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HomeMy WebLinkAboutMinutes City Council - 11/18/1997I 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 November 18, 1997, which were approved by the City Council on November 18, 1997. WITNESSETH MY HAND AND SEAL, this 25th day of November, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 18, 1997 2:00 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Alex L. Garcia Jr. Council Members: Jaime L. Capelo Jr. Melody Cooper 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. Ned F. Bowersox, Church of the Good Shepherd, following which the Pledge of Allegiance to the flag of the United States was led by Council Member McNichols. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the Council meetings of November 10 and November 11, 1997, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. James Sierman, 417 Scotland St., said there was a problem with drainage in Flour Bluff, which he said was caused by clogged culverts. He said this problem has been ongoing for several years, and it was the third time he had appeared before the City Council with that concern. Mr. Phil Rosenstein quoted comments made by Council Member Gonzales during the October 28, 1997 meeting concerning possibly eliminating the sales tax on utilities. Mr. Rosenstein said he agreed with Dr. Gonzales about that issue. Ms. Debbie Kucera, 527 Vaky, expressed concern about the lack of street sweeping on many city streets, in particular Old Robstown Road. She said the Council should ensure that basic needs Minutes Regular Council Meeting November 18, 1997 Page 2 are met, including clean streets and clean culverts. Council Member Betty Jean Longoria thanked Ms. Kucera for coming before the Council and she pointed out that "basic services" means different things to different people --in Ms. Kucera's case it means clean streets. City Manager Hennings explained that the city has a street -cleaning contract for the major arterial streets and the downtown area; however, there is not a schedule of service for residential streets and some of the lesser -used arterial streets. He said if there is a particular problem it is addressed on a complaint basis. Responding to Mayor Neal, Mr. Hennings said the city does not own any street sweepers but contracts for that service with a company. He added that he thought the contract cost about $130,000 per year. Council Member John Longoria said that contract had come before the previous City Council and he asked staff to provide that information to this Council. Mr. J.E. O'Brien, 4130 Pompano, said the minutes that were just adopted by the Council of the special meeting held at 12:00 on November 11, 1997 stated that Mayor Neal called the meeting to order at noon. However, he said he thought that meeting was called to order by City Manager Hennings, and there was not a quorum of the Council present. When questioned, City Attorney Bray had stated that a quorum was not necessary; when the Mayor arrived at that meeting at 12:08 p.m. there was a quorum. In addition, Mr. O'Brien said that the minutes of the regular Council meeting of November 11, 1997 were accurate regarding his comments about the City Charter and the Lake Texana contract, with one exception. At the conclusion of Mr. O'Brien's remarks at that meeting, Mr. Bray had stated that the courts had validated all aspects of that contract. But Mr. O'Brien said one phrase was left out of the minutes: namely, that he had already stated that the courts had validated the contract. He said someone looking back on those minutes might think he did not know what he was talking about. He also suggested that the Council consider having their presentations during a workshop meeting rather than during a Council meeting. Mayor Neal asked Mr. Bray and City Secretary Chapa to respond to some of Mr. O'Brien's comments. Mr. Bray said the question during the special meeting was whether, in the absence of a quorum, the Council members who were there could go ahead and listen to the presentation. He said there is nothing that would prevent less than a quorum of the City Council from listening to a presentation; in fact, it would not even require an open meetings posting. Mr. Chapa said that as noted by Mr. Bray, there was not a requirement to take minutes during the presentations to the Council on November 1 lth--it was done for the Council's benefit. He said there was a mistake made in that the Mayor was not present when the presentations began at noon that day and the meeting was started without him. Mr. Chapa said the minutes could be corrected if the Council wished. Mayor Neal said he thought the minutes should be corrected, and he asked if a motion would be needed to do that even though it was not an official meeting. Mr. Bray said he thought they should take that action through a motion. Council Member Gonzales made a motion to correct the minutes as discussed, seconded by Council Member Betty Jean Longoria, and passed unanimously. Minutes Regular Council Meeting November 18, 1997 Page 3 Mr. Charles Nichols, 1547 Lea Lane, said that since City Manager Hennings had recently announced his resignation and it was still early in the process of selecting his successor, he asked the Council to consider a study of changing to a Mayor -Council form of' government. He said an attempt to do that was narrowly defeated in 1971. Mr. Nichols also said he thought the recent tax election was resoundingly defeated because people do not feel they are in contact with the city's bureaucratic leaders; he added that the Council does not receive all the information they need with which to make their decisions. Mayor Neal pointed out that while one part of the election was defeated another part passed --the crime control district. Mr. Leon Perez, 904 Buford, said he could not determine the exact location of the new federal courthouse or the building materials that will be used, although he said he did know it will have a red roof. He said in his travels he has never seen a courthouse with a red roof. Mayor Neal pointed out that the Council had been given a formal presentation by the architects on the construction of the new courthouse, and he said he thought they would be happy to share with Mr. Perez their plans for that facility. He added that the courthouse is not being built by the city. Mr. Neal Trolinger, 337 Stages Dr., said that one of the items on the day's agenda was a presentation by the Greater Corpus Christi Business Alliance, and he said he was hoping to see a copy of their budget as required in their consulting services agreement. He said that several months ago he filed more than one request with the city government regarding the bid documents on the Lake Texana pipeline. He said there seemed to be some confusion as to who is responsible for those documents, and he said he had filed another request on November 18th. He said he is asking that the city request of its contractors that the city be provided with those documents so that he can view them on city property, which he said he had a right to under the Open Records Act. Mr. Trolinger also said he understood there is a movement to privatize the land around Lake Texana for real estate development, and that would be of interest to Corpus Christi residents and the Council. He said the Corpus Christi Taxpayers Association has begun a letter -writing campaign in order to hold "scoping" meetings in Corpus Christi. He distributed letters to the Council and asked them to fill out their names and send the letters to the Bureau of Reclamation Regional Office in Austin. Mayor Neal asked Mr. Bray to comment on Mr. Trolinger's remarks about the Lake Texana pipeline documents. Mr. Bray said city staff has previously responded to Mr. Trolinger that those documents are not city documents but rather the Port's. He said Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, has produced all the documents the city has, and any new requests will be responded to in accordance with the Open Records Act. * * * * * * * * * * * * * City Manager Hennings said the next item on the agenda was presentations (Item H.), and the first presentation was of an award of Financial Reporting Achievement to the City of Corpus Christi. Mr. Jorge Cruz-Aedo, Director of Finance, said this award is the highest form of recognition Minutes Regular Council Meeting November 18, 1997 Page 4 that any municipal or local government can receive in the United States and Canada, and only about 10% of the jurisdictions receive it. He said city staff extends much effort to ensure that the financial reports are accurate and clearly reflective of the city's financial situation. Mayor Neal said that during the recent meetings in New York with the bond rating agencies about the commercial paper program, comments were made about the quality presentation given by the city's Finance Department. Mr. Cruz-Aedo recognized the Finance Department staff members who were present. The next presentation was the Texas Peace Officer of the Year Award. Police Chief Alvarez said this prestigious award is given to one police officer in the state who has proven himself in the field or through an extraordinary achievement. He said Corpus Christi Police Capt. Mark Schauer received the award for his efforts in promoting community policing in this city. Chief Alvarez noted that the city is preparing to implement such a program as a result of the passage of the crime control district. Capt. Schauer expressed his appreciation and emphasized that he works as part of a team and his coworkers deserve the award as well. He introduced his son, Evan, his wife, , and Gilbert, a student from Martin Middle High School. * * * * * * * * * * * * * The third presentation was made by the Greater Corpus Christi Business Alliance. Mr. Joe Fulton, Chairman -Elect of the Alliance's Board of Directors, said the Alliance would be providing quarterly updates to the Council. In response to Mr. Trolinger's concern, he said the Alliance's budget was submitted to the City Council and approved by them, and he could call Mr. Keith Arnold, Alliance CEO, for a copy of their budget, which is public record. Mr. Amando Soto, the Alliance's Business Development Director, pointed out that the Alliance does not work alone but rather has several partnerships, including those with the City Council, Nueces County officials, and many people in the private sector. He described the Laredo/Corpus Christi Partnership, which he said is important because Laredo is the largest inland port in the country. He said some topics they agreed to develop were the InfoCenter, I-69 corridor, cooperative promotions in Mexico, and legislative issues. He also briefly discussed the following issues: a site selection consultants' weekend that was held recently; Texas Economic Development Council annual conference that will be held in Corpus Christi in 1998; assisting the Sister City Committee in hosting a delegation from Keelung City, Taiwan; hiring of Manuel Ugues to assist in the Alliance's business development efforts; working with airport personnel on recruiting airlines; development of a cold storage facility; and use of an economic development promotional video in conjunction with Southwestern Bell. Ms. Nelda Martinez, an Alliance Board member, discussed the formation and purpose of the Existing Industry Retention and Expansion Committee, which she said is to identify issues which impact the business climate and to develop strategies to protect and enhance the environment for small and large business growth. She also described the "Buffer Buyout" subcommittee that was Minutes Regular Council Meeting November 18, 1997 Page 5 formed to provide a catalyst to bring parties together and to work with bankers, realtors, and others to assist impacted residents who want to relocate. Ms. Martinez said the industry retention committee will begin conducting "strength and weakness" meetings with representatives of key industries, as well as working with the Alliance's Small Business Development Center and other small business advocates in improving the climate for small businesses. Ms. Linda Strong, another Alliance Board member, discussed the organization's Convention and Visitor Department. She reviewed the following convention sales statistics: over 41,000 room nights have been booked for future years with an estimated revenue of over $6 million; 72 new leads have been generated with a potential for 48,000 room nights and estimated revenue of $7 million; a new sales manager, Ms. Arlene Rivera, has been hired and she will handle the Hispanic conventions and target travel agents in Mexico; and the convention department has been awarded the 1997 CVB Gold Service Award from Meeting and Convention magazine With regard to the visitor industry, Ms. Strong said the first quarter recap indicated the following: 1,773 room nights booked for group travel activity; the Visitor Center activity for FY 1997-98 was 26,503; in addition, there were several trades shows, sale blitzes and sales missions. Council Member John Longoria suggested to Mr. Fulton that the Alliance representatives share with the Council their goals, i.e. numbers of contacts, etc. He also commented on the possibility of Corpus Christi promoting itself as a neutral location for play-off games. Council Member Gonzales recommended that an economic summit be conducted for the city to enable the pertinent entities to work and plan together. Mr. Fulton asked if it would be suitable to hold such a meeting in January, and Dr. Gonzales said he would be working with the Council on that idea if they wished to move in that direction. Mayor Neal pointed out that 1998 is a non -legislative year and he asked if a legislative reception will be held in Corpus Christi as in past years. Mr. Fulton replied that it would be held in the spring. The Mayor suggested that that reception might be used as a means toward involving other entities in discussing economic issues as mentioned by Dr. Gonzales. Mr. Neal commented that last night he had attended a reception for Qualitech Steel and he told the Council that that company's representatives had invited them to visit their facility. Mr. Fulton said he thought the Port would be touring Qualitech on December 9th, and Mayor Neal asked Mr. Fulton to work with city staff on coordinating a tour for the Council members. * * * * * * * * * * * * * Mr. Hennings said the next item was a presentation by Mr. Frank Brogan of the Port of Corpus Christi on the status of the Lake Texana pipeline. Mr. Brogan said that last month, despite the rain, the project continued to move forward. He cited progress in the following areas: it is hoped that right-of-way acquisition can be completed in the next 30 to 60 days; over 60% of the pipe has Minutes Regular Council Meeting November 18, 1997 Page 6 been manufactured and 25.86 miles of pipe has been installed; three crews are currently working, including one difficult area north of Refugio, which he described. He also discussed the progress on the construction of the pump stations and the river crossings. He added that he had included a report of the different firms working on the project and the contract amounts for the various design and construction costs. He said the target date is still July 1998. Mayor Neal asked Mr. Brogan to comment on the privatization issue around Lake Texana. Mr. Brogan replied that he has not been involved in any of those discussions, but he understood that the Lavaca-Navidad River Authority was trying to acquire the real estate around the lake, which is currently owned by the U.S. Bureau of Reclamation. The Mayor also asked Mr. Brogan if Mr. Trolinger had contacted him regarding any of the contracts, and Mr. Brogan said he had not. He added that other people have gone by their office and asked to examine the records, and the port shared that information with them. Council Member Martin asked if it would be possible for another crew to be moved into the area of the pipe project where the prairie chickens are located. Mr. Brogan replied that the contractor would be willing to move another crew to that location if they had the pipe and sand delivered, which he explained. Responding to other questions from Mr. Martin, Mr. Brogan said the directionally drilled river crossings will be mobilized in February, and they will be the largest and longest such projects ever attempted in the United States. Mr. Martin said he thought some of the Council members may want to witness that part of the project. Council Member McNichols asked Mr. Brogan to convey to the contractors the Council's appreciation to them for pushing ahead in recent adverse conditions. He pointed out that despite having one of the wettest seasons on record, the city's combined reservoir capacity is barely at 50%, and with the evaporation beginning in earnest in the spring and summer, the timeliness of the pipeline construction will be even more important to this region's water supply needs. Dr. Gonzales asked about legal costs associated with the project, particularly the right-of-way acquisition. Mr. Brogan said the right-of-way process is still underway and when those figures are completed he will share them with the Council. Responding to Mayor Neal, Mr. James Dodson, Regional Water Director, briefly explained the "scoping" meetings that will be held soon near Lake Texana. He said the Lavaca-Navidad River Authority is requesting a transfer of title from the federal government to LNRA, the local sponsors of the project, who would have the responsibility of operating the project, managing the land, and in the case of Lake Texana, actually owning the water rights. He said the process involves first establishing what are some of the issues with regard to the public and federal interests in the project, and that is accomplished by holding public meetings. He said as previously indicated, a request could be made for additional scoping meetings to be held. The purpose of the scoping meetings is to try to prepare a scope of work for the environmental assessment that is required for any major Minutes Regular Council Meeting November 18, 1997 Page 7 federal action of this sort. Mayor Neal asked if there was any commercial development around Lake Texana at this time, and Mr. Dodson replied that the land is owned by the federal government. He said the proposal as he understands it from LNRA does not involve any privatization of the project facilities; they would simply be transferred to another public entity, namely, LNRA, and would be operated in essentially the same way as they are now. Mayor Neal asked Mr. Dodson to research the issue and determine if it would be advantageous to hold a scoping meeting in Corpus Christi. * * * * * * * * * * * * * The next presentation was concerning an update on the Wesley Seale Dam stability analysis by Dr. Ron Waters of Freese & Nichols Inc. Dr. Waters explained that the field work at the dam is completed, and it was intended to measure the following: the uplift under the dam; the engineering properties of the foundation; and any possible future movements of the spillway structures. He said they have initially concluded that the uplift is less than what was initially projected, while the material property is lower than originally thought when the dam was designed, particularly the cohesion value. He said both of those factors indicate that the dam will still need to be remediated. Dr. Waters said that in terms of movement, when the lake rose the last time to 91 feet they did detect approximately a one-tenth of an inch movement at one of the buttresses, which confirmed to them that the stability of those particular buttresses is minimal and that limiting the lake capacity to 91 feet is still a prudent move until the dam's stability can be increased. He said Freese & Nichols plans to present their findings during the December 16, 1997 Council meeting. Responding to Mayor Neal, Dr. Waters described the buttresses and how they could be anchored. In reply to Dr. Gonzales, Dr. Waters said that in the next three weeks they will be determining what is an appropriate factor of safety for a dam of this size and age and what it will take to stabilize it, including an indication of what it will cost for each foot of the rise of the lake. He said part of their efforts will be to put enough resistance in the foundation material or through anchors to ensure that the dam does not continue to move and that it will stay stable no matter what flows go through the spillway in the future. Responding to other questions from Dr. Gonzales, Dr. Waters said the whole concept of this type of dam is to minimize the materials and maximize the labor required to build it. He emphasized that the dam is repairable. Council Member Garcia asked what will be included in Freese & Nichols' report next month. Dr. Waters replied that they will provide at Least two options to stabilize the dam as well as the costs, which he briefly described. He said that if a decision is made about what action will be taken on the dam, then the design and construction should be carried out in a timely fashion. He said in the case of the Wesley Seale Dam, construction may begin on stabilization as early as next summer with a construction period of about two years. Dr. Waters added that they will use the techniques and Minutes Regular Council Meeting November 18, 1997 Page 8 knowledge that is available to the engineering profession to date that they would consider safe. Dr. McNichols asked Mr. Crull about the amount of water impounded behind the dams at capacity at Lake Corpus Christi and Choke Canyon respectively. Mr. Crull replied that it is about 241,000 acre-feet at Lake Corpus Christi, and about 695,000 acre-feet. Dr. McNichols said he thought this project needed to be kept in perspective that it is another capital improvement project among many that are being moved up in priority because of the time factors involved. Dr. Gonzales asked if there was a process by which the Council could obtain another opinion on the situation at Wesley Seale Dam. Dr. Waters said they recommended and the city obtained the services of an engineering consultant that is not involved in the project to conduct a peer review of Freese & Nichols. Mayor Neal asked Mr. Hennings to provide next week a progress report on the recommendations of the Wesley Seale Dam Oversight Committee. And in order to continue the process, he said he would like to discuss those recommendations on a monthly basis to reassure themselves and the community that they are following through on the recommendations. * * * * * * * * * * * * * City Manager Hennings said the next item was a report on the FY 1997-98 capital budget and the five-year capital improvement program (CIP), which is a plan indentifying all of the major capital needs of the city government, including all of the departments and various systems the city government is involved. The FY 1997-98 capital budget, on the other hand, are those projects which staff believes need to move ahead in the current year and for which funding has been identified. In addition to serving as a planning guide, Mr. Crull said the CIP could be the basis for consideration for a future bond program or future bond election. He said before getting to that point, the cost estimates would have to be more clearly defined and input from the community would have to be sought. He said the CIP has several funding sources: the city's general obligation bonds that are backed by the ad valorem tax rate are generally used to fund street projects, public safety, public facilities, and park and recreation. The city's last bond election was in 1986 and they are in the process of completing those projects. He said other funding sources are revenue bonds, which are generally used for utilities projects; state funds, including the Texas Department of Transportation and grants from the Texas Parks and Wildlife Department; and federal funds, including the Community Development Block Grant program and Federal Aviation Administration grants. Responding to Council Member Martin, Mr. Crull said that in his presentation he would be primarily focusing on the FY 1997-98 capital budget, but if the Council wished, he could discuss projects in the years thereafter. Mr. Hennings said the Council's approval was only being sought on the FY 1997-98 capital budget itself. He added that staff would be bringing the Council a more Minutes Regular Council Meeting November 18, 1997 Page 9 detailed presentation on the airport projects next week. Mr. Crull said the airport's funding sources are principally FAA grants and passenger facility charges with some operating funds. Most of the projects in the capital budget are related to the terminal improvements, along with projects on runway 13-31 and the landside roadway system and entrance road reconstruction. Mr. Crull said that with regard to the park and recreation projects, next week staff will be seeking the Council's approval of a revised budget for the Gateway Project in light of its altered scope. Some park and recreation projects that were included in the CDBG program were the Southeast Area Senior Center; northside multi -agency facility renovation (Phase I); H.E.B. pool bathhouse renovation; renovations to the Lindale and Greenwood Senior Centers; and neighborhood parks rehabilitation and improvements. He added that another project is the seawall study, which received funding from the Gateway Project. The request for proposals for that project are due November 19, 1997. Responding to Council Member Betty Jean Longoria, Mr. Crull said the only park and recreation projects that are not being funded through the CDBG program are the Gateway Project and the seawall. Mr. Martin asked if the Council had approved, as part of the CDBG funding, the words "southeast" with regard to the new senior center construction. Mr. Crull said he did not recall the exact wording but the center is supposed to be located toward the south side of the city where there is not currently a senior center. Mr. Martin asked if staff is considering a site north of South Padre Island Drive, and Mr. Crull said that is one of the considerations but he has not been involved in all the discussions about the site location. Mr. Martin pointed out that during the CDBG public hearing, senior citizens expressed concern that there is no senior center located anywhere south of SPID, and that roadway is somewhat of a barrier for them. He said at some point they need to discuss that issue further, adding that they had approved a "southside" senior center. Upon verification from Mr. Crull, Mr. Martin noted that capital budget projects involving the airport, Gateway Project, and the Community Progress Partnership would have to be revised. In reply to Mayor Neal, Mr. Crull said the 1986 bond program included $850,000 for a Southside recreation center, which is different from the southside senior center currently being discussed. He said the money for the recreation center was added to funds from the Corpus Christi Independent School District to build the natatorium and accompanying gymnasium. Mr. Crull said there is only $140,000 in the FY 1997-98 capital budget for ADA modifications to public facilities. He said the city's approach has been to first modify the buildings that are most utilized by the public, and CDBG funds have been accessed for that. He said this is part of a continuing program that will involve several facilities, including Police, Library, Health, Street/Solid Waste, Airport, and some of the senior centers. He added that there are no funds in this Minutes Regular Council Meeting November 18, 1997 Page 10 capital budget for public health and safety projects, which are primarily related to Fire Department, Police Department, Health, Municipal Service Centers, and Solid Waste, although some needs are identified for the outer years in the capital improvement program. With regard to the street program, Mr. Crull pointed out that there are several projects listed under the heading "prior year" which are projects that complete the 1986 bond program as well as some prior year CDBG programs. In addition, projects listed in the FY 1997-98 capital budget are CDBG projects, including Omaha Street (IH -37 to Leopard), Harvard, Vitemb and Vestal streets, and street lighting in CDBG-eligible areas. He said $110,000 has also been budgeted for accessibility improvements for the disabled in the street program, which he described in response to Council Member Garcia. Mr. Martin asked about the definition of "prior year" in the report. Mr. Crull replied that the projects listed as "prior year" are in some phase of progression either in design or construction. He said when projects are totally completed and accepted they are taken off the list. Mr. Martin pointed out that the Council had recently approved improvements at two intersections, and Mr. Hennings said staff probably should have adopted an FY 1997-98 capital budget that included just those items. Mr. Martin commented that the CIP's current reporting format is misleading, particularly with regard to street projects. Following further discussion, Mr. Crull reiterated that "prior year" refers to projects that are underway. Mr. Crull said the other area in the street program about which staff is concerned, not necessarily in FY 1997-98 but in future years, is the category of the city's share of street construction in new subdivisions, which has about $308,000 from the prior year; however, with an increase in upcoming projects staff is projecting a shortfall in that category of about $100,000 by the end of the year. And if development continues at the pace it is progressing now, staff has estimated that it will require a $565,000 commitment. Mr. Crull further explained the city's obligations under this category. Mr. Martin asked why that category was not being identified as a 1997-98 capital budget item; Mr. Crull replied that it probably should be. Mr. Crull said the remainder of the proposed CIP includes the combined utility fund projects: stormwater, wastewater, water and gas, although gas has traditionally covered its needs for capital improvements through a pay-as-you-go CIP through their line extensions and replacements. He said the stormwater CIP was developed after the April 1997 rain event, which includes some specific projects to address some flooding problems that occurred. After another rain event in October, staff reviewed those projects and verified them. He said they also added two projects that are not included in the preliminary CIP but will be included in the final version, and those are in the Crossgate subdivision and the Padre Island Drive intersections. He said the design monies for those projects have been programmed for FY 1997-98 and construction monies are in FY 1998-99. Council Member Gonzales asked if staff had included the drainage problems raised by Mr. Minutes Regular Council Meeting November 18, 1997 Page 11 Sierman earlier in the meeting. Mr. Hennings replied that those issues will be addressed first as maintenance problems, and if the problem is not solved then a capital project will have to be developed. Mr. Crull said the CIP does contain a category for minor storm drainage improvements, which includes $100,000 for FY 1997-98 and about $7.5 million for the whole five-year CIP period. Dr. Gonzales pointed out that there have been many citizen complaints about inadequate drainage and he asked if more funds could be allocated for that purpose. Mr. Crull replied that many of the projects listed in FY 1997-98 do address those concerns, particularly, as Mr. Hennings pointed out, the category for minor storm drainage improvements. He also suggested that the stormwater operating budget could be reviewed with the idea of adding a maintenance crew. Dr. Gonzales said staff and the Council should first be focusing on the city's basic needs. Mr. Martin noted, as had Dr. Gonzales, that the five-year stormwater CIP shows increasing amounts in the categories of minor storm drainage improvements and rolled curb and gutter replacements, which illustrates that the city has tremendous needs but does not have the money to fund them so they are postponed. He pointed out that in the wastewater CIP there is about $4.8 million programmed for utility relocations, and if that amount was reduced by $300,000 and added into the stormwater funding, allowing for several smaller drainage projects to be completed around the city, it could have a huge impact for citizens. Mr. Martin asked staff to review that idea and come back next week with some recommendations. Dr. McNichols commented that a drainage utility would take care of a lot of those problems. Mr. Crull said he would appreciate input from the Council on problem drainage areas around the city. Responding to Mayor Neal, Mr. Crull said the cost for approximately $60 million in utility revenue bonds would be passed on to the ratepayers through their utility bills. The Mayor then asked how much additional debt would be required to finance that, and Mr. Crull said it would be about $5 million to $6 million. In reply to Mr. Martin, Mr. Hennings said if the city plans to issue $60 million in debt for the utility system, that does not mean the city will come close to that in terms of commercial paper, because commercial paper is for a shorter term and the total amount of commercial paper outstanding is not going to approach $60 million. He further explained that the city would not be borrowing, or needing, $60 million all at one time but rather it would be in stages. In response to other questions from Mr. Martin, Mr. Cruz-Aedo said the plan would be to issue commercial paper to meet the CIP requirements on an ongoing monthly basis and, depending on market conditions, staff may decide to roll over all the commercial paper they have issued in the first six months, or at a nine- or ten-month period until they obtain a sufficient size in commercial paper to make it cost-effective to roll out into long-term debt. A brief discussion ensued. Mr. Crull said the wastewater capital budget does include a sizeable amount of money ($4.8 Minutes Regular Council Meeting November 18, 1997 Page 12 million) for utility relocations for such projects as Spur 3, Annaville Area No. 3, Leopard Street, Airline Road, and Nile Drive, and possibly Kostoryz Road. He said staff is balancing between the wastewater collection system needs and treatment plant needs, which he explained. He said they have also included funds to begin the design of the project to transfer the Broadway Treatment Plant flows to the Greenwood plant, as well as a sludge management program for the Laguna Madre plant. Mr. Martin asked about the $4.8 million in utility relocations, and Mr. Crull said a large amount of that will be used for the Spur 3 project on Ennis Joslin. Mr. Martin then asked why those utility relocations would not be listed as prior year projects since their related street construction projects are listed as prior year. Mr. Crull said staff knew about those utility relocation needs but did not have them budgeted until such time as the funds were needed. Mr. Martin asked about the Del Mar area utility relocations, and Mr. Hennings explained that those monies were reimbursing the combined utility fund because they had been advanced from that fund balance. Mr. Martin asked whether, if the effluent diversion project is not accomplished, would the work at the Broadway plant still be as high of a priority. Mr. Crull replied that it would not be, because in the wastewater implementation plan, staff had planned to begin the process of closing down the Broadway plant in about two years with completion in about the year 2005. Mr. Martin said that illustrates one of the advantages of financing with commercial paper, in that the city issues commercial paper as needed so that the funds are targeted for specific projects. He added that he thought the closing of the Broadway plant should be accomplished no matter what happens because it satisfies many of the Council's priorities and commitments and may lead to bigger things in the refinery area. Mrs. Longoria also commented on the diversion of flows from the Broadway plant to the Greenwood plant. Mr. Crull said that with regard to the water capital projects, there are funds set aside for utility relocations; upgrading the Stevens Treatment Plant; construction funds for the elevated and ground storage tank inspections and rehabilitations; initiation of the recommendations of the Water Distribution Master Plan for the southside transmission main; design of repair projects for the Wesley Seale Dam; design of the diversion from the Greenwood plant to the Nueces River Delta. Responding to Dr. Gonzales, Mr. Crull said the FY 1997-98 capital budget contains $1.5 million for the design of the Wesley Seale Dam remediation while $15 million is programmed in 1998-99 for that project. Referring to issues that have been raised about the 1986 bond program, Mayor Neal asked if the capital improvement program would be implemented as approved by the Council. Mr. Crull said it would be and any changes that staff might recommend would have to be brought to the Council for their approval. Mr. Garcia asked how the projects were prioritized, and Mr. Crull said with some categories Minutes Regular Council Meeting November 18, 1997 Page 13 the overwhelming prioritization is whether there are funds, such as CDBG funds, available for the projects. With regard to the combined utilities, staff tries to balance out the needs while keeping in mind the time frames called for in the respective implementation plans previously presented to the Council. Mr. Garcia commented that the Council was not aware of the time frames of many of the capital projects listed, to which Mr. Crull replied. Mr. Martin agreed with Mayor Neal that there have been complaints about how the 1986 bond program was carried out. He asked if every project on the 1986 bond program list has been accomplished except for the park and recreation warehouse, Bear Lane public safety facility (which was determined not to be necessary through a study), southside treatment plant (which was substituted by constructing the Oso relocation), and the drainage improvements on Texas, Indiana and Ohio streets (which staff is proposing be done now). Mr. Crull said the only other project that was not accomplished was the Riviera lift station in Flour Bluff, which also was determined not to be necessary because of changes in growth. With regard to the southside treatment plant, Mr. Hennings pointed out that the 1986 bond election only provided funding for the site acquisition, which was accomplished, and the engineering work. He said subsequent studies of growth in the southside showed that other alternatives would be more feasible. Mr. Martin commented that the city accomplished more work than was approved in the 1986 bond program with less money. Mayor Neal asked if the capital budget item would be on next week's agenda, and Mr. Hennings said it would be, and the Mayor said public comment would be solicited at that time. ************* Mayor Neal opened discussion on Item 2, administrative procedures for the tax-exempt commercial paper program (TECP). City Manager Hennings explained that the recommended policies provide for reporting to the City Council in various steps of the process of issuing commercial paper, and Mayor Neal commented that the policies provided for guidance by the Council. Council Member McNichols commented on the proposed policy in the program pertaining to the establishment of a maximum interest rate. Mr. Hennings explained that in the monthly reports to the City Council, staff would make a forecast about the upcoming month and set a cap on interest rates for any issues of commercial paper to be made in the coming month, based on the current market situation. He added that the ordinance contains a cap of 15% interest. Responding to Council Member Martin, Mr. Cruz-Aedo said he thought the policies gave the Council clear oversight and provided for accurate reporting without restricting staff. Mayor Neal said the proposed financial policies answered questions he had had about the Minutes Regular Council Meeting November 18, 1997 Page 14 program. He then called for comments from the audience. Mr. J.E. O'Brien said he was pleased that the Council had been provided with 1997 figures in their support material. He said he hoped that one of the Council members would question staff regarding why the combined non-operating revenue increased from $7.4 million to $10.6 million, and he said he thought that most of that revenue came from interest. He also questioned whether commercial paper would be a third lien or a first lien on the revenues of the combined utility system. He acknowledged that while this program could save the city money in the short term, he questioned how savings might be achieved if there is a miscalculation if interest rates begin to rise again. Mr. O'Brien also commented on how possible litigation issues would be handled with regard to the German bank. Mayor Neal told Mr. O'Brien that the Council was trying to make available financing options, and while neither the Council nor Mr. O'Brien can guarantee that interest rates will go up or down, but they tried to build into the policy statements all the protections possible to allow the system to work. Mr. Martin added that Mr. O'Brien's question about the increase in the non- operating revenue probably includes the principal and interest from the Nueces River Authority (NRA). Mr. Cruz-Aedo said the city had some bond programs it had planned to spend this coming year but was not able to and there were additional eamings which are reflected in the combined non- operating revenue line item. Mr. Martin asked if the NRA was included there, and Mr. Cruz-Aedo said it was not included but rather it included the city's water, wastewater and gas. Addressing Mr. O'Brien's comments, Mr. Jeff Leuschel, with the firm of McCall, Parkhurst & Horton, bond counsel, said there are references in some of the agreements to the conditions for the city to issue priority bonds, and the city has to comply with the existing covenants in its priority bond ordinance. With regard to rising rates, Mr. Leuschel said he has been involved with programs from 1985 and there have been cycles where both short-term and Long-term interest rates have gone up as well as down, and with rare exceptions they track each other. He said with respect to the German law issue, Mr. O'Brien was referring to a draft of an opinion of a bank counsel, and in that opinion they will also be receiving an opinion of the German bank's German lawyers that their obligation is enforceable under German law. Mr. Leuschel also stated that commercial paper could be issued for voter -approved obligations supported by ad valorem taxes; certificates of obligation go through a petition and referendum process and they would not be necessarily candidates for commercial paper. Mr. Hennings said the proposed resolution needed to be amended to delete Exhibit "A" on page 5 of the agenda book and substituted by pages 2 and 3. Mr. Martin made a motion to amend the resolution as stated, seconded by Mr. Garcia, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting November 18, 1997 Page 15 2.a. RESOLUTION NO. 023131 Resolution amending the Resolution adopting policies and general rules and procedures of the City Council to add a new policy regarding notification to the City Council prior to issuing Commercial Paper. The foregoing resolution passed, as amended, by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 2.b. ORDINANCE NO. 023132 Ordinance approving and authorizing the issuance of short term obligations in an aggregate principal amount not to exceed $50,000,000 to provide interim financing to pay Project Costs for Eligible Projects and to refund obligations issued in connection with an Eligible Project; authorizing such short term obligations to be issued, sold and delivered in various forms, including commercial paper notes, fixed rate notes and variable rate notes, a revolving credit note and term notes, and prescribing the terms, features and characteristics of such instruments; approving and authorizing certain authorized officers and employees to act on behalf of the City in the selling and delivery of such short term obligations, within the limitations and procedures specified herein; making certain covenants and agreements in connection therewith; resolving other matters incident and related to the issuance, sale, security and delivery of such short term obligations, including the approval of an Issuing and Paying Agent Agreement, a Credit Agreement and Dealer Agreement; approving the use of an Offering Memorandum in connection with the sale from time to time of such short term obligations; and providing an effective date. 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 3, amended city investment policy. City Manager Hennings said this item was an amendment to reflect recent changes in state law, which are outlined in the packet. The Mayor asked if this policy exempts repos from the competitive bidding process. Mr. Cruz-Aedo said it does not exclude that; however, the city uses one primary institution and the city receives quotations which it compares to the market to ensure that it is receiving competitive rates. Minutes Regular Council Meeting November 18, 1997 Page 16 Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 023133 Resolution amending the City Investment Policy to comply with recent legislative changes to the Public Funds Investment Act, Chapter 2256 of the Texas Government Code; clarifying the competitive solicitation process for sale and purchase of investments, and adopting the City Investment Policy as amended. The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; J. Longoria absent. Council Member Martin said he had asked earlier (during the discussion of Item 2) whether Mr. O'Brien's question about the combined non-operating revenue included principal and interest on NRA funds, and staff answered that it did not include that, although Mr. Martin said he thought it did include it. Mr. Cruz-Aedo said the interest earnings to the city are reflected in the line with the footnote to which Mr. O'Brien was referring.The footnote disclosure on the principal and interest is the expense portion of the debt coverages for the NRA. He said it was being footnoted because that schedule will not agree with the city's Comprehensive Annual Financial Report. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, Harbor Playhouse agreement and lease. City Manager Hennings said the Harbor Playhouse has been operating under a 20 -year lease that was approved in 1982 and they are asking for an early renewal of their lease so they can begin making plans for the future. He said the new lease staff is proposing is different in that it reflects the annual appropriation by the City Council for services from the Harbor Playhouse; in the current year budget that amount is $31,500. At the time of the original lease there was no such appropriation so it is not reflected in the current lease. He said the only other significant change is that the insurance requirements have been updated since 1982. Mayor Neal asked if the Council's appropriation to the Harbor Playhouse was being fixed for 20 years. Mr. Hennings said it was not but that would remain an annual decision by the Council. Council Member John Longoria said he was not opposed to this lease, but he commented that 20 years is a long time and he asked if the Council could review it every five years or so. He said the Harbor Playhouse was a viable organization but there were still improvements that needed to be made. Mr. Hennings said the organization was seeking the 20 year lease for the security of it as long as they live up to the obligations under their lease. Mr. Longoria said he thought the city should be Minutes Regular Council Meeting November 18, 1997 Page 17 considering shorter terms on such leases, and Mr. Hennings said he did not disagree. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 4. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a twenty-year lease with the Harbor Playhouse, Inc. for City owned property known as the Harbor Playhouse located on Block 90, Beach Portion to the City of Corpus Christi, in consideration of Harbor Playhouse, Inc.: (A) presenting a variety of main stage productions at affordable prices; (B) providing a Young People's Theater Program open to all children in Corpus Christi; (C) renting the facility to non-profit organizations, business and convention groups at reasonable rates; and (D) maintaining the building in good repair. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, purchase of fire trucks. City Manager Hennings said these two items were budgeted --the ladder truck was budgeted for a lease/purchase and the amount was budgeted in the reserve appropriation so the decision to move ahead with it could be reserved until after the November election. Mayor Neal noted that that amount was part of what the Council had discussed regarding some alternate funding sources that they will discuss at length in the next week or two weeks. The Mayor then called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5. M97-334 Motion approving the purchase of an aerial fire truck for the total amount of $658,979.95, and a 1,250 gallons -per -minute pumper fire truck for the amount of $238,124.33 from the Houston -Galveston Area Council for a grand total of award of $897,104.28. This purchase is made through the interlocal governmental cooperative purchasing program authorized by City Ordinance No. 022471. The units will be furnished by Emergency One, Inc., c/o Emergency Vehicles of Texas, North Richland Hills, Texas, and is budgeted in the 1997-98 budget as replacement equipment. Funding for the aerial truck is provided through the City's Minutes Regular Council Meeting November 18, 1997 Page 18 lease/purchase agreement. The pumper truck is included in the 1997-98 Capital Outlay. The foregoing motion passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Capelo and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, Kokoro Dinosaur exhibit. Mr. Rick Stryker, Director of the Corpus Christi Museum of Science and History, gave a brief history of the museum's formation 40 years ago and its subsequent expansions. He noted that in 1990 a $1.9 million expansion was added to the museum, which included two major permanent exhibits, Shipwreck! and Naiy Wings over South Texas, both of which were entirely privately funded through the Friends of the Corpus Christi Museum. From that time on, the Friends have undertaken the mission to support the museum's exhibit program. Mr. Stryker said the museum includes 36,676 square feet permanently devoted to exhibits, and since 1990, 75% of that exhibit space has been completely renovated and the remainder has been substantially updated. Also in 1990, a 2,000 -square foot changing exhibit gallery was added, bringing educational opportunities to Corpus Christi based on the interests of the museum but not necessarily based on the collections. Since that time, the Friends have sponsored 29 temporary exhibits in the museum, and the byproducts of that program include the Doc McGregor photographs in City Hall and the airport, and the exhibit La Belle: the Mystery of La Salle in the Gulf, which has traveled to 11 venues across Texas and will go to five more before the end of 1998. He added that Friends support comes from memberships, annual contributions, solicitations for underwriting, and income from the Endowment of the Corpus Christi Museum Foundation. With regard to the larger temporary exhibits, Mr. Stryker said they are typically very expensive ($75,000 to $100,000), which is more money than the Friends have for such exhibits, and they require a great deal of space, such as with the robotic insect exhibit this summer. He said those factors have encouraged staff to develop alternate ways to bring an exhibit of that significance to the community. Consequently, the Friends of the Museum have developed a partnership with Southwestern Bell Yellow Pages, Sunrise Mall, and the Business Alliance to bring the Kokoro Dinosaur exhibit to Corpus Christi from May -August 1998. He said Sunrise Mall will provide the space and will support an expanded marketing effort, and Southwestern Bell Yellow Pages will support a marketing effort over a wide geographic region, including Corpus Christi's major tourist markets in Texas. Mr. Stryker explained that the Friends will pay the costs (shipping, insurance, rental, etc.) of the dinosaur exhibit, and if it is successful will share in the net revenue, which will be used to support future exhibits. He said it is expected that this exhibit will cost about $120,000, and it is Minutes Regular Council Meeting November 18, 1997 Page 19 hoped that it will earn income for the museum through admission revenues, gift shop sales, and underwriting from local businesses. Council Member John Longoria noted that some of the terms of the agreement for the museum exhibit are confidential. Mr. Stryker said the Kokoro Dinosaurs have an individual agreement with each venue for the exhibit, but as stated in this contract, Kokoro must defend that confidentiality to the Attorney General. Responding to other questions from Mr. Longoria, Mr. Stryker said Sunrise Mall will provide about 6,000 square feet for the exhibit, and the contract requires the city to have both liability and property insurance. Responding to Council Member Capelo, Mr. Stryker said there will be a letter agreement between the Friends and Sunrise Mall and Southwestern Bell Yellow Pages that will be mutually beneficial. Upon verification by Mr. Stryker, Mr. Capelo said the city will receive its money back first before any splitting of revenues. In reply to Council Member Gonzales, Mr. Stryker said all of the expenses come out of the revenue earned by the exhibit. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 6.a. M97-335 Motion authorizing the City Manager or his designee to execute a contract with J & S S International, Inc. dba Kokoro Dinosaurs for the lease of the exhibit Kokoro Dinosaurs Exhibit, Group A at $60,000 plus expenses. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 6.b. M97-336 Motion authorizing the City Manager to execute a memorandum of understanding between the Corpus Christi Museum of Science and History and the Friends of the Corpus Christi Museum of Science and History. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 6.c. ORDINANCE NO. 023134 Ordinance appropriating all revenue received from admission fees for the Kokoro Dinosaur Exhibit (Exhibit) (estimated to be $120,000) in the No. 102 General Fund; amending Minutes Regular Council Meeting November 18, 1997 Page 20 Ordinance No. 022993 which adopted the FY 97-98 Budget by adding approximately $120,000 to the No. 102 General Fund; authorizing transfer of approximately $120,000 to the Friends of the Corpus Christi Museum of Science and History (Friends) in consideration for the Friends paying all expenses related to the Exhibit and for the benefit of the Museum. 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 7, adopting the FY98 Consolidated Annual Action Plan timetable. City Manager Hennings said that both the schedule of activities and the policies for the CDBG program were included in the Council's background material. Council Member Martin pointed out that one of the policies states that CDBG funds are not to be used for operating expenses by the applicant agencies. He also referred to the policy under item E. pertaining to the timing of funding for certain projects. Mr. Martin added that once the Council adopts the policies, they ought to, if necessary, have a meeting with the Planning Commission ahead of time in order to avoid the situation that occurred during the last Annual Action Plan funding cycle. He said the Planning Commission needs to enforce the policies as well. Mr. Tom Utter, Assistant City Manager for Development Services, explained that every application that is submitted to staff is forwarded to the City Council, although staff may indicate that a certain project is not eligible for funding for certain reasons. Mr. Martin asked if the policy under Item E. was necessary, and Mr. Utter said it was necessary because it sent the message to the community that while non-profit organizations might receive CDBG funding at certain times, they cannot expect to be funded every year. Council Member John Longoria said the key difference was the use of the word "project" in that policy, and he pointed out that it does not apply to the agency, for which he gave an example. Responding to Council Member Capelo, Mr. Utter said the policies being discussed only apply to the CDBG program and not to the ESG or HOME funds. Mr. Capelo asked staff to indicate if an application is not in compliance with a specific policy. Council Member Garcia asked if the Council could still grant monies to an organization even if it was not in compliance with the CDBG policies, and Mr. Utter said the City Council has the ultimate authority. Responding to other questions from Mr. Garcia, Mr. Utter said there are some specific regulations that pertain to religious orders, i.e., how they use the funding they receive, which Minutes Regular Council Meeting November 18, 1997 Page 21 he explained. He also explained how the financial status of organizations is determined through the application process. Council Member Gonzales asked who would make the determination about whether a religious group qualifies for funding. Mr. Utter said that he and the staff of the Housing and Community Development Department would examine the application and if there was any question they would refer it to the Department of Housing and Urban Development's general counsel's office. Mr. Longoria referred to the policy under Item A,, and he asked if the City of Corpus Christi was considered an applicant agency; Mr. Utter said that had never been applied to the city. Mr. Longoria said that point should be made more clearly. Council Member McNichols commented favorably on the whole Consolidated Annual Action Plan. Council Member Betty Jean Longoria asked if the Council was going to meet with the Planning Commission, and Mayor Neal replied that he thought that was the wish of the Council. The Mayor then asked Mr. Longoria if he was asking that Item E. in the policies be amended, and Mr. Longoria said he was not, but he asked Mr. Utter if Item A. should be amended. Mr. Utter said that the city is not technically an applicant agency under the CDBG rules. Mr. Longoria reiterated that more clarification of the policies was needed in the application process. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 7.a. M97-337 Motion adopting the timetable for the FY 98 Consolidated Annual Action Plan that is the application process for the Community Development Block Grant, HOME Investment Partnerships and Emergency Shelter Grant Program. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 7.b. M97-338 Motion reaffirming Community Development Objectives and Guidelines as previously adopted by the City Council on March 22, 1994 (Ordinance No. 021901). 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 November 18, 1997 Page 22 * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, annexation of six tracts of land in the vicinity of the Wood River subdivision. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 023135 Annexing six tracts of land adjacent to the city limits in the vicinity of the Wood River Subdivision; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi. 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 9, a public hearing on amending the Master Sanitary Sewer Plan. Responding to Council Member Martin, Mr. Crull said the purpose of the amendment was to renumber some of the service areas for conformity and to move 21 acres from one service area to another based on the city's ability to serve it. He said that with regard to the second action, staff has reviewed the developer's background information and calculations and concluded that it was appropriate. Mayor Neal called for comments from the audience, and there were none. Council Member John Longoria made a motion to close the public hearing, seconded by Council Member Cooper, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 9. FIRST READING ORDINANCE Amending the Comprehensive Plan and adopting the Master Sanitary Sewer Plan for the Southern Area. 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." Minutes Regular Council Meeting November 18, 1997 Page 23 * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 10. Case No. 1097-3, Cruz C. Perales: A change of zoning from an "R -1B" One -family Dwelling District to a `B-4" General Business District on 0.46 acre tract out of the David Brown Addition (unrecorded) of Lot 3, Block L, Paisely's Subdivision of the Hoffman Tract, located on the west side of Cleo Street, approximately 230 feet south of Baldwin Boulevard. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District on the east 150 feet and approval of the `B-4" District on the west 59 feet. Mr. Utter said the 20% rule was in effect on this case. Mayor Neal called for comments from the audience. Ms. Sara Polonco, 5205 Fulwell, said she was the daughter of Mr. and Mrs. Jose Moraida, who own the property next to the subject property. She explained that the applicant, Mr. Perales, has placed a six-foot privacy fence around the subject property fronting on Cleo Street, which blocks their line of sight from her parents' driveway. She expressed concern that rezoning the property to "B-4" would increase traffic on Cleo Street, making it dangerous for the elderly and young children. Mr. Brandol Harvey, Director of Planning and Development, showed a video of the subject property, pointing out that Cleo Street is a single-family neighborhood. He also noted that the applicant was illegally using the property with regard to zoning and he received notices of violation, and he began the process to have the property rezoned. Mr. Harvey said since the property is currently zoned residential the existing residential fence facing Cleo Street is allowed. In addition, the Building Department does not require a building permit for the fence since it is under seven feet in height. He said that unfortunately the city also does not require that a residence be placed on a residential lot to allow a residential fence, and fences are allowed up to the property line. Mr. Harvey went on to say that the applicant is currently making commercial use of the property, and the Planning Commission and staff feel it is inappropriate to grant the rezoning to allow that type of commercial use to continue. However, he said they have looked at the configuration of the lots and feel that some of Mr. Perales' request can be granted to extend his existing commercial use which fronts on South Port toward the property, but maintain residential zoning on most of the subject property, which he further explained using visual aids. He said the only way to make it illegal to have the residential fence there would be to put a special permit on all of the property and grant the applicant the commercial use on the 59 feet closer to Port, and through the special permit state that a residential screening fence is prohibited until and unless a residence is actually placed there. Minutes Regular Council Meeting November 18, 1997 Page 24 Responding to Council Member Gonzales, Mr. Harvey said there is enough distance between the property line where the fence is and the curb cut to meet the minimum vision criteria. Council Member Martin asked if a special permit could be placed on the 59 -foot portion with the condition that the remainder of the lot not be fenced. Mr. Harvey said it would have to apply to where the special permit applies. Mr. Martin asked why this case seemed familiar, and Mr. Harvey said a year ago a special permit was granted for an impound lot across South Port, but that special permit was not taken advantage of, and in July 1997 Mr. Perales requested and received a six-month extension, and in December the special permit will terminate for lack of use. In reply to Council Member Garcia, Mr. Harvey said that if the Council approved the `B-4" zoning on the 59 -foot portion, a screening fence would be required across the zoning line to separate it from the residentially zoned portion of Mr. Perales' property. Mr. Garcia expressed concern about the city's ability to enforce that situation. Council Member John Longoria asked what were the neighbors' concerns. Mr. Harvey replied that there were several concerns: the primary written concern was about increased traffic from commercial use; at the Planning Commission public hearing there were comments from people about the barrier and blockage of view that the residential fence created, as well as concerns about the type of business being conducted behind the fence. Responding to Council members' questions, Mr. Harvey said the Council had three options: they could support the rezoning to "B-4" in its entirety, which no one was supporting; they could deny the rezoning and Mr. Perales would have to move the cars off the residential lot facing Cleo Street; or they could grant the rezoning as recommended and Mr. Perales receives a little more property on which to store vehicles (although the vehicles close to Cleo Street would have to be moved). He said he thought staff could work with the applicant to make it clear that, for code enforcement purposes regarding property maintenance, it would be to his advantage to remove the residential fence. Mr. Garcia reiterated his concerns about enforcement on the property, and Mr. Capelo said he would recommend denying the rezoning request in its entirety. Mr. Martin suggested that as a result of this zoning case, staff consider an ordinance pertaining to the use of closed residential fences from lot line to lot line in subdivisions. Ms. Jennifer Irigoyen said she was reared on Cleo Street and she expressed concern that since the property was already misused in terms of zoning, she said there is the potential that a driveway could be placed on the property fronting Cleo. She asked that the Council deny the rezoning request completely. Mr. Cruz Perales, the owner of the subject property, said that before he bought the property Minutes Regular Council Meeting November 18, 1997 Page 25 was full of debris and that has stopped since he installed the fence. He said he would like to have "B- 4" zoning on the first 59 feet and a special permit for parking on the remainder of the property. He said this request was important to help keep his business growing. Mr. Perales said there would not be access to his business from Cleo Street and he would be willing to move the fence back so that it would not be an obstruction. Some of the Council members made comments to Mr. Perales about his requests. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Capelo, and passed unanimously. A discussion ensued about the options that the Council had regarding this zoning case. City Secretary Chapa polled the Council for their votes as follows: 10. FAILED TO PASS - zoning map in nterefic, to a 0.13 aere tet out of the David Brown addition (u..re..ord.,d) ..: . - • • Dwclling District to "B 4" Ge..etal Busi, e,s District. • .,, a-_ The foregoing ordinance failed to pass by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, and Neal voting "Aye"; Capelo, Martin, and McNichols voting "No." Mr. Capelo pointed out that the entire zoning request was denied and the lot will remain residentially zoned, with enforcement to begin immediately; in addition, the fence can remain * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 11. Case No. 1097-5. Evelyn J. Moore: A change of zoning from an "R -1B" One -family Dwelling District to a "B-4" General Business District on 4.68 acres out of Tract 13, Assessors Map 138, located on the north side of Interstate Highway 37, approximately 300 feet east of Sessions Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" District. No one appeared in opposition to the zoning change. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Garcia, and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting November 18, 1997 Page 26 11. ORDINANCE NO. 023136 Amending the Zoning Ordinance upon application by Evelyn J. Moore, by changing the zoning map in reference to 4.68 acres out of Tract 13, Assessors Map 138 from "R -1B" One - family Dwelling District to "B-4" General Business District. 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 the public hearing on the following zoning case: 12. Case No. 1097-7. GP Properties. Inc: A change of zoning from an "F -R" Farm -Rural District to an "R -1B" One -family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 26, portion of Lots 17, 18, 19, 29, and 30, located along the south side of Brooke Road (County Road 26A), approximately 1,000 feet east of Rodd Field Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R -1B" District. Council Member Martin asked if the applicant was present, but he was not. Council Member Garcia asked if there was a plat for this property. Mr. Harvey replied that the developer has submitted a plat, and the subject area for rezoning is 41 lots out of a total of 204 that are in the project. Mr. Garcia asked if the infrastructure was in place, and Mr. Harvey said they are putting it in place as part of the platting process. He added that County Road 26A is a rural pavement section and it will have to be improved by the developer on half of the road. Mr. Martin suggested that since there were questions about this case and the applicant was not present at the meeting that it be tabled. Dr. Gonzales made a motion to table this zoning case, seconded by Mr. Garcia. Following a brief discussion, the motion to table this case to November 25, 1997 was passed (Capelo and J. Longoria absent). TABLED Portions of Lets 17, 18, 19, 29, and 30 fret. "F R" Fann Rmal District to "R 1B" Onc fai..ily Daellin.g Dish ict. Minutes Regular Council Meeting November 18, 1997 Page 27 * * * * * * * * * * * * * Mayor Neal opened the public hearing on the zoning cases for Items 13-16 having to do with the newly annexed land by the City of Corpus Christi: 13. Case No C1097 -9A, City of Corpus Christi: Zone newly annexed area to an "R -1B" One - family Dwelling District on Nueces River Irrigation Park Annex No. 2 , being the north 0.5001 acre out of Lot 1, located on the south side of Riverwood Road, approximately 300 feet northwest of Farm -to -Market Road 624. City Secretary Chapa said the Planning Commission and staff recommended approval of the "R -1B" District for all four of the zoning requests. No one appeared in opposition to the zoning changes. A motion was made and seconded to close the public hearing, and it passed unanimously. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 023137 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the newly annexed 0.5001 acre tract, designated as Lot 1 B, out of Annex No. 2 to the Nueces River Irrigation Park, Lot 1, by zoning as "R -1B" One -family Dwelling District. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo absent. 14. Case No. C1097 -10A. City of Corpus Christi: Zone newly annexed area to an "R -1B" One - family Dwelling District on the Mariano L. De Herrera Grant, being 7.997 acres of the newly annexed area, including a 1.517 acre tract, now or formerly owned by Ross Langham, and a 6.48 acre tract, now or formerly owned by J. G. Haldeman, Inc., located between East Riverview Drive and Calaveras Drive, north of Dry Creek Drive. ORDINANCE NO. 023138 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the Mariano L. De Herrera Grant, being 7.997 acres of the newly annexed area, including a 1.517 acre tract, now or formerly owned by Ross Langham, and a 6.48 acre tract, now or formerly owned by J.G. Haldeman, Inc., by zoning Minutes Regular Council Meeting November 18, 1997 Page 28 as "R -1B" One -family Dwelling District. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo absent. 15. Case No. C1097 -11A. City of Corpus Christi: Zone newly annexed area to an "R -1B" One - family Dwelling District on the Mariano L. De Herrera Grant, being 5.46 acres of the newly annexed area, now or formerly owned by J. G. Haldeman, Inc., located north of Guadalupe River Drive and east of Wood River Drive. ORDINANCE NO. 023139 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the Mariano L. De Herrera Grant, being 5.46 acres of the newly annexed area, now or formerly owned by J.G. Haldeman, Inc., by zoning as "R - 1B" One -family Dwelling District. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo absent. 16. Case No. C1097 -12A. City of Corpus Christi: Zone newly annexed area to an "R -1B" One - family Dwelling District on the Mariano L. De Herrera Grant, being 18.06 acres of the newly annexed area, including a 8.76 acre tract, now or formerly owned by J. G. Haldeman, Inc., and a 9.30 acre tract, now or formerly owned by Wood River Property Investment, Inc., located east of Santa Gertrudis and Beal Drives terminus and south of the Nueces River. ORDINANCE NO. 023140 Amending the Zoning Ordinance upon application by the City of Corpus Christi, by changing the zoning map in reference to the Mariano L. De Herrera Grant, being 18.06 acres of the newly annexed area, including a 8.76 acre tract, now or formerly owned by J.G. Haldeman, Inc., and a 9.30 acre tract, now or formerly owned by Wood River Property Investment, Inc., by zoning as "R -1B" One -family Dwelling District. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo absent. ********** * * * Minutes Regular Council Meeting November 18, 1997 Page 29 Mayor Neal called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 17 through 19, and Council members did not request that any items be withheld for discussion, nor were there any comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 17. M97-339 Motion approving the purchase of two microfilm reader/printers from Racom Information Technologies, Houston, Texas for a total of $17,943.50. This purchase is made through the State's Cooperative Purchasing Program. The equipment will be installed in the Central Library and is included in the approved Capital Outlay List for FY 97-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. 18.a. M97-340 Motion authorizing the City Manager or his designee to accept a Major Urban Resource Libraries grant in the amount of $40,502 during state fiscal year 1998 and to execute a contract and all related documents with the Texas State Library and Archives Commission. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. 18.b. ORDINANCE NO. 023141 Ordinance appropriating $40,502 from the Texas State Library and Archives Commission - Major Urban Resource Library Grant in the No. 162 FederaUState Grants fund to provide for non-residents use of the collections and reference services without charge during state fiscal year 1998. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. Minutes Regular Council Meeting November 18, 1997 Page 30 18.c. M97-341 Motion authorizing the City Manager or his designee to execute an agreement with EBSCO Publishing in the amount of $41,000 for an Internet periodical subscription service. The term of the agreement is for one year with an option to extend for one additional year subject to the approval of the City Manager and the supplier. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. 19.a. ORDINANCE NO. 023147 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with D & F Partnership, the developer of Crosswind Estates Unit 1, for payment in an amount not to exceed $48,547.53 for pavement improvements to Bison Drive and Sara Lynn Parkway in accordance with the Platting Ordinance, for area drainage construction and parkway improvements. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. 19.b. ORDINANCE NO. 023143 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Tucker Family Investment Three Limited Partnership, the developer of Cimmaron Ranch Unit 1, for payment in an amount not to exceed $109,976.24 for pavement section improvements to La Salle Drive, Rock Crest Drive, and Mitra Parkway in accordance with the Platting Ordinance, for area drainage construction and parkway improvements. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, Martin, and Neal voting "Aye"; J. Longoria and McNichols absent. * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071, regarding claims by Jerri Moreno and Deidera Cook, with possible action thereon in open session. The Council went into closed session. Minutes Regular Council Meeting November 18, 1997 Page 31 The Council returned from closed session. Mayor Neal made the following motion, seconded by Council Member Cooper: M. M97-342 Motion authorizing the City Manager to execute settlement documents in connection with the claim by Jerri Moreno, et al, and the claim by Deidera Cook, et al, for $80,000 each, in accordance with the agreement reached by the city's attorneys. 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 called for the City Manager's report. Mr. Hennings said the Council is interested in the process used to hire consultants, and requests for proposals were sent out on the seawall investigation project. He said that the deadline for those RFPs is November 19, 1997 at noon and on November 21st the evaluation committee will meet to receive copies of the proposals and an explanation of their assignment. He said if any of the Council members would like to attend and observe that they would be welcome. The committee is scheduled to meet again on November 26th to discuss the proposals and develop a "short list." Council Member John Longoria asked if the money for that study needed to be reappropriated, and Mr. Hennings said it would be on next week's agenda. Mr. Hennings said that on November 24th there will be a press conference at City Hall to announce the Safe Holiday Driving Campaign. Next week the boat tour of the port is scheduled, and items scheduled for the Council meeting include the follow-up report on the funding from the sale of land for the federal courthouse and the other funding associated with the Gateway Project; the presentation on the capital needs at the airport; and the first quarterly review of the FY 1997-98 budget. He said they are also attempting to arrange a presentation of the desalination study for next week; if not, it will be held during one of the December Council meetings. He added that staff is beginning stormwater quality management training with local contractors' groups on November 20th, and a 10 -minute video that is part of that training will be shown at the conclusion of the Council meeting. Mayor Neal said the Council needed to appoint members to the Stormwater Advisory Committee, and he encouraged them to submit names. City Secretary Chapa asked the Mayor if he wanted to make those appointments on December 9th, and the Mayor agreed. Minutes Regular Council Meeting November 18, 1997 Page 32 The Mayor then opened discussion on the process of selecting a new City Manager. He said it is critical that the Council have nine solid votes on how they are going to handle the process and adhere strictly to that process. Council Member Martin said he agreed with the Mayor that the Council come together on the process. He said that he understood that the Mayor was introducing the subject, and he suggested that a full discussion be held at the start of a Council meeting to talk not only about the process but also about the criteria. Mayor Neal agreed that the Council was not going to be making a decision on it at that time. He then asked City Attorney Bray to verify that the Council cannot discuss the City Manager selection process in closed session, and Mr. Bray concurred, saying that the closed session was reserved for evaluation of the candidates. Council Member Gonzales said he agreed with Mr. Martin to hold the discussion at the beginning of a Council meeting in the Council chambers. Mr. Martin suggested that it be the first item on the agenda. Council Member Garcia thanked Mr. Hennings for the years of commitment he has given to the city, and he said he has enjoyed working with him. Mr. Garcia said in order to avoid mistakes that were made during the previous City Manager search, he would ask Mr. Chapa to recap the process that the previous Council went through as well as to review the criteria that was established. He said the Council had a responsibility to allow everyone who lives in this community to apply for the City Manager position, including city staff. Mayor Neal said those were issues that the Council needed to discuss further at the beginning of a Council meeting, and he suggested that the November 25th Council meeting begin at 1:30 p.m., and there was concurrence of the Council. The Mayor also referred to a memo from Mr. Hennings about the possibility of conducting a disparity study. He said he has had a number of discussions recently with Mr. Jorge Anchondo, a senior research scientist with the LBJ School of Public Affairs in Austin, who was instrumental in a disparity study that was conducted for the Regional Transportation Authority. He said Mr. Anchondo would like to meet with the Council to discuss that with the Council at no charge, and unless anyone had objections to that the Mayor thought they should take advantage of Mr. Anchondo's offer. He asked Mr. Hennings to follow up on that. The Mayor also pointed out that the Council needed to make appointments to the Crime Control District board. Mr. Martin asked if a police command officer was eligible to serve. Mr. Bray replied that he thought he should talk with the Attorney General's Office about that because it was a gray area. Dr. Gonzales asked if it would be better to talk privately with Mr. Bray about his possible candidate, and Mr. Bray said he would be glad to discuss it with Dr. Gonzales. Mayor Neal asked Mr. Bray about the timeframe for appointing the crime control board members, and Mr. Bray said there is nothing that says the Council has to appoint them within a Minutes Regular Council Meeting November 18, 1997 Page 33 certain time, but it was a matter of issues that they needed to begin addressing, including their budget. Council Member Capelo asked Mr. Hennings if he had talked with Chief Alvarez about using the newly appointed crime control board to be the advisory board on a police grant. Mr. Hennings said they had discussed it and since the timetable was tight, it did not lend itself to that. Mr. Capelo asked if they appointed the crime control board next week if that would give them enough time to work on the grant, and Mr. Hennings said he thought they could postpone the process for a few weeks. City Secretary Chapa explained that the Council would need to submit names for the crime control board to him in writing, and once that is done and the names are on record, that individual is appointed and he will, in turn, inform the Council of who were the appointees. Following a brief discussion, it was concluded that the Council should submit their names to Mr. Chapa by 5 p.m. on November 24, 1997. Mayor Neal said the Council needed to move forward on the recommendation for the RFP for the comprehensive study of the Police Department. Mr. Hennings said staff will hold up on proceeding with the grant for the police vehicles on the assumption that the crime control board will be officially appointed by next Tuesday. He said they will try to schedule a meeting next Wednesday on the grant. And staff plans to bring a draft of the RFP for the Police Department study on December 9th. The Mayor said that by December 9th he wanted to have recommendations from Mr. Hennings or from Ms. Susan Cable's office on how to proceed either with the questionnaire or the performance review. Mr. Hennings referred to his memo on the subject, and said they are suggesting that they do a survey similar to what was conducted three years ago. He said they could identify some areas where they would use focus groups to follow up, and then pick one area of service for a more indepth review. He said if that is agreeable with the Council, then they will proceed along those lines and bring them a proposal to go out to consultants. Mayor Neal said it was agreeable to him if it was with the rest of the Council. The Mayor also referred to the year 2000 computer situation. Mr. Hennings said the deadline for proposals was November 17th, and he named some of the firms who responded. He said they are in the process of retaining an outside consultant to give the city advice on the process it is using and to help in evaluation of the proposals. He suggested that the Council reactivate the Administrative Analysis Committee to work with staff as they go through the process. Mr. Hennings said Council Members John Longoria, Betty Jean Longoria and Dr. McNichols were on that committee. Mayor Neal said he would like to add Mr. Garcia to that committee as well. The Mayor said the equipment note funding program also needed to be brought to the Minutes Regular Council Meeting November 18, 1997 Page 34 Council soon, as well as an update on the City Hall study. Mr. Hennings said they would ask Mr. Mike Terry to talk to the Council about that in closed session, and the Mayor asked that that be scheduled for next week. He then called for Council concerns and reports. Mr. Martin asked Mr. Bray to give the Council a brief memo on the crime control board appointments. Mr. Bray said just the appointee's name in writing was required. Mr. Martin asked what the rule is on the appointees being able to appoint alternates. Mr. Bray said each member except the chair and vice chair of the committee have a right under the statute to appoint alternates. Mr. Martin asked if his right to appoint someone was also a unilateral right to remove without cause, and Mr. Bray said it was. Mr. Martin said he thought it was important that the Council appoint the members, not the members appointing the members. Mr. Martin also referred to an item in the newsletter of the Corpus Christi Independent School District, which pointed out that the district has increased their reserves from 18% to over 40%. He said if the Council did not object he also thought staff should consider forming a specialized unit in the Police Department to handle rape situations, which he described. Mr. Capelo said he wanted to use his Council comment time to allow Mr. Michael Terry to give the Council an update on the litigation in the northside area, particularly the Oak Park buy-out proposal. He distributed copies of several documents he had selected from documents that have been made public on the issue. Mr. Terry said if the proposals are accepted, they will affect many citizens and the city as well. He described the documents he had distributed, and he said it is his impression that this settlement will go forward, and he hopes that it will be accepted by a majority of the residents. He said this was for the Council's information only and he did not know of any action that the city was expected to take right now. Mr. Garcia said he wondered if there was a way that citizens' concerns could be more adequately responded to, and Mr. Hennings said staff would review that. Mrs. Cooper reported on her trip as part of a Sister City delegation to Keelung City, Taiwan, and she said they wanted to make a presentation of a gift from the people there to Mayor Neal. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 8:00 p.m. on November 18, 1997. * * * * * * * * * * * * *