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HomeMy WebLinkAboutMinutes City Council - 09/23/1997I 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 23, 1997, which were approved by the City Council on September 30, 1997. WITNESSETH MY HAND AND SEAL, this 30th day of September, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 23, 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. Edward B. Seeger, Corpus Christi Metro Ministries, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Garcia. 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 16, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 7226 Owen Court, criticized what he said was the city's selective enforcement of the zoning ordinance regarding signs. City Manager Hennings replied that the city does receive complaints about developers putting signs up in the right-of-ways on weekends, and subsequently the developers sent the city a letter asking for a change in the ordinance to allow for that. He said staff is in the process of reviewing that to bring it to the Council for their consideration. Mr. Hennings also discussed the problem of signs on utility poles. Mr. Tony Sanchez, 2022 Harvard, thanked the Mayor for what he said was the impressive method of conducting the Council meetings. He also commended Council Member Capelo. And he Minutes Regular Council Meeting September 23, 1997 Page 2 said he supported the proposed sales tax increases for community projects, adding that the citizens want accountability. Ms. Dora Garza, 625 Gregory, said she was representing the Instituto de Cultura Hispanica. She encouraged the Council to consider their proposal to rent the Lichtenstein House in Heritage Park, saying that that organization represents North, South and Central America, as well as Spain and the Philippines. She discussed the institute's need for a permanent home and their plans for the Lichtenstein House. Council Member John Longoria requested information regarding the process staff used in selecting a tenant for the Lichtenstein House. Mr. Irving Dietz, 455 Miramar, said that millions of dollars were diverted from some of the projects approved by the voters in the 1986 bond program, and he requested a list of all of the projects included in that bond election and their current status. Mr. Leon Perez, 904 Buford, questioned a zoning notice he received from the city concerning the use of a residence he owns on Robert Drive. Mayor Neal said staff would provide Mr. Perez with an answer to his question. Mr. Fernando Morales, 7570 Yorkshire, spoke on behalf of the Instituto de Cultura Hispanica in their desire to rent the Lichtenstein House. Mr. Lewis Lovelace, 1549 Casa Grande, said the city should take some of the money it is spending for the Lake Texana pipeline and instead use it to construct a co -generation plant for $542 million. He said it would provide a reasonably priced source of electricity and water and would encourage development. He also commended Mr. Capelo for his work as Chairman of the Wesley Seale Dam Oversight Committee. Mr. Longoria asked staff to contact the Community Progress Partnership organizers about giving a presentation at an upcoming Council meeting concerning the structure and funding of the proposals. He also requested a schedule of CPP speaking engagements, adding that the Council has not been involved in that at all. *Council Member Cooper arrived at the Council meeting at 2:20 p.m. * * * * * * * * * * * * * Mayor Neal opened discussion on Item H. The first presentation was given by the Mary Rhodes Memorial Committee, co-chaired by Mayor Emeritus Luther Jones and Ms. Mary Beth Nelson. They explained the formation of the memorial committee and the process by which the members arrived at the following recommendations: naming the Lake Texana water pipeline the "Mary Rhodes Memorial Pipeline"; naming a scholarship fund for Mrs. Rhodes which would benefit Minutes Regular Council Meeting September 23, 1997 Page 3 both disabled persons and graduates from local high schools; naming the Xeriscape Leaming Center and Design Garden after Mrs. Rhodes; having the city promote and sponsor an annual "Mary Rhodes Memorial Tree Planting" project to coincide with Arbor Day activities each year; and asking the City Council to consider passing a resolution requesting the local school districts to possibly name the next school after Mrs. Rhodes. Dr. Donald Rhodes, Mrs. Rhodes' husband, described why he and his family felt the committee's recommendations were appropriate suggestions to honor his wife's memory. Mayor Neal thanked the committee members for their time and energy as well as Mrs. Rhodes' family, and he said the City Council would consider their recommendations. Ms. Nelson thanked all of the people who called on the special phone line to give their suggestions on ways to memorialize Mrs. Rhodes. The next presentation was made by Mr. Foster Edwards, President of the Corpus Christi Industrial Foundation. He explained that the foundation is a non-profit corporation formed in 1980 to develop Corpus Christi Industrial Technology Park, a deed -restricted business park that was developed in conjunction with the city. He said the foundation's primary goal is to facilitate job creation by enabling companies to buy land in the industrial park at below-market prices. Mr. Edwards said the foundation wished to offer 42 acres fronting on Old Brownsville Road as a possible location for the baseball facility recommended by the Community Progress Partnership (CPP), in exchange for the city paving a 1,380 -foot long road in order to provide access to unplatted property at the end of Junior Beck Drive. Council Member Garcia asked if the foundation had any land located closer to South Padre Island Drive that could be used for the baseball facility, and Mr. Edwards replied that there was not. Responding to Council Member McNichols, Mr. Edwards discussed the foundation's outstanding loan balance on the entire tract of land the organization owns, adding that they have discussed with the lead lender the idea of separating out the parcel of land being considered. Mayor Neal thanked the foundation members and said that more discussion needed to be held on this issue. He added that this land is in the general area where they have said would be their first priority in locating the baseball facility. City Manager Hennings announced that a tornado warning had been issued and two funnel clouds had been sighted. Mayor Neal called for a short recess. * * * * * * * * * * * * * The next presentation was given by Mr. Frank Brogan, Project Engineer for the Lake Texana pipeline. He explained that about 90% of the right-of-way has been either signed or negotiated, and Minutes Regular Council Meeting September 23, 1997 Page 4 as of that morning 228,000 feet of pipe (over 43% of the route) has been manufactured and 11.8 miles of pipe has been installed in the ground by two crews. Mr. Brogan said they anticipate a third construction crew getting underway in October, and they still maintain their target date for completion of the pipeline in summer 1998. He added that the Nueces River Authority has now awarded all eight contracts for the pipeline, including the two directionally drilled water crossings and the open -cut river crossings. Mr. Brogan also discussed the pipeline's funding analysis with and without the contingency expense. Responding to Mayor Neal, Mr. Brogan described two areas which have experienced variances from the original budget --engineering costs with HDR Engineering and their subconsultants, and project management by the Port of Corpus Christi. In reply to Council Member McNichols, Mr. Brogan explained that the Nueces River Authority awarded a contract to Michels Pipeline Construction for the two directionally drilled water crossings in the amount of $3,887,720. He said Michels was the second lowest bidder, and that the lowest bidder (a company in Florida) did not meet the minimum required qualifications. He pointed out that this will be the largest directionally drilled project in the United States. Dr. McNichols then thanked Mayor Neal for sending a letter to Judge Stone in Refugio County concerning the pipeline. Council Member Martin asked if the Lavaca-Navidad River Authority (LNRA) was on schedule with their construction project. Mr. Brogan replied that they have awarded a contract for construction of their pump station. Mr. Martin then asked about the pipe welding, and Mr. Brogan replied that inspectors have been inspecting every piece of pipe going into the ground for quality control, and he said the line will be pressure -tested to check for Leaks. Council Member Garcia asked Mr. Brogan if he thought the project would be on budget at completion. Mr. Brogan said that although it was too early to make a definitive conclusion, he felt confident that they would be very close to budget. He said he would continue to provide the Council with updates on the project. Responding to Council Member Gonzales, Mr. Brogan said the Council had been given a detailed listing of the pipeline's costs to date and expected costs to complete the project. Mr. Martin asked about the bond authorization amount, and Mr. Hennings said he thought it was about $128 million. ************* Mayor Neal opened discussion on Item I., report of the Wesley Seale Dam Oversight Committee, and consideration of Council actions related to the committee's work. Minutes Regular Council Meeting September 23, 1997 Page 5 Council Member Capelo, Chairman of the committee, said they had met that morning for 41/2 hours and interviewed several individuals. He said there may be a few additional questions to ask, but it was his understanding that the committee will be working next week on its final recommendations. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 3, new landfill permit application. He noted that Item 3.a. was the closed session, pursuant to Texas Government Code Section 551.071, regarding proceedings for the permanent application for the new landfill to the Texas Natural Resource Conservation Commission (TNRCC). The Council went into closed session. The Council returned from closed session. Mr. Tom Utter, Assistant City Manager for Development Services, explained that the day's action was the culmination of several years of work, and he recognized the support of Nueces and San Patricio counties, the City of Portland, and the Coastal Bend Council of Governments. He reviewed some details of the new landfill site: it is located approximately six miles from the Elliott Landfill at the intersection of FM 2444 and FM 665, and consists of slightly more than 2,200 acres. He said a site selection committee appointed by the City Council spent much time investigating different sites before they recommended that one. Mr. Utter also read the adopted mission statement: "To plan, permit and construct a new solid waste facility with appropriate buffer areas that is environmentally sound, fiscally responsible, innovative in design and serves the region for the 21st century." He said the landfill will have at least 500 feet of buffer area around the site. He added that they appreciate the cooperation of the large and small property owners in the area. Mr. Rex Hunt, of EMCON, the Engineer of Record for the permit, said the permit application for the new solid waste site has been prepared in accordance with the TNRCC regulations and consists of five volumes of material (engineering design, geotechnical and hydro -geological assessment of land use studies, traffic studies, etc.). He said the permit application has involved an extensive collaboration of technical consultants, legal consultants, city staff, regional governments and landowners. He added that the permitting team has also worked closely with TNRCC representatives before they even submitted the application. With regard to the site itself, Mr. Hunt said it is designed to serve as a landfill for over 80 years and has a capacity of 67 million tons of garbage, with a maximum height of 256 feet above grade with large vegetative buffer areas that will be planted over time. He added that the new landfill Minutes Regular Council Meeting September 23, 1997 Page 6 will have state-of-the-art environmental controls, including a liner and a leachate collection system and a cap. Mr. Utter commended many of those who have worked on this project, including Mr. Andy Leal, Director of Solid Waste Services; Mr. R.T. Bruner, consultant; and Mr. Ed Kagi, of the SWA Group. Mayor Neal called for comments from the audience. Mr. Stephen Hake said he was an Austin environmental attorney representing some of the property owners whose land is located south and east of the landfill site. He thanked city staff for their cooperation with his clients, including Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, Mr. Joe West, Mr. Leal, and Mr. Utter. He said he and his clients received a copy of the permit application the day before and had questions concerning it. Mr. Hake said one of their main concerns was whether the landfill would have any impact on the underlying salt water table, which, if the salt water rose, would endanger the farmers' crops in that area. He said they are also concerned about the drainage flow downstream from the site. City Secretary Chapa polled the Council for their votes as follows: 3.b. RESOLUTION NO. 023065 Resolution of the City of Corpus Christi, Texas, Nueces County, approving the permit application and authorizing the City Manager or his designee to submit and pursue the application of the City of Corpus Christi, Texas, to the Texas Natural Resource Conservation Commission (TNRCC) for a permit for a new municipal Solid Waste Facility, and authorizing the City Manager to designate the City's Engineer(s) of Record and Agent(s) of Record for a permit for a new municipal Solid Waste Facility. The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, Nueces Estuary wastewater return flow diversion project. The Mayor then called for comments from the audience. Mr. Irving Dietz questioned how the cost of the project would be paid, and he cited a report from a few years ago in which he said city staff concluded that wastewater diversions to Nueces Bay would be cost prohibitive. He also said that ever since the Choke Canyon Dam was constructed there was not a firm figure for the capacity of the region's water system, which he discussed. Mr. James Dodson, Regional Water Director, referred to the project work plan included in Minutes Regular Council Meeting September 23, 1997 Page 7 the Council members' agenda packets. He said there were some typographical errors in the plan, specifically two dates which needed to be changed on page 57 of the packet from 1998 to 1999. Mr. Dodson then reviewed the plan, noting that it consists of three phases with the ultimate goal of diverting 20 million gallons a day (MGD) of treated wastewater effluent (municipal and industrial) to the Nueces Delta, and he described how it proposes to suspend freshwater releases when the system capacity falls below 50% and the city implements Condition I of the drought management plan. He also described the requirements under the plan for Condition II, and noted that references to Condition III requirements were deleted from the work plan. Mr. Dodson said the work plan also includes a rigorous implementation schedule and monitoring program, as well as an extensive public education program. He also discussed the role of the Steering Committee, which is comprised of the city, Coastal Bend Bays Foundation, TNRCC, Texas Parks and Wildlife Department, General Land Office, and the Texas Water Development Board. And Mr. Dodson addressed the provision which allows temporary or interim restoration of inflows. Mr. Dodson explained that if the Council approved the resolution, city staff would file this week a new motion to amend with TNRCC so this issue can be scheduled on TNRCC's October 15th agenda. The motion to amend would ask that TNRCC incorporate the work plan as the new drought contingency provisions of the Agreed Order. He said he did not anticipate any significant opposition to the proposal by the agencies. He said that if the TNRCC did grant the motion, the city would have to include the construction projects in its capital improvement program, which staff would bring to the Council very soon. He also reviewed other steps the city would have to take, and he said part of the resolution on the day's agenda would authorize staff to file an application with the Environmental Protection Agency for grant funding. In addition, they would also like to initiate Congressional activities to seek direct appropriations for the project. Council Member Capelo asked what would be the total cost of the project. Mr. Dodson replied that the portions of the project for the facilities to divert the effluent from the Koch Plant to the Nueces Delta and from the Greenwood Wastewater Treatment Plant to the delta would be about $13 million. He said the previously mentioned amount of $20 million included the diversion of flows from the Broadway Plant to the Greenwood Plant, which is really part of the wastewater capital projects. Mr. Capelo asked what amount of the $13 million might be received through grants or monies from the federal government. Mr. Dodson said he hoped it would be as much as 50% of the total cost, adding that much of the funding requires a local match. Mr. Capelo asked if decisions could still be made in the future if the city did not receive any grant monies and had to end up paying the total cost. Mr. Dodson replied that there are many points along the way where the Council will have another opportunity to make a decision on the project. Responding to another question from Mr. Capelo, Mr. Dodson said another action the Council would have to take would be to amend the city's drought contingency ordinance to raise the trigger level Minutes Regular Council Meeting September 23, 1997 Page 8 for Condition I to 50%. Council Member Martin emphasized that although technically the Council would have an opportunity to consider specific contracts related to the project, on the whole they would need to make a commitment to proceed. Mr. Dodson said that in responding to one of Mr. Capeto's questions, he was trying to explain that by passing this resolution, the Council was not committing future funds to this project. Mr. Martin said they were committing a total of $20 million (including the Broadway Plant portion) with the hope that some of that cost will be relieved through grants. Mr. Martin also asked about the portion of the project involving Koch Industries. Mr. Dodson said staff has met with representatives of the local Koch Plant, and they agreed that if the Council approves this and moves forward, they would begin negotiations on the agreement, a provision of which he briefly addressed. In reply to other questions from Mr. Martin, Mr. Dodson said the work plan states that with regard to design and construction, "the city shall complete this phase of the project within six years of the date of the Order" (which would be October 1997), Mr. Martin said that would mean that after approval of the permit, the city would have four years to construct the project. Mr. Dodson said if called upon by the Texas Parks and Wildlife Department, the city would still have to make water releases during the months of May and June in that six-year period. Mr. Martin said it was important that the plan include an acknowledgment of the need to review the permit standards. Mr. Dodson said preliminary models have been based on a 20/20 permit discharge. Responding to Council Member Gonzales, Mr. Dodson discussed the implementation schedule called for in the work plan. Council Member McNichols asked about the permitting schedule, and Mr. Dodson said the work plan states that "the applicant and TNRCC staff will diligently pursue the processing of the applications with the goal of having the Commission take formal action for all uncontested applications" by in each case a certain date. He said the TNRCC by law has 180 days to process a permit application once it is administratively complete. Mr. Dodson added that this project is very visible to TNRCC staff. Dr. McNichols said there needs to be discussion and public awareness of the need for the entire region to be utilizing water conservation measures because it has no direct connection with any problem with the Wesley Seale Dam. Dr. Gonzales discussed the process for implementing Condition I of the drought contingency plan and changing the trigger to 50%, and City Manager Hennings pointed out that that policy needs to be clear at the outset. He explained that if the Council chose to go into Condition I, the city would not have to make releases; conversely, if they chose not to go into Condition I, the city would have to make releases. He said another factor would be how the city would recover the cost of the project, because if the city did not go into the drought contingency plan, it would not realize the increase in Minutes Regular Council Meeting September 23, 1997 Page 9 yield from the water system, which might affect how the city recovers the cost of the investment. Dr. Gonzales commented that he thought this was a great plan. Responding to Council Member Garcia, Mr. Dodson discussed the credits that would apply to the refineries under certain conditions. A brief discussion ensued. Mr. Ray Allen, of the Coastal Bend Bays Foundation, said that organization supports this project and it is their understanding that the TNRCC would endorse a 20/20 permit. He added that the Bays Foundation feels the Nueces Bay system has suffered not only through reduced freshwater inflows but also through reduced nutrient inflows, and they would support language in the work plan to call for a 20/20 wastewater permit. City Attorney Bray suggested the following amendment to the proposed resolution which would incorporate a new Section 2 with the rest of the resolution to be renumbered. He said Section 2 would read: "That the city's attorney is instructed to inform the TNRCC that granting of 20/20 wastewater treatment permits is an important factor in the city's decision to implement the proposed diversion project; and" (followed by Sections 3, 4, 5, and 6). Council Member Capelo made a motion to amend the resolution as recommended by Mr. Bray, seconded by Mr. Martin, and passed unanimously (Cooper absent). A motion was made and seconded to correct the dates in the work plan as previously discussed by Mr. Dodson; the motion passed unanimously (Cooper absent). City Secretary Chapa polled the Council for their votes as follows: 4. RESOLUTION NO. 023066 Resolution directing the City Manager to prepare and file with the Texas Natural Resource Conservation Commission a motion to amend the 1995 Operating Order for the Choke Canyon/Lake Corpus Christi Reservoir System, providing that if the City implements the proposed diversion of twenty (20) million gallons a day of treated wastewater effluent to the Nueces Delta, then the City could suspend all requirements for the passage of freshwater inflows to the Nueces Estuary whenever the reservoir system combined storage is below 50% of total storage capacity and the City has implemented Condition I of its Drought Management Plan; directing the City Manager to prepare and submit applications for financial assistance to the United States Environmental Protection Agency and other agencies; and directing distribution of this Resolution. The foregoing resolution passed, as amended, by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. Minutes Regular Council Meeting September 23, 1997 Page 10 ************* Mayor Neal opened discussion on Item 5, O.N. Stevens Plant chemical feed piping system project. The Mayor called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5.a. ORDINANCE NO. 023067 Ordinance appropriating $229,895 from the Combined Utility Systems Unreserved Fund balance; amending Ordinance No. 022993, which adopted the FY 1997-98 Budget, by adding $229,895 to the Combined Utility Systems Fund; transferring $229,895 to and appropriating $229,895 in the No. 205 Water Capital Projects Fund for the O.N. Stevens Water Treatment Plant: Chemical Feed Piping System Project; amending the FY 96-97 Capital Budget adopted by Ordinance No. 022742, by adding $229,895 to the Water Program. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 5.b. M97-258 Motion authorizing the City Manager or his designee to execute the Contract for Engineering and Consulting Services for the O.N. Stevens Water Treatment Plant: Chemical Feed Piping System project with INDTECH, Inc. for a fee not to exceed $229,895. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 5.c. RESOLUTION NO. 023068 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 O.N. Stevens Water Treatment Plant: Chemical Feed Piping System project. The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, Federal Aviation Administration (FAA) grants. Minutes Regular Council Meeting September 23, 1997 Page 11 The Mayor called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO. 023069 Resolution authorizing the City Manager or his designee to apply for Federal Aviation Administration Grants in compliance with all Federal Aviation Administration Grant Assurances and requirements, in accordance with the Capital Improvement Projects approved by the Capital Budget adopted annually by City Council. The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, airport improvement projects. The Mayor called for comments from the audience, and there were none. Responding to a question from Council Member Garcia, Ms. Bonnie Allin, Director of Aviation, explained that water had permeated under the side of the runway and caused the pavement along the edge to heave. She said the heaved pavement area had been milled off, and this proposal will involve the installation of a drainage system to prevent it from happening in the future. She said staff believed that that was the only area of the runway where the heave had occurred. In reply to Council Member Gonzales, Ms. Allin said this runway was built in 1958-59. City Secretary Chapa polled the Council for their votes as follows: 7.a. RESOLUTION NO. 023070 Resolution authorizing the City Manager or his designee to accept the $2,345,355 Federal Aviation Administration Grant No. 3-48-0051-24-97 for Terminal Reconstruction and Runway 13/31 Repairs and Drainage Improvements. The foregoing resolution passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. 7.b. ORDINANCE NO. 023071 Ordinance appropriating $2,345,355 from Federal Aviation Administration Grant No. 3-48- 0051-24-97 for Terminal Reconstruction, Runway 13/31 Repairs and Drainage Improvements in the No. 245 Airport Capital Improvement Fund; amending Ordinance No. Minutes Regular Council Meeting September 23, 1997 Page 12 022742 which adopted the FY 96-97 Capital Budget by adding $2,345,355 to the No. 245 Airport Capital Improvement Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent, 7.c. M97-259 Motion authorizing the City Manager or his designee to execute a contract for Runway 13/31 Repairs and Drainage Improvements at Corpus Christi International Airport with Garrett Construction Company in the amount of $513,563.50. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Cooper and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, purchase of trenching and boring equipment. The Mayor called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 023072 Ordinance appropriating $271,138 from the Reserve for Capital Outlay in the No. 132 Maintenance Service Fund to purchase equipment; amending the FY 97-98 Budget, adopted by Ordinance No. 022993, to increase appropriations by $271,138 in the No. 132 Maintenance Service Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Garcia and Martin absent. 8.b. M97-260 Motion approving the purchase of trenching and boring equipment in accordance with Bid Invitation No. BI -0201-97, based on low bid and only bid. The equipment will be used by the Water Department and Gas Department. Four items are additional equipment; two are replacements. Minutes Regular Council Meeting September 23, 1997 Page 13 Nueces Power Equipment Corpus Christi TX Item 1 $35,749.00 Item 2 3,900.00 Item 6 22,549.00 Total $62,198.00 Valley Ditch Witch Corpus Christi. TX Item 4 $34,513.19 Item 5 158,513.16 Total $193,026.35 Grand Total $271,137.35 UEC Equipment Co. Oklahoma Citv, OK Item 3 $15,913.00 The foregoing motion passed by the following vote: Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Garcia and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, purchase of a precision survey station and level. The Mayor called for comments from the audience, and there were none. In reply to Council Member Garcia, Mr. R.H. Shackelford, Director of Engineering Services, said that after staff reviewed the value of the existing equipment, they determined it would be to the city's advantage to retain the equipment in case something happened to the new equipment. City Secretary Chapa polled the Council for their votes as follows: 9. M97-261 Motion approving the purchase of a precision survey station and level from Leica, Inc., Austin, Texas, based on sole source for a total of $39,828.80. This equipment will be used by the Engineering Department for the Wesley Seale Dam Stability Investigation. 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 10, revised air quality standards. The Mayor called for comments from the audience, and there were none. He then asked if Congressman Ortiz and the two U.S. Senators from Texas were sponsors of those bills, and Mr. Hennings said he did not know. City Secretary Chapa then polled the Council for their votes as follows: 10. RESOLUTION NO. 023073 Resolution urging the members of the Texas Delegation to the United States Congress to support the enactment into law of House Bill No. 1984 and Senate Bill No. 1084. Minutes Regular Council Meeting September 23, 1997 Page 14 The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Council Member McNichols said that item pertained to the new ozone standards, and unless action is taken to change the standards, Corpus Christi and many other cities would become non - attainment and would have to spend more money to abide by the regulations. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, Lake Texana watershed facility. The Mayor called for comments from the audience, and there were none. Responding to Council Member McNichols, Mr. Dodson said the Railroad Commission of Texas is not like the TNRCC in that it has very broad exemptions for classes of wastes and materials and the way they are processed. City Secretary Chapa polled the Council for their votes as follows: 11. RESOLUTION NO. 023074 Resolution opposing the permit application filed by Spur Environmental, Inc. with the Railroad Commission of Texas for a permit to construct and operate a Commercial Land Treatment Facility for oil and gas wastes in the Lake Texana watershed and supporting the Lavaca-Navidad River Authority's request for a public hearing on the permit application and urging the Railroad Commission to deny the permit application. 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 12, delinquent account collection services. City Secretary Chapa said that Council Member Betty Jean Longoria had filed an affidavit stating that she would abstain from discussing or voting on this item. Mayor Neal called for comments from the audience, and there were none. Council Member Garcia discussed foreclosure procedures, and asked if the city could foreclose on the entire outstanding indebtedness of a property rather than on just a partial amount. Ms. Kathleen Morrison, Managing Attorney in the Corpus Christi office of Calame, Linebarger, Graham & Pefia (CLGP), said that when they foreclose on a piece of property that has delinquent Minutes Regular Council Meeting September 23, 1997 Page 15 taxes and special assessment liens, they include the special assessment liens in the foreclosure suit. However, the only amount they can include in the judgment is the liens that are due at the time they take the judgment. Consequently, at the time of the tax sale, the opening bid can only include by law what is included in the judgment; any assessment liens that have been placed since the judgment are of necessity and legally outside of the opening bid. She said as a result, they try to inform people that there are additional liens outside the judgment and that the buyer is also responsible for those liens because they are not cut off by the foreclosure. A discussion ensued. Mr. Garcia said he had more questions on this issue, and Ms. Morrison said she would like to give the Council a presentation at another time, if they wished, on the processes they use in their contract with the city. Council Member Gonzales said he also had more questions on this item, and he made a motion to postpone it until next week. Council Member Cooper said she had confidence in this law firm and did not see any need to postpone the item. Council Member Martin and Ms. Morrison pointed out that there is a difference between special assessments (paving liens) and weed clean-up liens or weed demolition liens. Council Member John Longoria pointed out that only one firm had responded to the request for proposals. He then seconded Dr. Gonzales' motion to postpone Item 12 for one week. Responding to Mayor Neal, Mr. Jorge Cruz-Aedo, Director of Finance, said city staff followed the normal RFP process and notified four firms they knew of that provided this service, but only CLGP responded to the request. He added that staff made it fairly clear that the city is not in a position to pay a large amount for this service, and as a result some firms may have been discouraged from responding. Mayor Neal and Mr. Longoria requested a list of the firms that were sent requests for proposals. City Secretary Chapa polled the Council for their votes on the motion to postpone Item 12. The motion failed by the following vote: Capelo, Garcia, Gonzales, and J. Longoria voting "Aye"; Cooper, Martin, McNichols, and Neal voting "No"; B. Longoria abstaining. Mr. Chapa then polled the Council for their votes on Item 12 as follows: 12. M97-262 Motion authorizing the City Manager or his designee to execute a contract with Calame, Linebarger, Graham and Pena, L.L.P. for the collection of delinquent special assessment accounts. Term of the agreement shall be from the date of execution by the City Manager until September 30, 1999 with an option to renew for two additional one-year periods. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Martin, Minutes Regular Council Meeting September 23, 1997 Page 16 McNichols, and Neal voting "Aye"; Gonzales and J. Longoria voting "No"; B. Longoria abstaining. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, lease of a portion of Middlecoff Park. City Manager Hennings said the acreage had been misstated and needed to be changed to 1.34 acres. Mayor Neal called for comments from the audience, and there were none. Council Member Martin commented positively on this item. A motion was made and seconded to approve the amendment as stated, and it passed unanimously (Garcia absent). City Secretary Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a 10 -year lease with Corpus Christi Independent School District for approximately 1.34 acres at Long Meadow Drive and Merganser Street in consideration of Corpus Christi Independent School District installing and operating a covered play slab with basketball equipment. The foregoing ordinance passed on first reading, as amended, by the following vote: Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 14 through 23, and Council members requested that Items 14, 19, and 22 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. M97-263 Motion approving the purchase of 1,000 gallons of Malathion from Cheminova, Wayne, NJ, for a total of $23,300 based on sole source. This chemical will be used by the Health Department's Vector Control for the control of mosquitos. Funds have been budgeted in FY 97-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Minutes Regular Council Meeting September 23, 1997 Page 17 Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 16. M97-264 Motion authorizing the City Manager or his designee to apply and to execute all necessary documents for continued financial assistance through the Texas General Land Office for beach cleaning and life guarding on Padre Island during 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. M97-265 Motion authorizing the City Manager or his designee to execute a construction materials testing and inspection contract in the amount of $25,712 with Professional Service Industries, Inc. for the Up River Road Water Transmission Main Project - Phase II. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 18.a. M97-266 Motion authorizing the City Manager to execute an amendment to Contract No. 7460005741-98 with the Texas Department of Health in the amount of $688,790 and providing for the Bureau of Nutrition Services to fund group nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk during the period October 1, 1997 to September 30, 1998. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 18.b. ORDINANCE NO 023075 Ordinance appropriating a grant in the amount of $688,790 from the Texas Department of Health to fund group nutrition education, individual counseling, immunization services, and to distribute food vouchers at no cost to individuals identified as having nutritional deficiencies and/or nutritional risk during the period October 1, 1997 to September 30, 1998; adding $688,790 to the No. 162 Federal/State Grants Fund - Health Department. An emergency was declared and the foregoing ordinance passed by the following vote: Minutes Regular Council Meeting September 23, 1997 Page 18 Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 20.a. M97-268 Motion authorizing the City Manager or his designee to accept a grant in the amount of $160,152 and to execute a contract and all related documents with the Texas State Library for the continued operation of the Regional Interlibrary Loan Center located at Corpus Christi Public Library for state fiscal year 1997-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 20.b. ORDINANCE NO. 023077 Ordinance appropriating $160,152 from the Texas State Library in the No. 162 Federal/State Grants Fund for the continued operation of the Regional Interlibrary Loan Center located at Corpus Christi Public Library during State fiscal year 1998. 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." 21. ORDINANCE NO. 023078 Ordinance authorizing the City Manager or his designee to execute a one-year lease, with MaxPlus, Inc. d/b/a Maxaero for a 450 -square foot office in the east concourse of the Airport for administration and training, in consideration of payment of $526.54 per month. 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." 23. ORDINANCE NO. 023079 Approving the Fiscal Year 1997-98 Budget for the Greater Corpus Christi Business Alliance The foregoing ordinance passed on second reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Minutes Regular Council Meeting September 23, 1997 Page 19 Mayor Neal opened discussion on Item 14, pipe repair clamps. Council Member McNichols commented on the price per clamp, and he asked about the distribution of the varying sizes of clamps. City Manager Hennings said he had part of the information requested by Dr. McNichols, but he said they could postpone this item one week in order for staff to provide all the information. Dr. McNichols made a motion to postpone Item 14 for one week, seconded by Mr. Martin, and the motion passed. Mr. Capelo also requested an explanation of best bid versus low bid and the procedures involved. 14. POSTPONED Co .us hr PPly C.J. i Texa C t CoQ o CL.;e.. Crops 13.2 Crop 3 $147,811.78 $40,541.56 Grand Total: $188,353.34 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, South Texas Library System grant. Council Member Capelo said he was a charter member of the Corpus Christi Literacy Council in the early 1980s, and he asked if any of these funds could be used to assist that organization. City Manager Hennings replied that he did not think so, but he said the city recently contracted with the Literacy Council to assist in developing literacy programs in the various operating departments where there is an interest. He said he was aware of about 20 city employees who had signed up for the first series of classes. City Secretary Chapa polled the Council for their votes as follows: 19.a. M97-267 Motion authorizing the City Manager or his designee to accept a grant in the amount of $764,781 and to execute a grant and all related documents with the Texas State Library for Minutes Regular Council Meeting September 23, 1997 Page 20 the continued operation of the South Texas Library System located at Corpus Christi Public Library for state fiscal year 1997-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 19.b. ORDINANCE NO. 023076 Ordinance appropriating $764,781 from the Texas State Library in the No. 162 Federal/State Grants Fund for the continued operation of the South Texas Library System located at Corpus Christi Public Library during state fiscal year 1998. 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." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 22, prepaid phone calling card vending machines. Council Member Garcia expressed concern about the five-year length of this agreement, adding that those services are highly competitive. Mr. Hennings said that since the anticipated revenue was so small, it was more convenient to establish a long-term agreement rather than bringing it back to the Council each year. He added that they could postpone this item one week to provide more information. Mr. Garcia made a motion to postpone Item 22 for one week, seconded by Council Member Capelo, and passed unanimously. 22. POSTPONED Authorizing the City Manager or his dcsigncc to execute a five-year Use Privilege Agreement, with Texas O.A.P., Inc. to place and epeiat., font prepaid phat.c calling-eatd of pay,,,et.t of 20% of gioas revet,uc pet nnetith. * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071 regarding Kelly Lewis, Jr. v. City of Corpus Christi, et al, Cause No. 94-1650-B, 117th District Court, Nueces County, Texas, with possible action in open session. The Council went into closed session. Minutes Regular Council Meeting September 23, 1997 Page 21 The Council returned from closed session. The following motion was made and seconded. Council Member Capelo asked if the contract with the law firm would provide for a one-time flat fee, whether the case goes to trial on December 8th or on a later date; Mayor Neal said it would. City Secretary Chapa polled the Council for their votes as follows: M97-269 Motion authorizing the City Manager to execute a contract for legal services with the law firm of Meredith, Donnell & Abernethy to handle the trial of Kelly Lewis, Jr. v. City of Corpus Christi, et al, Cause No. 94-1650-B, 117th District Court, Nueces County, Texas, for a flat fee of $35,000. The foregoing motion passed 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 said Mr. Shackelford would provide the weekly update on the Wesley Seale Dam stability analysis. He said that overall the work is progressing satisfactorily. As reported last week, the project team met onsite on September 10, 1997, to assess the overall program and to evaluate the need for additional instruments. Based on the field data and future construction monitoring needs, it was concluded that two additional vertical extensometers (one in each spillway) and two shallow piezometers in the north spillway were needed. The total cost of $42,200 will be charged to the previously authorized contingency of $195,000. He said that Mr. John Focht, the independent consultant, has reviewed that and recommended that the city proceed. Mr. Shackelford added that the installation of one vertical extensometer and two shallow piezometers are pending in the north spillway, and the lab testing of field soil samples is 20% complete. On the south spillway, the installation of instruments is 74% complete, and lab testing of soil samples is 10% complete. In addition, he said, the Council approved that day the purchase of the survey equipment, which is expected to be delivered within six weeks. Mr. Shackelford said the installation of seven reference monuments is now 60% complete, and the 33 alignment and elevation reference points are being manufactured, with completion expected by mid-October. He added that the consultant's recommendations should be ready by mid-December. Mr. Crull then gave an update on the rainfall levels. He said that although rainfall was fairly heavy in parts of Nueces County, it was widely varied throughout the watershed. He said it did not Minutes Regular Council Meeting September 23, 1997 Page 22 appear there would be any significant amount of runoff. Mr. Hennings said the main issue for next week's Council meeting would be the Gateway Project. Mayor Neal asked Council Member Capelo if he thought the Wesley Seale Dam Oversight Committee would be able to finalize their work at their meeting next Tuesday. Mr. Capelo said he thought the majority of their time at the meeting next week would be spent working on the recommendations. The Mayor then referred to a memo from Mr. Hennings regarding performance reviews of city departments, and he asked that that item be placed on the agenda of the Council meeting following the conclusion of the Wesley Seale Dam report. Mayor Neal also asked the Council to begin thinking about the selection process of the Industrial Development Corporation (IDC). Mayor Neal called for Council concerns and reports. Council Member John Longoria said the Council had received a letter signed by several residents of Mendenhall Drive concerning excessive and high-speed traffic on their street. He said that problem is widespread throughout the city, and he asked that Mr. David Seiler, City Traffic Engineer, discuss the idea of a residential traffic management program. Mr. Longoria also referred to a memo in the Council members' packets concerning raising the parking fee at the Bayfront Plaza Convention Center from 50 cents to $1.00. He said he did not think the Council had taken action to make that change in the parking fee, and Mr. Hennings said he may have misunderstood their request. Mr. Longoria suggested staff bring that action to the Council. Mr. Longoria said he thought the performance reviews were a good idea. Council Member Martin concurred with Mr. Longoria's comments about the performance reviews, and he commented on the commercial paper rating trip. Mr. Martin suggested that the discussion on the IDC board be held during next week's Council meeting, and Mayor Neal agreed. Council Member Cooper thanked the participants in the Mayor's Task Force on Youth Violence graffiti paint -over with the Junior League on September 13th. She thanked Police Chief Alvarez and Ms. Rose Vela for a presentation they gave at the task force's meeting last week, and she said there was a consensus among the students on the Youth Council that there was a diminished fear of gangs at the schools due to increased security, for which she thanked Chief Alvarez and the Police Department. Mrs. Cooper announced that on October 1 lth there would be another "Wash Out the Violence" event at both Carisma Car Wash facilities, and October 25th is "Make a Difference Day" in which a site on the northside will be cleaned up. She also thanked Ms. Nada Cano and Mr. Utter for their presentations at the town hall meeting she held. Minutes Regular Council Meeting September 23, 1997 Page 23 Council Member Gonzales asked if representatives of Calame, Linebarger, Graham and Pena could give a presentation, and Mr. Hennings said that would be a good presentation to give during lunch some time soon, possibly in October. Dr. Gonzales also referred to an article in the day's newspaper regarding the city's efforts to include more youth in the summer programs. Council Member Garcia commented on the large number of city vehicles leaving the Service Center in the mornings, causing traffic congestion on Ayers Street. Mr. Hennings pointed out that the Street Department and Park Department start at 7 a.m., Solid Waste Services starts at 7:30 a.m., and the other departments start at 8 a.m. Mr. Garcia also requested a report from Mr. Hennings regarding his meeting at the airport, and he referred to the selection process for the board of the Crime Control and Prevention District, and the contract with Calame, Linebarger, Graham and Pena. Mr. Garcia also questioned the process used to award grants through the Mayor's Task Force on Youth Violence. Mayor Neal said he had had discussions on that issue. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:55 p.m. on September 23, 1997. * * * * * * * * * * * * *