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HomeMy WebLinkAboutMinutes City Council - 09/16/1997I 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 September 16, 1997, which were approved by the City Council on September 23, 1997. WITNESSETH MY HAND AND SEAL, this 23rd day of September, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 16, 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 Pastor Tim Jewett, Free Methodist Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Betty Jean 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 September 9, 1997 and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jim Heitpas, 2842 McKinzie Rd., said his neighbors use taxicabs to pick them up from the grocery store and they are charged not only for the cab fare but also for the driver to handle the passenger's groceries. Council Member Martin asked staff to respond to Mr. Heitpas' concerns before he left the Council meeting. Mr. Freddy Martinez, 4024 Violet Rd., invited the Council to a celebrity softball game on October 19, 1997, to benefit the Corpus Christi Food Bank. Mr. George Balli, 2826 West Mount, Director of the Tejano Academy of Fine Arts Minutes Regular Council Meeting September 16, 1997 Page 2 (TAOFA), thanked the Council, and in particular Council Member Cooper, for the $1,000 grant the organization received from the Mayor's Task Force on Youth Violence. He described the academy's need for a building in which to practice. Ms. Hilda Berlanga also emphasized TAOFA's need for a building, and she noted that her daughter has benefitted from her involvement in the group. Council Member John Longoria said that Mr. Balli has been in contact with Mr. Tom Utter, Assistant City Manager for Development Services, regarding a possible building they can rent. Ms. Becky Mireles, 5837 Rio Vista, also spoke on behalfofTAOFA, saying the organization could accomplish much more if it had a home. Ms. Frances Aparicio said that if TAOFA had a building they could invite more people to join the academy. She also thanked Mr. Balli and his staff for helping her and the other participants. Mr. Neal Trolinger, 337 Stages Dr., said he had made a request for public information on behalf of the Corpus Christi Taxpayers Association regarding the Lake Texana pipeline project, and he said only part of the information requested was delivered to the city. He said he was again asking the city to provide the bid information as requested. Mayor Neal noted that the Council receives a regular update on the pipeline project, and he asked what information Mr. Trolinger was not receiving. Mr. Trolinger replied that the Taxpayers Association had received information that there was a low bidder that was disqualified, and he said the association is in the process of raising funds to file a suit to provide those documents. City Attorney Bray stated that Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, has famished the Taxpayers Association with the information he has in his documents and he said staff would provide that correspondence to the Council. Mr. John Bell, 13750 Primavera, commended the Council for their efforts, particularly in securing a long-term water supply for this region through the Lake Texana pipeline. He also expressed his support for the proposed sales tax increase to fund the Community Progress Partnership projects. * * * * * * * * * * * * * Prior to introducing the presentations on the day's agenda, Mayor Neal announced that Item 5, zoning case No. 897-2 (Z -W Calallen Housing Partners), was being withdrawn by the applicant. The first presentation was regarding the Corpus Christi Bay National Estuary Program (CCBNEP). Mr. Richard Volk, Director of the program, said Corpus Christi's program is one of 28 in operation around the country with the objective of developing a comprehensive plan for managing bays and estuaries. He said it is hoped that by September 1998 they will be able to present to the Minutes Regular Council Meeting September 16, 1997 Page 3 Corpus Christi City Council a fully funded and supported work plan to begin the first phases of implementing the Coastal Bend Bays Plan. Mr. Volk said there are over 350 people, representing over 100 organizations, who are working to develop the plan, including Mayor Neal and Mr. Utter. He briefly discussed funding for the plan's implementation, and he pointed out that the CCBNEP does not create new regulations or levels of government. Rather, the CCBNEP is a framework to focus the scarce resources at the state and federal level toward environmental issues such as habitat and water management. Mr. Volk added that the third draft of the Coastal Bend Bays Plan is currently under review, and he said it is their intention that there be a scientific basis for each action in the plan. He told the Council that they would receive in about six months the "State of the Bay" report, which indicates that overall the bay's health is very good. He also invited the Council to a workshop on September 24, 1997, at the Texas A&M -Corpus Christi Natural Resources Center. Council Member Martin questioned why the CCBNEP has not provided input into recent key issues, such as the drainage ordinance and the proposal to divert wastewater return flows. Mr. Volk replied that the Policy and Management Committee of the CCBNEP adopted a resolution stating that while they are in the planning phase of the Coastal Bend Bays Plan, the CCBNEP would stay very focused on developing a regional framework of action and would not involve themselves in any specific projects. He said that when they move into the implementation phase of the program, they would like to work with local governments to assist them, including in the areas of public education and outreach. He said that with regard to the issue of freshwater releases, the CCBNEP has served as a representative on the Nueces Estuary Advisory Council. City Manager Hennings pointed out that about 12 city employees actively participate in the estuary program to provide input and flow of communication. In response to a question from Mr. Martin, Mr. Hennings said one of the goals of the program is to provide factual data on the condition of the bay, such as with regard to permit requirements for the wastewater treatment plants. He added that what needs to be remembered is that the bay system has a finite capacity to process pollutants, and eventually local governments will be asked to manage the inflow of those pollutants. Council Member Betty Jean Longoria commented on the need to preserve the Oso Creek area for the benefit of future generations of Corpus Christi residents. The next presentation concerned the Nueces Estuary wastewater diversion project. Mr. Hennings explained that city staff is scheduled to present the plan to the Texas Natural Resource Conservation Commission (TNRCC) on October 15, 1997. Mr. James Dodson, Regional Water Director, explained that the objective of this proposal is to implement a water resource management strategy that will increase water supplies available to Minutes Regular Council Meeting September 16, 1997 Page 4 the citizens of the Coastal Bend, and fully satisfy the freshwater inflow needs of the Nueces Bay estuary during periods of drought. He said currently the discharges from the city's wastewater treatment plants enter the estuary system at several different locations, the majority of which are outside the Nueces Bay system. Using visual aids, Mr. Dodson reviewed the conditions of the 1995 agreed order with TNRCC. He noted that the Choke Canyon/Lake Corpus Christi reservoir system currently has four storage zones that relate to the amount of the freshwater pass-through targets, which he explained. The major difference between the current plan and the proposed plan is that when the reservoir system falls below 50% of capacity, the city would no longer be required to pass through water from the reservoir system. In addition, since less water would be passing through and more water would be captured, there would be an increase of about 10,600 acre-feet per year in the reservoir system's dependable yield (water that is available for municipal and industrial needs). Mr. Dodson then explained the elements of the proposed diversion project. He noted that the construction of a demonstration project is nearing completion and it would involve, at the outset, diverting 2 million gallons per day (MGD) under the Nueces River over to a site in the Nueces Delta. The next phase of the project entails diverting the flows from the Koch West Plant to a site in the delta known as the Corps of Engineers mitigation project, which is a created wetland. According to the adopted wastewater master plan, the Broadway Plant would be converted into a lift station, and the raw sewage would be diverted to the Greenwood Plant (which would be expanded) for treatment, and those flows could be diverted back to the Nueces Delta via a pipeline that would be installed. Those changes would result in a total of about 20 MGD of effluent that would be diverted to the delta. Responding to questions from Mr. Martin, Mr. Dodson said the data presented in the proposal did not include additional water supply from the Lake Texana pipeline. He added that as water consumption decreases during drought periods, there is a slight decrease in wastewater discharges, but he said it is not significant. Mr. Dodson also noted that the schedule of the proposed project has changed recently because Valero and Oxychem refineries will not participate in the effluent diversions, which also changes the timing of the funding requirements. A brief discussion ensued about the permitting requirements. Council Member Capelo asked if additional capacity could be constructed on the Allison Plant as opposed to the Greenwood Plant to accommodate the sewage from the Broadway Plant, thus allowing for a shorter route for the eventual diversion to the delta. Mr. Crull replied that that idea was considered during the study of the wastewater facilities implementation plan; however, it was felt that consolidating the treatment at the Greenwood Plant was more advantageous and economical. One reason is that the construction of a force main from the Broadway Plant to the Allison Plant would have to go through a very congested area of pipelines and refineries, which would have increased the cost. Minutes Regular Council Meeting September 16, 1997 Page 5 In reply to another question from Mr. Capelo, Mr. Dodson said the city is receiving some inflow credit from the discharges at the Portland Plant, and there are some preliminary plans to utilize those discharges to meet part of the needs at the Reynolds facility. Council Member McNichols emphasized that under the proposed diversion project, freshwater releases would continue when the reservoir capacity is above 50%, which Mr. Dodson briefly explained. He added that the proposal offers many benefits, primarily because it increases the available water supply and it increases the amount of water going into the environment. He said one component of the proposal is an educational program in conjunction with the Texas Parks and Wildlife Department. Mayor Neal pointed out that, with the exception of a few months recently, the system capacity has been below 50% for several months. If this plan had been in place during that time, the city would not have been required to make any releases. In reply to Council Member Gonzales, Mr. Dodson briefly reviewed some of the freshwater targets and credits. Mr. Dodson then discussed the financial aspects of the plan. He said that Phase I consists of the Allison diversion project, and bonds for that project were issued in 1993 and 1994 for about $1 million. The second phase would include the cost of the diversion of effluent from Koch to the delta as well as from the Greenwood Plant to the delta, which is estimated to be $13 million, with an annual debt service of $1.1 million and annual operating and maintenance costs of about $480,000. Additional costs will include annual monitoring to ensure that there is no environmental degradation, as well as $50,000 a year for the educational program. It is estimated that the total annual operating cost will be slightly over $2 million. Mr. Dodson then explained the process by which various entities have reviewed and revised the work plan over the last several weeks, as well as the schedule that will follow, including recommended actions that the Council will consider next week. Mr. Tom Brown, Project Coordinator for Naismith Engineering, gave an overview of possible funding sources, including the State Revolving Fund, State Participation Program, Bureau of Reclamation Water Reuse Demonstration Program, EPA Wetlands Protection Development grants, Economic Development Administration, and direct Congressional appropriation. Council Members Martin and McNichols then commented on the regional aspects of the proposal. ************* Mayor Neal opened discussion on Item I., report of the Wesley Seale Dam Oversight Committee. Council Member Capelo, Chairman of the committee, said they had met that morning and continued to question individuals regarding the heave in the spillway. The committee members also received documents from Freese & Nichols Engineering. He said he expects the committee to Minutes Regular Council Meeting September 16, 1997 Page 6 complete its questioning next Tuesday and begin working on the final recommendations, if not next week then the following Tuesday (September 30th). Council Member McNichols pointed out that there is no connection between the Corpus Christi Bay National Estuary Program, the effluent diversion project, and the problems the city has with the Wesley Seale Dam. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 2, Community Youth Development Advisory Committee. The Mayor called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 2. RESOLUTION NO. 023058 Resolution amending Resolution 22938 to require the officers of the Community Youth Development Advisory Committee to be residents of the "78415" ZIP code area. 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 3, trust fund budget for FY 1997-98. Responding to Council Member McNichols, City Manager Hennings said staff is moving toward budgeting trust funds just as they budget the operating and maintenance expenditures of the city. He said that last year staff proposed, and the Council approved, an ordinance that appropriated the amount of the trust fund, but staff did not have proposed budgets for each account in the trust fund; this year, staff has developed a budget for each account. Council Member John Longoria asked about the difference in the amount of the Law Enforcement Trust Fund. Mr. Hennings replied that the difference resulted from more money coming into that fund and fewer expenditures than projected. He added that staff is moving toward being able to discuss the trust fund budget at the same time the Council considers the rest of the city's budget next year. In addition, he said the City Charter and state law purchasing provisions apply to the Law Enforcement Trust Fund. Council Member Martin asked if some monies in the Law Enforcement Trust Fund could be used to fund the Police Academy, and Mr. Hennings said they could be used for new officers. Mr. Martin said that during the budget process the Council struggled to find funds to pay many expenses, Minutes Regular Council Meeting September 16, 1997 Page 7 including Police Department expenses, and funds were available but the Council was not aware of them. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 023059 Ordinance appropriating $1,197,994 in the No. 111 Trust Fund; amending Ordinance No. 022993 which adopted the FY 97-98 Budget by adding $1,197,994 to the total appropriations. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, and Neal voting "Aye"; Martin voting "No"; McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, household hazardous waste program. City Manager Hennings said the firm staff is recommending is the same one that has been successfully used in the past, and they submitted the best proposal at this time. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. M97-253 Motion authorizing the City Manager or his designee to execute a Collection Service Agreement with Laidlaw Environmental Services for household hazardous waste disposal services in accordance with File No. BI -0199-97 for an approximate cost of $160,000 per year. These services will be provided on an "event" basis, four (4) times per year. The term of the agreement is one year with an option to extend for two additional one year periods. Funds for the program are budgeted in the FY 97-98 Solid Waste Services operating budget. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. * * * * * * * * * * * * * Minutes Regular Council Meeting September 16, 1997 Page 8 Mayor Neal stated that the following zoning case had been withdrawn: 5. Case No. 897-2. Z -W Calallen Housing Partners, Ltd : A change of zoning from a "R -1B" One -family Dwelling District to a "A-1" Apartment House District on Nueces River Irrigation Park, Annex 1, 20 -acre tract, located approximately 300 feet north of Farm -to - Market Road 624 and approximately 1,800 feet west of Wildcat Drive. WITHDRAWN by changing the zoning map in rcfcrcncc to Nucccs River Irrigation Park, Anncx 1, 20 acre tract om "R 1B" Onc Family Dwelling District to "R 2" Multiple Dwelling District. ************* Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 6 through 12, and Council members requested that Item 7 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: 6. M97-254 Motion approving a supply agreement with G&K Services, San Antonio, Texas, for uniform rental service, which includes approximately 7,696 changes of uniforms, in accordance with Bid Invitation No. BI -0202-97 based on low bid for an estimated two year expenditure of $33,477.60. The term of the contract will be for twenty-four months with an option to extend for up to one additional twelve month period subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 97-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. 8.a. M97-256 Motion authorizing the City Manager or his designee to accept an Amendment for Federal Aviation Administration Airport Improvement Project Grant 3-48-0051-19-93 in the amount of $148,639 for the various projects at the 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. Minutes Regular Council Meeting September 16, 1997 Page 9 8.b. ORDINANCE NO. 023060 Ordinance appropriating $3,618 from Amendment No. 1 to the Federal Aviation Administration Grant Agreement authorized on December 15, 1992 by M92-334, for Airport Improvement Project 3-48-0051-19-93 in the No. 245 Airport Capital Improvement Fund; amending Ordinance No. 022742 which adopted the FY 96-97 Capital Budget by adding $3,618 to the No. 245 Airport Capital Improvement 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. 9. ORDINANCE NO. 023061 Ordinance closing and abandoning a 1,625 -square foot area of a 10 -foot wide utility easement between Lots 18A & 19A, Block 23, King's Crossing, Unit 1, Phase 1 Subdivision; subject to compliance with the specified conditions; and the owner, Gary A. Klingman, replatting the property within 180 days at his expense. 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. 10.a. M97-257 Motion approving the reimbursement application submitted by Gene Graham, developer of Oak Terrace Estates, Unit 1, for the installation of 1,752 linear feet of a 12 -inch PVC Water Grid Main. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. 10.b. ORDINANCE NO. 023062 Ordinance appropriating $49,198.33 from the No. 143 Water Arterial Transmission and Grid Main Trust Fund to pay Gene Graham's developer reimbursement request for installing 1,752 linear feet of 12 -inch water grid main lines to develop Oak Terrace Estates, Unit 1. 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 September 16, 1997 Page 10 11. ORDINANCE NO. 023063 Authorizing the City Manager or his designee to execute a Participation Agreement with So - San Corporation for public street improvements on Oso Parkway not to exceed $33,981.40 for the City's share of costs of the improvements. 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. 12. ORDINANCE NO. 023064 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 second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, parcel acquisition for Airline Road street project. Council Member Garcia noted that there were two appraisals of the subject property, one for $81,485.00 and another for $71,575.08. He questioned why the recommendation was to buy the property for the higher appraised amount of $81,485. City Manager Hennings replied that the price was negotiated with the property owner. Mr. Garcia asked if this was the only property that would need to be purchased from this owner for the Airline Road street improvement project, and Mr. Hennings replied affirmatively. Mr. Garcia asked if the two appraisers were certified, and Mr. Crull stated that they are certified and have been used previously by the city. He added that since federal funds are involved in this street project, the right-of-way (ROW) acquisition processes have to follow federal guidelines, which include providing the property owners with the appraisals. Mr. Garcia questioned the monetary difference in the two appraisals, which Mr. Crull briefly discussed. He added that Mr. Ken Kohrs, the city's Manager of Property and Land Acquisition, has almost 30 years of experience in acquisitions and appraisals and it is his opinion that the appraisals are adequate. Minutes Regular Council Meeting September 16, 1997 Page 11 Council Member Martin noted that the state was designing this street improvement project, but he questioned why staff has had to come back to the Council at different times because the project's design has changed. Mr. R.H. Shackelford, Director of Engineering Services, explained that there are three parcels (including this one) that staff has brought to the Council for approval, with one more parcel to come. He said the street design takes into account the wastewater implementation plan, which calls for a force main to service the area where the Southside Wastewater Treatment Plant was originally going to be located. Mr. Martin commented that years ago he was involved in a project in which the neighbors voluntarily donated the right-of-way so that the street could be improved. He said the city informed him that the property owners had to be offered appraised values for their land because federal funds were involved in the project; however, the city then said they did not have acquisition funds so the project could not be constructed. Mr. Crull stated that according to the law, the city has to inform the property owner about the amount of the appraisal. The property owner could request a higher amount than the appraised value, which becomes the basis for the negotiation process. He said the city could also inform the property owner of the appraised value and ask them to donate their property, although he thought there were very few people who would do that. Council Member McNichols asked Mr. Crull if he knew the amount for which the property is listed on the tax rolls. Mr. Crull said he did not know but staff provides the appraisal district with copies of all of the appraisals and real estate sales contracts. Council Member Capelo asked if the city was required to have two appraisals, and Mr. Crull said that federal guidelines require it. City Secretary Chapa polled the Council for their votes as follows: 7. FAILED TO PASS Road and Wooldridge Read -poi $81,485 in connection with the Airline Road Strcct The foregoing motion failed to pass by the following vote: B. Longoria, Martin, and Neal voting "Aye"; Capelo, Garcia, Gonzales, and McNichols voting "No"; Cooper and J. Longoria absent. Mayor Neal asked what the next step would be since the recommendation failed, and Mr. Hennings said staff would have to review the project and come back to the Council with another Minutes Regular Council Meeting September 16, 1997 Page 12 recommendation. Mr. Chapa pointed out that two Council members were out when the vote was taken. The Mayor said he would consider a motion to reconsider Item 7, and City Attorney Bray said that motion would have to be made by someone who voted on the prevailing side (who voted "no"). Council Member Gonzales made a motion to reconsider Item 7, the motion was seconded and it passed by the following vote: Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Garcia voting "No." Mr. Chapa then polled the Council for their votes as follows: 7. M97-255 Motion authorizing the acquisition of Parcel No. 8 located on the northeast corner of Airline Road and Wooldridge Road for $81,485 in connection with the Airline Road Street Improvements project. The foregoing motion passed by the following vote: Cooper, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Capelo, Garcia, Gonzales, and McNichols voting "No." * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071, regarding collective bargaining with Corpus Christi Firefighters Association. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings asked the Council to submit their nominations for the Civil Service Commission and Board. He also proposed that the second reading of the budget for the Greater Corpus Christi Business Alliance be brought to the Council next week, unless they directed him otherwise. Council Member Capelo said he had a meeting scheduled with Mr. Keith Arnold to discuss the Alliance's budget, and Council Member Gonzales said he would like to meet with Mr. Capelo and Mr. Arnold as well. Mr. Hennings announced that work was being conducted on the Holly Road pump station, which would result in low water pressure in some areas around Everhart and Holly tomorrow. He said the next household hazardous waste collection event would be October 25, 1997. Minutes Regular Council Meeting September 16, 1997 Page 13 Mr. Shackelford then gave the weekly update on the Wesley Seale Dam repairs. He said that installation of instruments from the barge in the south spillway continued to pose production challenges, while installation of instruments and gathering of field samples is completed on the north spillway; laboratory testing of samples is now 10% complete. He added that specifications for the survey equipment have been finalized, price quotations were received and the award recommendation will be brought to the Council for approval on September 23, 1997. The order for the inclinometer has been placed, and the instrument is now in production with delivery expected in early October, 1997. Mr. Shackelford said they are evaluating a recommendation for the installation of two additional vertical extensometers, one in each spillway, as well as two piezometers in the north spillway. Mr. Hennings said the main item on next week's Council agenda will be the recommendation for approval of the new landfill permit, as well as the action on the wastewater diversion project. In his report, Mayor Neal complimented staff for their efforts during the recent presentations before the bond rating agencies in New York City. He said proposals have gone out to all local banks for the letters of credit for the commercial paper program, and he asked that all the Council members receive the information pertaining to that program. On another issue, the Mayor said that the Corpus Christi Taxpayers Association had filed an allegation with the Nueces County Attorney that the City Council had violated the Open Meetings Act. He said Mr. Carl Lewis had rendered an opinion that he could not find any criminal violation of the Open Meetings Act by the Corpus Christi City Council. Mayor Neal said he had also received a memo from the Nueces County Tax Appraisal District concerning the appointments by the City Council to Places 3 and 4. City Secretary Chapa said those positions are currently filled by Mr. Clif Moss and Mr. Victor Penuel, who has resigned. Mr. Chapa said they are scheduled for appointment during the first meeting in October. The Mayor asked if the appointments could be made earlier, and Mr. Chapa responded that they could be placed on the agenda of September 30, 1997. Mayor Neal called for Council concerns and reports. Council Member Gonzales commented about a report that appeared the previous day on KIII- TV Channel 3 regarding Bayfest. He explained that some Council members had previously expressed concern about this year's entrance fee being raised from $3 to $5. He added that representatives of many community organizations had told him they did not feel the fee increase was in the best interest of the community. Dr. Gonzales said he had inquired about the purpose of raising the fee, and was told that Bayfest needed to increase their reserves for a "rainy day." He said he told Channel 3 that he was concerned about the fee increase and would not attend Bayfest out of respect for the members of the community who could not attend; however, he said he never mentioned the word "boycott" but that was the word used by the television reporter. Dr. Gonzales emphasized that Minutes Regular Council Meeting September 16, 1997 Page 14 he was not boycotting Bayfest, he hopes people attend the festival, and he also hopes that the Bayfest organizers will reconsider lowering the entrance fee back to $3 so that no one will be excluded. Council Member Capelo echoed the Mayor's comments regarding the trip to New York for the bond rating agencies' presentations, and he commended city staff and Mayor Neal. Council Member Betty Jean Longoria reported on a meeting she attended in Madison, Wisconsin, for a National League of Cities committee on which she serves. She recounted the difficulties that city encountered in building their new convention center, and she noted that many cities experience similar problems. Council Member John Longoria informed the Council about the recent visit by the Little League World Series Champions from Guadalupe, Mexico. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:20 p.m. on September 16, 1997. * * * * * * * * * * * * *