budget. He urged the Council to not cut arts funding. Mr. Ray Baker, 6702 Everhart Rd., said he represented about 20 roller hockey players who were supportive of the lease for the professional ice hockey team. Mrs. Deborah Montez, 405 Angelo Dr., discussed the problem of standing water on the corner of Angelo and Longview, and a safety concern at the curve to Beverly Drive at the end of Angelo Drive. Mr. Peter Miller, 3633 Capri, read from and discussed several aspects of the hockey lease, and he added that Corpus Christi taxpayers should not be subjected to any liability with regard to that lease. Mayor Neal reminded the speakers that the petitions from the audience are intended to be on matters not scheduled on the day's agenda. Responding to Mr. Miller's comments, City Manager Hennings said the hockey lease is structured to be a non-profit activity in a non-profit facility (Memorial Coliseum). Minutes Regular Council Meeting June 24, 1997 Page 9 Mr. J.E. O'Brien said he thought that the city's credibility was probably at an all-time low. He suggested that the citizens be allowed to accept or reject the Garwood contract. Mr. Neal Trolinger said he agreed with Mr. O'Brien's proposal. He also said that staff has frequently supplied inaccurate information to Council members on which they base very crucial decisions. He said he thought that the Council should revisit all the water options since the cost and safety factors have changed. Mr. John Hartley questioned a new plan for the use of effluent. He referred to meetings held by the Citizens Advisory Committee to study desalination beginning in September 1994, including the development of a conceptualized design for a desalination plant in Corpus Christi. He offered his assistance to the Council on that issue. Mr. Byron Wooldridge said he was president of the South Texas Research Foundation, formerly known as the Community Technical Support Group. He cautioned against spending more money on the studies of desalination beyond the approved study to be conducted by Texas A&M University -Corpus Christi (TAMU-CC). * * * * * * * * * * * * * Mayor Neal called for the presentations. Ms. Yvonne Haag, Assistant to the Mayor, discussed the "July 4th Big Bang Celebration." She introduced some of the people who have been active in planning that event: Debbie Lindsey -Opel, Vic Menard, Police Capt. Carolyn Byrd, and Ramiro Chavez. Mrs. Haag described the activities that will take place that day. * * * * * * * * * * * * * City Manager Hennings noted that a discussion of various enterprise and special funds in the city budget was scheduled for the day's meeting. In the interest of time, he suggested that that discussion be postponed until the July 1st budget workshop, and the Council concurred. Mr. Hennings went on to say that the key issues update included a discussion of initiatives on youth issues. Ms. Paige Dinn, Chairperson of the Commission on Children and Youth, said the implementation phase of the Commission's plan is underway. The 11 community sector groups will continue meeting to develop the action plan and will report back on September 17th for the joint City Council-Nueces County Commissioners Court meeting. Ms. Valerie Shurbet, Chairperson of the Community Youth Development Program Steering Committee, said the committee has been meeting with city staff, and each one of the subcontracting service providers has submitted to staff the grant year-end expenditure estimates. The balance of the grant amount has been proposed by the steering committee to be used for the expansion of the Minutes Regular Council Meeting June 24, 1997 Page 10 Communities in Schools mentoring program in conjunction with the Early Childhood Development Center at TAMU-CC, which is on the Council's agenda that day. In addition, she said planning has begun for the 1997-98 grant year, which she briefly discussed. Mr. Tom Utter, Assistant City Manager for Development Services, gave a presentation on land use planning for the Northside Development Area. Mr. Utter used a map to describe the area being discussed, which includes the Washington -Coles area, Hillcrest, and Oak Park triangle. He said the major issues involve the city's sewer plant there, HIALCO building, old RTA site, a drainage problem around the Leathers housing area, existence of refineries around Hillcrest, and underground contamination in the Oak Park triangle. He said representatives from the city, the Housing Authority, and Corpus Christi Independent School District have been meeting, as well as holding meetings with community groups, to discuss the many issues involved. Responding to Council Member Garcia, Mr. Utter described the census information in the Northside Development Area. Council Member Martin questioned different aspects of this issue, including the census figures, pollution at the old transit site, proposals pertaining to Crossley Elementary School, and a map of the properties that have already been bought out. Mr. Brandol Harvey, Director of Planning and Development, noted that this has not yet gone to the Planning Commission. He discussed the decline in population there, and the relevance of the existing development plans for those areas Using visual aids, he also described properties that have been purchased by industries, existing land uses, and possible transitional plans developed by city staff. In reply to another question from Mr. Martin, Mr. Utter said the plaintiffs involved in the buy-out litigation in that area include a large number of owner -occupants in the Washington -Coles, Hillcrest and Oak Park areas. A discussion ensued. Mr. Hennings noted that the problem involves the limit of the city's authority to influence what happens in that area, and Mayor Neal agreed, adding that as difficult as the problems are, some solution needs to be reached. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, police grant application. Police Chief Alvarez explained that grant monies are available to hire a consultant to examine the Police Department's operations, particularly in light of the proposed addition of 50 police officers over five years, and the intent to shift toward a community policing program in the future. He noted that no matching funds are required in this grant application, and the Police Department would contribute in-kind resources in the form of support personnel to assist the Minutes Regular Council Meeting June 24, 1997 Page 11 consultant in the course of the study. Mayor Neal and Council Member Martin discussed the process of selecting the consultant, and Mr. Martin encouraged Chief Alvarez to solicit input from the Council and other police officers in preparing the requests for proposals. Other Council members echoed their comments of support for 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: 2. M97-166 Motion authorizing the City Manager or his designee to submit a grant application in the amount of $89,095 to the United States Department of Justice, Office of Community Oriented Policing Services, for funding available under the Advanced Community Policing Program. The foregoing motion 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 3, law enforcement block grants. Responding to a question from the Mayor, Mr. Hennings said there was still some time to make adjustments to the grant applications as the Council continues to discuss the FY 97-98 budget. Chief Alvarez pointed out that the deadline for submission is July 11, 1997. He also discussed other grant programs that are available. Council Member Martin questioned the proposal to use the grant monies to purchase vehicles for the Police Department. He said he thought there were other Police Department needs that should be addressed. In reply to Council Member Cooper, Chief Alvarez said these grant monies could not supplant the city's budget. Council Member McNichols pointed out that a grant to add police officers to the force will eventually incur cost to the city once the grant expires. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting June 24, 1997 Page 12 3. M97-167 Motion authorizing the City Manager or his designee to approve the submission of a grant application in the amount of $647,887 to the U. S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 1997 Local Law Enforcement Block Grants Program. Grant funds would be used to procure police package vehicles and non police package vehicles for use by field patrol and investigators. The foregoing motion 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 4, Community Youth Development (CYD) grant program amendment. The Mayor questioned the projected balance of the CYD grant funds. Mr. Utter explained that the accounting information the city received from the Workforce Development Corporation (the previous Local administrator of the grant) indicated that there was about $400,000 to $450,000 that had not been expended and possibly would not be. He said when the city became the local fiscal agent, staff requested from the subcontractors the amount they will have spent by the end of the program year, which is August 31, 1997. Mr. Utter said staff now estimates that the balance will be about $175,000 which is not yet obligated, although there may be more than that. Mayor Neal said that when the Council members voted to transfer the 78415 grant administration to the city on May 27, 1997, they thought the grant fund's balance was in excess of $400,000, which is not the case less than a month later. Mr. Utter reiterated the process staff undertook to determine the amount left in the fund. He added that they originally thought that any remaining monies as of August 31, 1997, would roll over to next year's local grant award beginning September 1st, in addition to the $500,000 grant for the next fiscal year. However, recently approved legislation does not allow for those monies to carry over for use in Corpus Christi; rather, they will go into a general state fund. Mr. Utter also stated that the actual audit and the on-site monitoring begins at the Workforce Development Corporation (WDC) on June 25, 1997, by the Texas Department of Protective and Regulatory Services. Responding to another question from Mayor Neal, Mr. Utter said city staff was informed by the WDC that one subcontractor in particular --Communities in Schools --had not billed WDC for services provided since February 1997 in the amount of several hundred thousand dollars. Mr. Hennings said staff would provide auditing information and he assured the Council that this action will not incur any cost to the city. Minutes Regular Council Meeting June 24, 1997 Page 13 In reply to Council Member Gonzales, Mr. Utter explained that this proposal would involve graduate counseling students at TAMU-CC, working with Communities in Schools, to place up to 60 youth from the 78415 ZIP code area in jobs at the university as part of a six-week summer mentoring program. Dr. Gonzales asked several questions about specific aspects of the program, which Mr. Utter and two university faculty members who designed the program explained. Council Member Capelo explained some of the circumstances surrounding the city's assumption of the role as local fiscal agent from WDC. Mr. Capelo also asked representatives of Communities in Schools to address some of the other questions raised by Council members about the funds. Ms. Veronica Trevino, Executive Director of Communities in Schools, said she has documentation to show that her agency submitted bills to WDC on a timely basis; however, she understands that WDC's accounting department was experiencing a backlog. Ms. Trevino further discussed Communities in Schools' budgets. Mr. Capelo commented that better communication is needed among the entities involved. Responding to Council Member Garcia, Ms. Diana Sepulveda, Director of Finance for Communities in Schools, explained the financial aspects of the organization's contract. In reply to Council Member Cooper, Mr. Hennings said staff would provide detailed documentation of monies that have already been expended and are expected to be expended by August 31st. Council Member John Longoria questioned several points in the proposal, including the curriculum, with explanations provided by Mr. Utter and Ms. Trevino. Council Member Martin said he thought the issues being discussed by the Council went beyond the city's responsibility as the fiscal agent. He asked staff to identify exactly what the city's role is when planning begins for the next fiscal year. Council Member Betty Jean Longoria echoed Mr. Martin's concerns. Mayor Neal called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, said he thought the program would assist children but he said there was much confusion and no accountability. Ms. Valerie Shurbet, Chairperson of the CYD Steering Committee, said the committee's whole goal is to serve the children in the 78415 area. She emphasized that there is a system of checks and balances in place. The TAMU-CC faculty member who designed the program pointed out that the Council did not have all of the information explaining the program's curriculum. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting June 24, 1997 Page 14 4. M97-168 Motion authorizing the City Manager or his designee to amend the Community Youth Development Grant Program agreement with Communities in Schools Mentoring Program in the amount of $170,400 for expanded youth program services in the 78415 Zip Code, to be funded from the 78415 Zip Code Community Youth Development Grant Program. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal called for a 10 -minute recess. ************* Mayor Neal opened discussion on Item 5, lease agreements for Food Bank music festival. Mr. Hennings gave a brief history of the events surrounding this proposal, noting that as a result of those events, two groups have requested the same location and the same date to hold a music festival. He also explained why staff was recommending that the Council approve lease agreements with the Food Bank of Corpus Christi Inc. to hold a music festival on Labor Day weekends in 1997, 1998, and 1999. Mr. Utter explained specific aspects of the leases. Mr. Barry Abels, Executive Director of the Food Bank, explained that the music festival would consist of both reggae and Tejano music, and the Food Bank would act as the entertainment promoter of the reggae portion, and they would be working with Mr. Bert Quintanilla and Q Productions for the Tejano portion. Mr. Abels further explained the history of the Food Bank's involvement in the music festival, noting that the organization had originally been in partnership with Samuel Roggers and Associates, a Houston promotions and entertainment firm represented by Sirron Kyles, and that both parties had elected to terminate their agreement. Mayor Neal asked if there was some formal process the city staff used in determining which organizations would hold festivals such as this. Mr. Hennings replied that they do for events which recur in a city facility, but this event was somewhat unusual and they do not have a formal process for this event. The Mayor said he was concerned that there were organizations in the city that felt, for one reason or another, they were not being treated fairly because there was no formal process in place. Mr. Abels commented that this music festival was not unlike Bayfest in that the Food Bank invites other organizations to sponsor food booths to raise money. In addition, the Food Bank serves Minutes Regular Council Meeting June 24, 1997 Page 15 145 other charities, most of which are located in Corpus Christi. Mayor Neal reiterated his comment that a policy should be developed to address this issue. Council Member John Longoria said he disagreed with the Mayor, pointing out that until 1995 there was no music festival held during the Labor Day weekend for quite a while, and the Food Bank stepped forward to help sponsor one. He said he felt the Food Bank was doing a worthwhile job and he would continue to support them. Mayor Neal said he was not questioning the Food Bank's effectiveness, but he was raising the point that there was not a policy in place. Council Member Garcia said he did not think the city should be tied to a three-year contract, citing the fact that a federal courthouse and the next phase of the Gateway Project are planned to be built on the bayfront. He said he thought the Food Bank should have a one-year contract. Council Members Betty Jean Longoria and Gonzales noted that non-profit organizations such as the Food Bank needed to have a multi-year contract in place because of the need for advance planning of the music festival. Mayor Neal called for comments from the audience. Ms. Peggy Colombo, 15406 Fortuna Bay Dr., said she works at the Food Bank. She said the press had reported that the Council was considering bringing a large festival to Corpus Christi every month, and she urged them to consider whether other festivals would be locally generated and would benefit local non-profit organizations. City Secretary Chapa polled the Council for their votes as follows: 5.a. ORDINANCE NO. 022966 Ordinance authorizing the City Manager or his designee to enter into a one (1) year lease agreement with the Food Bath of Corpus Christi, Inc. to hold a music festival and related activities including non-exclusive use of sidewalks and medians on Shoreline Boulevard, north of Interstate Highway 37 between Resaca and Palo Alto Streets, on Labor Day weekends, from August 27, 1997, 6 a.m. through September 3, 1997, 6 a.m. and including exclusive use from August 30, 1997, 6 a.m. to September 2, 1997, 6 a.m., in consideration of a $200 permit fee and 4% of the gross receipts or direct City costs. whichever is greater. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia voting "No"; Capelo abstaining; McNichols absent. Minutes Regular Council Meeting June 24, 1997 Page 16 5.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to enter into a two (2) year lease agreement with the Food Bank of Corpus Christi, Inc. to hold a music festival and related activities including non-exclusive use of sidewalks and medians on Shoreline Boulevard, north of Interstate Highway 37 between Resaca and Palo Alto Streets, on Labor Day weekends, from September 2, 1998, 6 a.m. through September 9, 1998, 6 a.m. and from September 1, 1999, 6 a.m. to September 8, 1999, 6 a.m., and from September 4, 1999, 6 a.m. and including exclusive use from September 5, 1998, 6 a.m. to September 8, 1998, 6 a.m., and from September 4, 1999, 6 a.m. to September 7, 1999, 6 a.m., in consideration of a $200 permit fee and 4% of the gross receipts or direct City costs, whichever is greater; providing for publication. The foregoing ordinance passed on first reading by the following vote: Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia voting "No"; Capelo abstaining; McNichols absent. 5.c. M97-169 Motion approving the application by the Food Bank of Corpus Christi, Inc. for closing Northbound Shoreline (inside lane and parking lane) between Resaca and Palo Alto Streets as well as the 200 block of Fitzgerald (north and south parking lanes only) August 27-30 and September 1-2, 1997 and full closure of Shoreline Boulevard southbound and northbound between Resaca and Palo Alto Streets and the 200 block of Fitzgerald during the exclusive use period from August 30, 1997, 6 a.m. to September 2, 1997, 6 a.m. The foregoing motion passed by the following vote: Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia voting "No"; Capelo abstaining; McNichols absent. ************ * Mayor Neal opened discussion on Item 6, professional ice hockey lease. Mr. Utter said that in addition to the organization's name change, the motion to amend involved specific changes to the lease which were designed to protect the city. He noted that one of the amendments did allow the hockey organization to charge a parking fee. Mr. Utter added that a citizen, Mr. Minervini, had objected to the availability of public skating sessions at Memorial Coliseum, which was retained in the lease. Council Member Gonzales questioned the proposal to allow parking fees, saying the city had Minutes Regular Council Meeting June 24, 1997 Page 17 never done that. Mr. Utter agreed, adding that the fee would only be for the hockey games. A brief discussion ensued. Responding to Council Member Garcia, Mr. Utter said there was a default provision in the lease. He also explained the "buy-back" provision for the equipment and the merchandising outlet. He added that the lease calls for the city to work with the hockey organization and to allow them to promote the Coliseum for other activities, which they would benefit from through the concessions and the rental of the facility. In return, the city benefits from the presence of the hockey team and the additional hotel/motel and sales taxes generated by those activities. Council Member Capelo asked about the "non -ice related events." Mr. Utter said that would include such things as basketball, which the hockey organization would be involved in promoting (working with the city) for its eight-month use of the Coliseum each year during the term of the lease. In reply to Mayor Neal, Mr. Utter further explained financial aspects of the lease. The Mayor also asked if there was any way to satisfy the expressed concern about the public skating sessions. Mr. Utter said staff contacted other Texas cities with hockey teams and all of them allowed public skating sessions. In fact, he said that in some cities that resulted in a surge of interest in skating and some private skating rinks have since been constructed. Council Member Martin pointed out that many communities in the country provide public skating areas as a typical municipal function. He added that he did not think ice skating would compete with roller skating (Mr. Minervini's business), and he emphasized that the public ice skating sessions would provide another activity for the area's youth. Mr. Martin said this lease has been negotiated very much in favor of the city and he commended staff for their efforts. Mayor Neal called for comments from the audience. Mr. Amando Soto, of the Greater Corpus Christi Business Alliance, said that at least two similar entities were interested in bringing ice hockey to Corpus Christi but were concerned about the smaller size of the venue. However, this organization has looked for ways to make their venture successful and have been very flexible in the process. Mr. Soto commented on the success of other hockey teams in Texas. Mr. Rick Kozuback, President of the Westem Professional Hockey League, said roller skating businesses have benefited, rather than suffered, from the presence of ice hockey leagues. He said it is the intention of the franchise to work with youth in the community. He said he felt the Council and the citizens will be very pleased with this venture and their enthusiasm for the sport will increase once the hockey games begin. Mr. Jay Johnson, a member and representative of the hockey ownership group, thanked city Minutes Regular Council Meeting June 24, 1997 Page 18 staff and Mr. Soto for working with their organization to bring the league to Corpus Christi, as well as for their hospitality. He said they are excited to be able to share the sport of hockey with the youth here. Referring to an earlier question, Mr. Hennings said the lease provides that if the hockey team decides to rent the Coliseum to a promoter of a concert, they must follow the city's rental schedule for the rent they charge to the promoter. He said that does not necessarily affect the ticket prices. The City Manager also commended staff. Mr. Greg Escamilla, 441 Fairmont Dr., said the Council wholeheartedly supported sports that are not from the South Texas area, and he expressed concern that the hockey venture would not be successful. Dr. Gonzales made a motion to amend to delete the revenue from the parking fee. The motion died for lack of a second. City Secretary Chapa polled the Council for their votes as follows: 6.a. M97-170 Motion to amend lease agreement prior to second reading to change the name of the lessee from Southern Hockey Management, Inc. to Corpus Christi Professional Hockey Club, Inc., and including other clarifications, technical changes, and correcting scrivener's errors. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. 6.b. ORDINANCE NO. 022967 Authorizing the City Manager to execute the Lease Agreement wherein the City of Corpus Christi leases to Corpus Christi Professional Hockey Club, 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 second reading, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. * * * * * * * * * * * * * Minutes Regular Council Meeting June 24, 1997 Page 19 Mayor Neal opened discussion on Item 7, Lighthouse Restaurant and fuel station leases. City Secretary Chapa said he had a disclosure affidavit filed by Council Member Garcia, who will abstain from discussing or voting on this item. Mr. Hennings said this item was a series of amendments to the existing leases for the Lighthouse Restaurant and the fueling station in the marina. The Water/Shore Advisory Committee have reviewed the amendments and recommends that the Council approve them. Responding to Council Member Capelo, Mr. Utter explained the late fee in the lease. He noted that Mr. Harrison came completely current in his payments to the city on May 10th. In reply to Council Member Gonzales, Mr. Utter said Mr, Harrison does have the right to assign his lease. City Attorney Bray added that Mr. Harrison would have to obtain the city's consent to do that, but the city cannot unreasonably withhold its consent. Dr. Gonzales questioned the 40 - year term of the lease. Mr. Utter replied that staff feels the term is long enough to amortize this particular undertaking. He added that they renegotiated the lease to allow the Lighthouse to reconfigure and to obtain a substantially larger payment from Mr. Harrison so the city can build its own separate marina office. Mr. Utter further explained aspects of the lease. In response to Mr. Capelo, Mr. Bray commented on the legal standard for unreasonably withholding consent on assignment. 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. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute amendment No. 1 to the fuel station lease between the City of Corpus Christi and Marina Fuel & Charter Boat Company L.C., authorized by Ordinance No. 022066; which sets July 31, 1998 as the final date for installation of new fuel tanks, subject to governmental approval; which recognizes the temporary fueling location; which authorizes continued use of the portable building in compliance with all laws and regulations; which clarifies that a default under this lease is also a default under the restaurant lease between the City of Corpus Christi and T -head Marina, L.C.; which terminates the penalty for arrearages accrued on or before February 1, 1997 on December 1, 1996; modifies the lease premises to abut the restaurant lease premises, rather than leaving a gap; and which makes other related changes; providing for publication; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Capelo, Gonzales, Minutes Regular Council Meeting June 24, 1997 Page 20 B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia abstaining; Cooper and McNichols absent. 7.b. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute amendment No. 1 to the restaurant lease between the City of Corpus Christi and T -head Marina L.C., authorized by Ordinance No. 022065; which clarifies that governmental prohibition of a marine fuel operation will increase the rent under this lease to the greater of $5,833 or 3% of gross sales per month and all other defaults of the fuel station lease will result in termination of this lease; which sets the date of completion for improvements, which are permitted on April 23, 1997, as December 31, 1997 and requires completion of other improvements within one year of permit issuance; which terminates the penalty for arrearages accrued on or before February 1, 1997 on December 1, 1996; which requires lessee to provide a temporary office for the marina staff no later than July 15, 1997; which clarifies that a default under the fuel station lease between the City of Corpus Christi and Marina Fuel & Charter Boat Company, L.C. is also a default under this restaurant lease; and which makes other related changes; providing for publication; and providing for severance. The foregoing ordinance passed on first reading by the following vote: Capelo, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia abstaining; Cooper and McNichols absent. Council Member John Longoria said he thought the city should encourage more development on the bayfront, particularly the marina. Council Member Martin said the Council should discuss that issue first before it is considered by the Water/Shore Advisory Committee. ********** * ** Mayor Neal opened discussion on Item 9, appointment of Council members to the city's public, non-profit corporations. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M97-172 Motion appointing the City Council Members to the Board of Directors of the Corpus Christi Housing Finance Corporation, Corpus Christi Industrial Development Corporation, and Corpus Christi Health Facilities Development Corporation. Minutes Regular Council Meeting June 24, 1997 Page 21 The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 10. Case No. 597-4. Kings Court Joint Venture: A change of zoning from a "R -1B" One -family Dwelling District and a "R-2" Multiple Dwelling District to a "B-4" General Business District on Country Club Estates Unit 20, Block 2, south 5.66 acres out of Lot 11, located on the north side of Acushnet Drive, approximately 550 east of Weber Road. City Secretary Chapa said the Planning Commission and staff recommended denial of the requested `B-4" District, and in lieu thereof, approval of a `B-1" Neighborhood Business District. 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 (Capelo, Cooper and McNichols absent). City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 022968 Amending the Zoning Ordinance upon application by King's Court Joint Venture, by changing the Zoning Map in reference to Country Club Estates Unit 20, Block 2, South 5.66 acres out of Lot 11 from "R -1B" One -family Dwelling District and "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Capelo, Cooper and McNichols absent. * * * * * * * * * * * * * Mayor Neal recessed the regular Council meeting to conduct the annual meetings of the Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, Corpus Christi Industrial Development Corporation, and the Corpus Christi Health Facilities Development Corporation (Items 11-14 on the day's agenda). Mayor Neal reconvened the regular Council meeting. Minutes Regular Council Meeting June 24, 1997 Page 22 * * * * * * * * * * * * * 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 17 and 18 be withheld for discussion. City Manager Hennings said he was withdrawing Items 21.a. and 21.b. City Secretary Chapa polled the Council for their votes and the following were passed: 15. M97-173 Motion authorizing the City Manager, or his designee, to execute a contract in the amount of $33,000 with Bracco Construction Company for the On -Going Pump Maintenance, Phase III -- Holly Road Pumping Plant Improvements project. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 16. M97-174 Motion authorizing the City Manager to solicit proposals from out-of-town consultants for professional services required to prepare the arbitrage/compliance calculations required by the Tax Reform Act of 1986, Section 148 (f) of the Internal Revenue Code. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 19. M97-177 Motion authorizing the City Manager, or his designee, to execute a contract in the amount of $20,750 with M & M Contracting for the demolition of the old Park and Recreation building located at 222 Belden Street. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 20. RESOLUTION NO. 022969 Resolution accepting Nueces County Commissioner Court's relinquishment of Nueces County's right under a parking agreement between the City of Corpus Christi and Nueces County dated December 5, 1957 to the City of Corpus Christi for the Gateway Project, as evidenced by order dated January 26, 1996, filed in Vol. 28, pages 593-594, Nueces County Minutes Regular Council Meeting June 24, 1997 Page 23 Commissioner Court minutes. The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 21.a. WITHDRAWN Rcsoluti.,n aelatewledsi..g thc qualifkatiei.-fey ex.,..iytieti from inseiiption requireineirts-of .. of Corpus Christi Policc Dcpartmcnt and authorizing thc Policc Chicf and thc Assistant cxcmpt liccnsc platcs for sueh unmarked vehicles pursuant to Scction 502.201 of thc Texas 21.b. WITHDRAWN A.sistai.t Fire Chicf to sisn Tcxas D.,parhnei.t of Transpertati„n Tenths 62A and D12 119 22.a. RESOLUTION NO. 022970 Resolution authorizing the submission of a grant application in the amount of $51,742 to the Office of the Governor, Criminal Justice Division for funding of the Crime Analysis Unit of the City of Corpus Christi Police Department. The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 22.b. M97-178 Motion rescinding Motion No. M97-045, adopted on February 18, 1997, due to the Office of the Governor Criminal Justice Division requirement for passage by resolution. 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 24, 1997 Page 24 23. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a lease for a period not to exceed 60 years on lot 1R, Lexington Industrial Center, as recorded in volume 50, page 71, Nueces County Map Records, to the Flour Bluff Business Association to install landscaping and Welcome to Flour Bluff sign, in consideration of the Flour Bluff Business Association installing and maintaining the sign and landscaping and holding the City harmless for all costs associated with the sign and landscaping. The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 24. FIRST READING ORDINANCE Amending the Code of Ordinances Chapter 53 - Traffic, Section 53-250 - Schedule I, One- way Streets and Alleys, Section (a-1) School Areas, by establishing a one-way traffic pattern on 17th Street in the direction of Prescott Street to Elizabeth Street, during the school hours of T.G. Allen Elementary School. The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 25. ORDINANCE NO. 022971 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 second reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 26.a. ORDINANCE NO. 022972 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 Minutes Regular Council Meeting June 24, 1997 Page 25 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 second reading by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 26.b. ORDINANCE NO. 022973 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 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 17, compensation for Municipal Court judges. Council Member Gonzales made a motion to increase the salary of Judge Nelva Gonzales Ramos from $46,800 to $51,000 to make her salary equal with Judge Donald Alex. He said he felt it was important that Judge Ramos have equal pay for equal work. Council Member Capelo seconded the motion. Council Member Garcia said in this situation it did not make a difference that Judge Ramos was a woman or a man; rather, he said the issue is that Judge Alex has nine years of experience as a Municipal Court judge and Ms. Ramos is a newly appointed judge. Council Member John Longoria asked if there was anything that would prohibit the Council from taking the action suggested by Dr. Gonzales, and Mr. Hennings said there was not. Dr. Gonzales said the Council should take into consideration the fact that Ms. Ramos has been a successful practicing attorney for 10 years. Mr. Garcia reiterated his objection to the motion. City Secretary Chapa polled the Council for their votes on the motion to amend, and it passed as follows: Capelo, Gonzales, B. Longoria, and J. Longoria voting "Aye"; Garcia, Martin, and Neal voting "No"; Cooper and McNichols absent. Minutes Regular Council Meeting June 24, 1997 Page 26 Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 17. M97-175 Motion setting compensation for Municipal Court Judges as follows: Rodolfo Tamez, Presiding Judge, Division A--$64,000; Donald Alex, Judge, Division B--$51,000; Nelva Gonzales Ramos, Division C-- $51,000; and Julianna Siracusa Rivera, Division E -- $20,000. The foregoing motion passed, as amended, 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 18, planning for post -hurricane recovery operations. Council Member Garcia asked if a request for proposals had been used for the consulting work required to develop the necessary contract documents. Mr. Hennings said it had. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 18. M97-176 Motion authorizing staff to waive the 75% local participation rule in soliciting proposals from consultants for professional services required for pre -planning for Post -Hurricane Recovery Operations. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. * * * * * * * * * * * * * Mayor Neal said the closed session, pursuant to Texas Government Code Section 551.071, regarding the contract for operation of the H.E.B. Tennis Center, would be postponed until next week. * * * * * * * * * * * ** Mayor Neal called for the City Manager's report, and Mr. Hennings said he did not have a report this week. Minutes Regular Council Meeting June 24, 1997 Page 27 In his report, the Mayor said he had recently attended a meeting of the Texas Municipal League in Austin, and they have formed a committee to study the issue of the computer conversions prior to the year 2000. He then called for Council concerns and reports. Council Member Capelo commented on the graffiti that has appeared on the Selena statue on the bayfront. Mr. Hennings said he would discuss the issue with Mr. Dusty Durrill. Council Member Martin asked about the status of the new electrical code, and Mr. Hennings said he would provide that information to the Council. Mr. Martin also requested an update on the outlet mall. Council Member Gonzales asked about the deadline for placing a City Charter amendment on the ballot. City Attorney Bray said the Council could place an amendment directly on the ballot, and the deadline would be the last Council meeting in August. Dr. Gonzales added that he supported Mr. Capelo and the Quintanilla family in their concern about the graffiti around the Selena statue. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 9:50 p.m. on June 24, 1997. * * * * * * * * * * * * *