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HomeMy WebLinkAboutMinutes City Council - 07/15/1997I 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 July 15, 1997, which were approved by the City Council on July 22, 1997. WITNESSETH MY HAND AND SEAL, this 22nd day of July, 1997 /9 ace Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 15, 1997 10 a.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 Edward Martin Dr. David McNichols* 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 Damond Marshall, Gateway Christian Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper. 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 July 8, 1997, and there being no corrections, he proclaimed them approved as presented. Council Member Cooper, Chairperson of the Mayor's Task Force on Youth Violence, distributed $1,000 grants from the task force to the following youth -oriented organizations: Cardinals Girls Fastpitch All-Star Team, Corpus Christi Marlins, Corpus Christi Young Marines, Crossfire Youth Outreach, Kids Making a Difference, and NAACP Youth Council. ************* Mayor Neal opened discussion on Item 2, Community Progress Partnership (CPP) recommendations. Mr. Al Jones, CPP Chairman, explained that the CPP was formed over a year ago. It was given the mission of gathering broad-based public input to develop, prioritize and recommend projects and programs which will meet the community's current and future needs. In addition, the Minutes Regular Council Meeting July 15, 1997 Page 2 CPP committee was charged with the task of recommending funding options and an implementation process. Mr. Jones said the CPP committee will recommend that the Council call an election, possibly in November 1997, to allow people to vote on the enactment of a one-half cent sales tax increase consisting of two components: one-eighth of a cent increase that will be allocated for the creation of a crime control and prevention district; and three-eighths of a cent increase for the CPP projects and programs during a 19 -year period. He said the financing of this proposal is unique in that it takes into account Corpus Christi's role as a regional shopping area and tourist destination. This results in about 40% of the sales tax being paid by people who live outside the city limits. In addition, the CPP committee is recommending that the sales tax increase be combined with matching funds from private sources, which increases the number and scope of the projects and programs that can be funded. Referring to the CPP committee's report, Mr. Jones said the projects being recommended include $94 6 million in community -wide projects, with $40 million in matching funds, for a total of $134.6 million in "brick and mortar" -type projects. Those projects fall under the general headings of neighborhood facilities/neighborhood improvements; youth sports; education and technology; and three categories of city-wide facilities (public safety, visitor industry, and general use), which Mr. Jones briefly described. Also, said Mr. Jones, the committee is recommending the establishment of the following three trust funds with annual funding in the following amounts: youth, parks and recreation - $1.5 million; district/community/neighborhoods - $1 million; and public safety (fire/EMS) - $ 75 million; for a total of $3.25 million The committee's recommendation also includes $1 25 million in annual funding for maintenance and operations. Mr. Jones further described the purpose of the trust funds. He noted that the intent is to build the "brick and mortar" projects as quickly as possible through a sale of bonds that would raise a certain amount of money to be expended; the bond issue would then be repaid by the receipt of the sales tax. He added that the trust funds would serve as reserve funds for the sales tax revenues if they are less than anticipated; conversely, if the sales tax revenues are higher than anticipated, the CPP committee is recommending a process by which those excess funds would be allocated through the trust funds and to the maintenance and operations requirements of the city. The CPP Chairman said the committee believes their proposal is a very unique way of addressing a variety of needs identified throughout the city. He added that if a proposal like this is not approved, it may be a long time before another proposal to enhance the city's quality of life is brought forward. Mr. Jones also discussed the proposal to build a multifunctional arena on the Texas A&M Minutes Regular Council Meeting July 15, 1997 Page 3 University -Corpus Christi (TAMU-CC) campus, which has generated much attention and legitimate concerns thus far. He said the committee was proposing an alternative to the TAMU-CC arena proposal: to expand the atrium exhibit hall of the Bayfront Plaza Convention Center that would include seating to accommodate large events, possibly with permanent seating on the upper level and retractable seating on the lower level. He said that alternative proposal would allow TAMU-CC to build a facility on their campus that is much more suitable to their owns needs, with significant funding from the CPP. Mayor Neal recognized the members of the CPP committee who were present at the meeting, and thanked them for their many months of volunteer efforts. Responding to Council Member Cooper, Mr. Jones explained how the CPP correlates to the proposed crime control and prevention district. Council Members Betty Jean Longoria expressed her support of the CPP proposals, and Council Member Gonzales said he hoped they could produce a plan that the community will support. Council Member Martin referred to two separate provisions (Sections 4A and 4B) in the statute for creating a nonprofit corporation funded by a sales tax for economic development. Mr. Jones said any proposal the CPP committee makes will have been reviewed by the Attorney General's Office and the Comptroller of Public Accounts Office to ensure that it meets the provisions of the statute. Mr. Jones also discussed matching funds and trust funds for the CPP projects. *Council Member Capelo arrived at the meeting at 11:15 a.m. In reply to another question from Mr. Martin, Mr. Jones described how economic development would be affected by the CPP projects and programs, specifically the Del Mar College Bay Area Business and Technology Center. Council Member John Longoria asked about several aspects of the CPP, including additional questions on the economic development aspect; the CPP's relationship to the Community Cultural Plan; the need to improve the marina; the issue of matching funds; and how some projects may be more viable than others. He also asked about the benefits of possibly locating an arena on the TAMU-CC campus. In response to Council Member Garcia, Mr. Jones briefly described the make up of the CPP committee and the proposed 19 -year length of the sales tax increase. Mr. Jones also emphasized the open nature of the CPP process. Dr. Robert Furgason, President of TAMU-CC, addressed the proposal to build an arena on Minutes Regular Council Meeting July 15, 1997 Page 4 the university campus. He said one of the main questions is whether Corpus Christi needs a major indoor sports facility, with a 6,000 to 10,000 -seat capacity. He pointed out that Memorial Coliseum is old and often inadequate for current capacity needs. Dr. Furgason also referred to a comparison of TAMU-CC's general use fee per semester credit hour and other universities around the state, as well as data about TAMU-CC's rate of growth and a traffic study that was conducted for the local university. Dr. Gonzales expressed concern about TAMU-CC's fees, and he emphasized the importance of having a multipurpose arena in Corpus Christi that all the citizens can utilize in a location other than on the university campus. Dr. Furgason explained that the general use fee is reviewed by the student body in a public hearing in developing how the fee will be used, and the fee structure is ultimately established by the Board of Regents. A discussion ensued, including comments about the relationship of a new arena to the existing Memorial Coliseum, and further comments by Dr. Furgason. Mr. Marcus Cross, President of the Student Body of TAMU-CC, said having a multipurpose arena in Corpus Christi would bring people --particularly students --and revenue to Corpus Christi. He said he thought that a referendum to locate an arena on the TAMU-CC campus would be approved by the students. Following concluding comments by Mr. Jones, Mayor Neal asked City Manager Hennings what would be the next step in the process. Mr. Hennings replied that the schedule for placing this proposal on a ballot on November 4, 1997, would require the Council to make a decision on August 26th to call the election. He said the Council could discuss this issue further during a workshop on August 5th, and the Mayor agreed. ************ * Mayor Neal announced the closed session, pursuant to Texas Government Code, Section 551.071, regarding the following: legal issues related to land uses in the area of the Port industries; and Rosie Alaniz and Bruce Spears vs. City of Corpus Christi, Cause No. C-96-357, United States District Court for the Southern District of Texas, Corpus Christi Division, with possible action in open session. The Council went into closed session. (*Council Member McNichols arrived at the meeting at 12:30 p.m. during the closed session.) The Council returned from closed session. City Manager Hennings said that during the recent budget discussions, the Council had made it clear that the arts funding which originally had been proposed to be eliminated from the FY 1997- Minutes Regular Council Meeting July 15, 1997 Page 5 98 budget should be restored to the budget. Consequently, said Mr. Hennings, he was proposing the following funding amounts from the Tourist and Convention Fund• Center for Hispanic Arts - $15,000; Arts Community Waterfront Arts Center - $15,000; arts grants (Municipal Arts Commission) - $50,000; and the Corpus Christi Symphony - $12,000. Before calling for petitions from the audience, Mayor Neal pointed out that several people had signed up to address the Council about arts funding. He said the Council was in full agreement that funding of the arts in the upcoming budget was very important, and the City Manager had responded to the concerns of the many arts supporters who were present at the meeting, and of other people in the community. Mr. Dan Whitworth, Assistant Director of Programs for the Park and Recreation Department, introduced Mr. Chuck Cazalas of CITGO and Mr. Tom Heilman of Koch Refining, who spoke briefly about their companies' sponsorship of the Northbay Basketball League. Mayor Neal then called for public comment, and representatives of different arts organizations expressed their appreciation to the Council for the continuation of funding for arts programs, and they emphasized the importance of the arts in enhancing the quality of life in this community. Some speakers also challenged the Council to provide even more funding in the budget. The following citizens addressed the Council concerning other topics: Mr. Chuck Cazalas, 7805 Etienne, said he supported TAMU-CC, including the proposal to build an arena there. Ms. Mary McQueen expressed her support of the CPP proposals. She said an arena on the TAMU-CC campus would be an important part of a growing university. Mr. A.C. Johnson said the CPP proposal is intended solely to expand the Bayfront Plaza Convention Center, and he asked the Council to not place the issue on the November ballot. Mr. Alberto Villarreal, a student at TAMU-CC, said he thought the university should focus on academics and not on the construction of a sports arena on the campus. Mr. Rene Saenz, another TAMU-CC student, said that rising tuition and fees were restricting access to the university, and he did not think the students should have to help fund an arena on campus. Mr. Salinas said he works full-time and financial aid does not fully pay for his college expenses. He asked the Council to let him have the opportunity to attend college, just as the Council was given the opportunity to serve with the help of his vote. Minutes Regular Council Meeting July 15, 1997 Page 6 Mr. Phil Rosenstein said that public safety should be the city's number one priority. Mr. Leon Perez criticized the wastewater winter averaging program. Mr. J.E. O'Brien, 4130 Pompano, said the Corpus Christi Taxpayers Association had voted recently to oppose any increase in the sales tax. Mr. Leo Duran distributed to the Council statistical information he had prepared concerning expenditures in the General Fund in FY 1995-96. He listed expenditures which he said could be cut from the budget. Mr. John Hartley referred to technological advances made in other cities, including the construction of a reverse osmosis plant. He said he thought that city employees should be taught not only to work hard but also to "work smart." Mr. Suter expressed anger and frustration that people said they felt threatened by the Leatherman tool he wore on his belt. Mr. Jeff DuPont said he represented a group of active TAMU-CC students who use the recreational sports facilities at the university. He said the students' fees should be increased in order to pay for the type of arena facility they deserve. Mr. Mark Scott, 3126 Austin, said he was very active in Vision 2000, which had the same goals as the Community Progress Partnership: safety, youth, neighborhoods, and technology. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the FY 1997-98 budget. Mr. J.E. O'Brien said he thought much more work was needed on the city budget, and he added that elected officials needed to learn how to make cuts and prioritize their spending. Ms. Melinda Gonzales, Chairperson of the Citizens Health Advisory Board, introduced another board member, Dr. Tony Diaz. They said they were seeking the Council's support of the Health Department's budget needs, which they described. Mr. John Hartley again referred to the importance of "working smart." Council Member Gonzales made a motion to close the public hearing, seconded by Council Member Garcia, and passed unanimously. Minutes Regular Council Meeting July 15, 1997 Page 7 City Manager Hennings noted that the Council had had two budget workshops and other budget discussions. One of the outcomes of those discussions was the Council's reaffirmation of the financial policies adopted in January to rebuild the ending balance of the General Fund to historical levels. He said that necessitated some changes in his proposed budget, which basically is a status quo budget. He reviewed some of the budget issues previously addressed by the Council, including funding for the school crossing guard program; restructuring of the loan repayment in the Self -Insurance Fund; and the establishment of the NRA Escrow Fund. Mr. Ogilvie Gericke, Director of Street Services, referred to three maps which illustrated the streets to be considered for seal coating, reworking and overlay, depending on the amount of funding that will be available in the budget. Mr. Hennings then discussed General Fund revenues and expenditures, including optional expenditure adjustments under the categories of police, fire, street services and other adjustments. Responding to Council Members McNichols and Garcia, Mr. Hennings addressed the issue of the debt coverage level and the need for funding street improvements. Mr. Garcia also discussed the possible use of Law Enforcement Trust Fund monies, payments to the Self -Insurance Fund for litigation settlement in the Fire Department budget, and additional positions in the Engineering Department. Council Member Betty Jean Longoria discussed the proposal to fund the school crossing guard program and the beach clean-up cost and how those issues pertain to the county. Council Member John Longoria noted that funding for the Downtown Management District (DMD) was not being proposed in this budget. Mr. Hennings explained that the underlying reason for that was the need for funding street maintenance, which resulted in reprioritizing the expenditures. Responding to another question from Mr. Longoria, Mr. Hennings said he had projected $40,000 in sales tax revenue from the outlet mall, which will be offset by the forfeiture of the $50,000 letter of credit since the mall's developer did not meet the construction deadline. Mr. Longoria then discussed the vacant position of Director of Housing and Community Development, and Mr. Hennings responded by explaining why he did not think that position could be eliminated. In reply to Council Member Gonzales, Mr. Hennings discussed the city's contract with the Greater Corpus Christi Business Alliance. Responding to several questions from Council Member Martin, Mr. Hennings commented on school crossing guard funding; funding for the Police Academy; repayment of the loan in the Self -Insurance Fund; beach clean-up; funds paid by the Regional Transportation Authority for street Minutes Regular Council Meeting July 15, 1997 Page 8 maintenance; financial policy change; and Central Power and Light refund. Mayor Neal emphasized the necessity of being realistic about the amount of funds the city has to meet its needs, particularly with regard to future costs associated with the Texas Municipal Retirement System and the compensation plan. Council Member Capelo made a motion to amend the first reading ordinance regarding the FY 1997-98 budget to add $100,000 for the Downtown Management District. The motion was seconded by Mr. Garcia, and it passed unanimously. Mr. Martin made a motion to include funding for the following: 14 new crossing guards; increase the reserve appropriation by a certain amount to allow the city to add additional fire equipment following an assessment; adjust the financial policy to increase the ending balance to take into account the above costs for the DMD, crossing guards, and fire equipment. The motion was seconded by Dr. Gonzales, and it passed unanimously. Dr. Gonzales made a motion to increase the court costs on parking tickets from $1 to $5; seconded by Mrs. Longoria. The motion passed by the following vote: Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Garcia and Martin voting "No." City Secretary Chapa polled the Council for their votes as follows: 5. FIRST READING ORDINANCE Adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 1997; to be filed with the County Clerk; appropriating monies as provided in said budget. The foregoing ordinance passed on first reading, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, creation of a crime control and prevention district. City Attorney Bray said he was following up on some questions that had been raised during last week's discussion on this issue. He said staffs research indicates that the City Council will have final approval authority of the crime control plan and the budget plan that will be developed by the temporary board. He referred to a revised schedule for creation of the district, noting that the Council would jointly conduct the public hearing with the temporary board on August 26, 1997, on the proposed crime control plan and the proposed budget. Minutes Regular Council Meeting July 15, 1997 Page 9 Mr. Bray added that once the Council selects the temporary directors, they will have their first meeting on July 18th at noon. Responding to Council Member Martin, Mr. Bray said staff removed the reference to the one-eighth cent sales tax increase in the proposed resolution. City Secretary Chapa polled the Council for their votes as follows: 4.a. RESOLUTION NO. 022985 Resolution proposing creation of a Crime Control and Prevention District pursuant to State Law. The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols voting "No." Mr. J.E. O'Brien said the Council was getting into a dangerous habit of legislating through third parties, such as the Lake Texana pipeline, and he said he opposed the formation of the crime control district. Mayor Neal pointed out that the state law determined how the crime control district would be created, including the requirement of the formation of the temporary board. The Council members then individually voted on seven temporary directors of the Crime Control and Prevention District from a list of 17 nominees. They were appointed as follows: Crime Control and Prevention District Linda Cantu Laurie Cook Martha Huerta Sandra Lanier -Lerma Isaac Valencia Cefe Valenzuela Rose Vela * * * * * * * * * * * * * Mayor Neal called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, grant application to the U.S. Department of Justice. Minutes Regular Council Meeting July 15, 1997 Page 10 Council Member McNichols pointed out that the three-year grant program to add 10 police officers to the force would pay for their salaries and benefits, and the city would be responsible for some benefits and for all equipment and overtime associated with the 10 officers. He asked Mr. Hennings if he was optimistic that the city budget will improve to the point that another $650,000 in commitments can be added at this point. Mr. Hennings replied that the timing of this proposal will be coordinated with the crime control district, which he explained. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M97-197 Motion authorizing the City Manager or his designee to submit a three (3) year grant application in the amount of $750,000 to the U.S. Department of Justice, Universal Hiring Program for ten (10) additional officers. 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 7, Wesley Seale Dam stability analysis and investigation. City Manager Hennings reviewed the recent history conceming the condition of the Wesley Seale Dam. He said that on May 15, 1997, the city's outside engineering consultant (Freese & Nichols Inc.) presented a recommendation that the level of the water in Lake Corpus Christi be limited to 91 feet as an interim measure due to the determination that the safety factor for the dam was not as high as it should be. He said a soils test showed that the cohesiveness of the soil in the areas the engineers sampled was much lower than was assumed in the design calculations in the 1950s when the dam was built. Mr. Hennings went on to say that the April 1993 annual inspection report said the problems at Wesley Seale Dam had been assessed as not being an immediate threat to the structural integrity of the dam. The December 1996 annual inspection report said the inspection indicated a properly functioning, well-maintained facility, and no problems requiring immediate or emergency action were observed. The City Manager emphasized that the dam does not have a bulge in it; rather, the heave or bulge that has been reported is located in the spillway slab adjacent to the dam. He said the heave does not impair the function of the dam or the spillway and the dam is not unsafe. Mr. Hennings said the city's consulting engineers and the state government's dam safety inspection staff concur with that assessment. Minutes Regular Council Meeting July 15, 1997 Page 11 Mr. R.H. Shackelford, Director of Engineering Services, said staff was requesting the Council's approval of a program to fully evaluate the stability of the Wesley Seale Dam and to develop the modifications that may be required to improve the dam's factor of safety to an acceptable level. The total amount of work proposed in this amendment to the contract with Freese & Nichols is $1,396,500. Of this amount, Council has previously authorized $325,000 to keep the work moving on an expedited basis while the full scope of this amendment was being finalized. Mr. Shackelford explained that the work would be divided into four categories: (1.) Installation of permanent instruments which can monitor the structure's behavior throughout the remainder of its life cycle, as well as soils sampling and testing and overtime to carry out the field work on an expedited basis. He said the vast majority of this work is permanent in nature and the information derived can be used for final design. It accounts for approximately 57% ($794,000) of the fee. (2.) A contingency of 14% ($198,000) is also being requested to enable staff to quickly respond to changed conditions or weather so as not to incur lost time and to provide for the installation of additional instruments, if required. The contingency will only be used if necessary. (3.) Engineering support services: approximately 21% ($298,000) of the fee is to cover the cost of the actual engineering and project management involved to develop and implement the program, analyze the field data, and develop recommendations to increase the stability and factor of safety of the dam. (4.) Surveying: a precision survey will be designed and implemented which will be of a very high order. The necessary monumentation and surveying instruments will be procured separately and brought to the Council, if necessary. This is also a permanent action which will be used to monitor the dam throughout its remaining life. It accounts for about 8% of the fee. Mr. Shackelford added that this plan of action has been endorsed by the Texas Natural Resource Conservation Commission Dam Safety Unit. With regard to the schedule, approximately 20% of the proposed program has been completed. He said staff expects all of the field work to be completed by mid-September, with the consultant's final report expected by December 1997 or January 1998. The report will recommend at Least two options and associated costs to modify the dam to ensure its long-term stability. He added that the other proposed action is to amend the city's existing contract with Mr. John Focht Jr. in the amount of $41,000. Mr. Focht is a recognized expert in geotechnical or soils engineering work as related to dams. He will provide peer review at key points throughout the process and advise staff as to the adequacy and completeness of the work being performed by Freese & Nichols. Mr. Shackelford then showed a video of the dam and described various aspects of it. Mr. John King, principal engineer with Freese & Nichols, briefly reviewed the actions being proposed to the Council, and he introduced Dr. Ron Waters, an associate with Freese & Nichols and project manager. Dr. Waters gave a detailed presentation, using visual aids, of the instrumentation, installation, and testing program being proposed, which is the bulk of the engineers' efforts to date. He said the engineers will be examining the measure of movements, material properties, and uplift. Minutes Regular Council Meeting July 15, 1997 Page 12 Mayor Neal asked if there would have been any advantage in initiating these studies months ago when the lake levels were lower. Dr. Waters replied that the working conditions would have been exactly the same --there is always 5V2 feet of water flowing through the south spillway regardless of the lake level, and the north spillway is dry except when it rains. Council Member Capelo asked several questions on this issue, to which staff and the consulting engineers responded. Mr. Shackelford said the engineers would receive a net of 5% of the cost of the work. Mr. Hennings referred to a list of prior Council actions included in the agenda packet, and he pointed out that some of the actions pertained to Freese & Nichols' contract for the dam gates rehabilitation and not with the current stability testing and analysis. He added that prior to Freese & Nichols' involvement in the stability project, the firm of Russell-Veteto Engineering had, as part of their annual inspection, conducted surveys of the spillway slabs to identify the location of the heave, as well as an alignment survey of the dam. A discussion ensued, with staff responding to Mr. Capelo's questions about aspects of Freese & Nichols' contract (including the increased cost), research on the dam's structure, and proposed future Council actions. In response to a Council member's question, Dr. Waters stated that the cost to fix the dam could be approximately $20 million. Replying to Council Member Garcia, Dr. Waters further described elements of the surveying that will be conducted on the dam The Council also reviewed the video tape of the dam and discussed the location of the heave. Responding to other Council questions, Dr. Waters noted that when Freese & Nichols' recommended that the lake level not exceed 91 feet, they also recommended that the city hire an outside engineering consultant who is experienced with dams who would review Freese & Nichols' work. Council Member Martin said he thought there have been problems in the wording of the contracts as they were proposed to the Council, and he questioned why the Freese & Nichols' contract had been amended many times for different actions instead of initiating a new contract. Mr. Hennings and Mr. Shackelford explained. Council Member Gonzales referred to reports from previous years concerning the Wesley Seale Dam. Mr. Hennings stated that the reports cited by Dr. Gonzales do not agree with the test results completed in April 1997, which is the crux of the whole issue. A brief discussion ensued. Mr. Patrick Veteto, of Russell-Veteto Engineers, explained that he wrote the 1993 annual inspection report, portions of which he described. Council Member McNichols asked Mr. Hennings if he recalled any time when information was brought to the Council or to him personally that relate to there being something wrong with the dam other than the rehabilitation of the sluice gates. Mr. Hennings said he did not recall that. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said the first action brought before the Council was the October 1996 amendment to Freese & Nichols' contract. Minutes Regular Council Meeting July 15, 1997 Page 13 Responding to another question from Dr. McNichols, Dr. Waters said he estimated that it will take a minimum of 24 months to make whatever repairs to the dam that will be required. He added that six years would not be unusual for this type of problem on the dam to evolve and finally be rehabilitated. Council Member Cooper commented on the large size of the contract, and Mr. Hennings and Dr. Waters explained the process of how the contract amendments were approved. Mrs. Cooper said she was not prepared to approve this item until she reviewed much more detail of the proposed contract amendment and the related cost breakdown. 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. ORDINANCE NO. 022986 Ordinance appropriating $810,024 from interest earnings in the No. 205 Water Capital Projects Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Cooper voting "No." 7.b. M97-193 Motion authorizing the City Manager or his designee to execute Contract Amendment No. 10 for spillway data collection, installation of permanent instrumentation, inspection, structural/stability analysis, and conceptual remediation measures design services for Wesley Seale Dam to Freese & Nichols, Inc. in the amount of $1,071,500. The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Cooper voting "No." 7.c. M97-194 Motion authorizing the City Manager or his designee to sign Contract Amendment No. 1 for geotechnical review of spillway data collection, inspection, and structural/stability analysis services for Wesley Seale Dam to John A. Focht, Jr., P.E. in the amount of $41,000. The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Cooper voting "No." Minutes Regular Council Meeting July 15, 1997 Page 14 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, outlet mall agreement extension. Mr. Hennings explained that the last extension of time was approved by the Council on February 11, 1997, and it was conditioned upon the developer starting construction on July 15, 1997, and the posting of two irrevocable letters of credit. He said the developer, Mr. Stan Samberg, was requesting a one-year extension, and Mr. Hennings was recommending that the Council approve that on the same terms as approved in February. In addition, the actual engineering expenditures for the utilities and ramp reversals exceed the $68,000 provided by the letter of credit. He said that engineering work is essentially completed, and in order to carry the project forward another $10,000 in security would be needed under the recommendation to extend the developer's agreement. Council Member Betty Jean Longoria reviewed the efforts of the Northwest Business Association to improve that area of the city over the years, and she said she felt the outlet mall would be a good investment and would benefit all the citizens. Council Member Garcia asked if the Council would be able to approve the extension of the agreement for the outlet mall without requiring an additional letter of credit, and Mr. Hennings said they could. He added that there were no other plans for that piece of property at this time. Responding to another question from Mr. Garcia, Mr. Tom Utter, Assistant City Manager for Development Services, said there are two agreements with Mr. Garnett Brooks --one for the land and one for the right-of-way. He said it was staff's understanding from Mr. Brooks' attorney that if the developer's extension was approved, Mr. Brooks would execute new documents with the city. Council Member Cooper said that even though she was not supportive of the outlet mall project, if the Council voted to extend the agreement, she thought they should require another letter of credit from the developer. Council Member Gonzales expressed support for the project. Responding to Council Member Martin, Mr. Bray said the previous agreement did not allow for an extension; therefore, a new agreement would have to be negotiated. Mr. Martin asked if anyone in the city had seen any signed leases with tenants. Mr. Hennings said he had not, and Mr. Utter said he had talked with tenants who said they had signed leases or had committed to sign leases. Mayor Neal called for comments from the audience. Mr. Brian Giffin, Manager of Sunrise Mall, said Sunrise Mall was competing for some of Minutes Regular Council Meeting July 15, 1997 Page 15 the same tenants as Mr. Samberg, and he objected to the Council extending Mr. Samberg's agreement. Mr. Jim Baxter, General Manager of Padre Staples Mall, said he and the other developers had addressed this issue previously and they had predicted that Mr. Samberg would not be able to develop the outlet mall. He said if it is ever developed, it will probably never be a true outlet center or will fail. He referred to specific statistics on revenues per square foot of retail development. A citizen who did not give his name began to speak on the situation at the Wesley Seale Dam. Mayor Neal pointed out that the Council was hearing comments on the factory outlet center at that time. Mr. Bill Brown said he represented a number of merchants in centers on the southside. He criticized several aspects of the proposal, and he said he did not think it would ever succeed. Mr. Stan Samberg reviewed the history of his efforts on this project and his ongoing commitment to it. He said he did not understand why he would be required to provide an additional letter of credit since there will be no more expenses to the city. He also responded to comments made by the previous speakers. Responding to Council members' questions, Mr. Samberg said he would have his attorney send to the city's attorney a letter verifying that they have a certain amount of signed leases. He stressed that he could not release tenants' names at this time, which he explained. He added that even though he had initiated a similar project in the Rio Grande Valley, his first priority was the Corpus Christi center and the other project was being postponed. Mr. Hennings added that the ramp reversals may be delayed but the city was ready to extend the utilities to the site when necessary. A discussion ensued about the possible structure of the agreement. Mayor Neal asked if there were any other comments from the audience. A woman who said she was present at the Council meeting for an upcoming zoning case expressed her support of the outlet center in Corpus Christi. Mr. A.C. Johnson said he and others have worked on this project for over three years, and he said it would benefit the whole city. Ms. Carol Wilkinson, President of the Northwest Business Association, also spoke positively about the outlet mall project. Mr Giffin said he did not think the city should be involved in this project. Minutes Regular Council Meeting July 15, 1997 Page 16 Mrs. Cooper made a motion to require that the extension agreement include an irrevocable letter of credit in the amount of $50,000. Mr. Martin seconded the motion to amend, and it failed to pass by the following vote: Cooper, Martin, and Neal voting "Aye"; Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, and McNichols voting "No." Responding to Council members' questions, Mr. Hennings said he thought the Council was directing him to follow the same concept in the previous agreement, including the requirement that the developer meet certain deadlines as well as the affirmation of the ramp reversal project. He added that staff could require that they view the developer's signed lease agreements. City Secretary Chapa polled the Council for their votes as follows: 8. M97-195 Motion authorizing the City Manager or his designee to negotiate an extension to Infrastructure Agreement, Amendment No. 1 with Samberg/Corpus Christi, Inc. which was authorized by Motion No. 97-030 on February 11, 1997. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and McNichols voting "Aye"; Cooper voting "No"; Neal abstaining. Mr. Longoria questioned why Mayor Neal abstained on the final vote, when he had previously voted on the motion to amend. City Secretary Chapa said an explanation of abstention was not required unless there was a conflict of interest. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 9. Case No. 697-3 The Salvation Army: A change of zoning from an "A-2" Apartment House District to a "B-4" General Business District on Jones Addition, Block 2, Lot 14, located on the west side of Josephine Street, approximately 130 feet south of Mestina Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a Special Council Permit for a halfway house subject to three (3) conditions. A representative of the Salvation Army briefly explained why the special permit for the halfway house was important in the operation of that facility. Council Member Martin made a motion to close the public hearing, seconded by Council Minutes Regular Council Meeting July 15, 1997 Page 17 Member Capelo, and passed unanimously (McNichols absent). City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 022987 Amending the zoning ordinance upon application by the Salvation Army, by granting a Special Council Permit for a halfway house subject to three (3) conditions on Jones Addition, Block 2, Lot 14; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 10. Case No. 697-6. David K. Braun: A change of zoning from a "R -1B" One -family Dwelling District to a "B-4" General Business District on Assessors Map 138, Tract 9, located on the west side of Rand Morgan Road, approximately 200 feet south of Interstate Highway 37. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. The applicant said their goal was to build storage buildings on the rear of their property, which is 11/2 acres of land, and that would require them to return at some time with a request to rezone the property to "B-4." Mr. Brandol Harvey, Director of Planning and Development, said that at the Planning Commission meeting, members of the church located across the street from the subject property had expressed concern about a bar locating there if the property was rezoned to `B- 4," but that was not their only concern. He added that next door there was a residential home which had a special permit for trampoline sales. Council Member Martin made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously (Cooper and McNichols absent). City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO 022988 Amending the zoning ordinance upon application by David K. Braun, by changing the Minutes Regular Council Meeting July 15, 1997 Page 18 zoning map in reference to Assessors Map 138, Tract 9 from "R -1B" One -Family Dwelling District to "B-1" Neighborhood Business District; providing for publication. 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 the public hearing on the following zoning case: 11. Case No. 297-4. ADHUB. L L.C.: A change of zoning from an "I-2" Light Industrial District to an "I-3" Heavy Industrial District on Industrial Heights Section 2, Block 2, Lots 1 and 2, located on the west side of Corn Products Road, approximately 850 feet south of Leopard Street. Council Member Martin made a motion to continue this zoning case as tabled and to set the hearing date for September 30, 1997, as recommended by staff. The motion was seconded by Council Member John Longoria, and passed unanimously (Cooper and McNichols absent). POSTPONED . _ .. PP a Zer.i.,g Maui.i n,f.,re,.cc to I.tdust.ial Ilcight3 Section 2, Block 2, Lots 1 and 2 fi°ei.. "I 2" Light Industrial Diste t to "I 3" Ilcavy Industrial District, p.evidiag fur publication * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 12 through 23, and Council Members requested that Items 13, 14, 16, 17, 19 and 20 be withheld for discussion. There were no comments from the audience on any of the consent items. City Secretary Chapa polled the Council for their votes and the following were passed: 12. M97-196 Motion approving the purchase of computer equipment and software from the Department of Information Services, an agency of the State of Texas, for a total amount of $50,287. The purchase is made through the State's Cooperative Purchasing Program. The equipment and software will be used by the South Texas Library System (STLS) and is funded through the library grant account. Minutes Regular Council Meeting July 15, 1997 Page 19 The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper and McNichols absent. 13.a. POSTPONED -_. • Court eetnputei system.,, ameading Ordarat.ec No. 022643 which adopt.,d thc 1'Y 1996 97 13.b. POSTPONED Motion approving th., pmehas., of compute. egnipmt..t from.. tilt- TeX -aa Department of - - ; $129,332.00. $62,161.00 $67,171.00 $129,332.00 purchasing agreement. Total amount of thc purchase is Teaa3 D.,par6..e..t of I..fe,...afiet. R.,,otrc..e, (DIR) Compaq Mai.t.faetur ng (th.o,igl, Leal at.ther:Led �enderL ell .) Grand Total 13.c. POSTPONED ••• €rem thc following ‘e.tders/parti.,s. This is based en low bid for a grand total of $30,786.57. AIIt.,JI Sepply, Inc. McCall Servie.,,, L.e. Nawer-k Cabling S..rv:ces, I..e. (N„ Mverl( Cable Drops) Netwe,k CaLl:..g Sct vices, I.ae. (Telephone Lines) City of Corpus Ch.;,t; Street D..part.netit Cra..d-Teta! 14. POSTPONED $ 4,681.32 $ 7,030.00 $12,222.93 $ 3,452.32 $ 3,400.00 $30,786.57 $33,038.18. These itet..s a1L listed n. thc approved FY 96/97 Capital Outlay -list. 15. M97-197 Motion authorizing the City Manager to issue Request for Proposals to out of town suppliers for Collection, Transportation and Disposal of Household Hazardous Waste. This service will be used by Solid Waste Services for their Household Hazardous Waste Collection Program. Minutes Regular Council Meeting July 15, 1997 Page 20 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. POSTPONED 17. POSTPONED Inn itatien No. BI 0175 97, basal on best bid, fora total cstin,atcd-almuai ex-peiiditd.r., of $54,900. The t.,rm of the agreeim,nt *Al K for to/chic .. ntthswit -a,n ie.:to eAttad • •- alp City -Manage, or -his d.sig..ec. Funds havc b ei. budget..d by thc Pim Department h. I'Y 96 97 ad.d regncst.,d fed FY 97-98. 18. M97-198 Motion authorizing the City Manager or his designee to execute a contract in the amount of $178,954 with GE Team Controls for the O.N. Stevens Water Treatment Plant Chemical Feed and Metering Replacement 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. 19. POSTPONED Seheol Distiiet property that thc City has developed inte Austin N.,i6hbe,lt.,ed Park. 21.a. M97-200 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $178,663 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. Minutes Regular Council Meeting July 15, 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. 21.b. ORDINANCE NO. 022989 Ordinance appropriating $178,663 from the Corporation for National and Community Service for the continuation of the Senior Companion Program to the No. 162 State/Federal Grants Fund. 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. 22. ORDINANCE NO. 022990 Ordinance appropriating $350,000 from the sale of City property to the United States of America for a new Federal Courthouse in the No. 220 Street Capital Project Fund to pay for the roof repairs and set up the escrow account authorized by Motion M96-349 authorizing the City to purchase the Alliance's interest in the East Half of Block 12, Water Beach Addition for the Gateway project. 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. 23. ORDINANCE NO. 022991 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 greater of $9,333.00 per month or 10% of gross revenues per month; 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. Minutes Regular Council Meeting July 15, 1997 Page 22 * * * * * * * * * * * * * Council Member Martin asked if the items pulled from the consent agenda could be postponed one week, and in the meantime the Council members who had questions on them could receive answers from staff. Mr. Hennings said he would like the Council to vote on Item 20 because of a meeting next week with the fire fighters. Mayor Neal then opened discussion on Item 20, contract with legal consultant for collective bargaining services. Responding to Council Member Garcia, Mr. Hennings said there were extended negotiations with the fire fighters union last year, which required a great deal of time for the department head who was assigned to head the negotiating team. He said it is also helpful to have an attorney be an active part of the negotiations. He added that Mr. Perez had previously worked for the city and Mr. Hennings expressed confidence in his abilities. A brief discussion ensued. City Secretary Chapa polled the Council for their votes as follows: 20. M97-199 Motion authorizing the City Manager to execute a contract for professional legal services with Ruben Perez to assist the City in collective bargaining negotiations with the Corpus Christi Firefighters Association and the Corpus Christi Police Officers Association, at a rate of $4,000 monthly, subject to appropriation. 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 called for the City Manager's report. Mr. Hennings listed some of the items scheduled for next week. It was concluded that the meeting would begin at 2 p.m. as regularly scheduled. Mayor Neal called for Council concerns and reports. Council Member Capelo distributed a memo listing four proposed goals of the Wesley Seale Dam Oversight Committee. Following a discussion, the Council agreed to delete the words "in policy and personnel" in the third goal, so that it would read, "To recommend changes as warranted by the results of the investigation." There was consensus of the Council to place the goals on an upcoming Council agenda for approval. Minutes Regular Council Meeting July 15, 1997 Page 23 Council Member Betty Jean Longoria referred to a problem with a property on Villa Drive. Council Member Martin referred to the Council's Municipal Court Committee. He said the committee members had not been receiving necessary information, and he suggested that the committee be disbanded, adding that he did not have time to serve on it. Council Member Garcia requested information on the next step in the study regarding the old County Courthouse building. He asked if any action was required at this time on the I-69 corridor initiative, and Mayor Neal replied not at this time. He also requested information concerning land located on Oso Parkway. Mrs. Longoria had a question about a previous agreement concerning library service in the northwest area. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 9:10 p.m. on July 15, 1997. * * * * * * * * * * * * *