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HomeMy WebLinkAboutMinutes City Council - 10/14/1997I 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 October 14, 1997, which were approved by the City Council on October 21, 1997. WITNESSETH MY HAND AND SEAL, this 21st day of October, 1997 /0/ 1 4/ Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 14, 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 Bishop Leo Clark, Spirit of the Lord Ministries, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Capelo. 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 30, 1997, and there being no corrections, he proclaimed them approved as presented. The Mayor then announced that the city had received a letter from the Texas State Comptroller of Public Accounts regarding the application of certain aspects of the proposed sales tax increase that will go to the voters on November 4, 1997. He said there are some conflicting opinions in the Comptroller's Office and the city is awaiting further clarification from that department. He said the main concern of the City Council regarding this issue is that they disseminate the correct information to the public, and he added that this is a very complex application of the sales tax to some of the utilities for both the one-eighth cent and three -eighth cent proposed tax increases. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 7226 Owen Court, complained about what he said was selective Minutes Regular Council Meeting October 14, 1997 Page 2 enforcement of zoning and City Code regulations, of which he cited examples. City Attorney Bray replied that staff is reviewing the ordinance and will be taking it to the Planning Commission as directed by the Council. He said it is his understanding that enforcement is being handled as usual on a complaint basis. Mr. Dee Haven, 454 Atlantic, Director of Public Affairs for the Coastal Bend Restaurant Association, said their board of directors voted to endorse the proposed sales tax increase promoted by Citizens for A Better City and to encourage all of the association members to follow suit. He also invited the Council to the 15th annual "Taste of Corpus Christi" on November 5, 1997. Ms. Rosine Runyon, 6914 Aswan Dr., thanked the Council for approving a motion at their last meeting to commit to appoint seven citizen members to the board of the Industrial Development Corporation, which will administer the Community Progress Partnership (CPP) projects. Mr. Phil Rosenstein, 949 Bobalo, referred to comments made by Council Member John Longoria during the September 30, 1997 Council meeting, regarding an article in El Corazon, a local publication, about the upcoming sales tax election. Mr. Rosenstein said Mr. Longoria had a right to his opinion but he did not have the right to call someone a "liar," and he said he would defend anyone's right to free speech and free expression. Mr. Rosenstein then made a derogatory remark about Mr. Longoria. Responding to Mr. Rosenstein's comments, Mayor Neal said the Council respects Mr. Rosenstein's First Amendment rights, but he said he would not tolerate such derogatory outbursts either in the Council Chambers or in the city. Mr. Rosenstein apologized for his last remark, and asked that the Council members not attack a newspaper. Mr. Clyde Camp, 1041 Meadow Brook, objected to the long-range plan to extend the Gateway Project further south along Shoreline Boulevard. He questioned why anyone would want to change the layout of Shoreline, and he said those funds should be expended to repair the seawall and the Wesley Seale Dam. Mr. Bob Vaught, 104 Buccaneer Dr., said there was a massive marketing campaign to promote the CPP projects which was difficult for people who opposed the sales tax increase to compete against. He said if there was a market demand for those projects, the money would be available. Mr. Jimmie Till, 1265 Southern Minerals Rd., questioned whether citizens had been allowed to comment on the Gateway Project at a previous Council meeting, and he thanked the Council members who voted against it during the September 30th meeting. Minutes Regular Council Meeting October 14, 1997 Page 3 Mr. Clayton Sapp, 1400 Ocean Dr., spoke against the Gateway Project. Ms. Nita Westervelt, 4105 Meridian Place, asked the Council to reconsider their approval of the Gateway Project, adding that she was speaking on behalf of many organizations. She said there were many other ways the funds could be spent. Ms. Kay Noyes, 930 Coral, expressed concern about changing Shoreline Boulevard, and she suggested that a new tourist attraction be considered --a large paddleboat similar to those in use on the Mississippi River. Ms. Donna Muehlberger, 738 Woodson Circle, said she was shocked to learn that the Council had approved the plan to realign a portion of Shoreline Boulevard in Phase II of the Gateway Project, and she asked what could be done to overturn the Council's initial decision. Mr. J.E. O'Brien, 4130 Pompano, commented on the application of the sales tax increase for economic development on certain utilities, as well as the rules of decorum that were adopted as part of the Council's general rules and procedures. He said a Council member's comments during the last meeting were out of line, and the Council's policy on that issue should be reviewed. Mr. R.F. Hasker, 1813 Wallace, criticized the City Council and city leaders and their decisions, including the Lake Texana pipeline, Wesley Seale Dam, seawall, and CPP. Ms. Sylvia Gulley, 4044 Magee, recognized the presence of other citizens who shared her opposition to the rerouting of the lanes of Shoreline as part of the Gateway Project. She asked the Council to postpone any action on Option 3 of the proposals until the citizens have had the opportunity to provide their input on it. Mr. Neal Trolinger, 337 Stages Dr., also commented on the Council's rules of decorum, and he said he agreed with the suggestion that the City Council have their own staff. Replying to questions raised by Ms. Muehlberger, Mr. Tom Utter, Assistant City Manager for Development Services, explained that the former Lichtenstein building downtown was purchased with funds from the Corpus Christi Community Improvement Corporation and the Corpus Christi Housing Finance Corporation. He said the building was sold and is on the city's tax rolls. Mr. Utter added that the Furman Building was never owned by the city; rather, the Corpus Christi Industrial Development Corporation issued tax-exempt industrial revenue bonds to facilitate the financing of the redevelopment of that facility. Also, the city participated in the parking garage through the use of Community Development Block Grant funds in the early 1980s. As a result, the city has the rights to a certain amount of parking there. Responding to Mayor Neal, Mr. Utter said neither one of those buildings nor the garage are off the tax rolls. Minutes Regular Council Meeting October 14, 1997 Page 4 Mayor Neal stated that one of the first issues that came before this Council following their election in April 1997 was the Gateway Project. He said they discussed it in length publicly in the Council chambers, on television, and in a series of articles in the newspaper. The Mayor pointed out that Gateway Phase II was the original proposal that was endorsed and accepted by a previous Council several years ago. He went on to say that in the discussions of the Gateway Project earlier this year, another option was brought forward from local businessman Dusty Durrill, which proposed extending the project along the length of Shoreline. The Mayor said that when it came time to evaluate the difference between the various options, the Council held an extensive public hearing lasting several hours. He said the Council shares the citizens' concerns, but he pointed out that they have had ample opportunities to express their concerns throughout the process. Mayor Neal also pointed out that the vote on Gateway Project Phase II during the September 30, 1997 Council meeting was very close (5-4), which he said demonstrated the way the public had input into the process. He said he did not know that the Council was of the mindset to reopen this issue due to the length of time that it was publicly debated as well as the process that was followed. He said the Council has moved forward with a vote to do as much as possible to enhance the beauty and utilitarian nature of Shoreline Boulevard. Council Member John Longoria added that several different organizations over the years have discussed options to enhance Shoreline. He said that Option 1 of the Gateway Project Phase II is the only plan for which funds are currently available. Council Member Martin said the plan to change an eight -block area of Shoreline was discussed by many groups, but he said there was never any discussion by any board, commission, group or the City Council of the extension of the project along Shoreline. Council Member Betty Jean Longoria said she supported Option 1 (the originally approved Gateway Project Phase II), but she said Option 3 to extend the project did not go through the same process as the original proposal. She said she would like to have more information and input concerning Option 3. Mr. Longoria said Mrs. Longoria supported the motion to extend the plan farther south along Shoreline. Council Member McNichols said that in the beginning he had misgivings about the proposal to move the lanes of Shoreline next to each other due to concerns about safety. He said he was not totally satisfied with Option 3, but felt the way the options were presented, he had to either go back on a plan that the Council had been basically supporting for years, or he had to pick that option. Dr. McNichols also pointed out that the available funds came from different organizations that support the concept of the Gateway, as well as from the sale of city land to the federal government for the new federal courthouse on Shoreline. Minutes Regular Council Meeting October 14, 1997 Page 5 Council Member Gonzales said one of the questions raised by a citizen earlier pertained to the process for reconsideration of an item. He explained that under Robert's Rules of Order, those Council members who voted in favor of the item can bring that item back for reconsideration. Council Member Garcia suggested that a presentation be made in the future about the action taken by the Council on the Gateway Project. He added that it is the Council's responsibility to make that area "user-friendly" for the entire community. Dr. Gonzales asked if reconsideration of the motion could be made at any time, and City Attorney Bray replied that it could be brought at any time during this Council meeting only; after that it would involve individual actions of implementation. * * * * * * * * * * * * * Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Board of Adjustment David Pursley Thomas McDonald (Alternate) Civil Service Board/Commission Andrew Lehrman Diana Martinez Commission on Children & Youth Electrical Advisory Board Mary Jackson Joe Hernandez * * * * * * * * * * * * * Mayor Neal opened discussion on Item H., update on youth issues and programs. Ms. Paige Dinn, Chairperson of the Commission on Children and Youth, thanked the Council for their participation during the September 29th joint meeting of the Council and the Nueces County Commissioners Court. She said the Commission on Children and Youth has developed a short list of projects that they believe can be completed in the last few months of 1997 and during 1998. During the September 29th meeting, it was mentioned that a resource guide is needed about available services for children and youth in Corpus Christi and the Coastal Bend. She said the United Way's "Info -Line" resource book is available and information about United Way services can be obtained by calling 882 -INFO. She said they have an extensive list of youth organizations. Replying to Mayor Neal, Ms. Dinn said the Commission was awaiting the outcome of the November 4th election because some of the projects on their list require funding, while others are underway and need some more coordination. She said that in 1998 the Commission would be announcing some tasks that have been completed that aid youth. The Mayor said he had met with Minutes Regular Council Meeting October 14, 1997 Page 6 representatives of the Texas A&M University System Chancellor's Office concerning community initiatives, and he had suggested that they focus on assisting the Commission on Children and Youth. Mr. Malcolm Matthews, Director of Park and Recreation, provided an update on the community youth advisory program. He announced that the Community Youth Development Committee (78415) had elected a new chairperson and vice chairperson: Norma Hernandez and Adriana Salazar. He said the committee is establishing procedures to ensure that funding that has been allocated will be monitored and evaluated. Mr. Matthews added that Corpus Christi's plans have been used as a model in other cities on how to work with the federal and state governments on youth issues. He also noted that the planning process has already begun for the summer youth programs for 1998, and he said they are proceeding with an outside evaluation of the city's afterschool programs. Responding to Council Member Gonzales, Mr. Matthews said the city and the school district have ongoing communication about how to best utilize each other's facilities, including developing activities at middle schools that would occur prior to the beginning of the school day (7:30-9 a.m.). Dr. Gonzales said he would like more information on that issue, and Mr. Hennings commented that one of the recommendations to come from the Commission on Children and Youth's master plan pertains to better use of school facilities after school hours, which he said is a policy -level project in which the Council would be involved. * * * * * * * * * * Mayor Neal called for a 10 -minute recess. * ** * * * * * * * * * * * * * Mayor Neal opened the public hearing on the proposed Texas A&M University -Corpus Christi (TAMU-CC), youth and professional baseball facilities project. Mr. Danny Noyola, Superintendent of the West Oso Independent School District, discussed several elements of the conceptual plan for the proposed baseball stadium. He said if the project is approved by voters as part of the slate of CPP projects, it would have a budget of $9 million to build a stadium capable of accommodating Double -A professional baseball, with approximately 3,500 grandstand chair seats and about 2,500 bleacher seats, as well as concession stands, field lighting, press box, ticket booths, and locker rooms. Site improvements would include parking for about 1,200 cars, grassy area for overflow parking, lighting and landscaping. In addition, the site would need to consist of about 40 acres that has access to a major arterial or major collector street which accesses Padre Island Drive; be located within the Padre Island Drive corridor between Ayers Street and Interstate 37; be within close proximity to existing utilities; and be reasonably priced. Minutes Regular Council Meeting October 14, 1997 Page 7 Mr. Noyola also discussed economic and community benefits that the stadium could provide, based on the experience of two existing baseball teams in El Paso and San Antonio. He said those cities utilize their stadiums for several non -baseball events each year. He then reviewed a diagram of six sites that have been proposed thus far, as well as a possible design for the facility. Responding to Council Member Garcia, Mr. Noyola said city staff is reviewing the six sites identified to this point to ensure that they meet the criteria. He also commented on the opinion of many citizens who are in favor of a baseball facility. Council Member Gonzales asked specifically about some of the proposed sites, and Mr. Noyola reiterated that feasibility studies will need to be conducted on the sites. He said any other possible sites should be brought to the attention of Mr. Al Jones, CPP Chairman. Mayor Neal called for comments from the audience. Mr. J.E. O'Brien said he was not opposed to a baseball stadium in general, but specifically this proposed stadium because he questioned why citizens should have to tax themselves to pay for a stadium that will be owned by TAMU-CC. Mayor Neal pointed out that the legislation for the proposed sales tax increase requires that the baseball stadium be a part of a university system; it also gives the university system the option to either operate the stadium or contract the operation to another entity. He said that should the proposal pass, there is an option for the ownership to revert to the City of Corpus Christi after 20 years. Mr. O'Brien asked about the sale of alcohol at the stadium, and Mayor Neal said that if the city operates the stadium then alcoholic beverages will be able to be served on the premises. In addition, the university will pay their own operating expenses when they use the facility. Mr. David Noyola pointed out that early voting for the November 4th election starts on October 20th, and he said he would like to know the definite location of the stadium before he votes. Mayor Neal said they will accept the recommendations of the committee with regard to the site as soon as they are brought to the Council. Ms. Joanne Underwood questioned the need for the proposed baseball stadium, saying that the Barracudas minor league team failed to attract sufficient fans to their games. Mr. Danny Noyola replied that baseball has been very important to this city, and he is optimistic that Corpus Christi will be able to attract a Double -A Texas League affiliate, similar to the San Antonio Missions, if the stadium is approved. He also commented on the benefits of locating the stadium on the west side. Council Member John Longoria said the purpose of the stadium is to help develop collegiate baseball in this city, as well as provide championship fields for Little League teams. It will also serve as a large special -events venue. Minutes Regular Council Meeting October 14, 1997 Page 8 Council Member McNichols said the purpose of the city and the university joining together in this venture is to provide the best possible quality facility that can be built so that baseball throughout the region can be enhanced. Mr. Jimmie Till asked if the field would be designed to accommodate football as well, and Mr. Noyola said it was possible. Mr. Longoria said the stadium was primarily being built for baseball use. Dr. Gonzales said the stadium would offer many opportunities for children and it is a way of building for their future. Council Member Garcia echoed his comments. Mr. Gaston Broyles, 1010 Luxor Dr., said he has been a supporter of baseball in Corpus Christi for quite some time and he is in favor of this stadium. Referring to a previous speaker's comments, he explained that one of the difficulties that occurred with the Texas -Louisiana League Barracudas is that it was an unaffiliated team playing in a high school stadium without ample amenities. He pointed out that the proposed stadium will be dramatically different from Cabanis Field as it will be a state -of -the art facility, and he said that if professional baseball is properly marketed in Corpus Christi, it can succeed. Mr. Mark Patterson said he is one of the co-founders of Baseballers United for a New Team (BUNT), which originally proposed the baseball stadium project to the CPP Committee. He said that during the Barracuda's first season in Corpus Christi in 1994, they averaged 2,300 people a game in 42 games, which was also the year that major league baseball went on strike. He said that he was confident baseball will flourish here if given the opportunity. Mr. Martin made a motion to close the public hearing, seconded by Mr. Longoria, and passed unanimously. * * * * * * * * * * * * * Mayor Neal opened the public hearing on Item 4, designation of a Texas State Enterprise Zone. City Manager Hennings explained that the enterprise zone, which is created by state law, provides an inducement to businesses to hire people who are disadvantaged or who live in areas that suffer from a higher than normal unemployment rate. He pointed out that it does not involve any local tax abatements or advantages from the city government, although the city government is the implementing vehicle. He said the city's enterprise zone has been very successful, and includes such projects as the Greyhound Racetrack, First Data Corporation, Coastal Refinery, CITGO Refinery, Trinity Towers, Sitel Corporation, and APAC Corporation. Mr. Utter briefly described three small changes in the zone's geographic boundaries that staff was recommending, as well as state tax Minutes Regular Council Meeting October 14, 1997 Page 9 incentives that are offered. Responding to Council Member Gonzales, Mr. Utter said that employers in the enterprise zone have to provide to the Office of the State Comptroller certified rolls in order to receive their rebate of the state sales tax. Mayor Neal called for comments from the audience, and there were none. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously (J. Longoria abstaining; Capelo absent). Dr. Gonzales asked about the possibility of increasing the state requirement with regard to employment, and Mr. Hennings said they could ask the Greater Corpus Christi Business Alliance to review that situation and report to the Council. City Secretary Chapa polled the Council for their votes as follows: 4. ORDINANCE NO. 023089 Ordinance establishing the boundaries of the 1997 Corpus Christi Enterprise Zone and authorizing the filing of an enterprise zone application with the Texas Department of Economic Development. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria abstaining; Capelo absent. ************ * Mayor Neal opened the public hearing on the following zoning case: 5. 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. (Tabled from 9-30-97) City Secretary Chapa said the Planning Commission recommended denial and, based on the new information received, staff recommended that this case be referred back to the Planning Commission for reconsideration. 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 Betty Jean Longoria, and passed unanimously (Capelo and J. Longoria absent). Minutes Regular Council Meeting October 14, 1997 Page 10 Responding to Mr. Martin, Mr. Brandol Harvey, Director of Planning and Development, said that on September 30, 1997, the Council directed staff to work with the applicant to utilize the administrative process. He said the applicant informed staff that he had discussed the issue with his bank; however, he has not yet submitted a letter of credit. Mr. Martin said he thought the Council should deny the applicant's request to waive the standard screening fence requirement for two reasons: because the situation can possibly be resolved through the administrative process; and because the Council would later that day be considering two other zoning cases in which screening would be required. Mr. Martin then made the following motion, for which City Secretary Chapa polled the Council for their votes: 5. M97-283 Motion to deny the applicant's request to waive the standard screening fence requirement. The foregoing motion passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 6. Case No. 997-1, Law Office of Melody Cooper: A change of zoning from an "R-2" Multiple Dwelling District to an "AB" Professional Office District on Rest Haven Addition, Block 6, Lot 1, located on the northwest corner of Rosebud Avenue and Santa Fe Street. City Secretary Chapa said the Planning Commission and staff recommended approval. He said Council Member Cooper had filed an affidavit stating that she would abstain from discussing or voting on this issue. 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 (Cooper abstaining). City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 023090 Ordinance amending the Zoning Ordinance upon application by Law Office of Melody Minutes Regular Council Meeting October 14, 1997 Page 11 Cooper, by changing the zoning map in reference to Rest Haven Addition, Block 6, Lot 1 from "R-2" Multiple Dwelling District to "AB" Professional Office District. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper abstaining. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 7. Case No. 997-4 Freedom Homes: A change of zoning from an "R -1B" One -family Dwelling District to an "R -1C" One -family Dwelling District on Bel Air Estates Unit 2, Block 3, Lots 2 through 16, located on the north side of Kaipo Drive, approximately 65 feet west of Waldron Road. City Secretary Chapa said the Planning Commission and staff recommended approval. Mr. Freddy Seaquest, 15358 Sabor St., owner of Freedom Homes, said he was available to answer any questions on the project. Council Member McNichols asked if the drainage system was adequate to handle the density requested per acre. Mr. Harvey said that after reviewing the situation, the Engineering Department has concluded that all infrastructure is capable of supporting this proposed increased density. Council Member Gonzales made a motion to close the public hearing, seconded by Council Member Betty Jean Longoria, and passed unanimously (Cooper absent). City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 023091 Amending the Zoning Ordinance upon application by Freedom Homes, by changing the zoning map in reference to Bel Air Estates Unit 2, Block 3, Lots 2 through 16 from "R -1B" One -Family Dwelling District to "R -1C" One -Family Dwelling District. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Minutes Regular Council Meeting October 14, 1997 Page 12 Mayor Neal opened the public hearing on the following zoning case: 8. Case No. 997-5 Bob Lacy Sr.: A change of zoning from an "F -R" Farm -Rural District to a "B-4" General Business District on 9.011 acres out of 267.63 acres out of the Gregorio Farias Grant A-592, located on the east side of U. S. Highway 77, approximately 900 feet south of Brookhaven Drive. 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 Garcia, and passed unanimously (Cooper absent). Council Member Martin asked if the subject property was platted, and Mr. Harvey said it is in the process of being platted. A brief discussion ensued about the platting requirements. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 023092 Amending the Zoning Ordinance upon application by Bob Lacy, Sr., by changing the zoning map in reference to 9.011 acres out of 267.63 acres out of the Gregorio Farias Grant A-592 from "F -R" Farm -Rural District to `B-4" General Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 9. Case No. 997-6. First American Closing Office: A change of zoning from an "R -1B" One - family Dwelling District to a "B-1" Neighborhood Business District on Gardendale Unit 1, Block 8, Lot 19, located on the north side of Holly Road, approximately 500 feet west of Betty Jean Drive. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Council Member Martin made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously Minutes Regular Council Meeting October 14, 1997 Page 13 (Cooper absent). City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 023093 Amending the Zoning Ordinance upon application by First American Closing Office, by changing the zoning map in reference to Gardendale Unit 1, Block 8, Lot 19 from "R -1B" One -Family Dwelling District to "B-1" Neighborhood Business District. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, Gateway Project. Mr. Utter explained that Item 10.a. would direct staff to move forward with the area of the Gateway Project located between Mesquite Street and Shoreline Boulevard, which involves the landscaping portion of IH -37. He said Item 10.b. would allow staff to move forward with the design of the 8 -block area of the project on Shoreline from Peoples Street to Palo Alto Street. He said if those items are approved, staff will proceed with developing requests for proposals for the seawall engineering study. Mayor Neal asked if a request for proposals would be developed for Gateway Phase I, Contract 2 (IH -37 landscaping portion). Mr. Utter replied that a consulting group, headed by Goldston Engineering, had been hired in April 1996 for a fee not to exceed $368,750. Upon verification by Mr. Hennings, Mayor Neal said that Item 10.a. would approve the expenditure of $65,000 just for the design of Phase I, Contract 2. In response to Council Member Martin, Mr. R.H. Shackelford, Director of Engineering Services, explained that Phase II of the Gateway Project, which involves the Shoreline Boulevard portion, consists of two contracts: one for the relocation of the northbound lanes of Shoreline, and the other for the construction and landscaping of the Gateway Park itself along the bayfront. Mr. Martin questioned various design elements of the plan, and Mr. Utter pointed out that some of the design would have to be altered since $355,000 would be needed to pay for the study on the seawall. A discussion ensued. Replying to questions from Council Member Garcia, Mr. Hennings said the issue before the Council is to authorize staff to instruct the consultant to proceed with the design work for which they have already entered into a contract. Minutes Regular Council Meeting October 14, 1997 Page 14 Mr. Martin asked if the consultant would be directed to design to a particular budget, and Mr. Hennings said he would be. Mr. Martin also asked if the consultant's contract was based on a percentage, and Mr. Utter said it was not. Another discussion followed on how the contract will be scaled back to account for a lower amount of funding. Mayor Neal called for comments from the audience. Ms. Sylvia Gulley agreed that the original Gateway Project Phase II that was approved by a previous Council (now known as Option 1) had been discussed, but she said many people were surprised when this Council approved Option 3 as well on September 30th. She said that in order to diffuse some of the opposition, one of the Council members who originally voted in favor of this item could bring it back for reconsideration and reverse his or her vote in order to just approve Option 1 and not Option 3. She said there are many things going against the Council now and this was not the time to support such a controversial issue. Mr. Jimmie Till said he was not opposed to Item 10.a., but he was opposed to Item 10.b. and had been voicing his concerns for some time. He also questioned aspects of the plan, such as parking and funding. He added that he thought the Council was misleading the public. In reply to Council Members McNichols and Betty Jean Longoria, Mr. Utter described the relationship between the site of the new federal courthouse and the development of the Gateway Project, as well as the process of discussions that were held on the Gateway Project. Mr. Martin asked what part of the project involves the intersection of Shoreline and IH -37, and Mr. Hennings said that was included in Phase II that relocates the traffic lanes. Dr. McNichols asked how the design work might be affected if the Council decided to consider some parking options. Mr. Hennings replied that he thought the Council should implement the decision they made during the last meeting, and if they wished, they could direct staff to pursue parking options with the consultant and come back with recommendations at a later date. City Secretary Chapa polled the Council for their votes as follows: 10.a. M97-284 Motion directing the City Manager or his designee to issue a notice to proceed for engineering services for the Gateway Project Phase I, Contract 2 (IH -37 landscaping). The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting October 14, 1997 Page 15 10.b. M97-285 Motion directing the City Manager or his designee to issue a notice to proceed for engineering services for the Gateway Project Phase II Contract (engineering and landscaping design for the 8 -block Shoreline Boulevard area running from Peoples Street on the south to Palo Alto on the north.) 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." Mr. Longoria made a motion to direct staff to come to the City Council for confirmation before any further planning is done on Option 3 of the Gateway Project. The motion was seconded by Mrs. Longoria, and it passed unanimously on a voice vote. Dr. McNichols asked about the availability of parking, which Mr. Utter briefly described. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, conversion of overhead electrical lines. He then called for comments from the audience, and there were none. Council Member Martin asked about the funding for this project, and Mr. Hennings pointed out that the funds were included in Phase I of the Gateway Project. City Secretary Chapa polled the Council for their votes as follows: 11. M97-286 Motion authorizing the City Manager or his designee to execute an agreement with Central Power & Light Company for the removal of existing overhead electrical lines crossing Interstate 37 and the new federal courthouse site, from a point north of Mann Street to a point south of Power Street, and conversion of the same electrical distribution to underground, associated with and at a cost to the Gateway Phase I Project not to exceed $49,600. 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 12, lease of Lichtenstein House. Minutes Regular Council Meeting October 14, 1997 Page 16 Council Member Gonzales made a motion to amend Item 12 to award the lease to the Instituto de Cultura Hispanica, rather than the Greater Corpus Christi Business Alliance. The motion was seconded by Council Member Garcia. Mayor Neal called for comments from the audience. Ms. Dora Garza, representing the Instituto, thanked the Council for considering them as a tenant in the Lichtenstein House. Mr. Garcia asked if that organization would also have office space at that location, and Ms. Garza said they would. City Secretary Chapa polled the Council for their votes on the motion to amend, and it passed unanimously. Council Member Martin said he thought it would be beneficial to have the Business Alliance Visitor Information Center located in Heritage Park, and he made a motion to direct staff to develop that concept. The motion was seconded and it passed unanimously. Mr. Chapa polled the Council for their votes on Item 12 as follows: 12. M97-287 Motion authorizing the City Manager or his designee to negotiate lease agreements with the Instituto de Cultura Hispanica for the Lichtenstein House in Heritage Park. The foregoing motion passed, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, emergency secondary access. He called for comments from the audience, and there were none. Council Member Martin said he did not object to the Planning Commission reviewing this issue and holding public hearings on it, but he questioned the wording in the motion that the Planning Commission "consider and recommend amendments..." Mr. Hennings said they could remove the words "and recommend" from Item 13. Mr. Martin made a motion to amend Item 13 to delete the words "and recommend" so that the item would read, in part, that "the Planning Commission consider possible amendments to the zoning ordinance"; the motion was seconded by Council Member McNichols, and passed unanimously (Gonzales and B. Longoria absent). Minutes Regular Council Meeting October 14, 1997 Page 17 City Secretary Chapa polled the Council for their votes as follows: 13. M97-288 Motion requesting the Planning Commission consider possible amendments to the zoning ordinance and other ordinances to require emergency secondary access for apartment complexes and other large residential and commercial development. The foregoing motion passed, as amended, by the following vote: Capelo, Cooper, Garcia, J. Longoria, Martin, McNichols. and Neal voting "Aye"; Gonzales and B. Longoria absent. ************* Mayor Neal opened discussion on Item 14, Corpus Christi outlet stores project. He then called for comments from the audience. Mr Jimmie Till did not approach the podium when he questioned a particular aspect of the proposed leases, and the Mayor said he thought Council Member Martin had the same question. City Manager Hennings said these proposed agreements are essentially the same agreements that had been in effect but had expired, with the exception that the letters of credit that were in the prior agreement are not required in this new one. He said the Council asked that staff view valid, signed leases for space in the outlet center, which they have done. Responding to Mr. Martin, City Attorney Bray said there are two leases that are currently valid. Originally there were six signed leases comprising about 24,000 square feet, but four of those leases expired; however, staff has been told that requests for extensions have been made and the developer is awaiting those extensions. Mr. Martin noted that a date had been left blank on page 196 of the agenda book under the heading of Brooks' and Trust's Obligations. Mr. Utter said the date would be October 14, 1997. City Secretary Chapa polled the Council for their votes as follows: 14.a. M97-289 Motion authorizing the City Manager or his designee to execute the 1997 Infrastructure Agreement with Samberg/Corpus Christi, Inc. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper voting "No." Minutes Regular Council Meeting October 14, 1997 Page 18 14.b. M97-290 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Garnett T. Brooks and Patsy A. Brooks. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper voting "No." 14.c. M97-291 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with the Brooks 1994 Family Trust. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper voting "No." Mr. Till approached the podium and said he had additional questions and comments which he wished to make. He said he was very familiar with the land in question, and he thought it was not an appropriate site for the development being proposed. Mr. Till asked what the city was spending for the utilities and the reversal of the highway ramps, and Mr. Utter said it was about $980,000; he added that a portion of the utilities will also serve the municipal golf course there. Mr. Till further expressed concern about the property's worth and the possibility of flooding there. Mayor Neal called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, South Texas Military Facilities Task Force. Responding to Council Member Capelo, Mr. Gary Bushell, Executive Vice President of the Greater Corpus Christi Business Alliance, explained that the task force's budget for FY 1997-98 is $60,000, with four entities contributing $15,000 each: City of Corpus Christi, Business Alliance, Nueces County, and Port of Corpus Christi Authority. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 15. M97-292 Motion authorizing the City Manager or his designee to execute an agreement with the South Texas Military Facilities Task Force in the amount of $15,000 for continued services to Minutes Regular Council Meeting October 14, 1997 Page 19 promote and preserve the City's interest in military base closure and realignment considerations. 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 16, lease contract with David and Monika Page. He then called for comments from the audience, and there were none. Responding to Council Member Martin, Mr. Hennings said the encroachment into the right- of-way in this situation occurred years ago. Mr. Martin asked why the lease had a 60 -year term. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, replied that it was the maximum term of the lease that could be approved. Mr. Martin then asked if the easement would go away if the building is torn down, and Mr. Crull replied that it would. City Secretary Chapa polled the Council for their votes as follows: 16. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a sixty -year Lease with David and Monika Page for the occupancy of 1,498 -square feet of the existing North Tancahua Street Right -of -Way adjacent to the west boundary line of Lots 4, 5, and 6, Block 29, Beach Portion to repair and maintain a permanent building structure, five air-conditioning units with concrete pads, hurricane fence, and electrical meter box in consideration of 5411 as payment for the first five-year lease increment. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 17 through 31, and Council members requested that Items 18, 19, 20, 21, and 30 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: Minutes Regular Council Meeting October 14, 1997 Page 20 17. M97-293 Motion approving a supply agreement with AnalySys, Inc., Corpus Christi, Texas for groundwater monitoring analysis for J.C. Elliott Landfill in accordance with Bid Invitation No. BI -0008-98 based on low bid for an estimated annual expenditure of $33,872. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Solid Waste Services in FY 97-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22. M97-295 Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey, U.S. Department of the Interior, for the continuation of surface water data collection and limited studies by the United States Geological Survey for the City's water supply activity; and providing for the City to pay the United States Geological Survey the amount of $86,220, out of a total project cost of $122,480 during the federal fiscal year October I, 1997 through 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." 23.a. M97-296 Motion approving the reimbursement application submitted by Shell Development Joint Venture, developer of Barclay Grove Unit 3A, for the installation of 567 linear feet of a 12 - inch PVC water grid main upon final acceptance of the improvements. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 23.b. ORDINANCE NO. 023094 Ordinance appropriating $17,792 from the No. 143 Water Arterial Transmission and Grid Main Trust Fund to pay Shell Development Joint Venture's Developer reimbursement request for installing 567 linear feet of 12 -inch water grid main lines to develop Barclay Grove Unit 3A. An emergency was declared and the foregoing ordinance passed by the following vote: Minutes Regular Council Meeting October 14, 1997 Page 21 Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 23.c. M97-297 Motion approving the reimbursement application submitted by Shell Development Joint Venture, developer of Barclay Grove Unit 3A, for the oversizing of a sanitary sewer collection line upon final acceptance of the improvements. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 23.d. ORDINANCE NO. 023095 Ordinance appropriating $4,901 from the No. 145 Sanitary Sewer Collection Line Trust Fund to pay Shell Development Joint Venture's Developer reimbursement request for installing oversized sanitary sewer lines to develop Barclay Grove Unit 3A. 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.e. ORDINANCE NO. 023096 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Shell Development Joint Venture for payment in an amount not to exceed $14,598.18 for pavement section improvements to Lipes Boulevard in accordance with the Platting Ordinance. 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." 24. M97-298 Motion authorizing the City Manager or his designee to execute a contract in the amount of $40,540 with Malek, Inc. for replacement of the condenser coils at the Central Public Library. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting October 14, 1997 Page 22 25. M97-299 Motion granting a six-month extension for a Special Permit granted to Rulings Realty, Ltd. for a parking area associated with the adjacent auto dealership (Zoning Case No. 996-1) on October 8, 1996. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 26. M97-300 Motion approving Emergency Shelter Grant Program Agreements with the following agencies: Corpus Christi Metro Ministries, Inc. - $60,000, Hope House - $10,000, Dos Mundos Day Care School - $33,000, Gulf Coast Council of La Raza - $18,000, HIV/AIDS d.b.a. The Passage -$2,000, Women's Shelter - $10,000; and authorizing the City Manager to execute agreements with these organizations. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 27.a. M97-301 Motion authorizing the City Manager or his designee to accept a grant in the amount of $31,277 from the State of Texas, Office of the Governor, Criminal Justice Division for the continued operation of the Crime Analysis Unit and to execute all related documents. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 27.b. ORDINANCE NO. 023097 Ordinance appropriating $31,277 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 162 Federal/State Grant Fund for the continued operation of the Crime Analysis Unit; transferring $20,451 from the No. 102 General Fund and appropriating in the No. 162 Federal/State Grants Fund as the City match for the continued operation of the Crime Analysis Unit. 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." Minutes Regular Council Meeting October 14, 1997 Page 23 28. ORDINANCE NO. 023098 Ordinance transferring $440,852 from the No. 102 General Fund to the No. 162 Federal/State Grants Fund; appropriating $440,852 as matching funds for the continuation of the COPS AHEAD grant program 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, McNichols, and Neal voting "Aye." 29. ORDINANCE NO. 023099 Approving the request of Central Power and Light Company for a temporary, select time of use tariff which may be voluntarily requested by certain commercial and industrial customers, which shall not result in additional costs for other customers. 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." 31. ORDINANCE NO. 023100 Amending Ordinance No. 021859 to amend a lease agreement between the City and the Nueces County Hospital District (Memorial Medical Center) for the Northside Medical Center located at Martin Luther King Drive and Sam Rankin Street, such amendment authorizing the City Manager to execute two renewal options to extend such lease agreement and authorizing the Nueces County Hospital District to sublease the Northside Medical Center to Spohn Health System Corporation to provide preventative care and health services primarily to low and moderate income persons. 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." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, purchase of winter seed for golf courses. In reply to Council Member Martin, Mr. Matthews said that last year winter seed was applied to the Oso Golf Course and since it was so successful, the same process will be applied to both municipal golf courses this year. Mr. Martin also asked Mr. Matthews to reply to a letter from a citizen regarding the fee increases. Minutes Regular Council Meeting October 14, 1997 Page 24 City Secretary Chapa polled the Council for their votes as follows: 18. M97-294 Motion approving the purchase of winter seed for golf courses from Turf Industries, Houston, TX, for approximately 5,500 pounds of seed for greens and 20,675 pounds of seed for tees and fairways, in accordance with Bid Invitation No. BI -0005-98, based on total low bid for total of $22,409.75. Funds have been budgeted by Park & Recreation in FY97-98. 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 19, supply agreement for security service. Council Member Capelo asked several questions about the bidding process for this item. Mr. F.D. Glenn, Purchasing Agent, said the company with the low bid, Murray Guard Inc., has a local office but their billing address is in Tennessee. He said staff sent bid invitations to companies which are known to provide this service; in addition, it was advertised in the newspaper. He said the company which currently has the contract, Stanley Smith Security Inc., was sent a bid invitation but they did not submit a bid for this contract. Mr. Capelo asked if Mr. Glenn had the list of 12 bid invitations that were issued, and Mr. Glenn said he could provide it. Mayor Neal said he anticipated more questions from the Council members on the bidding process, and he asked staff to bring more detailed information to the Council meetings in order to be prepared to discuss these issues. Mr. Hennings said he would withdraw this item and bring it back next week. Responding to other Council members' questions, Mr. Glenn reiterated that Murray Guard has a local working office. Mr. Capelo discussed the need for improvement in the security services, such as enhanced outside security at the Central Library, which should be spelled out in the contract. Council Member Gonzales commented on an incident at the Bayfront Plaza Convention Center involving a person's car that was broken into. Council Member Garcia requested information on the training that the security personnel receive. Council Member John Longoria pointed out that the Council has approved several other contracts in the past in which a company has a local office but the headquarters are located in another city. Mr. Hennings said they need to balance the city's need for security services with its ability to pay for the service. A brief discussion ensued, and Mr. Capelo commented that he felt the service needed to be improved, while not necessarily increasing the number of security personnel that are Minutes Regular Council Meeting October 14, 1997 Page 25 utilized. Dr. Gonzales said he would like to accompany staff to the convention center to review the security work that is performed there. 19. WITHDRAWN uniformed guard security service for City Hall, thc Central Library and the O.N. Stevens * * * * * * * * * * * * * Mayor Neal opened discussion on Items 20 and 21, storage tanks. Responding to Council Member Capelo, Mr. Shackelford explained that these items utilized the request for proposal process, with one contract for elevated storage tanks and the other for ground -level storage tanks. Mr. Capelo asked if the two firms being recommended had submitted proposals for both contracts, and Mr. Shackelford said he would provide that information. Mr. Hennings said he would withdraw this item and bring it back to the Council later. Council Member Garcia asked if there was a requirement for minority representation on these contracts, and Mr. Shackelford said there was not on professional services contracts, in terms of percentages of minority participation. 20.a. WITHDRAWN O.d:.rm.ee appropriating $419,400 fret. thc Combined Utility Systems Unreserved Fund 20.b. WITHDRAWN Minutes Regular Council Meeting October 14, 1997 Page 26 20.c. WITHDRAWN Inspeeti„n and Rchabilitatieir-project. 21.a. WITHDRAWN Baialee, amending O.di..auec No. 022993, which adept.,t1 the I'Y 1997 98 Budget, by 21.b. WITHDRAWN 21.c. WITHDRAWN I.tspeetie„ a..d-Rehabilitatiei. preje.,t. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 30, Minority Business Opportunity Committee. Council Member Garcia asked what constitutes a "major employer" in the membership guidelines. City Manager Hennings said he was not sure and he would withdraw that item and bring it back to the Council next week with the information. 30. WITHDRAWN A,,,endins th,, City of Corpus Christi Cede of Orditrai.ees by an.ending Clraptet 2, Met.,bership-by-rewisn.g minn..um arid i..axi.nnt., n.etnbership limits. Minutes Regular Council Meeting October 14, 1997 Page 27 * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071, regarding the following: airport employee claims; and collective bargaining with the Corpus Christi Firefighters Association. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings said that Dr. Ron Waters of Freese & Nichols Inc. would provide an update on the Wesley Seale Dam stability analysis. Dr. Waters said the purpose of the stability analysis was three -fold: to measure the movements of the spillways; to measure the uplift under the foundations of the spillways; and to measure the engineering properties of the spillway foundations. Using diagrams of the dam, Dr. Waters described the measurement equipment that has been installed and the results thus far. He said they have found that the uplift under the north spillway is minimal, and is about as good as could be expected for a dam of this size. He said the uplift in the south spillway is between optimistic and moderate, which is still a good condition. With regard to the engineering properties of the foundation materials under the spillway, Dr. Waters said the friction angle is not much different from what was observed in May, while the cohesion is somewhat lower. He said the tests confirm their conclusion in May that the dam has low factors of safety from sliding, while the factors of safety regarding the uplift are slightly better, which offset each other. He said that when the weakest link is identified, the type of corrective action needed can be determined. Responding to Council Member Martin, Dr. Waters said either one of the factors identified are correctable in the dam. Council Member Capelo asked if Freese & Nichols was still recommending that the lake level be maintained at 91 feet. Dr. Waters said city staff and Freese & Nichols personnel studied that issue and determined that it should be maintained at that level. In reply to Council Member Gonzales, Dr. Waters said the preliminary estimate is that the safety factor for both the north and south spillways is 1.2 at elevation 91. Mr. Hennings said the next item was a presentation on the quarterly investment report. The Council asked, due to the late hour, if the remaining items on the agenda could be postponed until next week. Mayor Neal added that it would be beneficial to give those presentations at the beginning of the next Council meeting since they involve important topics. Minutes Regular Council Meeting October 14, 1997 Page 28 Mr. Hennings said he thought the report about the recent four-day rain event should be given at this meeting since it was so pertinent. Mr. Crull described in detail the flooding and related effects of the heavy rain throughout the city and surrounding areas. He said within the city the rainfall levels ranged from 18 inches downtown to 24 inches on the southside, with the intensity as high as 4.5 inches falling in two hours. He said that can be compared with Hurricane Beulah in 1967 when there were reports of 30 inches of rainfall. As a result, the capacity of the city's storm water system was exceeded, and he discussed problems that occurred in different parts of the city, as well as city staff s response to the situation. Mr. Martin suggested that staff provide a report about the amount of water that was treated at the wastewater treatment plant, which would provide information on infiltration. Mr. Crull said several incidents related to the flooding will need to be reported to the Texas Natural Resource Conservation Commission. He also commented on lower anticipated mosquito activity and a prevalence of potholes and high weeds around the city that were exacerbated by the heavy rains. Mr. Hennings said he appreciated the efforts of many city employees who worked long hours during that time. Council Member Betty Jean Longoria noted that some of the areas that experienced heavy flooding are included in the 1997-2001 capital improvement program, and she asked if the schedule for any of those projects would be accelerated since they have been identified as problem areas. Mr. Crull replied that those projects would have to be prioritized in light of the overall utility program which consists of water, wastewater and storm water programs. Mr. Hennings said staff would review the CIP against the experiences over the last few days. Mr. Hennings added that last week he had sent the Council a draft memorandum about the recommendations from the Mary Rhodes Memorial Committee, and he said he plans to place that item on the agenda for next week. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 9:10 p.m. on October 14, 1997. *************