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HomeMy WebLinkAboutMinutes City Council - 12/09/1997I 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 December 9, 1997, which were approved by the City Council on December 16, 1997. WITNESSETH MY HAND AND SEAL, this 16th day of December, 1997 Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 9, 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 Dr. Tom Huser, Pastor, First Presbyterian Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Gonzales. City Secretary Chapa called the roll and verified that the necessary quorum of the Council was present. Mayor Neal asked if City Attorney Bray needed to be present to conduct the meeting. City Manager Hennings left the meeting momentarily, upon which he and Mr. Bray returned to the Council meeting. The Mayor then declared the meeting open, and called for approval of the minutes of the regular Council meeting of November 25, 1997. There being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * Mayor Neal referred to the commitee appointments on the day's agenda, and the following appointments were made: Storm Water Management Advisory Committee Pam Baker Henry Nuss William Bates Joe Ortiz Eddie Garcia Mike Pulsey Willard Hammonds Ted Stephens William Holland Dan Winship Claudia Lobell Minutes Regular Council Meeting December 9, 1997 Page 2 * * * * * * * * * * * * * *Council Member Cooper arrived at the meeting at 2:05 p.m. Mayor Neal referred to the presentations on the day's agenda. The first was the presentation of the 1997 Texas Emergency Medical Services Public Provider Award to the Corpus Christi Fire/EMS Department. Mr. John Murray, EMS Director, accepted the award on behalf of the staff, and he noted that Fire Chief J.J. Adame was not able to be present because he was attending a meeting out of town. The next presentation was made by Mr. Billy Parks, District Engineer of the Texas Department of Transportation (TXDOT) on area transportation projects. Mr. Parks commented on a meeting that was held a few days ago in Corpus Christi with U.S. Sen. Phil Gramm and TXDOT Commissioner Robert Nichols that was also attended by Council Member Cooper and Aviation Director Bonnie Allin. He said the proposed Byrd -Gramm bill will take the 4.3 cent per gallon federal gasoline tax (that has been used by the government for deficit reduction) and put it into the Federal Highway Trust Fund, which he explained. Mr. Parks said the transportation network in the 10 -county area of the TXDOT Corpus Christi District will drive the economy in this region. He said this area is in the "neck" of the NAFTA "hourglass," which will incorporate US 59, US 77, and US 281, along with the upcoming Interstate 69. Mr. Parks also reviewed the status of the following transportation projects in the Corpus Christi area. Those in the planning stages are: JFK Causeway; Northside road and rail corridor; State Highway 286/SH 358 interchange project and development of main lanes from SPID to Saratoga; Crosstown Expressway rehabilitation; and Spur 3 (Ennis Joslin Road), Phase II from SPID to Ocean Drive. Projects that are currently under construction are: Holly Road from Rodd Field Road to Everhart; Greenwood Drive; Spur 3 from the Ocean Drive/Alameda intersection past the entrance to Texas A&M -Corpus Christi; US 77 from Texas -Mexican Railroad overpass in Robstown to 3.45 miles north; and SH 44 from west of FM 1964 to west of Clarkwood. He added that the contract for the ramp and frontage road rehabilitation project on IH -37 will be let in March 1998. Mr. Parks then discussed a project on South Padre Island Drive that will involve adding lanes at some of the major frontage road intersections. He said the project, which was awarded to Haas - Anderson Construction of Corpus Christi, originally would have impacted citizens during three Christmas shopping seasons, but it has been reorganized so as just to affect one season (1998); the scheduled completion date is prior to Fall 1999. The addition of lanes on the SPID frontage roads at the major intersections will greatly improve the flow of traffic there. Responding to several questions from Mayor Neal, Mr. Parks said that the Metropolitan Planning Organization (MPO) consists of several entities: San Patricio County, Nueces County, City of Corpus Christi, City of Portland, Regional Transportation Authority, Port Authority, and TXDOT. Minutes Regular Council Meeting December 9, 1997 Page 3 He explained the long time period that is involved in spending the monies that are allocated for transportation projects in this area. Mr. Parks also further discussed specific aspects of the SPID/Crosstown interchange project. He noted that the last legislative session established a state infrastructure bank whereby the City of Corpus Christi could borrow money to construct transportation projects at a good interest rate. Mayor Neal also commented on the need to maintain cleanliness on the city's major roadways --specifically SPID and Crosstown --and Mr. Parks acknowledged that it is TXDOT's responsibility to do that, which he explained. Council Member McNichols described how frustrating it is to have been on the City Council for seven years and to not be able to get some of these major transportation projects completed. He discussed the Kennedy Causeway project, and he said they should try to seriously consider the toll - road concept. Mr. Parks commented that that issue will continue to be discussed. Council Member Betty Jean Longoria asked for additional information on the Leopard Street project. Mr. Parks said that TXDOT permited city staff to prepare plans for that project, and TXDOT will let the contract and monitor the construction. Council Member Cooper complimented the TXDOT staff on the information they provided during the meeting with Sen. Gramm. Council Member Gonzales asked about TXDOT's mowing schedules along Crosstown Expressway. Mr. Parks replied that they try to mow those areas seven times a year, but due to budget constrictions, sometimes pothole repairs and roadway maintenance take precedent over mowing requirements. Responding to Council Member Garcia, Mr. Parks further discussed the newly established loan process for transportation projects. * * * * * * * * * * * * * Mayor Neal opened discussion on Item H., consideration of the selection process for a new City Manager. City Secretary Chapa said the Council had asked him to provide them with a list of executive search firms. He said he contacted the National League of Cities, Texas Municipal League, and the International City Managers Association, and they provided the names of about 30 different firms. In addition, he said two firms that were not on those organizations' lists contacted him directly and expressed interest. Mr. Chapa said that in order to narrow the number of search firms for the Council's consideration, he contacted them directly; as a result, the Council was provided a packet Minutes Regular Council Meeting December 9, 1997 Page 4 with information from eight firms that have expressed interest and that have experience in conducting executive searches in the southwestern United States. Mayor Neal said he had examined the information provided and noted that some of the eight firms listed seemed to be more qualified in providing the services needed in Corpus Christi's city manager selection process in that they had experience in the southwest and Texas regions. He said that as a starting point, he would like the following firms be considered: The Par Group, Norman Roberts & Associates, and Slavin Management Consultants. Council Member Martin said that while six of the eight firms listed were probably technically qualified, he suggested in order to expedite the process that the Council select three firms to submit proposals and to make a presentation to the Council. Council Member Garcia said he thought Ralph Andersen & Associates and David M. Griffith & Associates should be included on the list. Responding to Council Member Betty Jean Longoria, Mr. Chapa said the Mercer Group had previously worked with the City of Corpus Christi in providing the Mercer Study, and the Oldani Group had worked with the city in the selection of former City Manager Craig McDowell. Council Member McNichols said the study that the Mercer Group provides is one aspect of their services, and they are a nationally recognized company with regard to executive searches. He asked that the Mercer Group be included on the list. Council Member Cooper said she wished to include the firm of Jensen, Oldani & Cooper (no relation) on the list of candidates. As a result of the Council members' comments, the list of seven firms being discussed was as follows: The Par Group, Norman Roberts & Associates, Slavin Management Consultants, Ralph Andersen & Associates, David M. Griffith & Associates, The Mercer Group, and Jensen, Oldani & Cooper. In reply to Mayor Neal, Mr. Chapa said that during the last city manager selection process, they sent the search firms a request for proposals via fax and the firms sent their proposals within a week. He said they could use that process again and he could provide the Council with the proposals by the December 23rd meeting, and then have three firms make presentations to the Council on January 6, 1998. Mr. Martin said he did not think the firms would be providing that much additional information than what they had already sent. Council Member John Longoria said it was important that the request for proposals state that the individual who would be making the presentation would be the person actually conducting the search. Dr. McNichols suggested that all seven of those listed be invited to make presentations to the Council, and Council Members Gonzales and Betty Jean Longoria concurred. Minutes Regular Council Meeting December 9, 1997 Page 5 Following additional discussion, Mr. Garcia made a motion to pick three of the seven executive search firms identified by the Council that day and ask them to make a formal presentation before the City Council; Mr. Martin seconded that motion. City Secretary Chapa polled the Council, and the motion failed to pass by the following vote: Garcia, Martin, and Neal voting "Aye"; Capelo, Cooper, Gonzales, B. Longoria, J. Longoria, and McNichols voting "No." Dr. Gonzales made a motion that the Council ask the seven identified executive search firms to submit written proposals, which will be reviewed by the Council in two weeks, and for the Council to select three firms from those seven to make formal presentations before the Council. The motion was seconded by Mr. Martin. City Secretary Chapa polled the Council for their votes as follows: H. M97-354 Motion that the Council ask the seven identified executive search firms to submit written proposals, which will be reviewed by the Council in two weeks, and for the Council to select three firms from those seven to make formal presentations before the Council. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." * * * * * * * * * * * * * Council Member Cooper, Chairperson of the Mayor's Task Force on Youth Violence, presented four grants in the amount of $1,250 each to the following grassroots youth -oriented organizations: NAACP Youth Council, Northside Meals for Kids, Street City Youth Outreach, and Pan American Golf Association. Mrs. Cooper also announced a program entitled "Clean Up for Christmas" to encourage citizens to clean up their neighborhoods, and she said there will be a cleaning effort on Angela Street in the Molina area on December 13th. City Manager Hennings said staff had just received two letters from the applicants of the following zoning cases stating that they were withdrawing their zoning cases from consideration: Item 12 on the day's agenda, Case No. 1197-2, PEI Properties, Inc.; and Item 13, Case No. 1197-1, DHS Enterprises, L. P. ************* Mayor Neal called for petitions from the audience. Mr. Glynn Pugh, 725 Harrison, asked the Council to consider having a city -owned Minutes Regular Council Meeting December 9, 1997 Page 6 distribution system for electricity. He said he did not have enough time in the period allotted to discuss all the advantages of such a system, but he said he had prepared information regarding it, and he added that the Corpus Christi Taxpayers Association recommends it. He added that both San Antonio and Austin have such systems in place. He urged the Council to have an open workshop session to discuss this issue. Council Member McNichols pointed out that the media had incorrectly reported that the Council would be addressing an analysis of the electrical system in open session during the day's Council meeting. Mr. Hennings said the item on the agenda was a closed session briefing by the attorney, it was not an action item which was what the newspaper had reported. Mr. John Hartley, 3925 Sandy Hollow, said he agreed with Mr. Pugh about the electrical system. He also asked what reports the city had received from the Blucher Institute regarding salinity levels in the bay and estuary, as well as results of the lobbyists' efforts in Austin and/or Washington. Mayor Neal said the lobbists in Austin and Washington provide services with regard to deferred debt payments on Choke Canyon, Garwood, the effluent diversion project, and other issues. He said each one of those issues has been discussed at great length by this Council and previous Councils, and he said he has been pleased with the results he has witnessed from the lobbyists since his tenure as Mayor began. Mr. Leon Perez, 904 Buford, said some of his relations in Aransas Pass believe that Corpus Christi is trying to hurt their shrimping businesses by requiring turtle -excluder devices on their nets. Mayor Neal told Mr. Perez that Corpus Christi did not have anything to do with those devices. Mr. J.E. O'Brien, 4130 Pompano, said that a recent news item on the "scoping" sessions that were held on the proposed transfer of Lake Texana from the Bureau of Reclamation to Lavaca- Navidad River Authority (LNRA) quoted Mayor Neal as stating that the city had not taken a position on those scoping sessions. He said the article also stated that Mr. James Dodson, Regional Water Director, said the city supported the transfer. He said it raises a question of who was setting policy. Mr. O'Brien also gave the Mayor a copy of the financial statements from 1996 and 1997, and he discussed the dramatic increase in revenue bonds in one year's time. He said the financial statement also reported that Standard & Poor's had lowered the city's general obligation bond rating due to the decline in the General Fund balance, and he said that for several years it has been said that the city's bond rating has been affected by the tax cap. He also quoted from the introduction of a taxpayer's reform program for the '90s put out by the Citizens Against Government Waste. Mayor Neal addressed several of Mr. O'Brien's comments. He said he had discussed the newspaper article about the scoping meetings with Mr. Dodson, and part of it had to do with him not having a full understanding of the scoping meetings. He said they also discussed how they will release information in the future. The Mayor said there have also been many open discussions about problems with the budget and about what the Council has done during the last budget process to bring the city's reserves back up to an acceptable level. He said the Council has adopted a financial plan that does that over a relatively short number of years. Minutes Regular Council Meeting December 9, 1997 Page 7 Mr. Neal Trolinger said he attended two scoping meetings regarding Lake Texana, one of which took place in Edna, Texas. He said two citizens from Corpus Christi walked into the room and he said the director of LNRA complained to the Bureau of Reclamation that he did not want those citizens from Corpus Christi to speak. Mr. Trolinger said there is a rumor in Washington and Austin that Mr. Dodson has approached three cities in the Valley --McAllen, Brownsville, and Laredo --to sell the water to which Corpus Christi is contracted. He also said that the economic development plans for Jackson County include resort real estate development up to the shoreline of Lake Texana. He said he was told that is the main purpose for the request to transfer title from the Bureau. He said there are questions raised that should development occur there, would the residents override Corpus Christi's ability to draw water from Lake Texana. He said the Council should request that the Bureau of Reclamation hold a scoping meeting in Corpus Christi. Mayor Neal asked Mr. Trolinger to repeat one of the comments he had made. Mr. Trolinger reiterated that he was trying to follow up on a rumor that Mr. Dodson had approached three cities in the Valley regarding selling Corpus Christi's Lake Texana water. Mayor Neal asked who gave Mr. Trolinger that information, and Mr. Trolinger said he would not disclose any names, but he said a congressional committee member told him that. Council Member Gonzales objected to Mr. Trolinger making accusations without citing his sources. He said citizens should provide the right information so that he and the Council can investigate their concerns. Mr. Dodson stated that there have never been any discussions between the City of Corpus Christi, either by himself or any other staff member, with any of the cities named by Mr. Trolinger about any sale of water. He said he had no idea where that information could have come from. Mr. Phil Rosenstein said he agreed with Dr. Gonzales' suggestion about eliminating the sales tax on gas and electricity. He commented on the amount of poverty in this city. Mr. R.F. Hasker, 1813 Wallace, criticized Central Power & Light, saying they have been overcharging the ratepayers and he said if the Council has any recommendations about electric service, CPL should not be the company selected. * * * * * * * * * * * * * Mayor Neal called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 4, proposed FY 1997-98 capital budget. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, discussed some of the changes that resulted following the October 18, 1997, staff presentation to the Council on the Minutes Regular Council Meeting December 9, 1997 Page 8 capital budget: an addition of $500,000 to the Minor Storm Drainage category; reduction of the budget on the Gateway Project; changing the project designation of the Southside/Southeast Senior Center; and retention in the appropriate categories of the Community Progress Partnership projects that related to city facilities. He said the total capital budget for FY 1997-98 is $75,729,800. City Manager Hennings pointed out that by adopting Item 4, the Council would be approving the capital budget as shown on pages 2-5 of the capital budget book. Mayor Neal pointed out that the city's capital budget fiscal year coincides with the city's fiscal year, and he noted that they were now four months into the FY 1997-98 capital improvement program (CIP). Mr. Crull replied that for some of the projects in the water and wastewater areas, they have been advancing money from the Utility Fund reserves with the intent of reimbursing that at the time the capital budget is approved and the commercial paper program is underway. Mr. Crull also replied to the Mayor's specific questions about financing the program. Mr. Hennings also explained that staff has built into the city's debt model the assumption that there will be 6% rate increases and annual programs of this magnitude. He said that every year they will have to review the current year's needs, and he agreed that needed to be done in the spring at the same time they consider the operating budget, as well as address the following year's needs. He said two sources of income are being used: the cash revenues to the utility system and the fund balance in the Utility Fund, which is in excess of what it needs to be. Mr. Hennings said that over a period of years that fund balance will be drawn down to the level where it ought to be, which is part of the long-range plan. Responding to a question from the Mayor, Mr. Hennings said the bond rating agencies examine the city's Utility Fund balance for the rating on the revenue bonds, but they do not have any affect on the General Obligation bond rating. Mayor Neal asked Mr. Crull to describe proposed stormwater capital projects that will address specific concerns raised by the Council members and citizens with regard to flooding. Mr. Crull explained that the Minor Storm Drainage category involves adding inlets, replacing curb and gutter, installing additional pipe, and other measures that will help improve the drainage efficiency of the system. He said staff has determined that the following areas are a high priority for drainage improvements: Wood River; Crossroads Shopping Center near Airline and McArdle; some areas in Flour Bluff (including along Matlock Street and Caribbean Drive); around St. Andrews and Holly; Kostoryz Road north of Padre Island Drive; Brighton Village subdivision; and the industrial area near Saratoga and Chapman Ranch Road. Mr. Crull said the engineering work for other stormwater projects, such as the downtown area, are also included in the capital improvement plan and had been previously identified, either as a result of earlier storms or the large rain event that occurred in April. Responding to a question from Mayor Neal, Mr. Crull said the only General Obligation bonds that will be needed in the next two Minutes Regular Council Meeting December 9, 1997 Page 9 years will be for streets, parks and recreation, public facilities, and public health and safety. Council Member McNichols commented on the funding mechanisms for the CIP that have been put into place over the last few years, and the enormity of the capital needs themselves and how changing the priority of certain projects affects other necessary projects. Mr. Crull pointed out that the FY 1998-2002 CIP is staff's estimate of the projects that need to be completed and the timing for them as well. He said they recognize that if they do go forward with a capital improvements program in a bond election, there will have to be much input from the Council, Planning Commission and public to further refine the priorities. Dr. McNichols asked Mr. Crull to elaborate on the nature of the airport funding. Mr. Crull explained that the airport is a totally self-sufficient enterprise fund and no general tax revenues go toward the airport. The airport's funding sources are grants, operating funds (landing fees, gate rentals, etc.), and passenger facility charges. Mr. Hennings referred to specific areas in the CIP booklet in which a future bond program has been identified as a funding source for projects in streets, parks and recreation, public facilities, and public health and safety. Responding to Council Member Gonzales, Mr. Hennings said there were about 11 city government projects in the Community Progress Partnership, and the information about those projects (cost estimates, descriptions) were identified in the long-range CIP as future needs, but no funding sources or timetables were identified for them. Mr. Crull and Mr. Hennings also responded to Dr. Gonzales' question about the Texas State Aquarium waterfront infrastructure project. Mr. Crull added that the sales tax on the utilities goes into the General Fund. Council Member Martin asked if the fund balance in the Utility Fund was being used this year to fund projects. Mr. Hennings replied affirmatively, saying that staff has made a five-year projection of the ending fund balance in the Utility Fund, and there will continue to be a decline until it reaches a certain percentage of the annual expenditures (about 5%). He said the long-range plan is designed so that it uses the current cash flows and that portion of the fund balance that is in excess. Mr. Martin said the Council should adopt a policy regarding the fund balance in the Utility Fund before they adopt next year's capital improvement program. Mr. Martin asked if there was any specific assumption made about the airport terminal in the CIP, and Mr. Crull said the plan covers both scenarios. Mr. Martin also asked if future 6% increases were necessary to support the debt load being created by the actions the Council would be taking that day. Mr. Crull said the 6% rate increase would cover the current capital projects, but in order to complete the projects included in years 2 through 5 and beyond in the long-range plan, the 6% rate increase would need to continue. Responding to another question from Mr. Martin, Mr. Crull said the next area of streets to be included in the Community Development Block Grant program are in the Southmoreland area, Minutes Regular Council Meeting December 9, 1997 Page 10 which is south of Del Mar College between Ayers and Naples. In reply to Council Member Betty Jean Longoria, Mr. Hennings and Mr. Crull discussed plans for improvements on Omaha Street and Hopkins Road, which will impact the Gateway Mobile Home Park. Mrs. Longoria also asked about improvements to a youth sports park that will be developed in the northwest area on donated land from OxyChem. Mr. Crull said that other than the proposal on the day's agenda regarding that issue (Item 8), there were no funds in the CIP for that park. He said the intent was that the city would provide the basics and the youth sports organizations that would lease that property would provide some of the infrastructure and playing fields. Council Member McNichols commented on the many infrastructure needs in the wastewater system, and the purpose of having a combined 6% utility rate increase. In response to Dr. McNichols' request, Mr. Crull explained the process of the voluntary paving program, and a brief discussion ensued. Mayor Neal then 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 Approving the FY 1997-98 Capital Budget in the amount of $75,729,800. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Mayor Neal asked staff, sometime after the first of the year, to provide additional details on the projects that will be funded by the $600,000 in the Minor Storm Drainage category. He said he would also like to have a capital improvements progress report at least every other month, similar to the reports on the Wesley Seale Dam, the airport, and other major projects. * * * * * * * * * * * * * Mayor Neal deviated from the regular agenda and opened discussion on Item 8, interlocal agreement with Nueces County. He noted that Nueces County Commissioner Frank Schwing was in attendance in order to address that item. Council Member Betty Jean Longoria said she and Commissioner Schwing have been working on this project, and Council Members Gonzales and Garcia also attended some of their planning meetings. Commissioner Schwing briefly explained the history of the project. He said he and Mrs. Minutes Regular Council Meeting December 9, 1997 Page 11 Longoria were approached by OxyChem about the possibility of donating about 32 acres if the city and the county would dedicate some funds to use the land for youth sports activities. He said the deed was eventually signed and the property is now jointly owned by the city and the county, and it is the intention to use the field for youth baseball, football and soccer. Mr. Schwing said the county has donated funds to build a Pony League baseball park for children ages 5-12, as well as a parking lot. In addition, the item on the day's agenda involves constructing the road that will lead to the park. Mrs. Longoria pointed out that, having just completed the discussion of the capital budget, it is evident that there are limited funds for such things as developing this donated land into a youth sports park. She said it has been through the cooperation of the city and county that progress is being made. She also thanked Mr. Tom Utter, Assistant City Manager for Development Services, and Mr. Malcolm Matthews, Director of Park and Recreation, for their assistance. Responding to Council Member Garcia, Mr. Matthews said the only funds that are being donated at this time are from the county to install the temporary caliche road. At this point, the city is not being asked to participate financially; however, through the platting process the city will have to ensure that a permanent roadway is built that meets city specifications. Mr. Hennings said the law requires that before water service can be extended to the park property, it must be platted, and at this time there is no agreement as to who will pay for that and with what funds. Mr. Garcia asked if the county would be able to install a better quality road. Mr. Schwing replied that he did not think that would be possible because the road is located within the city's easement. He said the road will not be a through road --it is only meant to provide access to the youth sports activities park. Mr. Hennings pointed out that the normal process of development would be for the adjoining property owners to pay for the construction of the street; located on one side is OxyChem and on the other side are several private owners. He said that is being accelerated through the county's participation in the building of this road so it can be used before those property owners decide to develop, plat and pay to construct the street. He said it is not the city's responsibility to build the street --it is the property owners' responsibility when they develop. Council Member Martin said that after the county has constructed the caliche road, at some point the city may want to finish the county road section because then there will be no requirement at the time of platting for curb and gutter, etc. He said they also need to make sure the private property owners are not relieved of their responsibility. Mr. Hennings said this road does not abut the jointly owned park but rather it leads to it, so the abutting property owners are not the city and county. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting December 9, 1997 Page 12 8. RESOLUTION NO. 023159 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with Nueces County for road construction within the existing Haven Road right-of-way adjacent to jointly owned City of Corpus Christi and Nueces County property which is to be used for recreational purposes. The foregoing resolution passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Capelo and Cooper absent. * * * * * * * * * * * * * Mayor Neal returned to the regular agenda and opened discussion on Item 5, purchase of police package sedans. He then called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 5.a. ORDINANCE NO. 023157 Ordinance appropriating $583,157 from the U.S. Department of Justice, in the No. 162 Federal and State Grants Fund to purchase police package vehicles and non -police package vehicle for use by field patrol and investigators; transferring $64,795 from the No. 111 Law Enforcement Trust Fund and appropriating it in the No. 162 Federal/State Grants Fund as the City match for the vehicle purchases. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. 5.b. M97-355 Motion approving the purchase of 58 Police Package Sedans in accordance with BI -0038-98 from Padre Ford, Corpus Christi, at a unit price of $20,290, total expenditure of $1,176,820 based on only bid. 35 units are included in the 1997-98 Maintenance Services Fund Capital Outlay and 23 units from the 1997 Law Enforcement Block Grant. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Gonzales and Martin absent. * * * * * * * * * * * * * Minutes Regular Council Meeting December 9, 1997 Page 13 Mayor Neal opened discussion on Item 6, FY97 Weed & Seed program. He then called for comments from the audience, and there were none. Responding to Council Member John Longoria, Mr. Utter said the Weed and Seed sites have been greatly expanded, which he illustrated using a map. As a result, additional staff will be needed to operate the sites as well as the safe havens. Mr. Longoria requested written information about the different agencies that have signed contracts with the city to provide services in that area. He said that information will be helpful in informing the public about the services available. Mr. Utter recognized Mr. George Hodge, Weed & Seed coordinator, and Cmdr. Bryan Smith from the Police Department who were present. He said the Weed and Seed program has been named by the U.S. Department of Justice as one of the outstanding such programs in the country. Council Member Cooper complimented Mr. Hodge and Cmdr. Smith for their efforts, not only with Weed & Seed but with other projects as well. City Secretary Chapa polled the Council for their votes as follows: 6.a. M97-356 Motion authorizing the City Manager or his designee to execute all documents necessary to accept a $300,000 Weed and Seed Grant awarded by the Office of Justice Programs, U.S. Department of Justice to support activities of the Weed and Seed Program. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin absent. 6.b. ORDINANCE NO. 023158 Ordinance appropriating a FY 97 Weed and Seed Grant in the amount of $300,000 in the Federal/State Grants Fund No. 162 received from the U.S. Department of Justice to support activities of the local Weed and Seed Program by the Department of Housing and Community Development. An emergency was declared and the foregoing ordinance passed 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 7, amendments to the Compensation and Classification Plan. He called for comments from the audience, and there were none. Minutes Regular Council Meeting December 9, 1997 Page 14 Responding to Council Member Garcia, Mr. Hennings said that in September 1996 the work schedule for the public safety officers at the airport was changed to a 24-hour schedule, and the Compensation Plan needs to be amended that will make the leave provisions equitable because they are on a 24-hour shift rather than an 8 -hour shift. It will also reduce the requirement for overtime pay according to the Fair Labor Standards Act. Mr. Garcia commended staff for this plan. City Secretary Chapa polled the Council for their votes as follows: 7. FIRST READING ORDINANCE Amending Ordinance No. 8127, as amended, Section 951.0, Leaves of Absence, Plan I Employees, as follows: Subsection 951.1, Vacation Leave Accrual; Subsection 951.2 renumbered to 951.2(a) and new Subsection 951.2(b) added to define working hours charged for vacation usage; Subsection 951.4, to provide for annual accumulation of vacation leave and payment of accrued vacation leave upon termination, retirement, or death; Subsection 951.5, to provide for cash -in of accrued vacation leave; Subsection 951.8, to provide for granting and taking of personal leave; Subsection 951.9, to provide for sick leave accrual and accumulation; addition of a new Subsection 951.11(a) to define working hours charged for sick leave usage; Subsection 951.12 to provide for payment of sick leave upon termination; Subsection 951.13, to provide for cash -in of accrued sick leave; Subsection 900.4 to define holiday pay and holiday compensatory time for airport public safety officers who work shifts of 24 hours on/48 hours off. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, McNichols, and Neal voting "Aye"; B. Longoria and Martin absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, Downtown Management District contract. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 9. M97-357 Motion authorizing the City Manager to execute an agreement with the Corpus Christi Downtown Management District in the amount of $100,000 for assistance in downtown development and redevelopment activities. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, J. Longoria, McNichols, and Neal voting "Aye"; B. Longoria and Martin absent. Minutes Regular Council Meeting December 9, 1997 Page 15 ************* Mayor Neal opened the public hearing on the following zoning case: 10. Case No. 1097-4, John Richard Casarez: A change of zoning from an "A-1" Apartment House District to a "B-4" General Business District on South Park Addition, Block 3, Lot 1, located on the northeast comer of South Padre Island Drive and Kasper Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District with a Special Permit for an auto sales lot subject to six (6) conditions. He added that Council Member Capelo will abstain from discussing or voting on this matter. No one appeared in opposition to the zoning change. Council Member McNichols made a motion to close the public hearing, seconded by Council Member Cooper, and passed unanimously. Responding to Council Member Garcia, Mr. Utter said that if the property is rezoned to "B- 1," any kind of neighborhood business would be permitted, as well as an auto sales lot if the special permit is approved. Mr. Garcia asked if a bar would be allowed, and Mr. Utter said bars are not permitted in `B-1." Mr. Garcia also asked about traffic flow around the subject property. Mr. Brandol Harvey, Director of Planning and Development, said there was much discussion about traffic flow. He said the special permit has a prohibition against access to the residential street; it would require access only to the SPID frontage road. He added that a relatively small car lot would be allowed on the subject property. Mr. Utter further described the existing zoning in the area. Mr. Garcia asked if the applicant, Mr. Casarez, was the owner of the property. Mr. Casarez said he is not the property owner; rather, he has a five-year lease agreement with Mike Kaspar through Joe Adame Real Estate Company. He added that this will be his car lot, and he has been in business for 25 years. Mr. Garcia expressed concern about how that area is being developed. Mr. Harvey explained that the strategy adopted by the Council is to allow the properties that front on SPID to be used for other than residential. The long-term goal is to allow those properties to be general commercial; in the interim they are using the special permit process to allow some higher -intensity uses other than multi -family but which have mitigating conditions to allow for a smoother transition. Council Member McNichols said he could understand allowing a neighborhood business, such as a barber shop, to be located on the subject property, but he questioned the use of a car lot in that location. Mr. Harvey pointed out that the special permit would include mitigating controls such Minutes Regular Council Meeting December 9, 1997 Page 16 as lighting, noise and access. Responding to Council Member Gonzales, Mr. Harvey said at the Planning Commission level there was no opposition to this rezoning request and no notices were returned in opposition. At the Council mailing one response was received in opposition. Mr. Garcia continued to question the location of the car lot there. A brief discussion ensued. Council Member Cooper asked Mr. Casarez how many cars he planned to have on his car lot, and he replied about 20 cars. Mrs. Cooper said it was evident that commercial properties front on SPID and she said they should grant the special permit for the car lot. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 023160 Amending the Zoning Ordinance upon application by John Richard Casarez, by changing the zoning map in reference to South Park Addition, Block 3, Lot 1 from "A-1" Apartment House District to "B-1" Neighborhood Business District and granting a special permit for an auto sales lot subject to six (6) conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Cooper, Gonzales, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Garcia and McNichols voting "No"; Capelo abstaining. * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 11. Case No. 1097-8. Norwest Bank Texas. South Central. Trustee: A change of zoning from an "R -1B" One -family Dwelling District to an "I-2" Light Industrial District on Baldwin Moore Farm Lots, being 2.56 acres out of Lot 2, located along the northeast side of South Padre Island Drive, between West Point Road and Bush Avenue. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof, approval of a "B-1" Neighborhood Business District with a Special Permit for a warehouse/distribution facility subject to a site plan and eight (8) conditions. Rev. J.R. Miller, Pastor of Friendship Baptist Church, said his church is across the street from the subject property, and they are concerned about increased traffic, particularly 18 -wheel trucks, that will result from the distribution center being located there. Rev. Miller also discussed a problem that may exist if the trucks are not able to access the driveway on the frontage road and Minutes Regular Council Meeting December 9, 1997 Page 17 instead circle back through Bush Avenue where the church is located. He said the church members are opposed to the rezoning. Mayor Neal asked if the applicant was present, and he was not. There was no other public comment. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed unanimously. Mr. Harvey then showed a video of the subject property and surrounding properties. Responding to Mr. Garcia, Mr. Harvey said the applicant is working with TXDOT officials to determine where the driveway would be located on the subject property facing the frontage road. He also discussed the fencing requirements and said the 18 -wheelers would turn around on the property. In reply to Dr. McNichols, Mr. Harvey said the agenda material contained a typographical error and it was meant to say that this zoning case is controversial. He said at the Planning Commission hearing there were many members of the public who appeared in opposition to this zoning case, but they were not from within the 200 -foot notification area. Dr. McNichols asked how long the church has been located there, and Rev. Miller replied 47 years. Council Member Martin asked if the 20% rule was in effect, and Mr. Harvey said it was not (it was at 6.78%). Mr. Martin asked if this zoning was being restricted to a particular use. Mr. Harvey replied that in one respect it was not because they are proposing that all of the property be rezoned to `B-1," which allows a number of uses; however, on this particular piece of the property there would be a special permit that would only allow, in addition to the "B-1," the truck distribution center. He said the owner's intent is to bring material to the center, store it via trucks, and then distribute it out via trucks. Mr. Martin said the use that is being proposed is an "I-2" use, and Mr. Harvey agreed. Mr. Martin then asked what would be the strongest mitigating conditions that are not normally required. Mr. Harvey replied the limitation of access to Bush Avenue, extra screening, lighting controls, and the limitation of the size of the distribution center to a maximum of 15,000 square feet. Mr. Martin also asked about a small portion of land indicated on the map, and Mr. Harvey said that piece is not part of the subject rezoning and it is not owned by this applicant; therefore it would remain "R -1B." He said the Comprehensive Plan says that that piece should be general commercial. Responding to Council Member John Longoria, Mr. Harvey and Mr. Utter further described the site plan being proposed for the subject property as well as the possibility of a driveway being located on West Point Road. Mr. Harvey emphasized that there is a prohibition against access to the property from Bush Avenue. In reply to another question from Mr. Longoria, Mr. Harvey said he did not know why the applicant or his representative was not present at the Council meeting. Council Member Gonzales asked specific questions about the subject property, including driveway access, traffic, and storage, to which Mr. Harvey replied. He noted that this property would not be able to Minutes Regular Council Meeting December 9, 1997 Page 18 serve as a waste -holding facility. Dr. Gonzales said he thought it was located too close to residences. Council Member Cooper said it was difficult to make a determination about this case since the applicant was not present. She made a motion to table this case for one week, but the motion died for lack of a second. City Secretary Chapa polled the Council for their votes as follows: 11. FAILED TO PASS Arnenda.g thc Zoning upeii applieatieii by -Net west Bank Texas, South Central, . - Lots frei.. "R 1B" One Family --Dwelling District to "B 1" Neighbe.l.aud Business-Bistri.,t The foregoing ordinance failed to pass by the following vote: Cooper voting "Aye"; Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "No." * * * * * * * * * * * * * 12. Case No. 1197-2 PEI Properties. Inc : A change of zoning from a "B-4" General Business District to an "I-2" Light Industrial District on The River Square Unit 1, Block 1, Lots 1-4, located along the east side of Twin River Blvd., between McKinzie Lane and IH -37. WITHDRAWN zoning map in rcfcrcncc to thc River Square Unit 1, Block 1, Lots 1 through 4 from "B 4" Cenral Business District to "I 2" Light Industrial District. 13. Case No. 1197-1, DHS Enterprises, L. P.: A change of zoning from a "B-4" General Business District to an "I-2" Light Industrial District on The River Square Unit 2, Block 8, being the east 17.81 acres of Lot 1, located on the northwest corner of River Run and Twin River Boulevards. WITHDRAWN thc zoning map in rcfcrcncc to thc cast 17.81 acres out of Lot 1, Block 8 of River Square Unit 2 fret'. "B 4" General Business District to "I 2" Light Industrial District. Minutes Regular Council Meeting December 9, 1997 Page 19 ************ * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 14 through 26, and Council members requested that Items 16, 17, and 18 be withheld for discussion. There were no comments from the audience on any of the consent items. City Secretary Chapa polled the Council for their votes and the following were passed: 14. M97-358 Motion approving a supply agreement with Bay Chemical & Supply Co., Odem, Texas for approximately 4,125 tons of liquid aluminum sulfate in accordance with Bid Invitation No. BI -0026-98, based on low bid for an estimated annual expenditure of $183,480. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds have been budgeted in FY 97-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 15. M97-359 Motion approving a supply agreement for approximately 40,800 lbs of quick acting hydraulic cement with Shepler's, Corpus Christi, Texas, based on the total low bid of $20,940. The term of the contract will be twelve months with option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. This product is stocked in the Warehouse and is used by various departments. Funds have been budgeted by the using departments for FY 97-98. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 19. M97-363 Motion authorizing the City Manager or his designee to negotiate with Price Consulting, Inc., of Houston, Texas for consulting services associated with Workforce Development Corporation Office Weatherization - 1997. 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 December 9, 1997 Page 20 20. M97-364 Motion authorizing the City Manager or his designee to execute a contract in the amount of $117,159.79 with Imperial, Inc. for ADA modifications at City -owned facilities to bring high -use City -owned facilities into compliance with the Americans with Disabilities Act and Article 9102 of the Texas Civil Statutes, Elimination of Architectural Barriers Program. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 21.a. ORDINANCE NO. 023161 Ordinance appropriating $75,000 from the Combined Utility Systems Unreserved Fund Balance; amending Ordinance No. 022993, which adopted the FY 1997-98 Budget, by adding $75,000 to the Combined Utility Systems Fund; adopting a portion of the FY 97-98 Capital Budget, for the Sanitary Sewer Installation in Developed Areas; Ridgewood Street Sanitary Sewer Improvements, which will be included in the FY 97-98 Capital Budget when adopted; transferring $75,000 to and appropriating $75,000 in the No. 250 Sanitary Sewer Capital Projects Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 21.b. M97-365 Motion authorizing the City Manager or his designee to execute the Construction Contract with Asphalt Paving/Construction Co. in the amount of $57,340 for the Sanitary Sewer Installation in Developed Areas: Ridgewood Street Sanitary Sewer Improvements. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 21.c. RESOLUTION NO. 023162 Resolution expressing intent to reimburse the Combined Utility Systems Fund for costs of certain wastewater system improvements to be made as part of the Sanitary Sewer Installation in Developed Areas: Ridgewood Street Sanitary Sewer Improvements. The foregoing resolution passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." Minutes Regular Council Meeting December 9, 1997 Page 21 22.a. M97-366 Motion authorizing the City Manager or his designee to accept a grant in the amount of $61,296 and to execute contract change No. 04 to Contract No. 7460005741-98 with the Texas Department of Health for public health services, specifically immunization and laboratory services, during the period September 1, 1997 through August 31, 1998. The foregoing motion passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 22.b. ORDINANCE NO. 023163 Ordinance appropriating a grant in the amount of $61,296 from the Texas Department of Health for immunization and laboratory services during the period September 1, 1997 through August 31, 1998 to the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 23. ORDINANCE NO. 023164 Ordinance closing and abandoning a 15 -foot wide easement (0.3239 acres) located within a 40.353 acre tract described as Parcel E, Tract 6, in the Special Warranty Deed from Southwestern Refining, Inc., to Koch Exploration Company, as recorded in Document 972942, Official Public Records of Nueces County, Texas, recorded in volume 7, page 11 of the Deed of Records, Nueces County Texas; subject to compliance with the specified conditions. An emergency was declared and the foregoing ordinance passed by the following vote: Capelo, Cooper, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 24. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five year lease with the Corpus Christi Softball Association for Price Field and the Yellow and Green Fields at Greenwood Softball Complex in consideration of Corpus Christi Softball Association paying all costs associated with maintaining and operating an adult softball program on these three fields. The foregoing ordinance passed on first reading by the following vote: Capelo, Cooper, Minutes Regular Council Meeting December 9, 1997 Page 22 Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye." 25. ORDINANCE NO. 023165 Authorizing the City Manager or his designee to submit an application to the Federal Aviation Administration to collect and use a passenger facility charge of $3 per enplaned passenger at Corpus Christi International Airport for 20 years beginning June 1, 1998. 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." 26. ORDINANCE NO. 023166 Authorizing the City Manager or his designee to execute approximately a four-year lease - ending December 31, 2001 - with Exec Express II, Inc., D.B.A. Aspen Mountain Air for ticket counter space, office space, gate space, apron space, and joint use of the baggage claim space and other common areas at Corpus Christi International Airport in consideration of payment of fees that total approximately $4.06 per enplaned passenger and are adjusted annually based on a fixed formula; providing for publication. 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 16, cellular telephone airtime agreement. Council Member Garcia asked about roaming charges. Mr. John Bacon, Director of Information Systems, said they rarely have roaming charges because the communication is within the calling area. He said it is essentially the same contract as previously but with a lower price. Mr. Garcia asked if it would entail any changes in equipment, and Mr. Bacon said it would not. City Secretary Chapa polled the Council for their votes as follows: 16. M97-360 Motion approving a supply agreement with Southwestern Bell Wireless for the purchase of cellular telephone airtime and telephones. The agreement is for one 12 -month period with an option to extend for two additional 12 -month periods. First year estimated airtime cost is approximately $66,470, and telephone equipment cost is estimated at $1,180. Minutes Regular Council Meeting December 9, 1997 Page 23 The foregoing motion passed 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 17, land acquisition for Airline Road project. Responding to Council Member Garcia, Mr. R.H. Shackelford, Director of Engineering Services, said Parcel No. 7 was no longer required when staff completed the final right-of-way design for the street improvements project. He added that there were two appraisals for Parcel No. 5 which is being considered under this agenda item, and he said $81,000 was the appraisal. He said staff did attempt to negotiate but the owners would not negotiate. Mr. Garcia asked if there would be any more land that the city would have to purchase, and Mr. Shackelford said the current design will be accommodated with this final purchase. In reply to Council Member McNichols, Mr. Shackelford said that typically the property that extends from the roadway 250 feet back is appraised as a piece of commercial property, whereas the rest of the property would be appraised for a different value. Responding to another question from Mr. Garcia, Mr. Hennings said the tax appraiser does use that information in their appraisals for tax purposes, but it depends on the land itself whether it will have an effect. City Secretary Chapa polled the Council for their votes as follows: 17. M97-361 Motion authorizing the acquisition of Parcel No. 5 located on the southeast corner of Airline Road and Wooldridge Road for $81,000 in connection with the Airline Road Street Improvements project. The foregoing motion passed 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 18, participation agreement with A&J Construction. In reply to Council Member Garcia, Mr. Crull said the master plan for this area calls for a major lift station at this location. He said staff is attempting, as part of the development, to install the initial phases of the trunk system in order to open the area up for further development. He said a participation agreement states that the city would pay some of the costs of the construction that would not be associated with the development of The Vineyards subdivision just by itself. He said Minutes Regular Council Meeting December 9, 1997 Page 24 the developer, A&J Construction, would conduct the bidding process and they would have to come back to the Council for final approval of whatever the participation will be for this particular project. Mr. Crull added that the city does not take ownership or possession of the improvements until after the project is completed and accepted. A brief discussion ensued. City Secretary Chapa polled the Council for their votes as follows: 18. M97-362 Motion authorizing the City Manager or his designee to execute a Participation Agreement with A & J Construction, Inc., a Texas Corporation, for the design of future construction of Sanitary Sewer Collection System for Sewer Planning Area 30 improvements consisting of a lift station and force main service line located in The Vineyards Subdivision. The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Capelo, Cooper, and Martin absent. * * * * * * * * * * * * * Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071, as follows: to obtain legal advice regarding electric power supply options; regarding collective bargaining with Corpus Christi Firefighters Association; and regarding Dennis Trevino v. City of Corpus Christi et al, No. C-96-376 and No. C-97-608, United States District Court, Southern District of Texas, Corpus Christi Division, with possible related action in open session. The Council went into closed session. The Council returned from closed session. Mayor Neal made the following motion, seconded by Council Member Garcia: N. M97-367 Motion authorizing the City Manager to retain attorneys Bill Abernethy, Tony Canales, and Jim McKibben to represent, as designated by the City Manager, the City of Corpus Christi and the other individuals named as parties in Dennis Trevino v. City of Corpus Christi et al, No. C-97-608, United States District Court, Southern District of Texas, Corpus Christi Division, at a rate of $125 per hour. The foregoing motion passed by the following vote: Capelo, Garcia, Gonzales, B. Longoria, J. Longoria, and Neal voting "Aye"; Cooper, Martin, and McNichols absent. Minutes Regular Council Meeting December 9, 1997 Page 25 * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings said a tour of Wesley Seale Dam is scheduled for next Tuesday, beginning at 8:30 a.m. with their return to City Hall expected to be 1:00 p.m. He said Freese & Nichols will make a presentation to the Council next week about their conclusions on the Wesley Seale Dam. Mr. Hennings said next week there will also be a discussion about proposals for the outside study of the Police Department, as well as the outside auditor's report, and the possible elimination of the sales tax on utilities. The Mayor said the city manager selection process needs to be discussed during the December 23rd meeting. He also asked Mr. Hennings to prepare a presentation on the information he has furnished to the Council about the Wesley Seale Dam Oversight Committee recommendations. There were no Council concerns and reports. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 8:00 p.m. on December 9, 1997. * * * * * * * * * * * * *