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HomeMy WebLinkAboutMinutes City Council - 02/17/1998I 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 February 17, 1998, which were approved by the City Council on February 24, 1998. WITNESSETH MY HAND AND SEAL, this 24th day of February, 1998. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 17, 1998 2:07 p.m. PRESENT Mayor Loyd Neal Mayor Pro Tem Dr. David McNichols Council Members: Javier Colmenero Alex L. Garcia Jr. Arnold Gonzales Betty Jean Longoria* John Longoria Edward Martin ABSENT Melody Cooper 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 Rev. Edward Seeger, Metro Ministries, following which the Pledge of Allegiance to the flag of the United States was led by Council Member John Longoria. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 10, 1998, and there being no corrections, he proclaimed them approved as presented. Mr. Richard Avila, Athletic Director of the Corpus Christi Independent School District, said he was representing Dr. Abelardo Saavedra and the CCISD Board of Trustees in thanking the city for allowing the district to use Memorial Coliseum for a district championship basketball game between Carroll and Miller high schools. Mr. Davila said the district was also providing the Council members with passes to attend the game. *Council Member Betty Jean Longoria arrived at 2:10 p.m. * * * * * * * * * * * * * Mayor Neal referred to the Board and Committee appointments on the day's agenda, and the following appointments were made: Minutes Regular Council Meeting February 17, 1998 Page 2 Cable Communications Commission Norma Torres Electrical Advisory Board Ralph Skinner Kyle Budd James Goldston Building Standards Board Leroy San Miguel William Goin Transportation Advisory Committee Stuart Sher Ethics Commission Steven Fieldcamp Connie Munoz Augustin Rivera Coastal Bend Council of Governments Council Member Javier Colmenero Council Member Alex Garcia asked when appointments would be made to the Airport Advisory Board, and City Secretary Chapa replied that there would be three vacancies on that board in April. Mr. Garcia said he would like some information on the committee members' responsibilities. Mayor Neal said the responsibilities for each board and commission were spelled out in the ordinance creating them. Mr. Garcia said he was requesting that information in light of a recent newspaper article concerning the Airport Advisory Board. City Manager Hennings said staff could provide the Council with a report. Council Member Gonzales said he thought the Council needed to instruct the City Manager to visit with the members of the Airport Advisory Board to tell them to stop any negotiations involved in privatizing the operation of the Corpus Christi International Airport until the Council gives them direction on that issue. Dr. Gonzales said it was important that every chairperson of every city board and commission understand the process that is supposed to be followed --that is that the Council members are the elected officials and they appoint citizens to the boards and commissions, and the board members are then supposed to go back to the Council with their recommendations. Council Member Betty Jean Longoria said that in her seven years on the Council she was not aware that the Council had expressed interest in any privatization proposal concerning the airport's operations. She echoed Dr. Gonzales' statement that the Airport Advisory Board should have come to the Council first to inform them of their interest in pursuing the privatization idea. Mayor Neal explained that almost every week he meets with one of the city's boards or commissions, and during a meeting with the Airport Advisory Board on the airport terminal construction, the question was raised whether this Council would be willing to consider the idea of privatizing the airport's operations. He said he told the board members that the proper thing to do would be to bring the issue before the Council and let the Council make that decision. Dr. Gonzales pointed out that the board members did not come before the Council before they initiated a meeting with another entity. Mayor Neal said he would support the idea of the Minutes Regular Council Meeting February 17, 1998 Page 3 Council investigating this issue. Mr. Garcia said that while the Mayor receives weekly updates from the city's boards, the rest of the Council does not, and he learned of this situation with the Airport Advisory Board in the newspaper. Council Member McNichols said he did not have a problem with the Airport Advisory Board discussing this issue and then formulating a suggestion and bringing it before the Council for them to debate the pros and cons. Council Member Martin said his preference would be that when there are major new initiatives that are outside a board's or commission's normal activities that the board first approach the Council with the idea of pursuing a certain option. He used the example of the Human Relations Commission's intention to discuss a proposal with the Council later during this meeting. Mr. Martin pointed out that all of the city's boards have city staff liaisons assigned to them, and he suggested that the staff liaisons can inform the boards that the procedure being followed by the Human Relations Commission was preferred. Dr. Gonzales reiterated that he is in favor of debate and input, but the process is important. Council Member Colmenero pointed out that he had just served as a member of the Transportation Advisory Committee before being appointed to the Council. He said he thought the situation with the Airport Advisory Board was a departure from the normal procedure of city boards. He suggested that the Council have regular discussions with boards and commissions on their activities, thereby eliminating any potential surprises and encouraging communication. Mayor Neal asked Mr. Hennings to provide the report about the boards and commissions, and Mr. Hennings said he would. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was the quarterly update from the Greater Corpus Christi Business Alliance. Mr. Joe Fulton, Chairman of the Alliance, said the organization has experienced personnel changes since their last report to the Council three months ago. One change is Mr. Fulton's position as the new chairman of the Alliance, and the other is Mr. Gary Bushell's appointment as the new president and CEO. Mr. Bill Pruet discussed the recent activities of the Convention and Visitors Department, including year-to-date figures of convention business booked, group travel activity, visitor center activity, current marketing efforts, and special projects. He noted that the Alliance is in the process of developing a complete report for the Council on exactly how many conventions the city has lost in the last 12 months, including the size of those conventions and lost revenue, due to the convention Minutes Regular Council Meeting February 17, 1998 Page 4 center's limited exhibit space. Mr. Pruet pointed out that other Texas cities are expanding their convention facilities, thus making the competition for conventions even stronger. He said that current marketing efforts include the establishment of an 800 telephone number and advertising campaign in Mexico, and he referred to ads promoting Corpus Christi that are running in Texas Monthly and Southern Living Magazine, as well as trade journals and the National Weather Channel. Mr. Pruet said that special projects of the Alliance include the downtown visitor center location, a master plan for tourism development, events such as the power boat races in June and a beach volleyball tournament, and the conference of the American G.I. Forum. In addition the Alliance is working with the Port of Corpus Christi and the City of San Antonio in their efforts to bring cruise lines to Corpus Christi, and the Alliance is developing a strategy to attract high school playoff games to the area. Council Member Betty Jean Longoria said she hopes the Alliance is able to maintain an office in the downtown area, and she agreed that the city needs to expand the exhibit space at the convention center. She pointed out that many conventioneers would be happy to come to Corpus Christi rather than other Texas cities. She asked Mr. Hennings the status of expanding the convention center. He replied that as the Council considers the city's capital improvement needs, they will have to address the convention center issue along with many other projects that were in the Community Progress Partnership. In response to another question from Mrs. Longoria, Mr. Pruet said there is much more communication between the Alliance and the Hispanic Chamber of Commerce about marketing efforts in Mexico. He also described, in reply to Dr Gonzales, the report about lost conventions due to the insufficient exhibit space at the convention center. Mrs. Longoria also commented on the need to improve Port Avenue in order to alleviate traffic bottle -necks in the downtown area. Mr. Gonzalo Sandoval discussed economic development, and he noted that two publications, Outlook and Industry Week, rank Corpus Christi's business climate in the top 20 among U.S. cities. He said new businesses include ABRACON, an "extended stay" hotel, and the Eurasia Motor Corporation, and prospective businesses include a cold storage facility, catalog retailer, two industrial/medical suppliers, steel fabricator, and two headquarters for companies (one being ABRACON). Mr. Sandoval also discussed the activity of the Small Business Development Department and upcoming special projects, which include a technology conference, Future of the Region conference, Texas Economic Development Council conference, a full employment pilot program with the Texas Workforce Commission, earned income tax credit campaign, and the WalMart economic development grant. Ms. Nelda Martinez described the work of the Existing Industry Expansion and Retention Committee, including a survey that was conducted within nine specific areas of the business sector: agribusiness, business services, education, general manufacturing, hospitality, medical services, Minutes Regular Council Meeting February 17, 1998 Page 5 military, port industries, and teleservices. She said there are common challenges faced by existing industries, such as the need for qualified skilled workers, working with regulatory agencies, air travel needs, and operating in a litigious climate. Ms. Martinez also referred to an example of how this committee assisted a local company in finding alternative shipping methods to reduce costs and improve productivity. Ms. Debbie Lindsey -Opel discussed plans for an economic summit scheduled for April 8, 1998, at Del Mar College, which would involve the state delegation, county officials, City Council members, Port of Corpus Christi, Alliance board, Hispanic Chamber of Commerce, and the Black Chamber of Commerce. There are future plans for an even broader discussion of economic goals involving the business community as well. Mrs. Longoria asked if education representatives would be included, and Ms. Lindsey -Opel verified that education would be represented as well and she commented on the need for better educational opportunities. Council Member Colmenero noted that a retail outlet recently announced that it was closing its Corpus Christi store, and he asked what measures the Alliance takes to address such business vacancies. Ms. Lindsey -Opel said the Alliance staff identifies additional resources to absorb whatever workforce may be displaced as a result of a business closing. * * * * * * * * * * * * * City Manager Hennings said the next presentation would be made by the Human Relations Commission regarding a possible revision of the Fair Housing Ordinance. Rev. Willie Davila, Chairman of the Human Relations Commission, said the other commission members were Nancy Somers, Rabbi Paul Joseph, Errol Summerlin, Anna Mercado, Olga Tamara, Lena Coleman, Clyde Bourke, and three youth members Ana Tamez, Sam Henderson, and Alexis Fasci. Rev. Davila explained that the Corpus Christi Committee on Human Relations was created by Ordinance No. 7053 in 1963, and he said that the city has been very proactive in its stance on issues pertaining to human relations and civil rights. He also quoted from the Human Relations Commission's mission (as established by Ordinance No. 20838). Rev. Davila said commission members have initiated a coalition known by the acronym LEAP (Leadership, Education, Awareness, and Prevention) in order to deal with issues of hate crimes. He said that recently in an apartment complex in the city, 18 out of 20 African-American families were targeted for hate crimes and were harassed. Council Member Gonzales asked if those crimes have been investigated and resolved. Rev. Davila replied that Police Chief Alvarez has specifically looked into those crimes in light of a new law dealing with hate crimes. Minutes Regular Council Meeting February 17, 1998 Page 6 Mr. Errol Summerlin, Executive Director of Coastal Bend Legal Services, said he heads the Human Relations Commission's Housing Committee. He described the Fair Housing Assessment that was conducted in 1993 by the city's Housing and Community Development department. He said one of the recommendations in that assessment was that the city enhance its fair housing ordinance to "more effectively minimize discriminatory actions and to help foster an appreciation of other people's world view," and one of the identified goals was to increase compliance of the Federal Fair Housing Act. Mr. Summerlin said the strategies that were outlined in the assessment to achieve the goal as stated above were to make the city's fair housing ordinance substantially equivalent with the Federal Fair Housing Act, enabling the Human Relations Department to enter into a work -share agreement with the U.S. Department of Housing and Urban Development (HUD). Other strategies included providing public education and training; establishing agreements with organizations (such as the Board of Realtors, Apartment Association, American Bankers Association, etc.) to support fair housing goals; and processing fair housing discrimination claims through the Human Relations Department. Mr. Summerlin said the Human Relations Commission members took those goals laid out in the Fair Housing Assessment and met with several groups to develop a draft amendment to the city's fair housing ordinance with the intention of incorporating local control issues as well as the opportunities afforded under the Federal Fair Housing Act. He said they submitted drafts of that proposed amendment to HUD and they received preliminary approval from HUD on the latest draft, which was approved by the commissioners during their meeting last month. He said the commissioners would now like to, over the next 60 to 90 days, go back to the individuals who helped draft the Fair Housing Assessment and review with them the proposed amendment. He said the amendment would allow for housing complaints to be resolved on the local level rather than through the HUD office in Fort Worth, which in itself should allow for more expediency. The amendment would also provide for more serious consequences for those who violate the rights of individuals, as well as provide for educational opportunities. Mr. Summerlin referred to a diagram describing how the Human Relations Department handles discrimination complaints, and he noted that the Human Relations Commissioners have all undertaken dispute resolution training. Responding to Mayor Neal, Mr. Summerlin noted that out of the 41 fair housing complaints filed in Corpus Christi last year, the local Human Relations Department staff resolved 37 of those complaints, and if the city had had a contract with HUD, it would have been paid $1,750 for each case resolved. In addition, he said the Human Relations Commission could impose penalties of up to $10,000 for a violation. Mr. Hennings and Mr. Summerlin clarified that the Human Relations Commission was not asking the Council to approve the amendment that day, but rather to inform them of their desire to pursue this option by taking the proposal to various groups for their input, and then return to the Council in 90 days with their recommendation. Minutes Regular Council Meeting February 17, 1998 Page 7 In reply to Council Member Martin, Mr. Hennings said the city would have to show expenses in order to qualify for a federal grant to help pay for the city's efforts to better enforce the Fair Housing Act. He added that the proposed amendment would also allow the Human Relations Commission to assess a penalty, and then the city would have to file suit to receive a judgment to collect that penalty. Mr. Martin said he did not object to the commission members receiving input on the proposal, but he disagreed with what he said was enthusiasm for the money that would be paid to the city if the city was contracted by HUD to investigate fair housing complaints. He also disagreed with the penalties that could be assessed by the Human Relations Commission. He said the commission has been very successful in this area because it has been able to resolve complaints in a non -adversarial manner, which he said should not be changed. Rev. Davila said it is the commission's intent to continue that work. He said that when the Fair Housing Assessment was made, there was concern with enlisted men coming to the Coastal Bend and the city not having the tools to really deal with issues of housing discrimination because of the diversity that comes with that population mix. Mr. Summerlin said he discussed the penalties involved in the proposed amendment in order to point out how the ordinance would be changed, not to diminish the conciliation efforts that have been ongoing in his 14 years as a member of the Human Relations Commission. Rev. Davila said that discussing this proposal with various groups will also help to educate the community about the human relations process. Council Members Gonzales and Colmenero asked about staffing issues. Dr. Helen Gurley, Director of Human Relations, explained that the $100,000 federal grant for up to three years would go directly into the city's General Fund, which would be used to pay for two additional staff persons- -an investigator and a clerical worker. She explained that currently she investigates all housing complaints, in addition to her other duties. In reply to Council Member Garcia, Dr. Gurley said that if the city enters into a substantial equivalency agreement with HUD and the city has to go to court, HUD will support those legal fees. She also discussed public agencies in cities that have similar agreements with HUD. Responding to Mayor Neal, Dr. Gurley explained that currently if the city goes to court under Ordinance No. 20838, it would have to go to Municipal Court under a Class A misdemeanor criminal charge; the proposed amendment would allow not only the city but an individual who has experienced discriminatory acts to file a civil lawsuit under this ordinance. Mr. Summerlin clarified that an individual would be responsible for paying attorneys fees if he or she elected to file a civil lawsuit, while the city's expenses related to the city's intervention or prosecution of a case would be reimbursed by HUD. Mr. Garcia asked if this proposal would affect the case load in the city's Legal Department. Minutes Regular Council Meeting February 17, 1998 Page 8 Mr. Hennings explained that while more complaints of discrimination are expected to be made, commissioners and staff believe that it would be rare for a case to go to court. He said the Human Relations Commission has an outstanding record of settling complaints through negotiation and they do not intend for that to change. The purpose is to increase the staff by two persons in order to do a better job of handling the complaints that are made. Mr. Colmenero asked about the staff positions that would be filled. Mr. Hennings said one of the positions would be an investigator, and Dr. Gurley pointed out that currently there is an attorney on the staff working as an investigator, as well as a staff member with a social work background. She added that the amount of time it takes to resolve a case varies, although one she recently completed took a year to resolve. * * * * * * * * * * * * * The next presentation was given by Mr. Frank Brogan, project engineer for the Lake Texana pipeline. Using slides, Mr. Brogan described the progress that has been made on the project since his last report: right-of-way acquisition -100% complete; pipe manufactured -86 miles; pipe installed - 50.9 miles; pump station construction -Bloomington is 36% complete, Woodsboro is 27% complete. Mr. Brogan said all three pipe installation crews are moving in a northerly direction, and three of the seven open -cut river crossings are completed (Chiltipin Creek, Aransas River, and Mission River crossings), and work is progressing on the Nueces River and Garcitas Creek crossings. He said the directional drilled crossings on the Guadalupe River and the Victoria Barge Canal are expected to start in March and extend through May 1998. Mr. Brogan said the overall project completion schedule shows the construction work to be finished in July, with start up and testing to be completed in August and water to begin flowing in late August (weather permitting). Mr. Brogan reviewed slides of the construction that is ongoing. Responding to Council Member Gonzales, Mr. Brogan briefly addressed legal fees associated with the right-of-way acquisition and pipeline design. Council Member McNichols asked about the open -cut river crossings, and Mr. Brogan said the pipeline is buried 5 to 10 feet below the bottom of the creeks. Mr. Con Mims, with the Nueces River Authority, said that while Mr. Brogan was giving his presentation he signed the last of the easements. He said it was highly unusual that a project of this magnitude involved only two condemnations for right-of-way acquisition, both of which were friendly in order to clear title. He commended Mr. Brogan and his staff for their efforts. * * * * * * * * * * * * * Minutes Regular Council Meeting February 17, 1998 Page 9 City Manager Hennings said that Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, would give an oral presentation on the facility review report for Choke Canyon Dam. Using visual aids, Mr. Crull briefly reviewed the location and structural design of Choke Canyon Dam. He noted that there are five staff members at the dam, plus two environmental inspectors who patrol the area, including the entire watershed, for any environmental problems. The Bureau of Reclamation performs facility reviews every three years, including a safety evaluation of existing dams as well as a review of the operations and maintenance. He said Bureau personnel performed the inspection of the dam on October 21, 1997, and city officials received their report on January 20, 1998, which was forwarded to the Council members last week. Mr. Crull said the Bureau will be performing a new inspection next week on the security of the dam due to heightened concern about security and terrorism activities. Mr. Crull quoted the examination report as saying that "overall the city does an excellent job of performing the operations and maintenance at Choke Canyon Dam. All previous recommendations have been completed." He said the Bureau also noted that the record-keeping is clear and up to date, and they did not note any safety of dam recommendations, although they did note nine recommendations based on the review of operations and maintenance. He said all of those are Category 2 recommendations, which means that action is needed to prevent or reduce damage to the facility. The timeframe for action on Category 2 recommendations is "as soon as practical" -- as soon as the budgets allow and as soon as the designs, investigations and construction can be completed. The goal is to complete all the recommendations prior to the next review in three years. Mr. Crull said that six of the items that were noted by the Bureau will be addressed through normal operations and maintenance by the personnel at the dam; two items will require some repair contracts; and on one item staff will have to investigate the cause so that it can be corrected. Mr. Crull said staff has one ongoing concern with the erosion of the downstream face, which has been a problem since the dam was built, which he further explained using visual aids. Responding to Mayor Neal, Mr. Crull said there is an emergency action plan that is prepared by the Bureau of Reclamation and it has been communicated to all area government entities. He added that there is a problem with concrete erosion in the chute structure that may be a design problem; and survey controls have been established in an area of possible movement. Mr. Hennings emphasized that they were not referring to downstream movement of the dam in that situation. Mr. Crull said the area in question is a sidewalt 45 feet high and the movement would be parallel to the axis of the dam, not perpendicular to it. Also, it is very difficult to compact dirt right up against the wall and the movement may be occurring on the other side rather than on the wall itself. Mr. Crull further explained that staff monitors all of the dam's 230 control points on an annual basis and the area of movement will be monitored more frequently. Minutes Regular Council Meeting February 17, 1998 Page 10 Council Member Gonzales said it was important for the Council to be informed of any situations such as possible movement of a portion of the dam, particularly in light of the problems that were experienced with Wesley Seale Dam. Mr. Hennings noted that the Council members had received a copy of the report, and he said Mr. Crull could explain each of the nine recommendations if the Council wished. Mr. Hennings added that none of the nine recommendations are a serious concern, and staff believes that the one mentioned is just a settlement of the slab on grade next to the spillway. He reiterated that the Bureau's recommendation is to monitor that situation. Council Member Martin noted that the Council had received a copy of the report, and he added that everything they receive does not have to be read into the television record. He said the Mayor had raised a legitimate concern which was answered by staff. Council Member McNichols said that someone is monitoring every one of the city's major facilities, whether it be the Texas Natural Resource Conservation Commission (TNRCC) or another entity. He said the Council has to rely on the staff to make a determination whether or not those items are worthy of the Council reviewing them and discussing them at length. Dr. McNichols added that it is immaterial what the public thinks about those items. He said reading the information into the record so that it gets out to the public is the reason the Council meetings have been running eight hours long when they could take just three or four hours. Mayor Neal said they recently went through an exhaustive process of recreating what information was known when and by whom about the structural problems at Wesley Seale Dam. He said if there is a statement in a report, such as this one, that raises a question it is appropriate to ask. Council Member Garcia asked if there was anything in the facility review of Choke Canyon Dam that indicated the stability of the dam is in jeopardy, and Mr. Crull replied that there was not. He added that structural analysts have never indicated to staff that there is any movement outside of the normal cyclical movements that occur in the dam due to changes in season, water elevation, and other natural changes. Mr. Hennings emphasized that there were no findings or recommendations under the category of safety issues, and the report states that the dam is being well maintained and is in good condition. Council Member Colmenero suggested that if the Council needs to examine an issue in more detail it would be helpful for the agenda to have fewer items. He said it was important to communicate information to the public that could be crucial. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Minutes Regular Council Meeting February 17, 1998 Page 11 Ms. Marisa Hogan, 2534 Debra, said she was seeking the Council's support to approach CCISD officials with the idea of starting a gun safety program in local schools. She said she is a certified chief range officer and she would like to volunteer her services to teach that program. Mr. Glynn Pugh, 725 Harrison, discussed the high cost of rates charged by Central Power and Light, saying that the reason is because of CPL's high cost of generation. He distributed a copy of an article stating that Duke/Fluor Daniel has been awarded a contract by Ingleside Cogeneration Limited Partnership to design and build a 440 -megawatt, natural gas-fired cogeneration power plant near Ingleside. He said the city needs an ordinance to join with Corpus Christi Power and Light to sell low-cost electricity. Mr. J.E. O'Brien, 4130 Pompano, said a statement was made that it is immaterial what the public thinks, and he hoped that that was not a majority viewpoint of the Council. He also questioned the status of the 911 fee in conjunction with the Coastal Bend Council of Governments. He noted that there was a closed session discussion scheduled on the agenda regarding the Garwood issue. He said the section cited refers to the Council consulting with their attorney, but he said in reading the law it does not appear that the Garwood issue, which is an administrative function at this point, would meet the criteria for holding a closed meeting. Mr. Tom Utter, Assistant City Manager for Development Services, replied that the Emergency Communication Commission requested an Attorney General's opinion on the city's 911 fee, and staff has met with the Attomey General's Office and they expect an opinion to be rendered in the next 30 days. Mr. Hennings pointed out that staff had reported that information during last week's City Council meeting. City Attomey Bray also noted that the Garwood permitting involves an application that is before the TNRCC in Austin. It is litigation within the meaning of the Open Records Act, which allows the Council to meet in closed session to discuss litigation as well as attorney-client matters, and the Attorney General has held that those kinds of proceedings are litigation. Responding to Mr. O'Brien's comment, Council Member McNichols said the public elects the Council members to read, think and make decisions for them. If they do not approve of the Council's actions, at the next election they can vote the Council out of office. In the meantime, public sentiment on every issue cannot decide the issues because the public has no way of becoming fully informed --they hear what is disseminated by the media and from various discussions. Mr. R.F. Hasker made a disparaging remark about Dr. McNichols, and Mayor Neal asked the police officer to escort Mr. Hasker out of the Council Chambers. Mr. Leon Perez, 904 Buford, said the city should not relinquish its control over the airport, and he said it should be modernized. He told the Council not to worry too much about the dams. Minutes Regular Council Meeting February 17, 1998 Page 12 Mayor Neal called for a 10 -minute recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 5, professional services for Year 2000 computer problem. He 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. 023214 Ordinance appropriating $30,000 from the Unreserved Fund Balance in the No. 133 Municipal Information Systems Fund amending Ordinance No. 022993 which adopted the FY 97-98 Budget by adding $30,000 to the No. 133 Municipal Information Systems Fund for professional services. An emergency was declared and the foregoing ordinance passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero and Cooper absent. 5.b. M98-023 Motion authorizing the City Manager or his designee to execute an agreement with Wolfe and Associates, Inc. for professional services in relation to replacement of computer systems for a total cost not to exceed $30,000. The foregoing motion passed by the following vote: Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Colmenero and Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, notice of intention to issue combination tax and revenue certificates of obligation. He called for comments from the audience. Mr. J.E. O'Brien said that, as was stated at the last Council meeting, issuing these bonds amounts to voting for a 1.2¢ to 1.3¢ tax increase, which could be alleviated by any increase in the valuation, which would bring in increased revenues. He said that last November the citizens strongly defeated a proposed increase to the sales tax, and in 1993 they defeated a proposal to increase the sales tax for the Lake Texana contract. Mr. O'Brien said he opposes the issuance of these bonds. City Manager Hennings said the approval of this item in no way agrees to raising the property tax rate. The budget figures staff provided last week are their current estimates of what the Minutes Regular Council Meeting February 17, 1998 Page 13 cost is going to be but they are not the final estimates. He said they are currently working on the 10 - year life cycle analysis of the cost of this project. Mr. Hennings referred to the schedule and noted that on March 10th they will have the contracts for the purchase of the computer systems, at which time they will have a final cost of the project so they can sell the certificates of obligation. Responding to Council Member Martin, Mr. Jorge Cruz-Aedo, Director of Finance, further explained the actions that need to be taken according to the schedule, and he pointed out that the amount of the sale will not exceed $10 million. He added that staff intended to work with the members of the Council's Administrative Analysis Committee regarding the size and structure of the debt package so they could bring the Council a program that included input from Council members. Mr. Martin said there are many structuring options to consider. Mr. Hennings said staff will bring the Council a status report next week. A brief discussion ensued. City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO 023215 Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation, Series 1998 not to exceed $10 million; and resolving other matters relating to the subject. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 7, regional water planning activities. He called for comments from the audience, and there were none. Council Member McNichols encouraged the Council to support this proposal because an administrative entity like the Nueces River Authority (NRA) is needed to handle tasks associated with the regional water planning activities. Responding to questions from Council Member Colmenero, Mr, James Dodson, Regional Water Director, said the state could provide up to 75% of the regional planning costs, and the local 25% share would be about $180,000, which will have to be defined after the scope of work is finalized and the planning grants are applied for. In addition, the local share can consist of in-kind contributions in addition to cash. Mr. Hennings said the NRA intends to establish a local office in Corpus Christi and, conditioned upon the Council's approval of this contract today, they have extended an offer of Minutes Regular Council Meeting February 17, 1998 Page 14 employment to Mr. Dodson to head up that office. Mr. Dodson said in addition to himself, the NRA has budgeted an executive assistant position in that office and some part-time clerical assistance. He said it is anticipated that the Regional Planning Group would designate the NRA to hold and administer all funds associated with the planning process; in addition, the NRA must comply with annual audits and other guidelines like other state agencies. Mr. Dodson and Mr. Hennings also further explained the composition of the Regional Planning Group. Mr. Bray described legal aspects of the structure of the group. In reply to Council Member Garcia, Mr. Hennings said Mr. Dodson would be employed by the Nueces River Authority. In response to Council Member Martin, Mr. Hennings said the NRA will enter into a series of interlocal agreements with local governments in which they will nominate the NRA to this coordinating role, which entails a cost-sharing and information -sharing arrangement. A discussion ensued about Corpus Christi's role in regional water planning, and it was emphasized that the city was not relinquishing any of its water rights to Lake Texana or Garwood. Dr. McNichols commented that the NRA had an advantage in the planning process since it is an agency of the state. In response to a question from Dr. McNichols, Mr. Hennings said he did not think there would be a problem in continuing Mr. Dodson's involvement in the city's important water projects. Mr. Dodson, responding to Mr. Colmenero, said this proposal will not affect the city's operation of the dams; rather, this is strictly a long-term water management plan. Mr. Hennings noted that the city has the right to withdraw from this process at any time, and he said the recommendations regarding funding will have to come back to the Council for approval. City Secretary Chapa polled the Council for their votes as follows: 7. M98-034 Motion authorizing the City Manager or his designee to execute an interlocal agreement for regional water planning activities with the Nueces River Authority and other governmental entities, in all material aspects as prepared by the Nueces River Authority and submitted to the City Council. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 8, police grant applications. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting February 17, 1998 Page 15 8.a. RESOLUTION NO. 023216 Resolution authorizing the submission of a grant application in the amount of $55,778 to the Office of the Governor, Criminal Justice Division, for funding of the Crime Analysis Unit of the City of Corpus Christi, Police Department. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 8.b. RESOLUTION NO. 023217 Resolution authorizing the submission of a grant application in the amount of $79,947 to the Office of the Governor, Criminal Justice Division, for first year funding of a Gang Analysis Unit of the City of Corpus Christi, Police Department. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 8.c. RESOLUTION NO. 023218 Resolution setting a priority number of one for the Crime Analysis Unit and a priority number of two for the Gang Analysis Unit for the two Office of the Governor, Criminal Justice Division, grants. The foregoing resolution passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 9, Richter Channel improvements and sanitary sewer extensions. City Secretary Chapa noted that Council Member Martin had filed a disclosure affidavit on Item 9.a., and he will abstain from discussing or voting on that item. Mayor Neal called for comments from the audience, and there were none. Mr. Chapa polled the Council for their votes as follows: 9.a. M98-035 Motion authorizing the City Manager or his designee to execute a contract in the amount of $564,972.50 with King -Isles, Inc. for the Richter Channel Improvements and Sanitary Sewer Extensions in Developed Areas - Southaires Subdivision. Minutes Regular Council Meeting February 17, 1998 Page 16 The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, McNichols, and Neal voting "Aye"; Martin abstaining; Cooper absent. 9.b. M98-036 Motion amending the Texas Natural Resource Conservation Commission grant for a water quality demonstration project to change the site from Richter Channel to the Oso Parkway Drainage Channel. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, Columbus Fleet debt service payment. He called for comments from the audience, and there were none. Responding to Council Member McNichols, Mr. Utter said there have been increased revenues to the Corpus Christi Museum of Science and History which they believe is attributable to the presence of the Columbus Fleet there. He said the Alliance had pledged to fully indemnify and cover the debt service. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 023219 Ordinance appropriating $8,972.43 from bond proceeds interest earnings, in the No. 577 Bayfront Arts & Sciences Capital Projects Fund; transferring $171,117.33 from the No. 577 Bayfront Arts and Sciences Capital Projects Fund to the No. 300 General Obligation Debt Service Fund to make the Las Carabelas Columbus Fleet semiannual debt service payment. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 11 through 19, and Council members requested that Items 11 and 16 be withheld for discussion; there were no comments from the audience. City Minutes Regular Council Meeting February 17, 1998 Page 17 Secretary Chapa polled the Council for their votes and the following were passed: 12. M98-038 Motion approving supply agreements for vehicle and equipment tires and tubes in accordance with Bid Invitation No. BI -0056-98 with the following companies for the following amounts, based on low bid and only bid, for multiple progressive awards, for a total estimated annual expenditure of $459,883.39. The tires and tubes covered under this agreement will be used by the Fire Department and Maintenance Services on passenger cars, pick-up trucks, police cars, ambulances, fire engines, commercial trucks and equipment. The terms of the contracts will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 97-98. Goodyear Auto A to Z Tire BD/43 Creager Tire Service Center Corpus Christi. Texas Corvus Christi Texas Corpus Christi Texas Items: 1.1 - 1.7, 1.9, 3.4, Items: 1.10, 2.1, 2.2, Items: 1.8, 1.11, 1.12 4.2,4.3,4.5,4.6,4.9,5, 3.1-3.3,4.1,4.4,4.7, 6.2-6.6,7.1,7.2,8.3,8.5, 4.8,4.10-4.12,6.1, 9.1, 9.2 8.1,8.2,8.4,10.1-10.5, 11.1 - 11.3 $283,621 $160,115.77 $16,146.62 GRAND TOTAL: $459,883.39 The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 13. M98-039 Motion authorizing the City Manager or his designee to execute a contract in the amount of $193,023.72 with Texas Environmental Plastics, Inc. of Houston, Texas for the J.C. Elliott Landfill Expansion Sector 7 Liner Improvements. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 14. M98-040 Motion authorizing the City Manager or his designee to execute a contract in the amount of $132,767 with H & S Constructors of Corpus Christi, Texas for the Allison Wastewater Treatment Plant: Air Leaks Repairs - 1997. Minutes Regular Council Meeting February 17, 1998 Page 18 The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 15. M98-041 Motion authorizing the City Manager or his designee to execute a Contract for Engineering and Consulting Services with Colwell & Associates, Inc. for a total fee not to exceed $60,200 for Stage 1 of the O.N. Stevens Water Treatment Plant Instrumentation and Controls Upgrade. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 17. ORDINANCE NO. 023221 Ordinance appropriating $79,997 from the Unreserved Fund Balance in the No. 162 Federal/State Grants fund as state fiscal year 1997 program income to fund environmental health, laboratory, and nursing services for the period September 1, 1997 to August 31, 1998. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 18. ORDINANCE NO. 023222 Approving, ratifying, confirming, and accepting an Economic Development Rate filed by Central Power and Light Company for the furnishing of service within the City of Corpus Christi, Texas, by Central Power and Light Company. The foregoing ordinance passed on second reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 19. ORDINANCE NO 023223 Authorizing the City Manager or his designee to execute a 15 year lease agreement with two 5 year renewal options with Patricia Jane Stubbs for the L -Head Bait Stand, for a bait stand and fishing supply operation, in consideration of monthly rent of 6% of gross receipts or $1,500 whichever is greater for April through November annually and 6% of gross receipts for December through March annually. Minutes Regular Council Meeting February 17, 1998 Page 19 The foregoing ordinance passed on second reading by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 11, purchase of steel traffic signal structures. Responding to Council Member McNichols, Mr. Crull said the city has a long-term program to replace traffic signals installed on wooden poles as they wear out with steel structures. In reply to Council Member Garcia, Mr. F.D. Glenn, Purchasing Agent, said that on its bid invitations the city asks bidders to indicate if there is a price break near the amount the city intends to purchase. City Secretary Chapa polled the Council for their votes as follows: 11. M98-037 Motion approving the purchase of steel traffic signal structures from Union Metal, Desoto, Texas, based on low bid meeting specifications, in accordance with Bid Invitation No. BI - 0071 -98 for a total of $50,640. These steel traffic structures, which include 22 masts, 16 luminaire extensions, 16 luminaire arms and 16 mast arms will be used by the Traffic Signals Division of the Street Department. Funds have been budgeted in FY 97-98 by the Street Department. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, hazardous materials planning grant. In reply to Council Member Colmenero, Fire Chief J.J. Adame said they feel a part-time employee is capable of handling this assignment, which he explained. He also addressed the public information aspect. Council Member Martin asked about a bus that was present at the Tancahua station. Chief Adame replied that the bus is used for rehabilitating firefighters with fluids and the like at a fire scene. City Secretary Chapa polled the Council for their votes as follows: 16.a. M98-042 Motion authorizing the City Manager to accept Hazardous Materials Emergency Preparedness Planning Grant in the amount of $28,480 from the Texas Department of Public Minutes Regular Council Meeting February 17, 1998 Page 20 Safety Division of Emergency Management to fund: (a) the development of Annex Q (Hazardous Materials Response) to the basic plan, (b) conduct Hazardous Materials Incident Command Training and table top exercises via a contract with Command Emergency Response Training, (c) to develop a public education program and air it on public television. The foregoing motion passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. 16.b. ORDINANCE NO. 023220 Ordinance appropriating a grant of $28,480, received from the Texas Department of Public Safety Division of Emergency Management, in the No. 162 Federal/State Grants fund for Hazardous Materials Emergency Preparedness Planning. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Garcia, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Cooper absent. ************* Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071 regarding the following: efforts of the Garwood Irrigation Company to obtain the required permit amendment that would authorize the interbasin transfer to and use by the City of Corpus Christi of the Garwood water rights, under the agreement authorized November 26, 1996; and regarding Corpus Christi Firefighters Association v. the City of Corpus Christi, No. 95-3208-H, 347th District Court, Nueces County, Texas. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Hennings said staff had been notified that the Federal Communications Commission has ordered a refund from TCI Cablevision to its subscribers of expanded cable service as a result of their March 1997 rate increase. Mr. Hennings also noted that staff has been proceeding on a fast track on the park improvements on Shoreline Boulevard. He asked Mr. Malcolm Matthews, Director of Park and Recreation, to explain a slight modification that was being proposed to that plan. Mr. Matthews used visual aids to explain that some of the user groups, including Jazz Festival representatives, had suggested a modification to the improvements at the old City Hall site. He noted that the Mayor's Committee on Veterans Affairs Minutes Regular Council Meeting February 17, 1998 Page 21 had indicated support for the modified plan. A brief discussion ensued and there was a consensus of the Council to proceed. Mr. Hennings said that items scheduled for next week's meeting included a luncheon meeting with the Planning Commission, as well as a photograph that will be taken of the Council at 1:30 p.m. in the City Manager's Office. Mr. Hennings said next week there will be a presentation on a disparity study, a recommendation for the site of the new southside senior center, and two engineering contracts. Mayor Neal called for Council concerns and reports. Council Member Martin requested an update on the Channel 3 facility on Shoreline Boulevard. He asked when the last audit was conducted on CPL's franchise fees and the results and status of that, as well as what would be involved in commissioning a new audit. He also referred to a lawsuit where a number of cities in the Rio Grande Valley have been certified as a class against CPL regarding the method of collecting the franchise fees. He questioned whether the city should investigate the possibility of joining that class, either by itself or with the other group of cities with which it is typically involved in electricity matters. Responding to another question from Mr. Martin, Mr. Hennings said the city does not yet have the EPA permit for discharging effluent into Nueces Bay from the Allison Wastewater Treatment Plant. He said a report would soon be provided to the Council on that issue. Council Member Betty Jean Longoria referred to a public hearing that is scheduled for the use of the Hoover Hotel downtown. Mr. Hennings said he understood that the proposal is consistent with the zoning guidelines for that area and he could not envision why it would come before the Council. He said the owners would have to obtain a building permit for building modifications that they intend to make. Council members expressed concem about the proposed use of that facility and Mr. Hennings said the Council had the right to go to the public hearing and state their objection. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 7:00 p.m. on February 17, 1998. * * * * * * * * * * * * *