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HomeMy WebLinkAboutMinutes City Council - 08/26/1997I 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 26, 1997, which were approved by the City Council on September 9, 1997. WITNESSETH MY HAND AND SEAL, this 9th day of September, 1997 ando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 26, 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 City Staff: City Manager Bill Hennings City Attorney James R. Bray Jr. City Secretary Armando Chapa ABSENT Dr. David McNichols (*Dr. McNichols was in Austin representing the city before the Texas Water Development Board) Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Alston Kirk, Trinity Lutheran Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Capelo. 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 19, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. George Matanzo, 1318 Waldron Rd., Apt. 105, said he was going to be evicted from his apartment soon and had sought assistance through the Human Relations Office. Mr. David Coggins, 13914 Primavera, spoke on behalf of the Padre Island Business Association, saying they appreciated the inclusion of the JFK Causeway elevation project in the Community Progress Partnership (CPP) recommendations. Minutes Regular Council Meeting August 26, 1997 Page 2 Ms. Joan Spradley spoke on behalf of the Harbor Playhouse. She described the importance of community theater and noted that renovations to the Harbor Playhouse were included in the CPP recommendations. Mr. Ross Wilmeth, Executive Director of the Harbor Playhouse, thanked the Council for including the facility's renovations in the CPP. He added that the playhouse had experienced a transition in its leadership during the last year, and he said the playhouse was an asset to the community. Mr. Byron Wooldridge, 6705 Deerwood, President of South Texas Research Foundation, referred to documents discussing different aspects of desalination, including cost comparisons, and he criticized the desalination study being conducted by Texas A&M University -Corpus Christi. Ms. Paige Dinn, 214 Ohio, Coordinator of the Nueces County Child Fatality Review Team, said similar teams from other areas of the state were meeting in Corpus Christi. She described the process the teams use in preventing child deaths. Ms. Holly Hampton, 4245 Nolford, spoke in support of the Harbor Playhouse and described her family's involvement in it. She thanked the Council for their support of the renovation project. Mr. Leon Perez, 904 Buford, said he comes to the Council meetings every week to understand how monies are dispersed. Mr. John Hartley, 3925 Sandy Hollow, said he attends the Council meetings particularly on behalf of those who cannot or do not have the time to do so. He also questioned comments about desalination that were made during a city -sponsored television program which aired recently on TCI Cablevision. Mr. David Noyola, 4433 Valdez, said the residents of westside neighborhoods would like to know the location of a possible baseball facility. Mayor Neal replied that the Council was not prepared to answer that question as of yet; he said once the CPP information is prepared for the voters, they will provide as much information as possible. Mr. Glynn Pugh, 725 Harrison, thanked the Council for letting the city join in the appeal to the Public Utility Commission to receive refunds for overcharges made by Central Power and Light. He added that the city would benefit from having a co -generation electric plant in Corpus Christi. Mr. Tony Heldenfels, 3535 Santa Fe, #42, said he thought city staff should be questioned about structural problems at Wesley Seale Dam, and the Council needs to discuss the status of litigation regarding construction of City Hall. Mr. Heldenfels added that collection of Municipal Court fines needs to be improved. Minutes Regular Council Meeting August 26, 1997 Page 3 ************ Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Ad Hoc Old Nueces Coun y Courthouse Advisory Committee Ed Schumacher Grace Gonzales ************* Mr. Phil Plant, President of the U.S.S. Lexington Museum on the Bay Association, reported to the Council that the Lexington last month completed its fiscal year, which he said was a success both in terms of attendance and revenues. He said the museum will celebrate its fifth year of operation next month. The ship now has five tour routes and has reduced its debt to $2.6 million with $1.7 million in the bank. Mr. Plant described some of the association's plans to improve the museum and the surrounding area on North Beach, including a visitor's center. Responding to Council Member Gonzales, Mr. Plant said the Lexington has 46 people working full-time and about 130 volunteers. He added that the ship is in good condition. ************* Mayor Neal opened discussion on Item 3, joint public hearing of the City Council and the Temporary Board of the proposed Corpus Christi Crime Control and Prevention District regarding the proposed two-year Crime Control Plan and the two-year Budget Plan for the proposed Corpus Christi Crime Control and Prevention Control District. Ms. Laurie Cook, Chairperson, called to order the meeting of the Temporary Board of the proposed Corpus Christi Crime Control and Prevention District. Mayor Neal opened the public hearing on behalf of the City Council, and called for comments from the audience. Mr. Abel Alonzo, 1701 Thames, asked how the Sheriff's Office would be involved in the crime control district. Ms. Cook replied that all of the law enforcement agencies located within the proposed district's boundaries were notified of the temporary board's meetings, and Nueces County Sheriff Larry Olivarez did attend a meeting and submitted specific requests. Ms. Cook then introduced the members of the temporary board who were present at the Council meeting: Rose Vela, Isaac Valencia, Femando Morales, and Dr. Joseph Lopez (an alternate member for Dr. Sandra Lanier -Lerma). Minutes Regular Council Meeting August 26, 1997 Page 4 Mr. Tony Heldenfels said he was not opposed to the proposed crime control district, but he was concerned about the proposed sales tax increase, saying that the city did not adequately collect fines that are owed. In reply to Mr. Heldenfels' comments, City Manager Hennings said the Council and city staff have been aggressive in the last year to improve the Municipal Court system. He said they are in the process of implementing new computer systems, which will improve the court's fine collection capability. In addition, they have initiated some cooperative arrangements with the county and the state to also improve fine collections. Mr. Hennings pointed out that a collection rate of about 65% is probably not achievable in this poor community, but there is a program of alternative service available. Ms. Amanda Stukenberg, 3502 Aransas Street, discussed the Truancy Reduction Impact Program (TRIP), which is housed at the YMCA. She said it is a collaborative effort of many agencies that deal with youth which donate staff, liability insurance and a facility to house the program, which falls under the umbrella agency of the Coastal Bend Alliance for Youth. Mr. J.E. O'Brien, 4130 Pompano, said he did not think the community would support an effort such as this which increases taxes until the Council allows citizens to participate in major decisions, such as the Lake Texana pipeline and the Garwood water. Ms. Paige Dinn, Chairperson of the Corpus Christi Commission on Children and Youth, echoed Ms. Stukenberg's comments about the effectiveness of the TRIP Center, which has been in operation since 1993. She asked the Council to consider the center's successful collaboration of agencies as it considers the formation of programs for the crime control district, including a 24-hour juvenile curfew and truancy assessment center. Ms. Penny Grochow, Assistant Chief with the Delinquency Prevention Unit at the Nueces County Juvenile Justice Center, explained that that unit donates the services of one staff person to the TRIP Center. She said they would be willing to offer their expertise in establishing programs to deal with that issue. Mr. Valencia made a motion, seconded by Dr. Lopez, to close the public hearing of the Temporary Board of the proposed Corpus Christi Crime Control and Prevention District; the motion passed unanimously by the members of the board who were present and voting. Council Member Garcia made a motion, seconded by Council Member Capelo, to close the public hearing of the City Council; the motion passed unanimously (McNichols absent). Mr. Valencia made the following motion, seconded by Ms. Vela: motion approving a two- year Crime Control Plan and two-year Budget Plan for the Proposed Corpus Christi Crime Control Minutes Regular Council Meeting August 26, 1997 Page 5 and Prevention District; and that said two-year Crime Control Plan and two-year Budget Plan is hereby submitted to the City Council of the City of Corpus Christi, Texas. The members of the Temporary Board who were present approved the motion unanimously. City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 023043 Resolution approving a two-year Crime Control Plan and two-year Budget Plan for the Proposed Corpus Christi Crime Control and Prevention District. The foregoing resolution passed by the following vote: Capelo, Cooper. Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. Several members of the Council thanked the Temporary Board members for their work on the proposed crime control district. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, Community Progress Partnership. Mr. Al Jones, CPP Chairman, referred to an updated listing of the CPP recommendations that Mr. Hennings distributed as discussion on the issue began. He explained that the proposal involves a three-eighths of a cent increase in the sales tax for a period not to exceed 20 years. The package of proposed projects totals $128.78 million, of which $105.45 million will be repaid out of the proceeds of the sales tax increase, and that money would be matched with $23.33 million in private funds, and potentially another $30 million in state funds for the elevation of the JFK Causeway. Mr. Jones said this proposal differs from last week's with regard to the baseball facility. He said the original proposal was to build a baseball facility that would initially accommodate youth and collegiate sports, with the possibility of increasing the capacity of the facility if a "AA" professional baseball team were to relocate to Corpus Christi. He said the proposal was changed to increase the funding for the facility to $9 million. He said that due to the current state law regarding this sales tax election, the CPP Committee believes the baseball facility would need to be owned by a state - supported university, Texas A&M University -Corpus Christi. He said they do not intend to locate the baseball facility on the TAMU-CC campus but rather on city -owned land elsewhere in the city. He said they recommend that TAMU-CC own the facility and then contract with the city to maintain and operate it. In addition, the committee recommended that the ownership of the facility revert to the city after the bonds have been retired. Mr. Jones stated that other Council recommendations that were incorporated into the CPP Minutes Regular Council Meeting August 26, 1997 Page 6 proposals included the following: addition of $500,000 for improvements to Ben Garza Park; inclusion of other safety personnel (EMS, certain police activities) in the use of the fire training facility; inclusion of $2.5 million for potential seed money to elevate the Kennedy Causeway; possibility of the Boys and Girls Club operating the Community Learning Center; deletion of references to the outlet mall and R.V. park from the Northwest Golf Course project; reduction of funding on the Harbor Playhouse renovation project to $210,000; and inclusion of Council input in the process for the Community Projects Trust Fund. Mr. Tom Utter, Assistant City Manager for Development Services, said staff has reviewed the financing proposal and they feel the costs can be amortized within a 20 -year period. He noted that the 20 years would be from the first date that the city receives funds: if the proposal is approved by the voters in November, the state comptroller would begin collecting the increased sales tax the following April, and the first tax payment the city would receive would be in about June 1998. Mr. Utter went on to explain other details of the financing package. Responding to Council Member John Longoria, City Secretary Chapa explained that the city is planning to have a joint election with Nueces County on November 4, 1997, which is why the county's polling places are included in the list. Mr. Longoria thanked Mr. Jones and the other CPP Committee members for their hard work on these recommendations, which he said will move the city forward. Council Member Gonzales agreed, saying that he felt a concerted effort was made by many people and this is a tremendous opportunity to improve the standard of living in the community. Council Member Cooper said she was very supportive of the CPP recommendations, but she was concerned about confusion by citizens. Mr. Jones replied that the committee is aware of the need to educate the public on this issue and they intend to launch a campaign to do so prior to the election. Council Member Betty Jean Longoria said the Council and CPP Committee members need to work together to get the CPP approved by the voters. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said that any tax increase retards economic development in a community. He discussed the city's debt and questioned whether the community could support it. He noted that the Corpus Christi Taxpayers Association voted to oppose any tax increase, and he said they will actively campaign to oppose the proposal. He suggested that the city investigate whether it is collecting monies from city buildings, such as from vending machines. Mayor Neal said that for the last 41/2 months he has resisted replying to Mr. O'Brien, but he wanted him and the other members of the Taxpayers Association to understand that this Council is probably the most fiscally conservative compared to prior Councils. He said he is willing to do whatever it takes to try to pass both the crime control and prevention district sales tax increase and Minutes Regular Council Meeting August 26, 1997 Page 7 the CPP sales tax increase. He said the future of Corpus Christi is hanging in the balance --either it will be a great city or it will not have the quality of life that it should. The Mayor said it is very difficult week after week during the Council meetings to hear people describe all of the negative aspects of the city when there are so many positive aspects of it. Mr. Abel Alonzo said he thought the proposal would be appoved because he said this City Council is inclusive and diverse and represents the needs of the community. Mr. Phil Rosenstein said he is opposed at this time to the CPP recommendations because he has many questions about them, including the location of the baseball facility. He said at the same time consideration needs to be given to the cost for repairing the Wesley Seale Dam. Mr. Jimmie Till said the CPP Committee had done a wonderful job in bringing these recommendations forward and letting citizens vote on them. Council Member Garcia asked what would be the result of allocating more money for the Harbor Playhouse renovations to the original $710,000 proposal. Mr. Hennings said in order to keep the term of the sales tax increase at 20 years, funds would have to be taken from another project. Mr. Longoria said if any Council member wished to change funding levels for the projects, he or she should make a motion to that effect. Mr. Garcia challenged Mr. O'Brien to find a community in this country that is debt -free. He said the CPP process was very inclusive and he emphasized that the Council has a responsibility to consider how these projects will benefit future generations of citizens. Mr. Garcia then made a motion to increase the funding for the Harbor Playhouse project by $500,000 and to decrease the funding for streets, lighting, curbs (project #7) by that same amount. His motion died for lack of a second. Mr. Longoria made a motion to delete the word "police" from Section 7, Item 34 of the support material; seconded by Mrs. Cooper. The motion passed unanimously (McNichols absent). City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 023044 Ordinance ordering a special election to be held on November 4, 1997, in the City of Corpus Christi on the question of authorizing, for needed community projects, a sales and use tax pursuant to Section 4B of Article 5190.6, Vernon's Texas Civil Statutes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place Minutes Regular Council Meeting August 26, 1997 Page 8 locations; authorizing a joint election with Nueces County; enacting provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. Mr. Jones explained that a committee would be established to inform the voters about the CPP projects. The co -chairpersons will be, including himself: Danny Noyola, Dr. Linda Mora, Isaac Valencia, and Laurie Cook; Gloria Hicks will serve as the treasurer. He said the committee will be prepared to make presentations to whichever groups request it. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, EMS accounts receivable management services. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. M97-236 Motion authorizing the City Manager or his designee to execute a contract in the amount of $132,000 per year with Texas Medical Data Systems, Inc. for Emergency Medical Services accounts receivable management services. The term of the agreement is two years with an option to extend for up to two additional one year periods. The foregoing motion passed by the following vote: Capelo, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Cooper, Garcia, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, Weed and Seed program application. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7. M97-237 Motion approving the FY 97 Weed and Seed Program application and authorizing the City Manager or his designee to submit the same to the United States Department of Justice. The foregoing motion passed by the following vote: Capelo, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria abstaining; Cooper, Garcia, and McNichols absent. Minutes Regular Council Meeting August 26, 1997 Page 9 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, tax-exempt commercial paper dealer. Mr. Jorge Cruz-Aedo, Director of Finance, said the commercial paper dealer will assist the city in obtaining a letter of credit from a bank --preferably a local bank --that will meet the requirements of the commercial paper program. He said that staff earlier in the month had requested proposals for commercial paper dealers, a committee was formed to evaluate the proposals, and they recommended Merrill Lynch & Co. and Estrada Hinojosa & Company, Inc. Responding to Council Member Martin, Mr. Cruz-Aedo said the fee will be based on the outstanding balance on each day of a calendar quarter that the city has the commercial paper program outstanding. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. M97-238 Motion authorizing the City Manager or his designee to appoint Merrill Lynch & Co. and Estrada Hinojosa & Company, Inc. to serve as tax-exempt commercial paper dealer at an estimated cost of 5 basis points. The foregoing motion passed by the following vote: Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, passenger facility charges at the airport. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 9 - Aviation, Section 9-62 Passenger Facility Charge by extending the collection period from October 31, 1997 to May 31, 1998. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia and McNichols absent. Minutes Regular Council Meeting August 26, 1997 Page 10 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, signal construction work supply agreement. Council Member John Longoria said neighbors around the intersection of Old Brownsville Road and Cliff Maus Road asked the city to consider placing a traffic signal there. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said that was a state -designated roadway and even though the state considers city staff's input, they make the final decision on that issue. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 10.a. M97-239 Motion authorizing the City Manager or his designee to execute an annual signal construction supply contract in the amount of $470,740 to V.C. Huff, Inc. for the construction of traffic signal improvements and signal -related maintenance work at various locations throughout the city. The foregoing motion passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, and Neal voting "Aye"; Capelo, Martin, and McNichols absent. 10.b. ORDINANCE NO 023045 Ordinance appropriating $160,000 from the Corpus Christi Regional Transportation Authority into the No. 220 Street Capital Projects Fund for the Regional Transportation Authority's share of traffic signal improvements included in the 1997-98 annual signal construction supply contract; amending Ordinance No. 022742 that adopted the FY 96-97 Capital Budget by adding $160,000 to the No. 220 Street Capital Projects Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, and Neal voting "Aye"; Capelo, Martin, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, a public hearing on the Comprehensive Plan. There was no public comment. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member Cooper, and passed by those present and voting. Minutes Regular Council Meeting August 26, 1997 Page 11 Mr. Civil explained that major public works and utility projects are usually planned 20 to 25 years in the future. He said that many times when these projects are initially constructed, they are under-utilized; however, as population growth occurs, the projects' capacity usually becomes fully utilized. He said planning needs to occur for the city's water distribution system, and he briefly described the history of that system, Mayor Neal noted that there was not a quorum of the Council at that point, and he called for a 10 -minute recess. The Council returned from the recess. In his presentation, Mr. R.H. Shackelford, Director of Engineering Services, discussed the following: the purpose and methodology used for updating the Water Distribution System Master Plan; an overview of the operation of the city's current water distribution system; and proposed capital improvements resulting from the plan update. He said the purpose of the master plan update is to identify both current and future deficiencies in the system, and to develop a program to correct those deficiencies and provide additional capacity to meet projected needs through the year 2020. Mr. Shackelford said staff took population projections developed by the city's Planning Department and estimated future water demands in 5 -year increments through the year 2020 by census tracts, which were then consolidated into each of the 11 Area Development Plans (ADPs). The ADPs were consolidated into one of two pressure zones, which he described using graphs and charts. An analysis was conducted to determine recommended improvements within each pressure zone that would enable the system to deliver the quantities of water desired at appropriate pressures throughout the system. Referring to a map, Mr. Shackelford then described the city's existing facilities. He noted that the length of the system is approximately 31 miles from the O.N. Stevens Water Treatment Plant to Padre Island, and the width varies throughout its length up to five miles. In addition, there is a difference of about 50 feet in elevation between the Stevens plant and the Holly Road pumping plant. He also described the locations of the pumping plants, elevated storage tanks, and transmission mains, as well as the system's operation. Mr. Shackelford said the proposed capital improvements have been grouped into four phases: 1997, 2 projects at $205,000; 1998-2000, 19 projects at $47.8 million; 2000-2010, eight projects at $11.45 million; and 2010-2020, four projects at $1.27 million. He noted that the proposed improvements must be worked into the city's overall water capital improvements plan and the funding capabilities have to be tested through an analysis of the debt model, which may change the grouping of the projects. Responding to Council Member Martin, City Manager Hennings said the five-year plan that the Council reviewed last year did not take into account all of the new transmission and pumping Minutes Regular Council Meeting August 26, 1997 Page 12 facilities for the southwest portion of the city, which is one of the biggest items. He said staff is studying that issue and plan to bring it to the Council by the end of September. In reply to another question from Mr. Martin, Mr. Crull said that transmission mains are the city's responsibility and the distribution system is the responsibility of the development community. A brief discussion ensued about the effect on the water distribution system of increased population growth on the southside. Mr. Crull added that the city has relied more on its pumping system rather than on elevated storage. Replying to Council Member Capelo, Mr. Crull said the population in 1970 was 204,000 and the estimated population for 1995 is 283,000. Council Member Gonzales asked about water distribution needs in the central part of the city. Mr. Hennings said the most urgent project is the Up River Road transmission main replacement. Mr. Martin said he did not have a problem voting on the comprehensive plan as a design tool, but if the Council was going to vote on the time sequence, he wanted to be assured that the city can afford it. Mr. Hennings said what would be approved was the statement that the need exists for these improvements in these recommended time frames, but the capital improvement plan will lay out when those improvements will be funded. He pointed out that there are always more needs than there are monies to fund them. Mr. Martin emphasized that he wanted to separate the water master plan, which can go far beyond the city's ability to pay, from the capital improvement plan, which cannot. He said he wanted to be sure that the Council would not be adopting the capital improvement plan when they adopt the second reading of the water master plan. Mr. Hennings replied that staff will provide clarification by second reading on that issue. City Secretary Chapa polled the Council for their votes as follows: 11. FIRST READING ORDINANCE Amending the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan for the City by providing for Water Distribution System improvements to eliminate existing deficiencies; providing for additional capacity to keep pace with projected growth; providing for improved system reliability; providing a reliable base for economic development. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. Minutes Regular Council Meeting August 26, 1997 Page 13 * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 12. Case No. 797-6. Joseph Rosenberg: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District on Windsor Park Unit 4, Block 34, Lot 6, located on the east side of Everhart Road, approximately 330 feet south of Janssen Drive. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Cooper 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. 023046 Amending the Zoning Ordinance upon application by Joseph Rosenberg, by changing the zoning map in reference to Windsor Park Unit 4, Block 34, Lot 6, from "AB" Professional Office District to `B-1" Neighborhood Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, B. Longoria, Martin, and Neal voting "Aye"; Gonzales, J. Longoria, and McNichols absent. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 13 through 17. Council members did not request that any items be withheld for discussion, nor were there any comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 13. M97-240 Motion authorizing the City Manager or his designee to execute a contract in an amount not to exceed $50,600 to Shiner, Moseley and Associates , Inc. for engineering services in connection with the J.C. Elliott Landfill: Sector 7 Development project. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent, Minutes Regular Council Meeting August 26, 1997 Page 14 14. M97-241 Motion authorizing the City Manager or his designee to execute the Contract for Engineering and Consulting Services with Shiner, Moseley and Associates, Inc. for a fee not to exceed $219,770 for the J.C. Elliott Landfill: Final Cover System Installation project. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. 15. M97-242 Motion authorizing the City Manager or his designee to execute a Geographic Information System (GIS) software support and license agreement in the amount of $30,942.55 with Camber Corporation for a period of one year with an option to extend the agreement for two additional one-year periods. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. 16.a. M97-243 Motion authorizing the City Manager or his designee to accept an Amendment for Federal Aviation Administration AIP Grant No. 3-48-0051-23-96 in the amount of $37,800 for paving rehabilitation of runway 17/35 at Corpus Christi International Airport. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. 16.b. ORDINANCE NO 023047 Ordinance appropriating $37,800 from Federal Aviation Administration Grant No. 3-48- 0051-23-96 for the paving rehabilitation of runway 17/35 at Corpus Christi International Airport in the No. 245 Airport Capital Improvement Fund; amending Ordinance No. 022742 that adopted the FY 96-97 Capital Budget by adding $37,800 to the No. 245 Airport Capital Projects Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. Minutes Regular Council Meeting August 26, 1997 Page 15 17. ORDINANCE NO. 023048 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 Service Advisory Council rather than by the City Council and clarification of term lengths. The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Mayor Neal announced that the closed session, pursuant to Texas Government Code Section 551.071 regarding Frank Garcia v. Andres Ramirez Gomez and City of Corpus Christi (No. 96-2223- F, 214th District Court, Nueces County, Texas), would not be held. The Mayor then called for the City Manager's report. Mr. Hennings said Mr. Shackelford would present the weekly report on the Wesley Seale Dam stability analysis. Mr. Shackelford explained that the installation of the piezometers in the south spillway has encountered difficulties and is taking about twice as long as required, and he referred to a report from the consultant which was distributed to the Council detailing the problems being experienced. In addition, he said, water releases are scheduled to occur starting August 29 and continuing through September 2, 1997. The consultant has requested that they cease operations during this period due to the difficulties the releases impose on production, and staff has agreed to the consultant's request. Mr. Shackelford said that due to the shortening of daylight hours, the crews are not able to optimize their full shifts. The contractor has requested that the work day be re-established at six 10 - hour days with Sundays off. Given the inherent dangers in working on moving water, the potential for accidents increases as daylight hours shorten. The consultant reported that the additional time will be made up, and the report will still be completed on schedule. Mr. Shackelford also said there was no change since the last report on the north spillway; and on the south spillway, 46% of the instruments have been installed. In addition, he said the contractor expects to have the survey monuments installed by mid-October; the underwater survey was completed and no significant observations were noted (the clay blanket appears to be intact). Mr. Hennings said he had sent the Council a memo from Mr. James Dodson, Regional Water Director, about drought contingency measures. He noted that the current lake levels were at 51.2% of capacity, and under a worst-case scenario the levels could reach 50% before the next Council meeting on September 9th. Under the terms of the city's agreement with the state agency (in an attempt to restructure the pass-through requirements) at 50% the city would be required to Minutes Regular Council Meeting August 26, 1997 Page 16 implement Condition I of the drought contingency plan. He said that action would take advantage of the interim provisions to suspend water releases when the lake levels are below 50%. He said the city could implement the provisions of Condition I that only apply to city government operations. Mayor Neal asked if the Waster Conservation Advisory Committee would be involved in that decision-making process; Mr. Hennings said they could. The Mayor also referred to a letter in which Governor Bush erroneously responded to a resident of Lake Corpus Christi concerning the pass- through requirements. The Mayor said he had spoken to Mr. McBee, Chairman of the Texas Natural Resource Conservation Commission (TNRCC), about the issue. Mr. McBee reiterated that the city and the regional water users would not be able to suspend water releases unless they raise the trigger level to 50% and impose Condition I (as previously discussed by Mr. Hennings). Council Member Martin said he did not think there was any reason to impose water restrictions at this time. He said the only reason to do that would be to alleviate a potential water shortage. Mr. Martin noted that the Lake Texana pipeline is scheduled to be completed in less than 12 months; in addition, the city's water plan, which has been in effect for some time, calls for Condition I to be imposed at 40% of capacity. There was concurrence of the Council to instruct staff that there be no changes in the city's current status on water restrictions. Mr. Hennings said he agreed, adding that he will bring an action item to the Council on this issue for the September 9th agenda. ************* Mayor Neal called for Council concerns and reports. Council Member Capelo, Chairman of the Wesley Seale Dam Oversight Committee, reported on the committee's meeting held that morning. He said the Council members in attendance, in addition to himself, were Mayor Neal, Mrs. Cooper, Mrs. Longoria, Mr. Gonzales, Mr. Martin, and Mr. Garcia. He said they began working on a draft report, and the committee will meet again on September 9th at 9 a.m. Mr. Capelo also asked that a closed session discussion be held during the next Council meeting about situations at the airport. Mayor Neal said he agreed that item should be placed on the agenda for a closed session. Mr. Hennings said the Nueces Estuary Advisory Council would be meeting on August 28th, and they will consider the proposal to move wastewater effluent to Nueces Bay; and he referred to an invitation from the Texas Department of Transportation concerning a bus trip to San Antonio to view aspects of that city's transportation system. He said items scheduled for the September 9th Council meeting included amending the election ordinance to include the crime control district, and a controversial zoning case about the proposed heliport at Spohn Hospital downtown. Mr. Hennings thanked several city staff for their efforts on the CPP and the crime control district. Minutes Regular Council Meeting August 26, 1997 Page 17 Council Member Gonzales commented on the closed session item concerning the airport. Council Member Cooper said she had a town hall meeting last night and citizens thanked the city for cleaning a ditch in the Yorkshire Estates area and for promptly picking up trash. Council Member Martin requested information on the status of the legislation on the Choke Canyon debt forgiveness. Mayor Neal suggested that the Council receive regular reports on major street projects that are ongoing. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 5:10 p.m. on August 26, 1997. * * * * * * * * * * * * *