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HomeMy WebLinkAboutMinutes City Council - 09/30/1997I 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 30, 1997, which were approved by the City Council on October 14, 1997. WITNESSETH MY HAND AND SEAL, this 14th day of October, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 30, 1997 2 p.m. PRESEN 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. Tom Burdett, Unitarian Universalist Church, following which the Pledge of Allegiance to the flag of the United States was led by Mayor Neal. City Secretary Chapa checked 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 23, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Guy Watts, 4237 Ocean Dr., spoke on behalf of the Youth Sector of the Commission on Children and Youth regarding the joint meeting held September 29, 1997 of that organization, the City Council, and the Nueces County Commissioners. He said the Youth Sector members were proposing five ideas to help youth in this community pertaining to the expansion of Latchkey programs in the schools; use of middle school gyms and cafeterias on weekends and in the summer; computerized tracking system to ensure that youth utilize positive summer programs; use of the schools as community centers; and support of legislation to provide governmental immunity for non - school programs. Mr. Byron Wooldridge, 6705 Deerwood and President of the South Texas Research Minutes Regular Council Meeting September 30, 1997 Page 2 Foundation, provided information he had gathered at the American Desalting Association conference in San Antonio, including reverse osmosis desalination and a multi -effect distillation unit. Mr. Phil Rosenstein, 949 Bobalo, contested a statement by Council Member McNichols made that morning during a meeting of the Wesley Seale Dam Oversight Committee concerning water that was released from the dam a few months ago. Mayor Neal said there was no attempt that morning to mislead the public concerning that issue. He said the comments that were made by all the Council members had to do with equating the value of the water lost to the actual amount of water that might have been used had the level been at 94 feet. He said it is agreed that when the lake is at a higher level, more evaporation occurs than when the lake is at a lower level. Mr. John Hartley, 3925 Sandy Hollow, referred to a chart illustrating costs of water from different sources, and he said it was misleading to compare treated desalinated water with untreated river water. He added that water obtained from the Colorado River is composed of wastewater from Austin and other cities. Mayor Neal referred to the materials Mr. Hartley had distributed, and he asked how much water Santa Barbara had produced from its desalination plant, and Mr. Hartley replied that he did not know. Ms. Dora Garza, 625 Gregory, said the Instituto de Cultura Hispanica was interested in leasing the Lichtenstein House in Heritage Park, and she distributed information about the organization. Council Member Martin suggested that city staff make sure that the Council is in concurrence regarding the lessee for the Lichtenstein House before staff spends time working out the details of the lease. Mr. J.E. O'Brien, 4130 Pompano, echoed Mr. Hartley's point about the water cost comparisons, and he thanked the Mayor for his consideration last week. He also commented on a reunion he attended of members of a World War II Navy squadron. Mr. Leon Perez, 904 Buford, said the red tide is caused by pollution. Council Member McNichols said red tide, like brown tide, is an algae bloom, the cause of which is unknown. * * * * * * * * * * * * * Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Nueces County Tax Appraisal District Clif Moss (Reappointed) Rose Vela * * * * * * * * * * * * * Minutes Regular Council Meeting September 30, 1997 Page 3 Mayor Neal referred to the presentations on the agenda. The first presentation was an update on the Community Progress Partnership (CPP). Mr. Al Jones, CPP Chairman, said there is a strong effort at this time to inform and educate Corpus Christi residents about the CPP and crime control district proposals that are on the November 4th ballot. He said most of the questions that have been raised pertain to the process involved rather than the content of the proposals themselves. Mr. Jones said the most prevalent question concerns the Industrial Development Corporation (IDC) board that will administer the CPP projects. He said that board needs to have a high degree of credibility and trustworthiness, and most people have said it should consist of private citizens and not elected officials. Mr. Jones pointed out that everything the IDC will do will have to be approved by the City Council. He also commented on the great amount of misinformation that has been circulating, and he emphasized that CPP members will continue to work with the Council and others to answer questions about the CPP. Mayor Neal apologized for inadvertently wearing a button during last week's Council meeting supporting Citizens for A Better City (the political organization promoting the CPP proposals), and he asked others to refrain from doing so when they are in the Council chambers. In response to Council Member Gonzales, City Secretary Chapa said the policy concerning campaign paraphernalia during Council meetings is part of a City Council policy regarding rules of procedure inside the Council chambers. Council Member John Longoria criticized an article about the CPP in a recent issue of a Local Hispanic publication. He said the article was absolutely incorrect and the publication does a disservice to the Hispanic community. Mr. Jones said those are the kinds of things that the CPP organizers are trying to address, and he said there would be a meeting October 1st at the organization's headquarters to answer questions from the media and the public. *Council Member Cooper arrived at the meeting at 2:45 p.m. The Mayor then asked City Attorney Bray to discuss the selection process for the board of directors of the Industrial Development Corporation. Mr. Bray said the basic characteristics of the board under Section 4B of the Development Corporation Act are simply that it be a seven -member board of directors appointed by the City Council, and three members must be persons who are not city officers or employees. In addition, the directors must be city residents and they serve two-year terms at the pleasure of the Council. Council Member Martin made a motion that the Council commit to appoint seven citizen members to the IDC board; seconded by Council Member Garcia. Dr. Gonzales said he has heard in the community that citizens want accountability, and he said that at least four members of the City Council should serve on the IDC board. Minutes Regular Council Meeting September 30, 1997 Page 4 Council Member Cooper said she thought that citizens should have the opportunity to serve on the IDC board, and she noted that the Council will review and approve or disapprove any actions that the IDC board takes. Mr. Garcia asked if Council members could serve as advisory members of the IDC board, and Mr. Bray said he was not aware of anything that prevents that. Mr. Garcia said the Council should show their support of an IDC board comprised of citizens. Mr. Longoria asked what the purpose is for having only private citizens serve on the board. Mr. Martin replied that he would probably feel differently about the board's make-up if it was an independent board making final decisions on the expenditure of city funds. He reiterated that since the City Council will be reviewing and voting on the board's recommendations, a Council member serving on the IDC board would have undue influence and power. Mr. Longoria said he favored an "all -citizen" board membership, but he raised concems about how representative those citizens will be of the different Council districts; Mr. Martin said those issues should not be addressed now. Dr. Gonzales reiterated his desire that some of the members of the IDC board be Council members, primarily because of the need for accountability. Council Member Betty Jean Longoria said she wants to ensure that her district is represented on the IDC board and she supports the proposal to only include private citizens on that board, which she said has been the opinion of many people with whom she has spoken. Mr. Garcia asked if the board could consist of five citizens representing the five Council districts and two citizens representing the city at -large. Mr. Bray replied that the Council could establish that as a matter of policy, although he did not think that future Councils could be bound to that. Mr. Garcia asked if nominees for that board would be required to have their resume on file in the City Secretary's Office as is the case with other city boards, and Mr. Chapa said they would. Council Member McNichols said that he, too, supports funding for projects in his district, but he agreed that the board should consist of private citizens. He noted that the amount of funding for the proposed individual projects has already been determined, and if the whole program is approved by the voters, a certain amount of funding will be established for each of the districts through the trust funds. Council Member Capelo said he was a little concerned about Mr. Martin's motion because a significant number of the projects will be located in his district, and as the district representative he has a vested interest in ensuring that those projects are carried out in a timely and proper fashion, for which he will be held accountable. City Secretary Chapa polled the Council, and the motion that the Council commit to appoint Minutes Regular Council Meeting September 30, 1997 Page 5 seven citizen members to the IDC board passed by the following vote: Capelo, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales voting "No.- * * * * * * * * * * * * * No." ************* Mayor Neal said the Council would defer the report of the Wesley Seale Dam Oversight Committee until later in the day. He then opened discussion on Item 3, the Gateway Project. Council Member Martin asked about the completion of Phase 1 of the Gateway Project. City Manager Hennings said the second contract of Phase 1 would not be affected by the five options for Phase 2 unless the Council decided not to proceed with the recommended landscaping for the I-37 phase of the project. Mr. Martin suggested that staff take the $500,000 needed to complete Phase 1 out of available funds and bring that contract back for the Council's approval, since it ties into the architectural design for the new federal courthouse. Mr. Hennings then referred to large diagrams of options for Phase 2 of the Gateway Project. Option 1 is the Gateway Project as originally approved, and it consists of improvements along I-37 and planned improvements along Shoreline Boulevard from Peoples Street to just north of I-37 and the new federal courthouse (Palo Alto Street). That plan includes moving the northbound lanes of Shoreline next to the southbound lanes in order to create an 8 -block long park along the seawall, and it would use up the available funds. Mr. Hennings noted that much of the funding came from the payment by the federal government to the city for the land for the new federal courthouse. Other funding sources were the state of Texas, Regional Transportation Authority, Downtown Management District, and the Public Art Trust Fund (the plan does not include a tentative commitment of funds from TRT Holdings). Responding to Council members' questions, Mr. Hennings said Option 1 and Option 4 are the only options that fit within the project's current budget. He added that there was no reduction in traffic -carrying capacity with Option 1, and if adopted, it would spend all of the available funds of $3,166,008, with another $500,000 for Contract 2 of the I-37 phase. Mr. Hennings said Option 2, which was suggested by Mr. Dusty Durrill a few months ago, consists of moving the traffic lanes away from the seawall, but reducing them from three lanes each way to two lanes each way, and extending that pattern further south past Memorial Coliseum; the cost for that plan would be $9,546,100 (including the $500,000 for the I-37 portion). He said Option 3 modifies Mr. Dun -ill's plan by retaining the traffic -carrying capacity of three lanes in each direction, while otherwise maintaining his concept; the cost would be $9,783,650 (including the I-37 portion). Council Member John Longoria pointed out that Option 3 is an extension of Option 1 and it eliminates the "cruising" lane along the seawall proposed in Option 2. Council Member McNichols said that since Option 3 is an extension of Option 1, it could be constructed after about $6 million more in funding becomes available. Minutes Regular Council Meeting September 30, 1997 Page 6 Mr. Hennings said Options 4 and 5 respond to the Council's request two months ago to consider not spending money to relocate the traffic lanes but instead extend the effect of the project further along the bayfront via landscape and park improvements, street lighting, and other improvements. The difference between the two is that Option 4 proposes improvements within the available funding ($3.6 million), while Option 5 extends the improvements to the full length of the seawall, which would require more money ($6.07 million). The City Manager pointed out that there remains a need to repair the seawall structure itself. He said some work has been done as a result of the 1986 bond election, but another $13 million in repairs is needed on the seawall along Shoreline 13oulevard and the T -Heads and L -Head. He said it was known that the extent of the repairs was much greater than the money that was available in the bond election; nevertheless, some monies (about $4 million )were included to do the most urgent portions of the repairs. He said the first step in proceeding with the repair project, which will be presented to the Council in the upcoming capital improvement program, will be to conduct a study of the repair needs and to outline a scope of work, along with a budget estimate. He said the study is estimated to cost $355,000 and at this time staff does not have a source of funds for that. Responding to Dr. McNichols, Mr. Hennings said the $355,000 study of the seawall repairs will need to be funded this year, and a major portion of the repairs should be completed in about the next five years. Mr. Malcolm Matthews, Director of Park and Recreation, described in detail the different options being presented. He noted that one need that has been identified is to improve the traffic pattern at the Agnes/Laredo street intersection (Highway 44) at Shoreline, which is estimated to cost $800,000 for traffic pattern changes, landscaping, lighting improvements, and signage. Responding to Mayor Neal, Mr. Matthews said that $800,000 has been included in the cost estimate for Option 5. In addition, a 12 -foot wide path is being proposed through the Shoreline Boulevard medians to possibly accommodate an electric -type transportation system to carry people from the downtown hotels to other areas, such as the Bayfront Arts and Sciences Park. In order to lengthen and better utilize the medians, he said some intersections could be closed off on Shoreline. Mr. Matthews also discussed different proposals for increased landscaping and shading. In reply to Council Member Cooper, Mr. Hennings noted that although the total $6.07 million proposed for Option 5 is not currently available, the Council could choose to adopt different combinations of improvements with the $3.6 million in funding that is available. Mr. Matthews added that Options 3 and 5 are extensions of an initial idea, and the purpose is to illustrate that whatever improvements the Council chooses to make to the bayfront area could fit with some type of long-range plan. Mr. Longoria said he is opposed to the idea of developing a tram through the medians, athough he supports Option 3. Mr. Matthews described Option 4, and he discussed some improvements that are common Minutes Regular Council Meeting September 30, 1997 Page 7 to several of the plans. Mr. Martin commented that there are some huge infrastructure needs even before any landscaping improvements are made. Responding to Mayor Neal, Mr. R.H. Shackelford, Director of Engineering Services, explained that the traffic signals at the intersection of I-37 and Shoreline Boulevard (including the Twigg Street intersection) were not included in Phase 1 but were planned to be included in Phase 2 of the Gateway Project. Mr. Matthews also described ways in which Option 4 differs from Option 5. Mr. David Seiler, City Traffic Engineer, briefly described traffic control improvements, and Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, discussed how the seawall would be repaired. In reply to several of the Council members' questions, Mr. Hennings explained that the $13 million in repairs will take several years to complete. He added that in the early 1980s the City Council was given a presentation on the repair needs of the seawall, and as he said earlier, some funds were included in the 1986 bond program. In addition, since the '86 bond program has been completed, the Council needs to begin developing the next capital improvement plan, which has already begun with the Planning Commission. He said the two key issues that will be difficult to deal with are the seawall repairs and street repairs, which he further discussed. Dr. McNichols pointed out that the Gateway Project has been planned and discussed for quite some time, and while the seawall repairs need to be addressed, the Gateway Project should continue to move forward. Responding to Mr. Martin, Mr. Crull described the seawall repairs that have already been made as part of the 1986 bond program. Mr. Martin said he thought the funds should be identified to proceed with the seawall study. Council Member Capelo asked how long the study would take, and Mr. Hennings replied it would take eight to ten months. Mr. Hennings also addressed the need to improve the traffic signalization at the intersection of I-37 and Shoreline Boulevard. In reply to Dr. Gonzales, Mr. Crull explained that the structural part of the seawall consists of the step portion of the seawall to the water. The 20 -foot wide sidewalk and the northbound traffic lanes are independent structures, but they provide splash protection for the back part of the seawall in high winds and water. Mayor Neal said the basic decision the Council needed to make with regard to the different options was whether or not to move the lanes of traffic on Shoreline Boulevard. Responding to Mr. Garcia and Mr. Martin, Mr. Matthews referred to different aspects of the proposed improvements. Mr. Martin said that while all of the options had pros and cons associated with them, he felt the cons associated with Option 1 involving moving the lanes of Shoreline raised some major concerns. Mayor Neal called for comments from the audience. Minutes Regular Council Meeting September 30, 1997 Page 8 Ivlr. Gordon Landreth, Chairman of the Downtown Management District (DMD), described the history of the Gateway Project, noting that Phases 1 and 2 have been in development for four years and involved the input of many citizens, with the goal of creating a park on the bayfront. Mr. Landreth then briefly reviewed the five different options, pointing out that Option 3 is an extension of Option 1. He said the DMD board adopted two resolutions last week in support of Option 1 with the idea of expanding the park down Shoreline as additional funding is obtained. Mr. John Hartley questioned how a large park area along Shoreline will be able to be maintained by the city since, he said, the city cannot even maintain its neighborhood parks. He added that the traffic lanes of Shoreline should not be moved, and the seawall study should be conducted. Mr. J.E. O'Brien said he thought the seawall study and whatever repairs will be necessary should have a higher priority than the Gateway Project. He said he believes there is major opposition to moving the Shoreline traffic lanes. He said it does not make sense to raise taxes to build a $9 million baseball stadium while $13 million is needed to repair the seawall. Mr. Byron Wooldridge referred to a type of technology that could be used with regard to the seawall structure, and he expressed concern about traffic backing up at the T -Heads and L -Head. Responding to Mrs, Cooper, Mr. Landreth said the DMD supports development of Option 1 with the expansion into Option 3, which calls for the relocation of the water -side lanes of Shoreline, maintaining three lanes in each direction. Mr. Longoria made a motion to adopt Option 3 of the Gateway Plan for long-range planning, which includes the initial development of Option 1; to provide $355,000 from available funding to conduct a study of the seawall; and to include as a final phase the Agnes Street portion of the project. The motion was seconded by Mr. Capelo. Mr. Martin asked if Option 3 had been reviewed by anyone other than the Council, and Mr. Hennings said it had not been, but it is very similar to plans that were reviewed in the development of the Gateway Project. Dr. McNichols expressed concern about traffic circulation around Memorial Coliseum. Mr. Seiler said additional traffic engineering assessment is needed for the project, but he said it could be planned carefully. Mr. Garcia asked how the proposals were changed to reflect the fact that the $250,000 donation from TRT Holdings had not been received. Mr. Matthews responded that cuts were made across the board, but mostly with regard to landscaping and irrigation. He also described some of the grant funding that has been obtained. Mrs. Cooper said she would not support the motion because she did not think it was the consensus of the public to reroute the Shoreline traffic lanes. Minutes Regular Council Meeting September 30, 1997 Page 9 City Secretary Chapa polled the Council for their votes as follows: 3. M97-270 Motion adopting Option 3 of the Gateway Plan for long-range planning, which includes the initial development of Option 1; to provide $355,000 from available funding to conduct a study of the seawall; and to include as a final phase the Agnes Street portion of the project. The foregoing motion passed by the following vote: Capelo, Garcia, B. Longoria, J. Longoria, and McNichols voting "Aye"; Cooper, Gonzales, Martin, and Neal voting "No." * * * * * * * * * * * * * Mayor Neal recessed the regular Council meeting for the conclusion of the meeting of the Wesley Seale Dam Oversight Committee. * * * * * * * * * * * * * Mayor Neal reconvened the regular Council meeting and opened discussion on Item I., report of the Wesley Seale Dam Oversight Committee. Council Member Capelo made a motion that the City Council adopt the report, findings, and recommendations of the Wesley Seale Dam Oversight Committee; that the City Manager be directed to submit to the Council within 60 days a plan for implementing the recommendations of the committee; and that the committee's work be concluded; seconded by Council Member Garcia. Mayor Neal said he thought the Council -Manager form of government was successfully tested throughout the process of the investigation. He said much has been asked of city staff, of the City Manager, and of the Council members themselves, and he said he hoped the public will think they have acted fairly and have produced meaningful recommendations. The Mayor commended Mr. Capelo for his efforts. He then called for comments from the audience. Mr. John Hartley also complimented Mr. Capelo for his leadership of the committee. City Secretary Chapa polled the Council for their votes as follows: M97-271 Motion adopting the report, findings, and recommendations of the Wesley Seale Dam Oversight Committee; that the City Manager be directed to submit to the Council within 60 days a plan for implementing the recommendations of the committee; and that the committee's work be concluded. Minutes Regular Council Meeting September 30, 1997 Page 10 The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." *(A copy of the report is attached to this motion on file in the City Secretary's Office.) ************ * Mayor Neal opened discussion on Item 4, sign ordinance revisions. He then called for comments from the audience. Mr. Jack Gordy, 7226 Owen Court, said no developer has ever received a notification for placing a sign illegally in the right-of-way. He said revisions to the sign ordinance would allow developers to ignore the existing city ordinance. He said he had received a notification from the city concerning a directional sign he had used for his business. City Manager Hennings said that what precipitated the request from the Builder's Association for a revision of the sign ordinance was an initiative by city staff one weekend to collect several thousand dollars' worth of illegal signs. He said he placed this item on the agenda to determine if the Council wanted to consider it. Council Member Garcia said he thought it was important for the Council to consider this.Responding to Council Member Gonzales, Mr. Hennings said the sign ordinance has been enforced on a complaint basis and it has never been a priority to which staff has consistently been assigned. Mr. Ken Griffin, a representative of Central Power and Light, said there was a problem with people putting signs up on CPL's utility poles. Council Member Martin said there are many different types of signs involved and this issue is faced by many communities across the country. Mr. J.E. O'Brien said selective enforcement of any ordinance should not be tolerated by this Council, and as long as an ordinance is in effect it should be enforced. City Secretary Chapa polled the Council for their votes as follows: 4. M97-272 Motion directing staff to undertake appropriate review of the sign ordinance revisions as requested by the Board of Directors of the Builders Association Corpus Christi Area, and subsequently proceed with the public hearing process through the Planning Commission. Minutes Regular Council Meeting September 30, 1997 Page 11 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 5, negotiation of a contract with Naismith Engineering for the Nueces Delta effluent diversion project. City Manager Hennings said that project has some tight time lines, in particular a January deadline for filing permit applications. He asked Mr. Shackelford to explain what the alternative would be if the Council opted not to approve the direct selection of the firm being recommended. Mr. Shackelford said staff would request a deviation from the standard procedure for professional selection; specifically, staff would identify about six companies, forward them a scope of work, and if they were interested, staff would interview them and determine the most qualified firm. He said it would take 60 to 70 days to go through the standard process for requests for proposals (RFPs). He said on an expedited basis the process would take a minimum of four weeks. Council Member Gonzales said he would vote against the proposal because it set a precedent. Council Member Martin said the time crisis is staff -created because they could have requested proposals months ago. He said the Council was not just selecting a firm to prepare a permit application; more than likely they would be selecting a company for a $20 million project. Mr. Martin said staff should assemble the best team of engineers for this project. He emphasized that the Council needed to honor the process, even if it is expedited. Council Member Garcia asked if staff had tried to obtain an extension of the deadline. Mr. Hennings said the staff of the Texas Natural Resource Conservation Commission has been tightening the deadline. He added that according to the agreement, the city is supposed to have all of the permit amendments submitted by January 30, 1998. Mr. Hennings pointed out that this contract is for planning, project management, preliminary design and environmental services associated with the preparation of the wastewater discharge permit amendments; the construction plans for the project (the pipeline, pumping stations, etc.) are a separate issue for which RFPs can be issued. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M97-273 Motion authorizing the City Manager or his designee to negotiate a contract for professional services with Naismith Engineering, Inc., of Corpus Christi, Texas, for planning, project management, preliminary design and environmental services associated with the preparation Minutes Regular Council Meeting September 30, 1997 Page 12 of wastewater discharge permit amendments necessary to implement the wastewater effluent diversions under the Nueces Delta Effluent Diversion Project Work Plan as approved by City Council on September 23, 1997, and waiving the requirement to prepare and disseminate Requests for Proposals and undertake a selection process for these professional services due to the critical time frames for submitting the permit applications under the Work Plan. The foregoing motion passed by the following vote: Capelo, Cooper, J. Longoria, McNichols, and Neal voting "Aye"; Garcia, Gonzales, B. Longoria, and Martin voting "No." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, Corpus Christi Clean Cities initiative. He then called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.a. M97-274 Motion authorizing the City Manager or his designee to accept a grant in the amount of $25,000 and execute all necessary documents with the Texas Alternative Fuels Council to underwrite the costs of Phase II, Strategic Market Planning, of the Clean Cities Initiative. The foregoing motion passed by the following vote: Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Capelo, Gonzales, and Martin absent. 6.b. M97-275 Motion authorizing the City Manager or his designee to accept a grant in the amount of $30,000 and execute all necessary documents with the Texas Alternative Fuels Council to underwrite the incremental costs to purchase natural gas powered vehicles. The foregoing motion passed by the following vote: Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Capelo, Gonzales, and Martin absent. 6.c. ORDINANCE NO. 023080 Ordinance appropriating $25,000 from Texas Alternative Fuels Council, in the No. 162 Federal/State Grants Fund for Phase II implementation of Clean Cities Program. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Capelo, Gonzales, and Martin absent. Minutes Regular Council Meeting September 30, 1997 Page 13 6.d. ORDINANCE NO. 023081 Ordinance appropriating $30,000 from Texas Alternative Fuels Council in the No. 162 Federal/State Grants Fund for purchase of natural gas powered vehicles. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Capelo, Gonzales, and Martin absent. 6.e. ORDINANCE NO. 023082 Ordinance appropriating $3,000 from the Regional Transportation Authority, $5,000 from the Port of Corpus Christi Authority, and $2,000 from the Corpus Christi Independent School District in the Combined Utility System Fund; authorizing a $10,000 transfer to and appropriation in the No. 162 Federal/State Grants Fund for Phase II implementation of Clean Cities Program. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Capelo, Gonzales, and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, consideration of annexation of six tracts of land. He called for comments from the audience, and there were none. Responding to Council Member Garcia, Mr. Brandol Harvey, Director of Planning and Development, said there was a combination of factors involved in this annexation proposal. He said that in 1995 there was an agreement that a certain quota of the property be annexed each year, and last year the property owners failed to meet that quota. Following discussions with staff, the owners agreed to make up last year's quota and this year's quota through this proposal. He said if the property is not annexed as originally agreed upon, it would result in a slight decrease in revenue because the tax base would not be added. Mr. Garcia asked if there were any other properties that had incremental annexation associated with then, and Mr. Harvey said there were not. City Secretary Chapa polled the Council for their votes as follows: 7. M97-276 Motion authorizing Planning and Development staff to prepare a service plan for the proposed annexation areas and schedule two public hearings to pursue annexation of six Minutes Regular Council Meeting September 30, 1997 Page 14 tracts of land comprising approximately 32 acres. Five tracts are out of a 400.00 acre tract and a 205.80 acre tract out of the Mariano L. De Herrera Grant Abstract 606, Nueces County, Texas, said 400.00 acre tract conveyed by Bess L. Hurd, Et Vir, to Nina G. Stewart, widow, by Deed dated June 22, 1944, and recorded in Volume 300, Page 153, Deed Records, Nueces County, Texas, and said 205.80 acre tract conveyed by Bess L. Hurd Et Vir, to Nina G. Stewart, by Deed dated August 29, 1940, and recorded in Volume 261, Page 235, Deed Records, Nueces County, Texas. The sixth tract contains .5001 acres and is platted as Annex No. 2 to The Nueces River Irrigation Park Lot 1B, out of Lot 1, Annex No. 2 to the Nueces River Irrigation Park which is recorded in Volume 40, Page 50, Deed Records, Nueces County, Texas. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. Mr. Garcia suggested that staff visit with the property owners to emphasize that they need to abide by their portion of the annexation agreement. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, Corpus Christi Metropolitan Planning Organization. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8.a. M97-277 Motion authorizing the City Manager or his designee to accept a grant in the amount of $402,900 and execute a contract with the Texas Department of Transportation for the continuation of the Metropolitan Planning Organization Program. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye": Gonzales and Martin absent. 8.b. ORDI ANCE NO. 023083 Ordinance appropriating a $402,900 grant from the Texas Department of Transportation in the No. 162 Federal/State Grants Fund to pay for Transportation Planning and Related Activities to be undertaken by the Metropolitan Planning Organization. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. Minutes Regular Council Meeting September 30, 1997 Page 15 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, contract for water treatment plant project. He called for comments from the audience, and there were none. Council Member Martin asked if this recommendation entailed requests for proposals, and Mr. Hennings said it did. City Secretary Chapa polled the Council for their votes as follows: 9. M97-278 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 System and Bucket Elevator Rehabilitation project with BHP Engineering and Construction, Inc. for a fee not to exceed $75,500. 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, supply agreement for pipe repair clamps. He called for comments from the audience, and there were none. Council Member McNichols questioned the cost of some of the largest clamps at approximately $800 a piece. Mr. Crull brought out a 6" by 10" stainless steel clamp which costs $53 and noted that the clamps in question are 24" by 30". He added that they are made to meet the pressure ratings of the pipe. City Secretary Chapa polled the Council for their votes as follows: 10. M97-279 Motion approving a supply agreement with the following companies for the following amounts for approximately 6,150 pipe repair clamps ranging in size from 2" to 30" in accordance with Bid Invitation No. BI -0196-97, based on low bid, best bid and low bid meeting specifications, for an estimated annual expenditure of $188,353.34. The terms of the contracts will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. These items are purchased into Warehouse Inventory and charged out to the Water and Wastewater Departments. Minutes Regular Council Meeting September 30, 1997 Page 16 International Supply Co. Corpus Christi. Texas Groups 1&2 $147,811.78 San Antonio Plumbing Dist. Corpus Christi. Texas Group 3 $40,541.56 Grand Total: $188,353.34 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 the public hearing on the following zoning case: 11. Case No. 897-5E, Gary L. Martin: An exception to the standard screening fence requirement on Martin Plaza, Block 1, Lots 1 and 2, located on the south side of Farm -to -Market Road 624, approximately 785 feet west of County Road 69. City Secretary Chapa said the Planning Commission recommended denial and, based on new information received, staff recommended that this case be referred back to the Planning Commission for reconsideration. Mr. Gary Martin, the applicant, explained that he is a real estate broker in northwest Corpus Christi and he is in the process of developing the 10 acres of the subject property, which is mostly surrounded by Farm -Rural zoning. He said it would cost between $30,000 and $60,000 for him to fence his property, and he said that until the surrounding properties are rezoned residential, it would be a waste of money to construct that fence. Responding to Council Member Betty Jean Longoria, Mr. Harvey said it is not required that this case go back before the Planning Commission. He said this case is somewhat different from a zoning case in that findings are required by the City Council. Mr. Harvey explained that the subject property was rezoned from residential to business in March 1997, and the applicant is proposing to build a batting cage, mini -storage units, retail uses, and office uses, some of which are currently under construction. Mr. Harvey explained the administrative process that would be involved and the options that are available to the Council, including the findings that would be required if the Council were to grant a waiver or reduce the screening fence requirement. In reply to Council Member Martin, Mr. Harvey said the applicant's initial request was for a waiver of the screening fence requirement. However, based on staff and Planning Commission discussion, the applicant said he would be willing to defer construction of a screening fence until and unless the west, south, or east adjacent properties develop with a residential use. Minutes Regular Council Meeting September 30, 1997 Page 17 Mr. Martin asked if the city would consider a letter of credit from the applicant; City Attorney Bray said the city would, and a brief discussion ensued. Mr. Martin then made a motion to table Item 11 for a few weeks to give staff time to work with the applicant on developing a deferral process that both protects the city and provides the applicant with some flexibility, while maintaining jurisdiction at the Council level. Mrs. Longoria seconded the motion. Council Member Garcia asked the applicant about the possibility of a letter of credit being required, and he replied that it would depend on the cost of the screening fence. The applicant added that his proposed development would provide amenities to the northwest area of the city. Council Member Gonzales made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously (Capelo and J. Longoria absent). Mayor Neal then called for a voice vote on Council Member Martin's motion to table Item 11 as previously stated, and the motion passed unanimously (Capelo and J. Longoria absent). 11. TABLED car.n to Market Read 624. Mayor Neal opened the public hearing on the following zoning case: 12. Case No. 997-2, Cooper's Collision Center. Inc : A change of zoning from a `B-4" General Business District to an "I-2" Light Industrial District on St. Clair Industrial Park, Block 3, Lot 2, located on the west side of North Padre Island Drive, between Bates Drive and Bear Lane. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Gonzales made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously (J. Longoria absent). Minutes Regular Council Meeting September 30, 1997 Page 18 Council Member Martin asked if staff had considered a special permit so that "I-2" zoning would not be created up and down North Padre Island Drive. Mr. Harvey replied that that would be a possibility, although the adopted comprehensive plan calls for this particular section of Padre Island Drive to be zoned industrial. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 023084 Amending the Zoning Ordinance upon application by Cooper's Collision Center, Inc., by changing the zoning map in reference to St. Clair Industrial Park, Block 3, Lot 2 from `B-4" General Business District to "I-2" Light Industrial District. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 13. Case No. 997-3 E.W. Kretzinger: A change of zoning from an "AT" Apartment Tourist District to an "I-2" Light Industrial District on Brooklyn Addition, Block 75, Lots 1, 3, 5, 7, 9, and 11, located on the south side of Beach Street, approximately 140 feet east of U.S. Highway 181. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District with a Special Permit for a mini -storage facility and boat barns subject to a site plan and five (5) conditions. Mayor Neal called for comments from the audience. Mr. E.W. Kretzinger, the applicant, said he was proposing to build boat storage facilities, mini -storage facilities, and a self-service car wash. He said there has not been any development in that area for some time and there was a need especially for boat barns. In reply to Council Member Martin, Mr. Kretzinger briefly described how his business would be constructed. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member Capelo, and passed unanimously. Mr. Capelo asked if the Corpus Christi Beach Association had received notice of this case, Minutes Regular Council Meeting September 30, 1997 Page 19 and Mr. Harvey said the association itself was not notified but several condominium owners and other associations in the area were notified separately from the adjacent property owners. Mr. Capelo suggested that for any future zoning cases on North Beach, staff should send notices to the Corpus Christi Beach Association. City Secretary Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 023085 Amending the Zoning Ordinance upon application by E.W. Kretzinger, by changing the zoning map in reference to Brooklyn Addition, Block 75, Lots 1, 3, 5, 7, 9, and 11 from "AT" Apartment Tourist District to `B-1" Neighborhood Business District and granting a Special Council Permit for a mini -storage facility and boat barns subject to a site plan and five (5) conditions. 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 14, a public hearing on Central Power and Light's select time -of -use pilot tariff. Upon verification from City Attorney Bray, Council Member Martin said this involved a temporary tariff that would allow people who are interested to take advantage of it. He added that no one is required to do it, and those who do will be held harmless. Mayor Neal called for comments from the audience, and there were none. Council Member Martin made a motion to close the public hearing, seconded by Council Member Cooper, and passed unanimously (McNichols absent). City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Approving the request of Central Power and Light Company for a temporary, select time of use tariff which may be voluntary requested by certain commercial and industrial customers, which shall not result in additional costs for other customers. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Minutes Regular Council Meeting September 30, 1997 Page 20 Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 15 through 18, and Council members requested that Items 15 and 17 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: 16.a. M97-2.81 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $333,000 and execute an agreement with the National Council on Aging for the continuation of the Senior Employment Project. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. 16.b. ORDINANCE NO 023086 Ordinance appropriating $333,000 from the National Council on the Aging, Inc. for the Senior Community Service Employment Program for the 1997-1998 Program Year in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. 18. FIRST READING ORDINANCE Amending the City of Corpus Christi Code of Ordinances by amending Chapter 2, Administration, Division 12, by amending Sections 2-140 and 2-141 by changing the Corpus Christi Bay Area Minority Business Opportunity Committee Program Steering Committee Membership by revising minimum and maximum membership limits. 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 September 30, 1997 Page 21 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, Old Bayview Cemetery fencing improvements. Responding to Council Member Martin, Mr. Shackelford said this would greatly improve the existing fence. Mr. Martin asked why there was not more competition with regard to fencing projects. Mr. Shackelford replied that the bulk of this contract is in the construction of the steel pickets, and since it is not a chain -length fence, it does not attract a high level of interest. City Secretary Chapa polled the Council for their votes as follows: 15. M97-280 Motion authorizing the City Manager or his designee to execute a contract in the amount of $24,970 with Mid -Valley Pavers Installations for fencing improvements to the Old Bayview Cemetery. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, Minority Business Opportunity Committee. Council Member Gonzales said his question had actually pertained to Item 18, which was already approved. City Secretary Chapa polled the Council for their votes on Item 17 as follows: 17.a. M97-282 Motion authorizing the City Manager or his designee to accept a grant from the U.S. Department of Commerce, Minority Business Development Agency for $70,000 to carry out the Minority Business Opportunity Committee Program. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. 17.b. ORDINANCE NO. 023087 Ordinance authorizing the appropriation of $70,000 received from the U.S. Department of Commerce, Minority Business Development Agency in the No. 162 Federal/State Grants Fund to continue the Minority Business Opportunity Committee program. Minutes Regular Council Meeting September 30, 1997 Page 22 An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; McNichols absent. With regard to Item 18, Dr. Gonzales asked why the minimum and maximum membership limits of the MBOC Steering Committee were being revised. Mr. Tom Utter, Assistant City Manager for Development Services, explained that the previous requirement of a minimum of 15 members made it difficult for the committee to have a quorum, which should be resolved with the revision. * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071 regarding legal liability issues under Parks and Recreation Department Youth Programs. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings noted that he had sent the Council a memo about issuing requests for proposals on the four new major computer systems (financial management, Human Resources, Municipal Court, and fleet management). He said the advertisements would run on October 4'h and October 11'h, and RFPs would be sent to about 71 vendors, with a joint pre -proposal conference to be held on October 20th in the Council chambers. He said proposals would be received through 5 p.m. on November 10`h. He said the issue of funding those systems had not yet been resolved, although the Council had received a written report about a proposal for an equipment notes program. Mr. Hennings added that there was no Council meeting scheduled for October 7th, and on October 14`h staff would bring to the Council the proposed capital improvement plan, the public hearing on the baseball facility, and the proposed lease agreement on the Lichtenstein House. Mr. Shackelford then provided the weekly update on the Wesley Seale Dam stability analysis. He said the work is on schedule, and all of the instruments have been installed on the north spillway with the exception of the newly authorized extensometer and two shallow piezometers; laboratory samples from the north spillway are 25% complete. With regard to the south spillway, he said the instrumentation installation is 75% complete, the field collection of the soil samples is complete and the laboratory testing is 10% complete. And last week they received the inclinometer and had on-site training, with the survey monumentation to be completed by October 15th. Mayor Neal asked Mr. Hennings to include a discussion of the performance review process Minutes Regular Council Meeting September 30, 1997 Page 23 for the October 14th agenda, as well as a presentation by the Finance Department on the quarterly investment reports. Responding to a question from the Mayor, Mr. Utter said the city has drawn on the two letters of credit from Mr. Stan Samberg, developer of the factory outlet center. He said staff has been working with Mr. Samberg and they anticipate having an item on the October 14`h agenda. The Mayor then called for Council concerns and reports. Council Member Martin questioned the process involved in the issue of the major computer systems. Mr. Hennings replied that staff was ready to discuss that issue with the Council about a month ago but the Council was not ready to do so at that time. He said this is a project that has to be accomplished on a defined time line and is estimated to cost $11 million. A brief discussion ensued. Mr. Martin also asked about the status of the proposed KIII-TV station on Shoreline Boulevard. Mr. Utter replied that they intended to apply for some variances to the Building Code Board of Appeals. Council Member Capelo asked that a closed session be held on October 14th concerning airport employees. He also thanked his wife for her patience during his tenure as the Chairman of the Wesley Seale Dam Oversight Committee. Council Member Gonzales echoed Mr. Capelo's request for a closed session meeting about the airport. Council Member Garcia commented on the following issues: emergency secondary exits at apartment complexes; monthly listing of bidders on city contracts; schedule for the commercial paper program, which was briefly addressed by Mr. Jorge Garza, Assistant City Manager for Administrative Services; Council of Government meeting on the 9-1-1 charges, which Mr. Hennings and Mr. Utter briefly explained; funding balances on the Community Development Block Grant program; Center for Hispanic Arts roof; Civil Service Board appointments; and synchronization of traffic lights. Council Member Betty Jean Longoria asked about the status of the old Frost Brothers building. Mr. Utter said the developer's architects were working on that project, and they should provide a report in mid-October. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 8:35 p.m. on September 30, 1997. * * * * * * * * * *