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HomeMy WebLinkAboutMinutes City Council - 10/13/1998I 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 October 13, 1998, which were approved by the City Council on October 20, 1998. WITNESSETH MY HAND AND SEAL, this 20th day of October, 1998. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 13, 1998 2:15 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Edward A. Martin Council Members: Javier D. Colmenero Melody Cooper Dr. Arnold Gonzales Betty Jean Longoria John Longoria Dr. David McNichols ABSENT Alex L. Garcia Jr. Ci y Staff: City Manager David R. Garcia 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 Mayor then delivered the invocation, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Cooper. 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 September 29, 1998, and there being no corrections, he proclaimed them approved as presented. * * * * * * * * * * * * * The City Council made the following Board and Committee appointments: Ethics Commission J. Allen Lowe (Reappointed) Cecil Henry (Reappointed) Commission on Children and Youth Carl E. Lewis (Reappointed) Diana McNeill Randy Sijansky Airport Advisory Board Mark Meyer Landmark Commission Lisa Ann Garza Tom W. Stewart Sister City Committee Toni Lucario Minta Moore Dr. Leo Carrillo Michael Flores (Advisory) Minutes Regular Council Meeting October 13, 1998 Page 2 * * * * * * * * * * * * * Mayor Neal referred to the presentation on the day's agenda. Mr. Paul Garcia, on behalf of the Westside Business Association, presented $10,000 to the city for the Laredo/Crosstown/Agnes Triangle Improvement Project. The contribution was accepted on behalf of the Council by Mayor Neal and Council Member Betty Jean Longoria. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Ms. Pat Suter, 1002 Chamberlain, commented on the "hawk watch" events held in Calallen. She said that more than one million hawks were counted over Hazel Bazemore Park from August 15 through October 10, and people came from all over to view them. She thanked several individuals and entities for their efforts. Mr. Frederick Von King said he has legal documents pertaining to the city, and he questioned who would be representing the Council and the city. City Attorney Bray said the city has not been served papers in this case. Mayor Neal added that if they are served, the papers will go to the City Attorney's Office for a response. Mr. Luis Corona Sr., 2805 David, expressed concem about leaks in City Hall, saying that the city employees deserve better working conditions. City Manager Garcia replied that the building has been the subject of a long-standing dispute. He said a trial date has been set to attempt to recover from the bonding company and the contractor, who went bankrupt while City Hall was being constructed. Mr. Garcia said the city hopes to settle the case with sufficient resources to make the necessary repairs; if not, the city will take it to trial. Mr. Chuck Cazalas, representing the North Bay Advisory Council, announced "Scout Brush IV" on October 24th beginning at 9 a.m. at Coles Elementary. The event will involve the cooperation of about 250 Boy Scouts and Girl Scouts and representatives from the Advisory Council, the Corpus Christi Police Department, the Sheriff's Office, Koch Industries, and CITGO. In response to Council Member John Longoria, Mr. Cazalas said Operation Clean Sweep, a separate clean-up event, will be held in Robstown in November. Ms. Suzanne Trotter, 529 Cole, said she was speaking on behalf of parents whose children are temporarily raising livestock for 4-H projects within the city limits. She said that prior to September 15"', participants were in compliance with the city ordinance as long as the animals were registered with the Animal Control Department and removed immediately after the livestock show was over. She said the 4-14 program keeps children involved, teaches them responsibility, and helps with their college education. Ms. Trotter said that yesterday she and other parents were served with Minutes Regular Council Meeting October 13, 1998 Page 3 notices from the Animal Control Department directing that their children's livestock have to be moved out of the city limits within 10 days due to a new ruling as of September 15th. She said the parents are requesting that the ordinance be reconsidered or enforcement be delayed until after the projects are completed since they are already underway. Mayor Neal said he had received several calls on the livestock issue and he did not know where the interpretation was coming from. He said he thought the ordinance was clearly stated with regard to participation in 4-H projects. The Mayor said this issue needs to be clarified. City Attorney Bray said staff will review it and bring it back to the Council. Ms. Mary Beth Nelson, 2721 Erie Dr., Co -Chair of the Mary Rhodes Memorial Committee, thanked city staff members for their efforts during the pipeline dedication ceremony. She also announced that the Xeriscape Gardens will be dedicated to former Mayor Rhodes on October 15`h at 5 p.m. Ms. Nelson, who serves on the Cable Communications Commission, then referred to a ruling that the Commission had previously made regarding political advertisements. She questioned why that ruling has not been brought to the Council. Mr. Bray said he had a proposal on his desk which will be coming to the Council shortly. Council Member Cooper introduced Ms. Lucy Reta, the new chairperson of the Sister City Committee. Ms. Reta said she was honored to be elected as the chairperson, and she introduced the vice chairperson, Mr. Rudy Delgado. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-14, and Council members requested that Items 3 and 10 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 4. M98-354 Motion approving a supply agreement for approximately 55,800 feet of steel pipe ranging in size from 1" to 8" in accordance with Bid Invitation No. BI -0188-98 with Trident Steel Corp., Houston, Texas, based on the total low bid of $155,280. 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. The Gas Department will use the pipe for the gas distribution system and funds are budgeted in FY 98-99. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. Minutes Regular Council Meeting October 13, 1998 Page 4 5. M98-355 Motion approving supply agreement with Hughes Supply, Corpus Christi, Texas for approximately 1,201 service saddles, ranging in size from 3/4"-12" in accordance with Bid Invitation No. BI -0006-99 based on only bid for an estimated annual expenditure of $20,080.71. The term of the supply agreement 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 in FY 98-99 by the using department. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. M98-356 Motion approving a supply agreement with Skaggs Public Safety, San Antonio, Texas for work uniforms which include approximately 2,128 work pants; 2,867 work shirts; 71 coveralls; 1,310 t -shirts; 740 jersey knit shirts; 2,130 denim jeans; and 300 jackets, in accordance with Bid Invitation No. BI -0201-98 based on total low bid for an estimated annual expenditure of $109,522.50. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. These items will be used by various departments throughout the city. Funds have been budgeted by the using departments in FY 98-99. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 7. M98-357 Motion approving the purchase of 1,000 gallons of malathion from Cheminova, Wayne, New Jersey, for a total of $23,550 based on sole source. This chemical will be used by the Health Department's Vector Control for the control of mosquitos. Funds have been budgeted in FY 98-99. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 8.a. ORDINANCE NO. 023455 Ordinance adopting a portion of the proposed FY 98-99 Capital Budget for rehabilitation of Minutes Regular Council Meeting October 13, 1998 Page 5 Holly Road Ground Storage Tank No. 1. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 8.b. M98-358 Motion authorizing the City Manager or his designee to execute a construction contract with Blue Ribbon Lining & Painting Co. of Houston, Texas in the amount of $809,855 for the Rehabilitation of Holly Road Ground Storage Tank No. 1. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 9. M98-359 Motion authorizing the City Manager or his designee to execute a construction contract with Design Electric in the amount of $22,819 to replace the heating, ventilation and air conditioning control system at City Hall. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 11.a. M98-360 Motion approving the reimbursement application submitted by Bryan R. Tucker, developer of Summer Breeze Estates, for the installation of 3,300 linear feet of a 12 -inch PVC water grid main line. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 11.b. ORDINANCE NO. 023456 Ordinance appropriating $142,846 from the Water Arterial Transmission and Grid Main Trust Fund No. 143-246.95 to reimburse Bryan R. Tucker, developer of Summer Breeze Estates, for installation of a 12 -inch water grid main along the Yorktown Boulevard right-of- way easterly to Flour Bluff Drive. An emergency was declared and the foregoing ordinance passed by the following vote: Minutes Regular Council Meeting October 13, 1998 Page 6 Colmenero, Cooper, Gonzales. B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 12.a. M98-361 Motion authorizing the City Manager or his designee to accept a grant in the amount of $100,000 in Asset Forfeiture funding from the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, for support in Weed and Seed Site 1. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 12.b. ORDIN NCE NO. 023457 Ordinance appropriating $100,000 of Asset Forfeitures from the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, to support the Weed and Seed Site 1 in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 12.c. M98-362 Motion authorizing the City Manager or his designee to accept a grant in the amount of $75,000 in Asset Forfeiture funding from the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, for support in Weed and Seed Site 2. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 12.d. ORDINANCE NO. 023458 Ordinance appropriating $75,000 of Asset Forfeitures from the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, to support the Weed and Seed Site 2 in the No. 162 Federal/State Grants Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. Minutes Regular Council Meeting October 13, 1998 Page 7 13.a. M98-363 Motion authorizing the City Manager or his designee to accept a $35,000 grant from the U.S. Department of Commerce, Minority Business Development Agency to extend the FY 98 Minority Business Opportunity Committee (MBOC) Program through December 31, 1998. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 13.b. ORDINANCE NO. 023459 Ordinance appropriating $35,000 received from the U.S. Department of Commerce, Minority Business Development Agency in the No. 162 Federal/State Grants Fund to extend the FY 98 MBOC Program. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. 14. ORDINANCE NO. 023460 Amending the Code of Ethics, Article V, Division 11, Section 2-325 of the Code of Ordinances, City of Corpus Christi, to specify that the Ethics Commission shall meet at least once a year and to specify an annual meeting date. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. Mayor Neal opened discussion on Item 3, purchase of personal computers, printers and software. In response to Council Member McNichols, Mr. John Bacon, Director of Information Systems, explained that the same test was performed on all of the city's personal computers and there were fewer computers which were not 2000 compliant than originally estimated. He added that the project is under budget and on schedule. He said the first modules are scheduled to go on line December 1". City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting October 13, 1998 Page 8 3. M98-353 Motion approving the purchase of not more than 224 personal computers, printers, and software, not to exceed $418,864, and not more than 369 computer upgrades, not to exceed $9,345, through the cooperative purchasing agreement with the State of Texas, through December 1999. Total award will not exceed $428,209. These computers and upgrades are replacements for existing computers that are not Year 2000 compliant and are units included in the Computer Systems Replacement Project approved by the Council, March 24, 1998. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 10, agreement for signal construction at the intersection of Saratoga Boulevard and Long Meadow Drive. He said there were a number of discussions about the location of a traffic signal along Saratoga Boulevard, and he wondered if the contribution from American Bank helped determine that the signal would be proposed at Long Meadow Drive. Mr. Carl Crull, Assistant City Manager for Public Works and Utilities, said that both of the intersections of Saratoga/Long Meadow and Saratoga/Hunt qualify under the nationally recognized warrants for signalization. He said the Saratoga/Long Meadow signal would serve subdivisions on both the north and south sides of Saratoga (as opposed to the Hunt Drive intersection). In addition, the contribution by American Bank helped to further the project. Council Member Martin asked if some of the streets between Everhart and Weber roads which intersect with Saratoga Boulevard would qualify for signals. Mr. Crull said that Shea Parkway, which has a "T" intersection with Saratoga, is the only collector street between Everhart and Weber and it has a lower accident experience and traffic counts. Mr. Martin said millions of dollars were spent building Saratoga and now requests will be made to place mid -block signals along that street, which will result in disrupting the flow of traffic and result in more unsafe conditions. Mr. Martin also asked if the proposed Saratoga/Long Meadow signalization was being moved ahead of other city projects because of the funding from American Bank. Mr. Crull replied that it was one of the projects next on the priority list. Council Member Gonzales asked what the speed limit is on Saratoga, and Mr. Crull said it is 45 miles per hour. Dr. Gonzales said he also thought that the mid -block signal would disrupt the traffic flow. Mr. Crull said the signal would allow travelers to feed out of the neighborhoods onto the major arterial (Saratoga). He then referred to a map of the area. Minutes Regular Council Meeting October 13, 1998 Page 9 Dr. Gonzales made a motion to table Item 10 to have more time to study the issue; the motion was seconded by Mr. Martin and it passed (Garcia absent). 10.a. POSTPONED •• . . .. ..... . :. .. :.:: I. ,... i . Program; appropriating $114,000 $57,000 frtnn Alueiicun Bank, N.A. and $57,000 titan • - new traffic sign 1 at thc of Saiatnga Boole -raid atad Lertg-Mt.adow Drivt,. 10.b. POSTPONED Moti.,n authorizing thc City Ma mgeror his designee to exccuh. agietmetit with A.,,e,iea,t Long -Meadow Di; ✓c. ************* City Secretary Chapa said that Item 15, the Tee One Up Inc. zoning case, had been withdrawn by the applicant. City Manager Garcia read the letter from Mr. Richard Benton, who wrote that they have been unable to sufficiently prepare their case; therefore, they were withdrawing their zoning application. Mr. Benton wrote that they will consider reapplying at a later date. Responding to Council Member McNichols, Mr. Tom Utter, Assistant City Manager for Development Services, said that under the current ordinance, if a person's zoning request is denied by the City Council, he cannot reapply for that zoning for 12 months. However, if he withdraws his application, he can start the process over, which takes 45-60 days to go to the Planning Commission and the City Council. Dr. McNichols asked the Council to consider directing staff to bring back a proposal that establishes a time frame with regard to withdrawn zoning cases. He said he wants to ensure that the public hearing process for zoning cases is not sidestepped. Council Member John Longoria pointed out that when a person withdraws his zoning case, he forfeits the fees he has paid and has to start all over again if he chooses, including paying the fees again. There was not a consensus of the Council to proceed with Dr. McNichols' request. 15. WITHDRAWN Minutes Regular Council Meeting October 13, 1998 Page 10 * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 16. Case No. 998-2, PEI Properties, Inc.: A change of zoning from an "F -R" Farm -Rural District to an "I-2" Light Industrial District on 13.83 acres of land being a portion of what was formerly known as the Sedwick Tract which was conveyed to D. W. Grant, Trustee, by Mesne Deeds, located at the southwest corner of Interstate Highway 37 and Hunter Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "I-2" Light Industrial District. No one appeared in opposition to the zoning change. Council Member Colmenero made a motion to close the public hearing, seconded by Council Member Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023461 Amending the Zoning Ordinance upon application by PEI Properties, Inc., by changing the zoning map in reference to 13.83 acres of land being a portion of what was formerly known as the Sedwick Tract, which was conveyed to D.W. Grant, Trustee, by Mesne Deeds, from "F- R" Farm -Rural District to "I-2" Light Industrial District. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, and Neal voting "Aye"; Garcia, Martin, and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, interlocal agreement for a new Flour Bluff library. Mr. Herb Canales, Director of Libraries, explained that in the 1980s, then -Mayor Luther Jones and the City Council adopted the Corpus Christi 90 plan. He said one of the many initiatives that was identified was the concept of intergovernmental cooperation. He said he has used that concept to implement smaller projects over the years, and now the proposed joint use of the Flour Bluff branch library is a prime example of that cooperation in action. Mayor Neal called for comments from the audience. Mr. David Coggins, 13914 Primavera, said he supported the proposal, saying that despite the challenges, the joint library will be beneficial for the community. Mrs. Carol Moffett, Superintendent of Flour Bluff Independent School District, said the Flour Minutes Regular Council Meeting October 13, 1998 Page 11 Bluff Board of Trustees voted unanimously on September 29, 1998, to approve the proposed interlocal library agreement. She said it behooves the city and the Flour Bluff school district to make better use of their resources, which allows them to offer better services (such as more books and longer hours of operation) than they could working separately. Mrs. Moffett described the involved process that has been followed in developing this joint use concept. She thanked Mr. and Mrs. Harte for their generous donation to fund the library, as well as City Manager Garcia and Mr. Canales for their efforts. Mr. Richard Pittman, 14325 Caribe, said he has lived in Flour Bluff and Padre Island since 1974 and he has two children who attend Flour Bluff schools. He said he served as co-chair of the Citizens Advisory Committee which researched the library issue, and he urged the Council to approve the interlocal agreement. Dr. Bob Bezdek, 2449 Scotch Moss, explained that the Citizens Committee for the High School Expansion was originally formed after the October 1997 high school bond election. He and the other committee members have also spent many hours studying the joint library proposal, which they strongly support. He questioned the methodology used in a survey conducted by opponents of the proposal. Ms. Linda Charlton, 13526 Camino de Plata, said she also served on the Citizens Advisory Committee, which studied the issue at length. She noted that in addition to their support and that of the school trustees, the proposal has been endorsed by the city's Library Board. Ms. Mary Beth Nelson, 2721 Erie Drive, said their neighborhood association, of which she is the president, is anticipating the opening of the joint library in Flour Bluff. She urged the Council to support the proposal. Ms. Barbara Serota, librarian at Flour Bluff High School, said the joint library is an opportunity to increase library resources for both the high school students and the public. Responding to concerns about young people and adults interacting in the joint -use library, she said that all branch libraries attract both groups, which they should. She said the students will be supervised during school hours and at night. Ms. Sheila Colwell, 3729 Rick Lane, said she and the other members of the Flour Bluff High School faculty are in favor of the combined library, which she said is an example of progress and fiscal responsibility. Mr. Vic Menard, 1510 Dove Lane, said he served as chair of the Education Committee for Corpus Christi 90 and he reiterated the organization's goal of intergovernmental cooperation, which resulted in such projects as the natatorium, joint use of the school gyms, and locating city parks next to schools. He said he supports the joint library concept. Minutes Regular Council Meeting October 13, 1998 Page 12 Mr. Bill Bray, 993 Ribbon Tail, said Flour Bluff residents are very happy about the $1.84 million donation for the new library by Janet and Ed Harte. He said the city staff is only recommending the option of a joint use library; however, he and others walked door-to-door in representative Flour Bluff neighborhoods and presented residents with a survey containing the following choices: a city library at the present location on Waldron Road; a joint high school -city library; and a city library at an unspecified location. He said 70.5% of the respondents chose the option of building the library at the present location. Mr. Bray delineated concerns that have been raised about the joint -use library. He presented a petition containing 120 names of Flour Bluff residents who asked that the city not combine the branch library with Flour Bluff High School. Mr. Bray added that since Mr. Ed Harte had commented that he is willing to try the joint library concept, Mr. Bray said he will withdraw his opposition to that idea and he pledged to help it achieve success. Mr. Roy Torres, 5329 Greenbriar, urged the Council to support the joint use library. Mr. John Bell, 13750 Primavera, said his wife, a teacher at Flour Bluff High School, asked him to speak on her behalf in favor of the proposed joint library. He said that Mrs. Moffett and Mr. Canales have shown leadership in preparing this proposal, which can serve as a model for other communities. Mr. Rocco Montesano, 2101 Riata, thanked the Hartes for their donation, saying that the Flour Bluff community will benefit from their generosity. He said one of the functions of government is to make the most efficient use of resources, which a combined library will do. Mr. Montesano added that he has a 15 -year-old daughter who attends school in Flour Bluff and he is confident that the students will be safe. Mr. Jim Moloney said he was representing the Coastal Bend Community Foundation and Ed and Janet Harte. He said the Hartes agree that this is an opportunity for the city and the school to work together to build a first-class library. Mr. John Meadows, 748 Matthew Drive, said he is a former FBISD school board member and former CCISD teacher. He asked the City Council to delay the vote on the library location because he said the research on the issue is flawed and is not representative of the community's opinion. He said there are many concerns about adult materials in the library, violation of bond requirements, increased traffic congestion, and questions about city and high school library policies and procedures. Council Member John Longoria said this is a good example of governmental jurisdictions working together to benefit the community. He congratulated city staff and FBISD staff and he thanked the Hartes for their donation. Responding to Council Member Colmenero, Mr. Canales said there will be security and Minutes Regular Council Meeting October 13, 1998 Page 13 additional staff in place in the new library. Mr. Colmenero said he could not understand why there is opposition to the idea of young people and adults interacting in the library environment. Council Member Gonzales thanked the Hartes for their generosity, and he said more intergovernmental cooperation needs to take place to best use the community's resources. Council Member Cooper expressed appreciation to the Hartes. She said she felt the issues have been thoroughly addressed and she supports it. Council Member McNichols said the natatorium is a positive example of cooperation between the city and a school district, and other such projects should be undertaken. He said everyone has had an opportunity to express his or her opinion on the issue, and the city is indebted to the Hartes for their generous contribution. Council Member Martin congratulated Mr. Canales since this has long been one of his goals, and he thanked City Manager Garcia for his involvement. Council Member Betty Jean Longoria said this project allows for a better use of resources. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLDION NO. 023462 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Flour Bluff Independent School District to locate and jointly operate a branch library on Flour Bluff Independent School District property. The foregoing resolution passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 18, resolution naming the new Flour Bluff library. He called for comments from the audience. Ms. Gloria Rodriguez, Chairperson of the Library Board, said the board not only supports the joint library but also the naming of the library after Mrs. Harte. Mr. Canales said it appears that the $1.84 million gift from the Hartes is the largest public library gift in state history. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting October 13, 1998 Page 14 18. RESOLUTION NO. 023463 Resolution by the City Council of the City of Corpus Christi, Texas, naming the new Flour Bluff Branch Library the Janet F. Harte Library. The foregoing resolution passed by the following vote: Colmenero, Cooper, Gonzales, 13. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, acquisition of the Garwood water rights. Responding to Council Member McNichols, City Manager Garcia said this action is a commitment the city needs to make because of a 10 -day requirement to demonstrate that the city has the necessary resources available. He said staff will come back to the Council with a long-term financing plan. Mayor Neal called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 023464 Ordinance adopting a portion of the FY 1998-99 Capital Budget, to add $14,000,000 to the Water Program; appropriating $14,000,000 from the Combined Utility System Unreserved Fund Balance to set aside and ensure the sufficient funds to acquire the Garwood Water Rights. An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia and J. Longoria absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 20, development of the Complete Count Committee. City Secretary Chapa said he had met with the Council members on the proposed committee and he read the list of organizations whose representatives may be considered for appointment to the Complete Count Committee: NAACP, LULAC, GI Forum, Diocese of Corpus Christi, Black Ministerial Alliance, Jewish Community Center, Corpus Christi Baptist Association, the school districts of Corpus Christi, Calallen, West Oso, Flour Bluff, and Tuloso-Midway, Del Mar College, Texas A&M University -Corpus Christi, Nueces County Community Action Agency, Housing Minutes Regular Council Meeting October 13, 1998 Page 15 Authority, Metro Ministries, media, Greater Corpus Christi Business Alliance, the Hispanic Chamber of Commerce, and the League of Women Voters. Mayor Neal called for comments from the audience, and there were none. Mr. Chapa polled the Council for their votes as follows: 20. M98-364 Motion appointing Council Members Javier Colmenero, Alex Garcia, Jr. and Betty Jean Longoria to a Council Committee that will develop a List of possible appointees to the Census 2000 Complete Count Committee. The foregoing motion passed by the following vote: Colmenero, Cooper, Gonzales, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Garcia absent. * * * * * * * * * * * * * Mayor Neal announced the closed session pursuant to Texas Government Code Section 551.071, regarding contract with H.T.E., Inc. for customer information and utility billing system. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said the Council had been provided a copy of the Corpus Christi Bay Area Empowerment Zone application that was forwarded to Washington, D.C. Mr. Garcia asked City Secretary Chapa to update the Council on some special meetings. Mr. Chapa said the Corpus Christi Independent School District Trustees have said they can meet with the Council members on November 10" at noon. He said the Port Industries representatives can meet on November 17`h or November 24th, although they prefer November 24". Mayor Neal suggested that the Council meet with the Port Industries on November 17', for which there was no objection from the Council. City Manager Garcia said there was a hearing that day regarding the lawsuit that was filed by Rene Rodriguez against the Business Alliance and the city. City Attorney Bray said the city filed special exceptions, which are basically objections that their petition did not state a legal cause of action. He said Judge Bennett granted the special exceptions and the plaintiff will have 15 days to replead to try to state a cause of action. Mr. Bray said at that point they would anticipate filing a motion to dismiss. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 4:15 p.m. on October 13, 1998.