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HomeMy WebLinkAboutMinutes City Council - 08/12/1997I 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 August 12, 1997, which were approved by the City Council on August 19, 1997. WITNESSETH MY HAND AND SEAL, this 19th day of August, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 12, 1997 2 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Jaime L. Capelo Jr.* Council Members: Alex L. Garcia Jr. Arnold Gonzales Betty Jean Longoria John Longoria Edward Martin Dr. David McNichols ABSENT Melody Cooper City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Ron Horton, Parkdale Baptist Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Gonzales. 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 29, 1997, and the special Council meeting of August 5, 1997. There being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jim Heitpas, 1418 Yucca Court, said he thought the old Nueces County Courthouse should be demolished. Mr. Glynn Pugh, 725 Harrison, urged the city to demand an immediate refund from Central Power and Light, which he said the company would not be willing to pay until February 1998 or later. City Manager Hennings replied that he had given verbal instructions to the city's counsel to Minutes Regular Council Meeting August 12, 1997 Page 2 join in the refund request, and Council Member Martin asked that Mr. Hennings confirm those instructions in a letter and forward it to the Council. Mr. Roy Martinez, 1440 Dahlia, discussed the importance of establishing a police substation, along with additional police officers, in the 78415 ZIP code area. Ms. Aim Middour, 1527 Lea Lane, said a friend of hers, Mr. Charles Jacobs, is an engineer who served on a committee in 1984 and 1985 with Mr. Hayden Head. She referred to a 1985 meeting concerning the Wesley Seale Dam which she said was attended by Mr. Jacobs and Mr. Edward Martin (City Manager at that time), along with other people. She said nothing was done about the dam at that time and she questioned whether anything would be done now by the Wesley Seale Dam Oversight Committee. Mayor Neal said there has been an extensive amount of information gathered and several meetings held on the issue, and he said they may be able to bring this to closure over the next few weeks. *Council Member Capelo arrived at the meeting at 2:20 p.m. Mr. J.E. O'Brien, 4130 Pompano, commented on maintenance on the water wells, as well as the need for the new Council members to be briefed on the needed repairs to City Hall. He said the consent agenda should consist of consent items, adding that there were some items on the day's consent agenda which he said did not belong there. In response to Mr. O'Brien's comments, City Manager Hennings said the city had filed a lawsuit against the construction contractor for City Hall involving some leaks in the building which has not yet been resolved. He added that water wells are funded from the utility fund and the ratepayers pay for the maintenance of those wells; also, the wells only need to be used during periods of severe drought. Regarding Mr. O'Brien's comments about the consent agenda, City Attorney Bray said that although there was not a legal requirement one way or the other, the policy is that consent items are routine items for which the Council has been provided sufficient background information so that the agenda can be expedited. He pointed out that any Council member or citizen can request that a consent item be pulled and put on the open agenda for discussion. Council Member Gonzales said he also thought that some items, such as the item about the Greater Corpus Christi Business Alliance's budget, did not belong on the consent agenda. Mr. George Balli, 2826 West Mount, suggested that Memorial Coliseum be renamed "Mary Rhodes Memorial Coliseum" and include plaques in the building's hall of past, present and future social and civic leaders. He also noted that the city was seeking another tenant for the Lichtenstein House in Heritage Park, and he suggested that the Tejano Academy of Fine Arts be considered as a tenant, possibly along with other grassroots organizations. Council Member John Longoria Minutes Regular Council Meeting August 12, 1997 Page 3 pointed out that Memorial Coliseum was so named in honor of the area's veterans. He suggested that the bilingual theater may be a possible location for Mr. Balli's organization. Mr. Leon Perez, 904 Buford, criticized what he said were "imported" engineers who would be used to help repair the Wesley Seale Dam. Mr. Jorge Matanzo, 1318 Waldron, thanked Mayor Neal for calling him to explain the Mayor's position on the homeless. Mr. Abel Alonzo, 1701 Thames, said he had been criticized by a citizen for speaking out at previous Council meetings about the Corpus Christi Taxpayers Association. Mr. Quint Gibson, a retired insurance investigator, said people should not be focusing on the history of problems at the Wesley Seale Dam but rather on what will be required to repair it. He added that he supported the possibility of bringing a AA professional baseball team to Corpus Christi, and he said he did not think that professional hockey would be successful here. At that point, there was a power failure, so Mayor Neal called for a short recess. * * * * * * * * * * * * * Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Ad Hoc Old Nueces County Courthouse Advisory Committee Glenda Kane Terry Orf Judge Hilda Tagle Linda Mora Dr. Jack Best Edwin Goodman Deborah Douglas Stan Graves Patricia Cano Bernard Paulson Board of Adjustmenj Peter Mahaffey Eloy Salazar Community Youth Development Steering Committee (784151 Mike Briones Adriana Salazar Raul Jimenez Salazar Jim Heitpas Ethics Commission Eduardo Hinojosa Landmark Commission Alan Belcher Senior Companion Program Advisory Committee Terri Center Minutes Regular Council Meeting August 12, 1997 Page 4 Planning Commission Brent Chesney Intergovernmental Commission on Drug & Alcohol Abuse Lucy Rubio (Reappointed) Jean Newberry (Reappointed) Velma Arellano Port of Corpus Christi Authority Ruben Bonilla ** Building Code Board of Appeals Brian Barnett Water Conservation Adv. Committee Charles Smith Vernon Camp Cuthrell H. Ray Johnson Jr. August Meinrath * * * * * * * * * * * Mayor Neal opened discussion on Item H., a presentation on the crime control and prevention district. Ms. Laurie Cook, chairperson of the temporary board of the proposed crime control and prevention district, said the board intends to present their entire proposal to the Council next week. She introduced three board members who were present: Rose Vela, Fernando Morales, and Marta Huerta. Ms. Cook said the board established five goals for the proposed district: to fund additional police officers for high -crime areas of the city; to decrease the incidents of criminal offenses associated with young offenders; to provide preventative measures to break the cycle of gang recruitment and violence; to reduce citizens' fear of crime; and to further the Police Department's ability to fight crime by adding technological enhancements and new equipment. Council Member Gonzales said he hopes that eventually police substations can be established, particularly in high -crime public housing areas. Ms. Vela replied that that concept had been discussed by the temporary board. City Manager Hennings reviewed the schedule by which the temporary board would call the November election for the proposed crime control district. A brief discussion ensued. In response to Council members' questions, City Attorney Bray pointed out that both the temporary board and the Council had to approve the crime control plan before it is placed on the ballot. The next presentation concerned the Community Progress Partnership (CPP) recommendations. Mr. Hennings said that city staff, working with the CPP Committee, will provide a fact sheet Minutes Regular Council Meeting August 12, 1997 Page 5 next week on each of the recommended CPP projects, as well as a report on discussions with the Attorney General's Office concerning the ballot language and eligibility questions of some of the projects. He added that, at the Council's request, staff will provide additional information on the proposal for a baseball stadium. Also, he said there were two CPP projects which did not have advocacy groups associated with them: the northside area projects and the Greenwood Learning Center project. Mr. Hennings then referred to amortization schedules for the CPP that had been provided to the Council last Friday in the City Council transmittal. Responding to Council Member Martin, Mr. Hennings said the current proposal included a 19 -year term. Mr. Martin asked what would be the amount of available funds if one year was added to the term, and Mr. Hennings said it would provide about $4.1 million in funds. In reply to another question from Mr. Martin, Mr. Tom Utter, Assistant City Manager for Development Services, discussed the possibility of having more than one bond sale for the CPP projects. He said the assumption is that all the income would be placed in income -bearing accounts up front to pay the debt service for future bond sales. He noted that the arbitrage requirements on the bonds would run for three years. Mr. Hennings said there is a provision to allocate a portion of the surplus funds to the trust funds. Responding to Mayor Neal, Mr. Utter also discussed the escalating available funds. Council Member John Longoria made a motion to subtract $940,000 from the $2.34 million being proposed for the 78415 Area Park and Learning Center project, for a new project total of $1.4 million. He said the project could be scaled down to reflect the proposed change in the funding amount. Dr. Gonzales seconded the motion. Ms. Maureen Bennett, a member of the CPP Committee, said that during the discussion Last week about this issue, Mr. Al Jones, CPP Chairman, had said the Committee preferred not to cut any projects they had recommended, but rather to extend the term a few months if the Council felt such changes were necessary. Upon verification from Ms. Bennett, Mayor Neal said the recommended projects had already been reduced by a certain percentage. Dr. Gonzales commented that he fully supported LULAC Council #1, which would develop the 78415 Area Learning Center, but he felt that a smaller -scale project would have a better chance of succeeding. Council Members Garcia and Capelo said the Council did not have enough information to conclude whether the project could be scaled down by almost $1 million. City Secretary Chapa polled the Council, and Mr. Longoria's motion to subtract $940,000 from the 78415 Area Learning Center project failed to pass by the following vote: Gonzales, J. Longoria, and Martin voting "Aye"; Capelo, Garcia, B. Longoria, McNichols, and Neal voting "No"; Cooper absent. Minutes Regular Council Meeting August 12, 1997 Page 6 Mr. Martin made a motion to increase the funding for the Texas A&M -CC and Youth Baseball Facilities project by $4 million, for a new project total of $6.5 million; Mr. Garcia seconded the motion. Mr. Martin said that although the final figures would still need to be determined, this change would allow for the recruitment and development of a AA baseball team for Corpus Christi. The motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols voting "No"; Cooper absent. Mr. Longoria made a motion that the CPP Committee work with staff and organizers of the Boys and Girls Club with regards to the Greenwood Learning Center project; Dr Gonzales seconded the motion. Mr. Garcia said he thought the Boys and Girls Club representatives should come forward and make the request. Mr. Martin said Mr. Longoria's motion did not involve giving any organizations any money; rather, it was meant to identify the Boys and Girls Club as an advocacy group for the Greenwood Learning Center project. Mr. Longoria's motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. Responding to Council Member Betty Jean Longoria, Ms. Cook said the CPP Committee had received proposals from both the Foundation of Hope and the Westside Business Association, portions of which overlapped. In addition, there were provisions in the Foundation of Hope proposal that cannot be funded using the CPP mechanism. Consequently, the committee worked with both organizations to include as much of the Foundation of Hope's projects in the Westside Business Association's proposal as possible. Mr. Capelo said he wanted to include a provision in the proposal for renovation of the Corpus Christi Ballet building that other non-profit dance organizations be allowed to utilize that facility. Mr. Longoria said he thought funds should be included for renovations to the Harbor Playhouse. Mr. Utter replied that city staff could meet with staff at the Harbor Playhouse to formulate a recommendation. Mr. Garcia asked if there had been a plan to expand the Harbor Playhouse, and Mr. Utter said there had been at one time, which he explained. Council Member McNichols asked about the figures for the single -member district trust funds. Mr. Utter said the proposal is to establish annual trust funds of $200,000 for each of the five districts. Dr. McNichols said that recommendations needed to be sought on how the district trust funds would be spent. Mayor Neal replied that members of the CPP Committee were formulating a strategic planning organization to do just that. Responding to Mr. Martin, Ms. Bennett said the CPP Committee envisioned the Minutes Regular Council Meeting August 12, 1997 Page 7 establishment of a program similar to the Municipal Arts Commission sub -grant program. She said the ultimate decision would still have to be made by the IDC. In reply to another comment by Mr. Martin, Mr. Hennings noted that the line item for streets and lighting does include some funding for the downtown street lighting program. Mr. Martin said that before any new facilities are constructed, it should be determined whether existing facilities --which are already being operated by organizations --can be renovated. Dr. Gonzales echoed Mr. Martin's comments. ************* Mayor Neal opened discussion on Item 3, setting a joint public hearing for the proposed crime control district. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 023024 Resolution setting a joint public hearing with the Temporary Board of Directors of the proposed Corpus Christi Crime Control and Prevention District on August 26, 1997 at 2:00 p.m. in City Council Chambers on the proposed two-year Crime Control Plan and a proposed two-year Budget Plan; and directing publication of notice of such hearing. The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper and B. Longoria absent. ************* Mayor Neal opened discussion on Item 4, Community Youth Development (CYD) program. Mr. Malcolm Matthews, Director of Park and Recreation, briefly reviewed the history of the formation of the CYD program. He also distributed a list of the recommended projects for FY 1997- 98 with the following organizations/entities: Communities in Schools, funding recommendation of $222,213; Greenwood Branch Library, $44,000; Community Connection, $43,814; Weed & Seed tile project, $21,750; Park and Recreation programs, $78,668; Teen Court, $10,953; fiscal agent (City of Corpus Christi) budget, $50,000 for administrative costs and $28,602 for a program coordinator. The total grant amount is $500,000. Mr. Matthews also explained why some of the organizations which had submitted grant requests had not been recommended for funding. Upon verification by Mr. Matthews, Council Member Martin said that $100,000 remained Minutes Regular Council Meeting August 12, 1997 Page 8 unspent from FY 1996-97, and he asked if any of those funds could be reprogrammed. Mr. Matthews said staff felt that would not be feasible because of the restrictions and the time involved in amending the current contracts prior to August 31 (the end of the current fiscal year). Responding to another question from Mr. Martin, Mr. Utter said the 78415 area has been included in the Weed and Seed program for next year. Mayor Neal also referred to the funds that had not been expended at the end of the current fiscal year, to which Mr. Matthews responded. A discussion ensued. Council Member John Longoria said he thought city staff had done well in taking on the responsibility as the fiscal agent of the CYD program in a very short period of time. He also asked about the reimbursement process and discussed the need for a program involving the Martineau Juvenile Facility. Council Member Capelo asked why only South Park and Baker middle schools were included in the Community Connection program, and he pointed out that Baker Middle School is not located in the 78415 area. Mr. Matthews noted that many of the students who attend Baker live in the 78415 area. Mr. Capelo said that Martin Middle School should be included as well since many of its students also live in the 78415 area. Mr. Matthews said staff would investigate that possibility. Mr. Martin said he agreed that the city took on a difficult task as the fiscal agent of the CYD program, and he suggested that the projects be closely monitored to ensure that they are meeting their goals effectively. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. M97-222 Motion authorizing the City Manager or his designee to submit the FY 97-98 Community Youth Development Program for the 78415 zip code to the Texas Department of Protective and Regulatory Services with projects as recommended by the Corpus Christi Community Youth Development Committee. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. ************* Mayor Neal opened discussion on Item 5, pre -planning for post -hurricane recovery operations. Minutes Regular Council Meeting August 12, 1997 Page 9 In response to Council Member Gonzales, City Manager Hennings said that by using the consultant's services, the city can ensure that it is prepared to obtain the maximum amount of federal funds possible following a hurricane, which he explained. He added that the process of disposing of debris is much more complicated now than it was several years ago when Corpus Christi had to deal with the problem the last time. Council Member Martin pointed out that this proposal is not a hurricane plan; rather, it is a recovery plan for how to obtain reimbursements. In reply to Council Member Capelo, Mr. Bob Shackelford, Director of Engineering Services, said that Phase II of the project would have to be negotiated, 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: 5. M97-223 Motion authorizing the City Manager or his designee to execute a professional services contract in the amount of $96,000 with Shiner, Moseley and Associates, Inc., to provide post -hurricane pre -planning services. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, adoption of the 1997 ad valorem tax rate. The Mayor called for comments from the audience. Mr. J.E. O'Brien said that by adopting the proposed tax rate, the city was giving the citizens approximately a 1'/a% tax increase. Responding to questions raised by Mr. O'Brien, City Attorney Bray said that a reference made by Mr. O'Brien did not refer to the economic development sales tax being considered in accordance with the Community Progress Partnership. Using visual aids, City Manager Hennings noted that the net assessed tax value has experienced very modest growth since 1986. With regard to the actual ad valorem tax revenues, Mr. Hennings said that in 1986 the city collected about $36 million, and staff is projecting to collect about $41 million in the current fiscal year. He also discussed how the tax rate is distributed among the different taxing entities, and he pointed out that the proposed tax rate is the same as last year. Minutes Regular Council Meeting August 12, 1997 Page 10 City Secretary Chapa polled the Council for their votes as follows: 6. FIRST READING ORDINANCE Prescribing the taxes to be levied, assessed and collected by the City of Corpus Christi, Texas, for the year 1997 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. The foregoing ordinance passed on first reading by the following vote: Capelo, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper, Gonzales, and Martin absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 7. Case No. 797-1 L & B Development Inc.: A change of zoning from an "A -1A" Apartment House District to a "R -1B" One -family Dwelling District on Flour Bluff & Encinal Farm & Garden Tracts, Section 10, being 9.94 acres out of Lots 6 and 7, located on the south side of Lipes Boulevard, approximately 700 feet west of Cimarron Boulevard. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 023025 Amending the Zoning Ordinance upon application by L & B Development, Inc., by changing the zoning map in reference to Flour Bluff & Encinal Farm & Garden Tracts, Section 10, being 9.94 acres out of Lots 6 and 7 from "A -1A" Apartment House District to "R -IB" One - Family Dwelling District; providing for publication. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * ** Minutes Regular Council Meeting August 12, 1997 Page 11 Mayor Neal opened the public hearing on the following zoning case: 8. Case No. 797-2. Port Enterprises. Inc.: A change of zoning from an "F -R" Farm -Rural District to an "I-2" Light Industrial District on Bohemian Colony Lands, Section 14, being 2 acres out of Lot 8, located on the south side of Saratoga Boulevard, approximately 1,250 feet west of the Crosstown Expressway extension. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member John Longoria made a motion to close the public hearing; the motion was seconded and it passed unanimously by those present and voting. Responding to Mayor Neal, Mr. Brandol Harvey, Director of Planning and Development, said the city has adopted land use restrictions relative to airport approaches. He said they do follow and present during public hearings the FAA and Navy requests and guidelines relative to the approach zones. He added that the Navy did not comment on this zoning case. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 023026 Amending the Zoning Ordinance upon application by Port Enterprises, Inc., by changing the zoning map in reference to Bohemian Colony Lands, Section 14, being 2 acres out of Lot 8 from "F -R" Farm -Rural District to "I-2" Light Industrial District. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * ** Mayor Neal opened the public hearing on the following zoning case: 9. Case No. 797-3. Spohn Memorial Hospital: A change of zoning from a "B-4" General Business District to an "I-3" Heavy Industrial District on 0.29 acre out of Share 9 of the Tyre Mussett 400 acre tract, located 260 feet north of Hospital Boulevard and 370 feet west of Nineteenth Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-3" District, and in lieu thereof. approval of a Special Permit for a medical helipad subject to a site Minutes Regular Council Meeting August 12, 1997 Page 12 plan and two (2) conditions. No one appeared in opposition to the zoning change. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 023027 Amending the Zoning Ordinance upon application by Spohn Memorial Hospital, by granting a Special Council Permit for a medical helipad subject to a site plan and two (2) conditions on 0.29 acre out of Share 9 of the Tyre Mussett 400 acre tract. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 10. Case No. 797-4 Emilio Cano: A change of zoning from an "A-1" Apartment House District to a "R -1B" One -family Dwelling District on Flour Bluff & Encinal Farm & Garden Tracts, Section 19, being 10.29 acres out of Lot 9 and 10, located on the west side of Rodd Field Road, approximately 650 feet north of Wooldridge Road. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member Gonzales, and passed unanimously by those present and voting. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 023028 Amending the Zoning Ordinance upon application by Emilio Cano, by changing the zoning map in reference to Flour Bluff & Encinal Farm & Garden Tracts, Section 19, being 10.29 acres out of Lots 9 and 10 from "A-1" Apartment House District to "R -1B" One -Family Dwelling District. Minutes Regular Council Meeting August 12, 1997 Page 13 An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * ** Mayor Neal recessed the regular Council meeting for the meeting of the Corpus Christi Community Improvement Corporation. ************* Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 12 through 20. Council members and a citizen requested that Items 12, 13, 14, and 19 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 15. M97-226 Motion authorizing the City Manager or his designee to execute a "Participation Agreement" in the amount of $30,000 per year with the Nueces County Local Emergency Planning Committee (LEPC) and Refinery Terminal Fire Company as part of the City's share of the Integrated Alert Notification and Information Plan project. The term of the agreement is five (5) years. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 16. M97-227 Motion authorizing the City Manager or his designee to solicit proposals from the community for the operation of the Lichtenstein House located at 1617 N. Chaparral in Heritage Park. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 17. ORDINANCE NO. 023030 Ordinance authorizing the City Manager or his designee to accept $69,267.05 from First Worthing Company as payment in lieu of construction one-half of Dunbarton Oaks and the supporting Public Utility Infrastructure ("Improvements") that are required to develop and Minutes Regular Council Meeting August 12, 1997 Page 14 plat Brighton Village Unit 5, Block 1, Lot 3; establishing a City interest-bearing account in the Infrastructure Trust Fund to deposit the funds, which are restricted for completion of the improvements when the property abutting the improvements and opposite Brighton Village Unit 5, Block 1, Lot 3 are platted. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 18. ORDINANCE NO. 023031 Ordinance transferring $676,950 from the No. 102 General Fund to the No. 162 Federal/State Grants Fund; appropriating $676,950 as matching funds for Senior Community Services Programs in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 20. ORDINANCE NO. 023032 Amending the Code of Ordinances, City of Corpus Christi, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, to adopt the 1996 National Electric Code, with minor alterations to the City of Corpus Christi Electric Code and to make miscellaneous amendments to the administrative chapter of the City of Corpus Christi Technical Construction Codes; 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, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, seawall parking lot. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said that the last time this proposal was on the Council agenda, Mayor Neal withdrew it. He said the reason was because the ordinance, as previously written, violated the City Charter by transferring funds out of the utility department. Mr. O'Brien asked how the Texas Minutes Regular Council Meeting August 12, 1997 Page 15 Constitution relates to the current proposed ordinance. Mayor Neal replied that he had requested the item be pulled during a previous meeting because he was not satisfied that the Council had enough information to vote properly on it; he said it had nothing to do with him questioning the staff's legal input. Mr. Utter further responded to Mr. O'Brien's questions. Council Member Martin pointed out that the Corpus Christi Community Improvement Corporation --not the city --was loaning the money. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 023029 Ordinance establishing Seawall Parking Lot Acquisition Trust Account No. 111-243.91 in the No. 111 Trust Fund; amending Ordinance No. 022993 which adopted the FY 97-98 Budget by adding $471,304.00 to the No. 111 Trust Fund, such amount consisting of $282,750 cash from Seawall Property Owners , a $145,000 loan from the Corpus Christi Community Improvement Corporation, and a $49,105 Receivable from the General Fund; appropriating $471,304.00 from the No. 111 Trust Fund for the purchase of Lots 13, 14, and 15, Block 45, Padre Island -Corpus Christi Section A, a subdivision of the City of Corpus Christi, as shown by map or plat thereof, recorded in Volume 33, Pages 97-99 of the Map Records of Nueces County, Texas for the purchase price of $450,000 plus accrued interest at 8% from December 29, 1996 to July 31, 1997. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, Wesley Seale Dam crest gate rehabilitation. In reply to Council Member Gonzales, City Manager Hennings said Abhe & Svoboda Inc. is the contractor that is doing the spill gate repair work at the dam, and that project is nearing completion. He said the proposed change order makes some adjustments in the contract at completion for the deletion of some structural steel work that was unnecessary, and the addition of floating bulkhead disposal and other equipment. Also, the installation of survey monuments that will be needed in the future to monitor movement of the dam can be done most economically by this contractor because they are already on site. Dr. Gonzales requested that any items related to the Wesley Seale Dam be placed on the regular agenda rather than the consent agenda. Minutes Regular Council Meeting August 12, 1997 Page 16 Council Member Capelo reiterated the importance of placing dam -related items on the regular agenda. He added that the language used to describe agenda topics related to the dam should be clearly indicated. Dr. Gonzales also requested a report regarding the amount of time it has taken to install survey monuments at the dam. Council Member McNichols said he did not agree that minor change orders on contracts that have been ongoing for many years need to be listed on the regular agenda. City Secretary Chapa polled the Council for their votes as follows: 13. M97-224 Motion approving Change Order No. 8 in the deductive amount of $61,259.24 to Abhe & Svoboda, Inc. for the deletion of structural steel repair/replacement/welding ($211,402.53), and the addition of floating bulkhead disposal, lifting devices for bulkheads and crest gates, pre-engineered arch building, and survey control/monitoring points ($150,143.29) at Wesley Seale Dam. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, acquisition of land for Airline Road project. Responding to Council Member Garcia, Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said there are a variety of ways that title companies are selected. City Secretary Chapa polled the Council for their votes as follows: 14. M97-225 Motion authorizing the acquisition of Parcel No. 6 located on the northwest comer of Airline Road and Wooldridge Road for $43,009 in connection with the Airline Road Street Improvements Project. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. Minutes Regular Council Meeting August 12, 1997 Page 17 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, Greater Corpus Christi Business Alliance budget. The Mayor asked if there were any changes between the Alliance's initial budget that was presented to the Council recently and the one being proposed. Mr. Alex Harris, Alliance Chairman, said the Alliance has not had a board meeting to propose any changes since the budget was initially presented. Council Member Capelo said this was another item that belonged on the regular agenda rather than the consent agenda. He said he wanted to meet with the Alliance leadership to further discuss their budget prior to the second reading of the ordinance. Council Member John Longoria suggested that the Alliance explore the possibility of working with the Hispanic Chamber of Commerce on a fee-for-service basis. Responding to Council Member Gonzales, City Attorney Bray said the Council is required to approve the Alliance's budget with respect to revenues from the hotel/motel taxes. Mayor Neal pointed out that the Port of Corpus Christi Authority and Nueces County, along with the city, also contribute monies to the Alliance for economic development purposes. Council Member Martin suggested that the Alliance give a presentation on how the funds are being expended for economic development. However, he said, the Council has a legal obligation to adopt an Alliance budget that they believe legally expends the hotel/motel tax revenues, and that process should not be delayed. Council Member McNichols said the Council should avoid trying to micro -manage the Alliance. He said that as far as he could tell, the return on the city's investment in the Alliance has always been good. City Secretary Chapa polled the Council for their votes as follows: 19. FIRST READING ORDINANCE Approving the Fiscal Year 1997-98 Budget for the Greater Corpus Christi Business Alliance. The foregoing ordinance passed on first reading by the following vote: Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Gonzales voting "No"; Cooper absent. * * * * * * * * * * * * * Minutes Regular Council Meeting August 12, 1997 Page 18 Mayor Neal called for the City Manager's report. Mr. Hennings said staff had sent the Council a report on a new borrowing program called tax-exempt commercial paper which they believe will save the city money in its capital improvement program. He said Mr. Jorge Cruz-Aedo, Director of Finance, would give the Council a presentation on the proposal, and next week staff plans to ask the Council to consider an action item authorizing them to proceed. Mr. Cruz-Aedo highlighted some of the features of tax-exempt commercial paper, which he described as a short-term, unsecured promissory note issued by the city which is backed by a letter of credit by one or more banks. He said it has maturities which range from one to 270 days, and is issued as debt is needed for specific payments. He said commercial paper "rolls over" (is renewed) periodically until the city decides to close the program and refinance it through the traditional debt forms. He noted that the interest rate on commercial paper is typically two percentage points less than traditional forms of debt. Mr. Cruz-Aedo said that this program would require the city to have a commercial paper dealer, who markets the commercial paper on behalf of the city, as well as a credit provider and the issuing agent. He went on to describe the benefits of such a program, and how it could be applied to fund the city's utilities capital improvements. The Finance Director then responded to several Council members' questions. Mr. Hennings said Mr. James Dodson, Regional Water Director, would give the Council an update on the Nueces Estuary return flow diversion project. Mr. Dodson described a significant change in one component of the proposed project --Valero requested an indemnification from the city of any and all liabilities associated with the diversion of their effluent to a new location. Following discussions with Valero representatives, city staff felt it would not be prudent for the city to fully indemnify Valero, who concluded that they could not proceed without that guarantee. As a result, staff is in the process of redesigning the concept and are proposing that the amount of effluent that Valero would have diverted could be replaced by the diversion of additional municipal effluent. Mr. Dodson also described the time table that is required to meet the deadline for the project. Mr. Shackelford then briefed the Council on the first monthly report from Freese & Nichols on their contract at Wesley Seale Dam, which was distributed to the Council. He said the installation of instrumentation is proceeding, as well as soil borings that have been taken. He described in some detail portions of the work being done. Council Member McNichols requested information on the number of acre-feet that the city would have to release if the level of Lake Corpus Christi was raised to 94 feet in the two large target months. Council Member Capelo asked staff to make sure that the Council receives any written reports or information pertaining to the Wesley Seale Dam. Responding to questions from Council Minutes Regular Council Meeting August 12, 1997 Page 19 Members Capelo and Gonzales, Mr. Shackelford and Mr. Hennings briefly addressed the preliminary test results regarding the uplift pressure on the north spillway of the dam. Concluding his report, Mr. Hennings said that on August 13th the Nueces County Commissioners will consider the proposal to add the $1.50 charge to the vehicle registration fee to pay for the school crossing guard program, which he briefly described. Items scheduled for the August 19th Council meeting include several on the water issue. City Attorney Bray also discussed the time table for calling the election for the Community Progress Partnership recommendations and the proposed crime control district. Mayor Neal asked Mr. Capelo, Chairman of the Wesley Seale Dam Oversight Committee, about that committee's time line and when the members might bring any reports to the full Council. Mr. Capelo said the end of the investigation was not currently in sight. He added that the rest of the Council had been provided with the same documents that the three committee members had been given concerning the dam, and he invited the Council to attend and participate in the Oversight Committee meetings. The Mayor asked staff to make a presentation on the city's position to the Metropolitan Planning Organization, and he noted that representatives of the Veterans Land Board were visiting Corpus Christi. * * * * * * * * * * * * * Mayor Neal called for Council concerns and reports. Mr. Martin referred to a new law in which 9-1-1 fees will be attached on mobile phone services, and he asked staff to report on how that may affect the city's budget. Mrs. Longoria raised the issue of the full Council participating in the Wesley Seale Dam Oversight Committee, and several Council members expressed their opinion on the subject. Mrs. Longoria made a motion to expand the Oversight Committee to five members, seconded by Dr. Gonzales. The motion failed to pass. Mrs. Longoria then made a motion to increase the membership of the Oversight Committee to the full Council, seconded by Mr. Martin. The motion passed. Mr. Capelo made a motion to decrease the quorum of the Oversight Committee from five to three persons, seconded by Dr. Gonzales. The motion passed. Mr. Hennings said staff would bring those actions back to the Council next week to formalize them. Minutes Regular Council Meeting August 12, 1997 Page 20 Mr. Longoria said the Alliance was sponsoring a small business development workshop August 14th, and he noted that there would be a Texas Municipal League regional meeting in Rockport August 21st. He commented that some bus benches were blocking the view on some roadways. Mr. Capelo requested an update on the old Frost Brothers building, and he asked staff to begin investigating funding sources for the repair of the Wesley Seale Dam. He noted that Freese & Nichols had estimated that repairs could cost a minimum of $20 million and may begin some time in 1998. Mr. Hennings said staff would provide a report. Mr. Garcia questioned the costs that have been and will be incurred with the Wesley Seale Dam Oversight Committee investigation, and he asked that the costs be monitored. Dr. McNichols asked about the voluminous amount of documents regarding the dam that had been provided to each Council member. Mr. Capelo said the issue had been raised about each Council member having access to that information, so he decided to provide it to them individually. Mr. Martin suggested that the Council spend some time soon collectively addressing what they hope to accomplish in the next few months in terms of moving the city forward. Dr. McNichols commented on the length of the Council meetings, saying that allowing the public to comment at the beginning of the meeting was counterproductive. Mayor Neal said he understood Dr. McNichols' concerns; however, during his campaign for office, he heard that the Council had a reputation of not being open and responsive to the public, and he said he would not support moving the public comment portion to the end of the Council meeting. Dr. Gonzales commented on the need to have open communication during the meetings. Dr. McNichols made a motion to move the public comment portion to the end of the agenda, seconded by Mr. Martin. City Secretary Chapa polled the Council, and the motion failed by the following vote: J. Longoria, Martin, and McNichols voting "Aye"; Capelo, Garcia, Gonzales, B. Longoria, and Neal voting "No"; Cooper absent. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:25 p.m. on August 12, 1997. * * * * * * * * * * * * *