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HomeMy WebLinkAboutMinutes City Council - 08/19/1997I 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 19, 1997, which were approved by the City Council on August 26, 1997. WITNESSETH MY HAND AND SEAL, this 26th day of August, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 19, 1997 2 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Jaime L. Capelo Jr. Council Members: Melody Cooper Alex L. Garcia Jr. Arnold Gonzales Betty Jean Longoria 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 the Rev. David Evans, Parkway Presbyterian Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member John Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of August 12, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * ** Mayor Neal called for petitions from the audience. Mr. Brian Griant proposed that a memorial to former Mayor Mary Rhodes be placed in Monument Park. He explained why he did not agree with changes that have occurred along Corpus Christi's bayfront. Mr. Phil Rosenstein thanked the Mayor and Council members who supported keeping the comments from the audience at the beginning of the Council meeting. He criticized what he said was an attempt by a Council member to minimize the repercussions that have resulted because of a bulge on the north spillway of the Wesley Seale Dam. Minutes Regular Council Meeting August 19, 1997 Page 2 Mr. Alan Lucke, 202 Lorraine, said he was past president of the board of the U.S.S. Lexington Museum. He thanked the Council for their support of the Community Progress Partnership (CPP) proposals, in particular the projects relating to improvements for the Texas State Aquarium and the Lexington Museum. Ms. Sylvia Whitmore, 361 Merrill Dr., thanked the members of the CPP Committee for the many hours they have dedicated to the CPP. She added that the majority of the proposals will benefit the children of the community, and she thanked the Council members for their support. Mr. Bill Otten, Executive Director of the Art Museum of South Texas, said he also appreciated the Council members' support for the CPP. He described the vision of Mr. Edwin Singer and others to build a museum on the bayfront that can provide a link with Mexico, which is still the goal of the art museum as it celebrates its 25th anniversary in a few months. Mr. Gonzalo Tamez, President of LULAC Council #1, assured the City Council that LULAC is fully committed to the youth academy that is proposed in the 78415 Area Park and Community Learning Center CPP project. He said LULAC has always promoted educational efforts, and this project will help to address the high drop-out rate among Hispanic youths. Mr. Leon Perez criticized the increase in the entrance fee for Bayfest. Ms. Alba Solis and Ms. Crystal Jasso said they were representing the civic -minded seniors from West Oso High School. They referred to the CPP recommendations and the proposed crime control and prevention district. Specifically, they recommended that a police substation be established in the Molina Neighborhood Center and at West Oso High School, and that street lighting in the neighborhoods around West Oso be improved. They also recommended other improvements. Mr. Irving Dietz, 455 Miramar, said that during the C.C.'90 funding process, millions of dollars were diverted from their original intention for another purpose. He added that with regard to the current CPP proposals, citizens should be assured that their money will be spent as indicated. Mr. J.E. O'Brien, 4130 Pompano, said the Council should be briefed about litigation concerning problems with the construction of City Hall. He also complimented the Mayor and other Council members for voting last week against the effort to move the public comment portion to the end of the Council meeting. Ms. Alicia Gallegos -Gomez, 1017 Harrison St., discussed Foundation of Hope Inc., which she explained was established in 1990 and which has contributed almost $500 million in charitable acts to the children and families living along the Agnes -Laredo corridor and the intersecting streets there. Minutes Regular Council Meeting August 19, 1997 Page 3 Mr. Neal Trolinger, 337 Stages Dr., said that other issues which should be put before the voters are the Gateway Project and the Garwood water issue. He said he was also concerned about the proposals to raise taxes since the cost to repair Wesley Seale Dam had not yet been determined. Jake Wilson, a 4th grader at Annapolis Christian Academy, and Danny Vargas, a 4th grader at London School, told the Council how they were glad to help in the effort to clean up Corpus Christi. Mr. Quint Gibson, 4505 Lamont, urged the Council to concentrate on how to repair the dam rather than on when and how mistakes regarding the dam were made and by whom. Responding to Mr. Dietz's comments, Council Member Martin pointed out that the money that had been planned for the southside recreation center in the bond program was matched with funds from Corpus Christi Independent School District in order to build the Natatorium, which includes the pool and community center. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, Wesley Seale Dam investigation. The Mayor explained that on June 22, 1997, after the Council had learned about the problems at the dam, he asked the City Manager to bring forward a plan to investigate the issue. A committee consisting of Council Members Capelo, Martin, and Betty Jean Longoria was appointed by the Mayor to study the issue, and the city's Internal Audit Department was charged with gathering information on the dam. He said the Oversight Committee members, the Internal Audit Department and city staff had done an excellent job in gathering the data. Mayor Neal said the questions that have been asked are: "who, what, when, where, how, and how much did we know?" He said the Internal Audit Department's report that was issued July 31, 1997, pertained to the period from 1991 to the present. He said that report did an excellent job in answering most of the questions that have been raised. He said the focus should now be on how the city will move forward with regard to the dam. The Mayor noted that City Manager Hennings had given a report earlier that morning during the meeting of the Oversight Committee; however, since not all of the Council members were present, he asked Mr. Hennings to present his report. In his report, Mr. Hennings first reviewed the facts that are known about the situation. He then discussed his conclusions and recommendations. He pointed out that ownership of the dam was conveyed to the city in 1986. The Lower Nueces River Water Supply District was dissolved when the debt for construction of the dam was paid off. Until 1986, oversight of the dam was vested in a three-member, elected board of directors of the district. Generally, during the history of the district, Minutes Regular Council Meeting August 19, 1997 Page 4 a district office with a full-time engineer and a secretary attended to the district's responsibilities for stewardship of the dam. Mr. Hennings said that records maintained by the district were extensive and meticulous. When oversight by the district board was terminated, no process was established to enable the City Council to continue oversight of the dam. In addition, there were no changes in staffing, budget, or organization of the Water Department. New communication protocols were not developed, and record keeping was greatly diminished. Mr. Hennings said that beginning in 1970, the system of annual dam inspections performed by outside consulting engineers worked well. Deficiencies were identified, and recommendations were made in response in a timely manner. He added that the inspection reports were formal reports easily reviewable by responsible parties. However, after 1986, communications about inspection deficiencies was lacking; in particular, the City Council was not notified of the results of annual inspections. The City Manager also briefly discussed two major repair projects since 1987 that were not implemented in a reasonable time between the identification of the deficiency and the award of engineering and construction contracts. Mr. Hennings stated that in 1991, the annual inspection report by outside consulting engineers, as well as correspondence from the dam safety staff of the state agency, indicated that additional study of cracked conditions was needed. In addition, that issue was raised in every subsequent annual inspection report and in letters from the state agency. In 1993 both the consultant and the dam safety staff emphasized that the matter should be given priority. Although some investigative activities occurred between 1991 and 1995, the record shows that the matter was not given priority until late 1995, and the study was authorized in 1996. The City Manager reported that communications with the City Council concerning the dam have also been inadequate. The only communications with the City Council about the maintenance and repair of the dam between 1986 and 1997 were related to the award and status of contracts involving expenditures greater than $15,000. Briefings of the City Council by staff in 1992, 1993, 1994, 1995 and 1996 about capital improvement needs of the utility systems included the crest gate rehabilitation project, the bunger valve repair, and repair of the control building, but no other repair needs related to the dam were addressed. He said that written recommendations to the City Council in 1995 and 1996 (for approval of a contract for the annual inspection of the dam and for approval of a contract for spillway structural and stability analyses) were placed on the consent agenda but were not discussed at the City Council meetings. Also, he said there is no indication that any reports were made to customers outside the City of Corpus Christi or to city and county officials in the area served by the city's water supply about dam inspection results and dam repair projects. Minutes Regular Council Meeting August 19, 1997 Page 5 Mr. Hennings discussed the following conclusions: that the dam is a unique asset, in magnitude and importance, and deserves more attention than the city's other assets; relying on an informal process for operation and maintenance is not sufficient for an asset such as the dam; adjustments in organizational structure, budget, staffing, and training are needed when additional responsibility is assumed, which was the case with the dam; there is nothing to indicate that any person intentionally committed any wrongdoing; and the drought and the Lake Texana pipeline were not factors in this issue. Mr. Hennings also made the following recommendations: the results of each annual inspection of the dam should be promptly reported, both orally and in writing, to the City Council; similar reports should be provided about the condition of Choke Canyon Dam; periodic reports should be made to the City Council on the engineering consultant's progress to install monitoring systems at the dam and to investigate the stability of the dam; and a program should be established to inform area city and county officials about activities related to the dams. In addition, he said, the internal audit should continue and follow up on work done to date: complete an operations analysis of water reservoir management, operations, and maintenance; make recommendations addressing communications and the reporting process, staffing, records management, and other issues; and develop an expanded internal audit program to examine organization -wide implications, including the need for establishing formal written operating policies. Council Member Capelo, Chairman of the Wesley Seale Dam Oversight Committee, said the committee as a whole was generally pleased with the report prepared by Mr. Hennings. He said it exemplified the necessity of the city having a communication process and written policies in place to ensure that not only the dam but any other type of important structure or project be handled with the utmost care with regard to expending taxpayers' monies. Mr. Capelo said the Oversight Committee did not adopt Mr. Hennings' recommendations at this point. They did adopt a report by City Attorney Bray concerning the process by which the committee would ask any further questions. He said the committee's goal is to present its report and recommendations to the Council on August 26, 1997, and he asked the Council members to submit to him any questions they may have about the dam which he will forward to Mr. Bray and Mr. Hennings for a response. The other option would be to question people during next week's meeting using the guidelines the committee adopted for that purpose. Responding to a question from Mayor Neal, Mr. Hennings said the operations analysis of the water supply function should be finished by about the middle of September. Council Member McNichols commented that Corpus Christi has a Council -Manager form of government and the Council should not micro -manage the day-to-day operations of the city. He said somewhere in the process they need to define what should be communicated at what level, as Minutes Regular Council Meeting August 19, 1997 Page 6 well as the Council's response to that. Dr. McNichols also questioned the need to communicate that information to other officials in the area. Mayor Neal pointed out that the County Judge in San Patricio County raised some very serious questions about the city's evacuation plan and their failure to communicate information on a number of issues. Council Member Gonzales encouraged all the Council members to attend next week's meeting of the Oversight Committee. He said the Council was not trying to micro -manage anything, and he said a systemic approach as recommended by the City Manager was needed so that everyone will know the extent of their responsibilities. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2. M97-228 Motion expanding the Wesley Seale Dam Oversight Committee membership from three members to the full Council and establishing a quorum of the committee at three members. 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 3, crime control and prevention district plan. Ms. Laurie Cook, Chairperson of the Temporary Board of Directors of the Corpus Christi Crime Control District, introduced the board members who were present: Isaac Valencia, Rose Vela, Dr. Sandra Lanier -Lerma, and Fernando Morales. She also introduced alternates who participated in the board's meetings, Capt. Sam Granato, David Longoria, and Dr. Joseph Lopez, and she acknowledged the assistance of city staff members, including Mr. Hennings, Mr. Bray, Police Chief Alvarez, Jorge Cruz-Aedo, Assistant Police Chiefs K.A. Bung and Lou Villagomez, Cmdr. Bryan Smith, Capt. Mark Schauer, Capt. Wayne Tisdale, and Pat Eldridge. Ms. Cook briefly explained the legislation that allows cities to create a crime control and prevention district. She said the plan itself has to be a detailed list of crime control and prevention strategies that would be supported by the district, as well as a method of annually evaluating the effectiveness and efficiency of each strategy. She also described regulations regarding the district's budget, and she noted that the proposed budget does not include any funds for administration. Ms. Cook stated that the plan itself is divided into four sections: executive summary; two- year budget and five-year forecast; implementation time line; and details of the plan. She said the Minutes Regular Council Meeting August 19, 1997 Page 7 goals of the crime control district are to fund additional police officers in high -crime areas of the city; to decrease the incidence of criminal offenses associated with young offenders; to provide preventive measures to break the cycle of gang recruitment and violence; to reduce citizen' fear of crime; and to further the Police Department's ability to fight crime by adding technological enhancements and new equipment. In addition, the plan's four target areas are community-based policing; violent crime and gangs; enhancement of investigative and enforcement capabilities; and police technological and equipment enhancements. Police Chief Alvarez described in detail the proposed crime control district plan, which he said will lay the foundation to gradually shift from the traditional way of policing toward a community -policing program. He explained that community policing is an operational philosophy for neighborhood problem -solving that allows for closer interaction between police officers and residents, largely by having police officers patrol on foot more frequently. Chief Alvarez said the plan includes increasing the number of officers in various Police units and other improvements as follows: add 10 officers to the Juvenile Enforcement Team (JET), which would allow for the establishment of a second shift to target the habitual criminals who commit the majority of crimes in Corpus Christi; add five officers to the bicycle patrol program to continue patrolling the neighborhoods and public housing complexes; provide for a street lighting program in high -crime areas; create three moped patrol units; develop a directed patrol program to provide for eight officers to patrol areas where crime will likely occur, along with the formation of citizen advisory councils; establish a high school campus crime stoppers program with one officer assigned on a full-time basis; and set aside funds to hire 10 off-duty officers, five hours a day for 184 days of the school year to provide an added police presence in the schools with the highest crime problems. The Police Chief said the plan also calls for the establishment of a juvenile curfew and truancy assessment center, which would comprehensively address the needs of "at -risk" and delinquent youths. It would combine the efforts of law enforcement with professional counselors who would be available on a 24-hour basis to bring needed services to juveniles who commit first- time or status offenses including truancy and curfew. He said that nine civilians, related equipment and building necessities would be needed to establish such a facility. Chief Alvarez said that other proposed additions and improvements to the Police Department would be to: hire a police legal advisor, particularly in light of the department's plans to implement an anti -gang ordinance and to utilize the nuisance abatement statutes to declare gangs a nuisance; add one officer on a full-time basis and a drug dog to expand the canine unit; add two officers to the traffic safety section on a full-time basis and set aside additional funds to hire officers on an overtime basis to improve DWI enforcement; and hire three additional full-time data entry clerks to expand the pawnshop detail. Minutes Regular Council Meeting August 19, 1997 Page 8 The Chief said the department is also in need of equipment enhancements, such as a digital video camera mugshot system that would be networked into the county's mug photo system so that mugshots can be viewed and printed at the Police Department; six mobile data terminals for plainclothes personnel (three for special services and three for the criminal investigation division); replace 16 marked police -package vehicles that are over 100,000 miles each and 10 unmarked vehicles (which would be used by plainclothes investigators); four replacement identification vans for the I.D. technicians; and one additional prisoner transport vehicle. Mayor Neal asked what the process would be to implement the crime control district. Ms. Cook replied that next week the Council and the Crime District Board will hold a joint public hearing, at which time they will consider the two-year budget and the plan, with any modifications that may need to be made. Several Council members commended the Crime District Board and city staff for their efforts. In response to their questions, Chief Alvarez further explained different aspects of the crime control plan. A discussion ensued regarding the current Truancy Reduction Impact Program (TRIP) and the proposal to establish a 24-hour juvenile curfew and truancy assessment center, as well as the proposal to hire additional civilian support staff, including dispatchers. There were also discussions about different aspects of the proposed plan's budget, and the grant to hire a consultant to study how to improve the Police Department's effectiveness. In response to other Council members' questions, Ms. Cook explained that if the crime control district is approved by the voters, it would be in effect for five years, at which time the permanent board of the district can call for a continuation election for an additional period of five, 10, 15, or 20 years. She added that a reserve would be established in the event that the district was not continued after five years to help transition the additional costs back into the city's budget. Ms. Rose Vela and Mr. Isaac Valencia, two members of the Temporary Board, briefly commented on the crime control plan. Mr. Hennings stated that the Council would need to determine the membership of the permanent board for the district, and City Attorney Bray said the Council had the option of serving as the board members themselves; appointing a seven -member board; or each Council member appointing one member to a nine -member permanent board and that member would serve at the pleasure of the Council member who appointed him or her. There was a brief discussion about the possibility of choosing the third option for appointment of the permanent board, which will be determined. * * * * * * * * * * * * Mayor Neal called for a short recess. * Minutes Regular Council Meeting August 19, 1997 Page 9 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, Community Progress Partnership recommendations. Mr. Al Jones, Chairman of the CPP, pointed out that the recommendations had been discussed at length at previous Council meetings, and more information had been provided to the Council members in response to questions they had raised. City Attorney Bray said CPP Committee members and city staff had several discussions with the Attorney General's Office, and as a result they decided to recommend a Section 4B election for the CPP. He said the additional sales tax can be made to come to an end after a certain time period, possibly 20 years, by limiting the life of the trust funds and limiting the life of the amortization period on the ballot. Mr. Bray went on to describe some of the provisions of Section 4B of the statute for creating a non-profit corporation funded by a sales tax for economic development. He said the board of directors of the corporation that would be formed would consist of seven members appointed by the City Council who would serve at the pleasure of the City Council for two-year terms. He said the board members would have to be city residents, and three of them must be persons who are not city officers or employees. Mayor Neal then asked for Council comments on the recommended projects in the order they are being proposed to be listed on the ballot. With regard to Item 1 -Youth Park Complex Improvements (Price, Waldron, Northwest, South Guth, Greenwood/Horne, and Bill Witt), Council Member Betty Jean Longoria discussed what she said was a need to improve the Ben Garza Recreation Center area, possibly with the addition of a pool there, in the amount of $500,000, for a project total of $8.44 million. A discussion ensued. Council Member McNichols asked about the requirements to receive funding under Item 7 - Streets, Lighting, Curbs and Gutters, Sidewalks and Drainage. Mr. Tom Utter, Assistant City Manager for Development Services, replied that the money would primarily be spent on arterial roadways, which would allow for funds in the city's budget to be used for other areas. Mayor Neal referred to Item 9 -New Fire Training Center. He asked if that could be designated as a public safety training center. Mr. Bray said staff would review that issue. Council Member Capelo asked why the CPP Committee was recommending a $200,000 increase in the funding for Item 12 -Nina Seaport and Marina. Mr. Jones said it was because the Columbus Fleet received significantly less money than anticipated in the settlement of their lawsuit Minutes Regular Council Meeting August 19, 1997 Page 10 stemming from a barge accident that damaged the Columbus ships. Council Member Gonzales asked about Item 14-Greenwood/Horne Park and Community Learning Center. Mr. Jones said the CPP Committee approached the Boys and Girls Club and they are amenable to possibly managing and providing oversight to that project; he said the details still needed to be discussed. Council Member Martin questioned the description for Item 19 -Northwest Golf Course, particularly the statement that additional funding through revenues from the outlet mall are not being anticipated. Mr. Utter said that did not imply that the outlet mall is no longer viable; rather, that the CPP could fund the golf course separate from the outlet mall. A discussion ensued, and Mr. Martin pointed out that the golf course did not have to be located adjacent to the proposed outlet mall. He suggested that the project's description be changed to provide a third municipal golf course for northwest Corpus Christi. With regard to Item 20 -Texas A&M -CC, Youth, and Professional Baseball Facilities, Mayor Neal asked about TAMU-CC's involvement with a baseball facility. Mr. Dan Viola, Athletic Director at TAMU-CC, said the university would be amicable to any location in the city, and there have been discussions about possibly locating it on the westside. He added that the university would be responsible for the operation and maintenance of the baseball facility. In response to Council Member Gonzales, Mr. Viola said student fees would not be charged for the baseball facility because it would be located off campus. Mr. Martin also questioned Item 30 -Harbor Playhouse Improvements. He said that organization had not previously submitted a funding request to the CPP Committee, and they were now seeking $710,000 in funding. Council Member John Longoria said he had previously raised the issue because he felt improvements were needed at the Harbor Playhouse, but he did not think the request for expansion was justified. Mayor Neal suggested that $500,000 be subtracted from that proposal and added to Item 1 for the improvements recommended by Mrs. Longoria for the Ben Garza recreation center, and there was a consensus of the Council to do so. A brief discussion ensued. Council Member Capelo asked about Item 32 -Trust Fund for Community Projects by Districts. In response, Mr. Jones said a district Council member could make recommendations for projects as part of the funding process. Mr. Martin referred again to Item 20 regarding the baseball facility. Mr. Jones pointed out that there was a provision in the statute concerning having a sports venue in association with a state - supported university. Mr. Bray said he thought that issue was flexible. Mr. Martin said that according to those who would like to bring a AA professional baseball team to Corpus Christi, about $9 million to $10 million would be needed to build a baseball facility to house that team. Minutes Regular Council Meeting August 19, 1997 Page 11 Following a discussion, Mr. Martin said he would like to change the wording on Item 20 to state that the funding would be an amount not to exceed $9 million, and Mr. Jones addressed Council members' questions and concerns about maintaining the term of the tax increase at 20 years. Dr. McNichols said an important community project was the elevation of the J.F.K. Causeway, and he suggested that the CPP could provide $2.5 million in matching funds in order to construct that project. Comments from Council members and staff then followed. Mr. Capelo commented on the need to include the district Council members in the process for funding projects through the trust funds, and a brief discussion ensued. Mr. Bray also briefly reviewed a memo he had given to the Council concerning discussions with the Attorney General's Office about three of the CPP projects. * * * * * * * * * * * * * Mayor Neal deviated from the regular agenda and asked for the update on the Lake Texana pipeline. Mr. Frank Brogan, Project Manager for the pipeline, discussed right-of-way acquisition, pipeline design and construction, and construction of the pump stations and river crossings. He said that over 80% of the easements have been signed, and 31 miles of pipe has been fabricated, with 5.5 miles of pipe installed. He said a second construction crew will be assembled in about a week, with a third crew to be added later. The pump station work at Woodsboro and Bloomington has begun, and project officials are currently analyzing bids for the directionally drilled river crossings. Mr. Brogan said expenditures to date are about $23.7 million, and the project is still expected to be completed during summer 1998. Mayor Neal requested that regular reports on the project's budget be provided to the Council. Council Member Garcia asked several questions about different aspects of the project, including pipe sizes, and Mr. Brogan gave a detailed response. Mayor Neal then opened discussion on Item 5, Corpus Christi/San Antonio cruise partnership. Mr. John LaRue, Executive Director of the Port of Corpus Christi Authority, said a cruise partnership could mean an increase in jobs in Corpus Christi --particularly in the tourism, hospitality and construction industries --as well as increased visibility for the city. He said if the endeavor is successful, it is estimated there will be an additional $8 million to $10 million in spending annually, based on the assumption of one cruise ship docking in Corpus Christi for 26 weeks out of the year. Minutes Regular Council Meeting August 19, 1997 Page 12 He said the addition of cruising could benefit the Corpus Christi International Airport in attracting new air service and additional passengers. Mr. LaRue explained why it is important for Corpus Christi to partner with San Antonio in this effort. He said if the Corpus Christi City Council approves the resolution, the next step would be to present the concept to San Antonio's City Council. If that is also successful, a joint meeting between the two cities' Councils and business leaders could be held sometime in the fall. Several Council members expressed their support of the proposal, and Mr. LaRue responded to questions that some of the members raised. He emphasized that the organizers of the project were not asking the city for any financial support, and he said their goal is to be ready for the 1999 cruise season. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien questioned the number of visitors that are anticipated, and he said the timing of the proposal is atrocious although, he said, it is a great idea. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 023033 Resolution in support of a partnership between Corpus Christi and San Antonio to develop cruise services in South Texas. The foregoing resolution 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 6, mineral lease bid opening and award. Mr. James Conn, Petroleum Superintendent, opened the one bid that was received, which was from T.S. Dudley Land Company Inc. He said the bid included a cashier's check for $300, which complies with the minimum bid requirements; as a result, staff recommended awarding the lease to that company. Council Member Capelo made a motion, seconded by Council Member Cooper, to amend the ordinance to award the lease to T.S. Dudley Land Company Inc. The motion to amend passed unanimously. Minutes Regular Council Meeting August 19, 1997 Page 13 Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an oil and gas lease with T.S. Dudley Land Company Inc. on three tracts comprising 1.378 acres that underlie McNorton Park, a portion of the Clarkwood drainage ditch near Highway 44, and a portion of McKinzie Road, for a minimum bid of $300.00, $10.00 per acre delay rentals, 20% royalty, with a five- year term. 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 7, regional water planning activities. The Mayor called for comments from the audience. Mr. J.E. O'Brien said that with the way the city has handled the entire water situation, there were many people who wondered why Corpus Christi should be the lead entity in the development of the regional water management plan. Mr. James Dodson, Regional Water Director, said there were some wording changes that staff was recommending: to delete the words "lead entity for the" so that the resolution would read in part "to designate the City of Corpus Christi as the coordinating body for the regional planning area." City Manager Hennings said that change was being recommended in response to a request from San Patricio County Judge Josephine Miller. Mr. Dodson added that the wording in Section 2 of the resolution would also be changed for consistency, and the word "Authority" would be added in the third "Whereas" to read in part "the Nueces River Authority." Council Member McNichols pointed out that a workshop has been scheduled in Austin to develop the planning guidelines and rules, and he asked which city staff would be attending. Mr. Dodson said he and Mr. Ed Garafia, Water Superintendent, have been invited to attend the workshop. Mayor Neal said he would like Dr. McNichols to represent the Council at that workshop. Responding to a question from the Mayor, Mr. Dodson said he thought the Texas Water Development Board (TWDB) was still trying to determine if they will require a particular method for how the regional water planning entities will function, or leave it up to them to adopt a certain Minutes Regular Council Meeting August 19, 1997 Page 14 method. He added that he did not think Corpus Christi will be giving up any of its authority regarding water supply issues, but rather the action will formalize the ad hoc regional management planning that has been ongoing for several years. Council Member Martin said he thought the original language of the resolution was better, because the recommended change would mean that the city would be the coordinating body. Mr. Hennings said the TWDB has to designate somebody to be the lead agency in the regional planning area, and city staff would like to ask them to designate Corpus Christi, because failing to do that might mean they would designate another city. Following a brief discussion, Council Member Gonzales made a motion to retain the original language of the resolution with the exception of correcting the wording in the third "Whereas" to the "Nueces River Authority"; the motion was seconded by Council Member Cooper, and it passed. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 023034 Resolution urging the Texas Water Development Board to designate the twelve counties in the Choke Canyon/Lake Corpus Christi service area as the planning area for the development of the regional water management plan under the requirements of Senate Bill 1, and to designate the City of Corpus Christi as the lead entity for the coordinating body for the regional planning area. The foregoing resolution passed, as amended, by the following vote: Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, boards, commissions and committees. City Secretary Chapa explained that according to the current policy, when vacancies occur on the city's boards and commissions, the actual boards and commissions are required to make recommendations of persons to fill the vacancies. It has been staff's practice in the past to advise the Council of all recommendations made, including those made just by the chairpersons of the committees or those made by other entities, such as the Builders Association. He said if the Council wished to adhere to the current policy, no action would be required on Item 8. However, if the Council no longer wishes to receive recommendations concerning board vacancies, then they would need to approve Item 8. Minutes Regular Council Meeting August 19, 1997 Page 15 Mayor Neal said it was not his understanding that the Council wanted to do away with the recommendations of the commissions and board members; rather, they did not want to be limited to just the chairperson's recommendation. Mr. Chapa replied that if that is the case, the Council will not have to take any action on this item. In addition, from now on staff will just bring recommendations from the full boards. Council Member Cooper made a motion to withdraw Item 8, seconded by Council Member Betty Jean Longoria, and passed unanimously. 8. WITHDRAWN Resolution ameieling-Gitr C—otteil vlieies, Ral.,s ai.d Preeedu.es Resolution No. 021901 to delete Policy 140) eaneettnn,g ,eeei e..dutiens--foi appointments to Beaida, Cei,,,trissions and Committees. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, taxes to be levied and assessed. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said the Council was planning to adopt the same tax rate as the past year, and that the City Manager had said that is not a tax increase. Mr. O'Brien said any rate higher than the effective tax rate that is adopted brings in more tax dollars, and the rate the Council is adopting will bring in over $1 million in additional funds, which he said constitutes a tax increase. City Manager Hennings said he did not recall ever saying that this is not a tax increase; he said it was not a tax rate increase. He then asked Mr. Jorge Cruz-Aedo, Director of Finance, to show a chart illustrating property tax rates over the last 10 years. Mr. Hennings noted that the tax rates for CCISD, Nueces County, the County Hospital District, and Del Mar College have all increased, while the tax rate for the city and the Port of Corpus Christi have remained fairly stable. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 023035 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 second reading by the following vote: Capelo, Cooper, Minutes Regular Council Meeting August 19, 1997 Page 16 Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, approval of the 1997 tax levy. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10. M97-229 Motion approving the 1997 Tax Levy of $43,448,123 based upon the adopted tax rate of $.623726 per $100 valuation in accordance with Section 26.09(e) of the Texas Property Tax Code. 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 11, tax-exempt commercial paper program. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said he thought Mr. Cruz-Aedo had made an outstanding presentation on this issue during last week's Council meeting. However, he said it sounded like a scheme and it reminded him of the situation that occurred in Orange County, California. He also asked what the cost would be of any letter of credit that is part of this program. Mr. Hennings replied that this proposal has absolutely nothing to do with the Orange County controversy; he added that the purpose is simply to save the city money. City Secretary Chapa polled the Council for their votes as follows: 11. RESOLUTION NO. 023036 Resolution authorizing the City Manager or his designee to develop and implement a $50 million tax-exempt commercial paper program for a term of seven years. The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting August 19, 1997 Page 17 * * * * * * * * * * * * * Mayor Neal opened discussion on Items 12 and 13, Del Mar area street improvements. Mr. R.H. Shackelford, Director of Engineering Services, gave a brief history of this street project. He referred to a diagram of the project and explained that the plans call for replacing the old service connections from the water lines in the rear to the meter, and relocating and upgrading the lines from the rear of the residences to the front. He said that after the first installation of water lines last month, it became apparent that the 3/4" line was not adequate and would not serve the needs of the residents because the new lines will be substantially longer than the old lines. Mr. Shackelford said staff met with the Del Mar Neighborhood Association and the consultant and explained how they intended to correct the situation. He added that the project completion dates were incorrectly stated in the agenda memoranda; the correct completion dates are August 1998 for Phase I and September 1998 for Phase III. Council Member McNichols said there was a new sidewalk at Atlantic and Third streets that had broken apart, and Mr. Shackelford said staff would investigate it. Responding to Council Member Martin, Mr. Shackelford discussed the source of funds. Mr. Martin pointed out that it was unusual to have a 1" residential water line because most residential lines are 3/4" lines. Council Member Capelo acknowledged and complimented staff and the Del Mar Neighborhood Association for acting swiftly in resolving this issue. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien questioned why it would be necessary to reimburse the utility fund for these projects. City Manager Hennings explained that the city pays for these capital projects through debt financing, which is necessary to sustain the entire capital improvement program. City Secretary Chapa polled the Council for their votes as follows: 12.a. ORDINANCE NO. 023037 Ordinance transferring $39,900 from the Combined Utility Systems Fund to the Water Capital Projects Fund; amending Ordinance No. 022742, which adopted the FY 96-97 Capital Budget, by appropriating $39,900 in the Water Capital Projects Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Minutes Regular Council Meeting August 19, 1997 Page 18 Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 12.b. M97-230 Motion authorizing the City Manager or his designee to execute Change Order No. 5 in the amount of $39,900 to Ramex Construction Company, Inc., for the Del Mar Area Street Improvements Project, Phase I. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 12.c. RESOLUTION NO. 023038 Resolution expressing the intent to reimburse the Combined Utility Systems Fund for costs of certain water system improvements to be made as part of the Del Mar Area Street Improvements Project, Phase I. The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 13.a. ORDINANCE NO. 023039 Ordinance transferring $210,004.28 from the Combined Utility Systems Fund to the Water Capital Projects Fund; amending Ordinance No. 022742, which adopted the FY 96-97 Capital Budget, by appropriating $210,004.28 in the Water Capital Projects Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 13.b. M97-231 Motion authorizing the City Manager or his designee to execute Change Order No. 5 in the amount of $210,004.28 with Haas -Anderson Construction, Inc. for the Del Mar Area Street Improvements Project, Phase III. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting August 19, 1997 Page 19 13.c. RESOLUTION NO. 023040 Resolution expressing the intent to reimburse the Combined Utility System Fund for costs of certain water system improvements to be made as part of the Del Mar Area Street Improvements Project, Phase III. The foregoing resolution 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 14, Bayfest '97 Festival street closings. City Manager Hennings distributed a revised motion which added a specific time for two parts of the street closure to ensure that events at the Bayfront Plaza Convention Center can be accommodated. Mayor Neal asked if this was consistent with past Bayfests, and Mr. Hennings said it was consistent. Council Member Gonzales made a motion to amend Item 14 to include the specific times as indicated, seconded by Council Member Martin, and passed unanimously. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 14. M97-232 Motion approving the application from Bayfest, Inc. to close the following street sections for the Bayfest '97 Festival September 19-21, 1997: a. Northbound Shoreline Boulevard (inside lane only), between westbound Interstate 37 and Hughes Street, from Wednesday, September 10 through Friday, September 19, and from 6:00 a.m. Monday, September 22 through Wednesday, September 24, 1997; b. Southbound Shoreline Boulevard (full closure), between westbound Interstate 37 and Hughes Street from Wednesday, September 10 through Wednesday, September 24, 1997; c. Northbound Shoreline Boulevard (full closure), between westbound Interstate 37 and Hughes Street, from Friday, September 19 through 6.00 a.m. Monday, September 22, 1997; d. North Water Street (full closure), between Fitzgerald Street and Hughes Street, from Friday September 19 through Monday, September 22, 1997; e. Belden Street (full closure), Power Street, Palo Alto Street, Fitzgerald Street, and Hughes Street, each between Water Street and N. Shoreline Boulevard, from Friday, September 19 through Monday, September 22, 1997; Minutes Regular Council Meeting August 19, 1997 Page 20 £ Resaca Street (full closure) between Water Street and Shoreline Boulevard from Friday, September 19 through Monday, September 22, 1997. The foregoing motion passed, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Responding to Council Member John Longoria, Mr. Malcolm Matthews, Director of Park and Recreation, said that about three years ago Bayfest requested to charge a donation, and their five- year lease that was approved last year states that Bayfest may charge an admission fee, but the amount was not specified. Council Members Gonzales and John Longoria commented negatively about the $5.00 admission fee. In reply to questions from Council Member Martin, Mr. Matthews said that Bayfest's lease requires them to request the street closure each year, and he described the lease's cancellation provision. A brief discussion ensued. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 15 through 18, and Council members requested that Item 18 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: 15. M97-233 Motion approving a supply agreement for custodial chemical toilet service in accordance with Bid Invitation No. BI -0197-97 with Skid -O -Kan, Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $20,000. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. This service will be used by the Gas, Police, Park & Recreation, Solid Waste, Street, Wastewater, and Water Departments. Funds have been budgeted in FY 97-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 16. M97-234 Motion approving a supply agreement with Stewart & Stevenson Services, Inc. for general use automotive type filters in accordance with Bid Invitation No. BI -0184-97 based on low Minutes Regular Council Meeting August 19, 1997 Page 21 bid for an estimated annual expenditure of $40,000. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 97-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 17. M97-235 Motion authorizing the City Manager or his designee to execute an addendum to the contract in the amount of $94,008.60 for purchase of services from the State of Texas, Department of Information Resources, to provide computer maintenance to the Police Department's Digital Equipment Corporation equipment authorized by Motion M95-173, approved by City Council on July 11, 1995, to add equipment to the Police Department computer system being maintained by Digital Equipment Corporation under its computer services contract with the State of Texas. 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 18, Food Service Advisory Board. Council Member Martin said that according to the agenda memo, the Council had suggested amending the ordinance so that the Council would no longer be responsible for appointing the chairperson of the food Service Advisory Board. He said he did not remember that, and he asked if one Council member had requested that change; Mr. Hennings said that was the case. Mr. Martin said the Mayor, the City Manager or five Council members could put an item on the agenda. Mr. Martin asked what the practice was regarding naming chairpersons of boards, and Mr. Hennings said the boards did that themselves, with very few exceptions. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 18. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Section 19-65 providing for the appointment of the Food Service Advisory Council Chairperson by members of the Food Minutes Regular Council Meeting August 19, 1997 Page 22 Service Advisory Council rather than by the City Council and clarification of term lengths. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings asked Mr. Shackelford to present the weekly progress report on Wesley Seale Dam. Mr. Shackelford said all instruments have been installed on the north spillway and all field samples have been gathered and are at the laboratory where testing has begun. On the south spillway, 35% of the required instruments have been installed, and the core samples should be taken by mid-September. He noted that last week the Council approved the survey monumentation, which the contractor is preparing. In addition, an underwater survey is being conducted upstream of the dam to check the integrity of the clay blanket. Mr. Hennings asked when the Council wished to have the second reading on the Greater Corpus Christi Business Alliance budget, and Council Member Capelo asked that that be postponed. Mr. Hennings said that next week there would be the joint public hearing for the crime control and prevention district, as well as the ordinance to call the election for the CPP recommendations. He said there would also be a presentation on the water distribution master plan. Mayor Neal asked about the water release schedule. Mr. Hennings replied that the target for the month of August is 5,000 acre-feet; however, the city received a credit this month because the salinity levels have been below the threshold, which reduces the release requirement by 25%. In addition, there was some carry-over credit from last month. He said it is estimated that the pass through will be 687 acre-feet. The Mayor said the public should be informed of that before the pass- throughs occur at the end of the month. He added that the Council needed to begin planning for the consequences of the water levels again approaching 50% of capacity. Mayor Neal called for Council concerns and reports. Council Member Martin pointed out that the Nueces County Commissioners did not approve the city's request to increase the vehicle registration fee to pay for the school crossing guard program. He said there had to have been some misunderstanding regarding that issue, and he encouraged staff to present it to the commissioners again. Mayor Neal said County Judge Borchard had said the commissioners did not want anything brought before them that appeared to be a fee increase until they approved their budget. Council Member Gonzales, who helped present the item to the commissioners, briefly discussed what occurred at the commissioners' meeting. Council Member Capelo reminded the Council that the Wesley Seale Dam Oversight Committee would meet at 9 a.m. August 26, 1997, and he wished his niece, Mia Palacios, a happy Minutes Regular Council Meeting August 19, 1997 Page 23 birthday. Council Member Garcia said he thought an issue concerning Mr. Rey Madrigal and the Cable Communications Commission needed to be resolved. He also requested information on the condition of the seawall and t -heads, as well as possible competition for gas service. Mr. Garcia asked that the Community Youth Development Steering Committee be placed on next week's agenda for an appointment he would like to recommend, and he requested information about the Police Department's personnel and how that would change if the crime control district is approved. Mr. Capelo asked that the Ad Hoc Old Nueces County Courthouse Advisory Committee also be placed on next week's agenda because he wished to appoint Ms. Grace Gonzales. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 8:45 p.m. on August 19, 1997. * * * * * * * * * * * * *