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HomeMy WebLinkAboutMinutes City Council - 02/16/1999I 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 16, 1999, which were approved by the City Council on February 23, 1999. WITNESSETH MY HAND AND SEAL, this 23`d day of February, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 16, 1999 2:13 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Melody Cooper Council Members: Javier D. Colmenero* Alex L. Garcia Jr. Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols ABSENT Dr. Arnold Gonzales City 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 invocation was delivered by Rev. Arturo Mariscal, Kelsey Memorial United Methodist Church, following which the Pledge of Allegiance to the flag of the United States was led by Council Member McNichols. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Council Member Betty Jean Longoria noted that Council Member Gonzales had to go out of town on a family emergency. Mayor Neal called for approval of the minutes of the workshop and regular Council meetings of February 9, 1999. A motion was made and passed to approve the minutes as presented. ************* Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Oil and Gas Advisory Committee Harry Cofer (Reappointed) Sharon Johnson (Reappointed) Claude D'Unger (Reappointed) Charles Jacobs Human Relations Commission Daniel Carmona Kelly Garza Blaire Pittman Minutes Regular Council Meeting February 16, 1999 Page 2 Airport Advisory Board Commission on Children and Youth Ed Hicks Dr. Maria L. Garza *Council Member Colmenero arrived at 2:17 p.m. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. City Manager Garcia explained that the first presentation would be made by two representatives of the U.S. military, Mr. J.D. Zumwalt and Mr. Sam Joseph, regarding Special Forces training exercises being conducted in the Coastal Bend. Mr. Zumwalt referred to an exercise that had recently taken place in Kingsville. He explained that the military uses the same procedure for notifying officials within a city about their exercises, including contacting the Mayor, Police Chief, and City Manager. He said they have one more training exercise scheduled in Corpus Christi and they were seeking the City Council's support for it. Mr. Joseph described the safety precautions the military uses in conducting these exercises, and he noted that they have to be carried out in cities (and not military installations) in order to train the soldiers for "surgical strikes" in urban settings. Mr. Joseph also responded to Council members' questions about the Special Forces' procedures. Council Member Martin made a motion to endorse the Special Forces' training exercise in Corpus Christi, seconded by Council Member John Longoria. Mayor Neal said that Texas --particularly Corpus Christi and South Texas --have a long and rich history of supporting the U.S. military. He said when the City Manager and Police Chief approached him with the proposal to have exercises in Corpus Christi, he stressed the importance of safety. He said the citizens should be grateful for the ability to assist the soldiers in their training efforts. He then called for a voice vote on Mr. Martin's motion, and it passed (Gonzales absent). The Mayor then called for a brief recess. The second presentation was made by Justice of the Peace Lisa Gonzalez regarding the earned income tax credit program. She explained that if the income of a working family falls within certain guidelines established by the Internal Revenue Service, they may be eligible for additional credits when they file their income tax return. She added that those credits also have a beneficial effect on a community's economy. Minutes Regular Council Meeting February 16, 1999 Page 3 Mayor Neal then referred to the third presentation, the report and final recommendations on the repair and restoration of the seawall. Mr. Ogilvie Gericke, Acting Assistant City Manager for Public Works and Utilities, explained that the seawall was constructed in 1941 and is an integral part of the city's flood protection system. Since 1941 there have been periodic inspections of the seawall but not a full assessment of its condition. On March 24, 1998, the City Council approved contracts to initiate such an assessment. He then introduced Mr. Jim Shiner, President of Shiner, Moseley & Associates. Mr. Shiner said SMA brought together 14 firms from across the country to conduct tests on the seawall over the period of 10 months. Mr. Jeff Massengill, Vice President of SMA and project manager, referred to visual aids during his presentation. Mr. Massengill pointed out that the study area included not just the seawall itself but the Art Museum bulkhead, north reach, marina, T -Heads and L -Head and McGee Beach as well—a total of 3.5 miles. He added that the barge dock, which was rehabilitated in 1990, was not part of this investigation. Mr. Massengill said SMA has already initiated a peer review process with the U.S. Army Corps of Engineers; the results are expected to be available in 45 days. Mr. Massengill said there are four basic components of the seawall study: performance of tests and evaluation of results; development of wave forces; structural analysis; and recommendation of repair options and costs. He referred to a diagram of a cross-section of the seawall, which consists of the steel sheet pile wall, stepped concrete seawall, timber piles, and the sidewalk. Mr. Massengill also discussed the seawall's deterioration which has occurred over the years, much of which is not visible above the water line. The deterioration includes decay of the timber piles, voids under the concrete steps, corrosion of the sheet piling (including pitting holes), and visible deterioration to the seawall panel and steps (such as large and small cracks and corrosion of the reinforcing steel). With regard to wave forces, Mr. Massengill explained that the seawall design was based on 1934 criteria and the structure has never experienced the force of a 100 -year storm. The north reach in particular is under -designed because it receives nearly twice the wave forces compared to the marina and McGee Beach. He emphasized that the engineers feel that the seawall needs to be repaired before structure movement occurs. Mr. Massengill then discussed two options to repair the seawall. He said that repairs to the back of the seawall are very similar in both options and they would entail removing the sidewalk, driving a new sheet pile wall below the ground line, and pouring a new sidewalk. The purpose is to increase the structure's lateral load capacity and replace the function of the deteriorated timber piles. Minutes Regular Council Meeting February 16, 1999 Page 4 The two options would differ in the approach to repairing the front of the seawall: Option 1 would involve driving a new vinyl sheet pile wall in front of the existing steel sheet pile, and then filling in the space between the piling with concrete and installing a new concrete cap. He said the cost of that option is estimated to be $30.9 million, which he briefly delineated. Option 2 would involve driving a new steel (as opposed to vinyl) sheet pile wall in front of the existing one, which would accommodate the weight of a concrete overlay of the stepped surface at some point in the future. In addition, the rear sheet pile wall would have to be longer for the increased weight of the overlay. Option 2 is estimated to cost $36.7 million. Mr. Massengill also described the following optional items: concrete sealant ($1.8 million) and new inlets and slip lining of the storm sewers ($2.7 million) on all three reaches of the seawall; installation of a wave attenuator in the marina and on the north seawall reaches only ($600,000); and replacement of the backwater levee storm gates ($3.1 million). He said the engineers recommend a phased construction project, beginning with a pilot program, followed by the north reach and the T -Heads and L -Head. When that area is under construction, they recommend beginning the design of the marina and McGee Beach areas. Mr. Massengill concluded by saying that removing the seawall and completely replacing it would cost about $90 million. He said that most structures such as this in a marine environment have a life span of about 50 years, and this one is almost 60 years old. Responding to Council Member Cooper, Mr. Shiner said that different types of hurricanes can cause different types of damage to the seawall, which he described. Mr. Massengill added that if either option were initiated right away, repairs would probably take three to four years to complete. Ms. Cooper also asked about the effect on tourism activity. Mr. Massengill said that in the marina and McGee Beach area, construction activity would probably have to be suspended from about April to October each year, which is one of the reasons why construction would take so long. The north reach would not be as sensitive to tourism. In reply to Council Members Martin and Colmenero, Mr. Shiner and Mr. Massengill further described specific aspects of the recommended repairs, including the installation of a steel sheet pile wall at the rear of the seawall. Mr. Martin suggested that the engineers include in their report options that were considered and then rejected for various reasons. Mr. Massengill also described repairs that are needed to the T -Heads and L -Head. He noted that under normal conditions, the life span of the concrete superstructure (stepped area) could last 20 to 30 more years. With regard to the actual repair process, Mr. Shiner added that the seawall will not be substantially weaker while construction is ongoing than it is now. Minutes Regular Council Meeting February 16, 1999 Page 5 Responding to Council Member John Longoria, Mr. Shiner said that many factors were taken into consideration while the study was being conducted, such as the physical location of the seawall in the bay and the wave forces which affect it. Council Member McNichols also asked about the anchor wall concept, which Mr. Massengill described. Mr. Joe Moseley, also of SMA, noted that external funding sources are extremely limited, although the seawall could be eligible for FEMA funding following a disaster. Mr. Shiner and Mr. Massengill also responded to Council Member Garcia's questions about repair options, the sequence of construction, and a limited study that was conducted on the seawall in 1985. In reply to other questions from the Council, City Manager Garcia said the basic way that improvements of this magnitude are funded is through a voter -approved bond issue. He said staff is evaluating both of the repair options discussed by Shiner, Moseley & Associates—as is the Corps of Engineers --and staff will bring back their recommendation as well as options to fund the repairs. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 7226 Owen Court, referred to a memo dated September 23, 1998, from Mr. Michael Gunning, Acting Director of Planning, to City Manager Garcia. Mr. Gordy said the memo sat in the City Manager's office until it was forwarded to the Council on February 11, 1999. The memo regards signs in the right-of-way, which was discussed by the Planning Commission and the Transportation Advisory Committee. Both entities recommended that signs not be allowed in the ROW, and the Planning Commission urged the city to seek additional funding to increase sign enforcement. Mr. Gordy said city staff should be assigned to work Tuesdays through Saturdays to provide that enforcement. City Manager Garcia replied that the memorandum referred to by Mr. Gordy had been forwarded to the Council in the City Manager's packet of September 25, 1998. Ms. Kay Noyes, 930 Coral, requested a safe crossing on Everhart Road, where a friend of hers crosses twice a day. She also said that the City Manager does not need a consultant to help fill the vacancies of city departments, and she discussed qualifications for department heads. Mr. J.E. O'Brien, 4130 Pompano, read a resolution that was adopted by the Corpus Christi Taxpayers Association Executive Board on February 1, 1999. The resolution asks that the city demand a refund of $125,000 paid to Naismith Engineering, which had been hired to perform a conceptual study for evaluating the feasibility of sea water desalination as a source of fresh water. The resolution states that the engineers erroneously advised the city that a combined cogeneration/desalination plant was not feasible due to a lack of a market for the resultant electrical Minutes Regular Council Meeting February 16, 1999 Page 6 power. Mayor Neal asked when the Naismith study was conducted, and Mr. O'Brien said it was between 1992 and 1994. The Mayor said another desalination study was conducted two years ago. Mr. J.R. Brownstein said there is a contractual agreement between the city and the Texas State Aquarium which allows the aquarium to have a private security force issue parking tickets for the parking meters on North Beach near the Lexington Museum. He said in concept that agreement is feasible but they also issue tickets on Sundays, which he disagrees with because visitors know that most cities do not issue parking tickets on Sundays. City Manager Garcia said the renewal of that agreement is scheduled for next week's Council meeting, when that issue can be discussed. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-10. Council members requested that Item 6 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: 3. M99-043 Motion approving the purchase of technical services that will provide an interface for loading of pawnshop data into the existing Police records management system from Tiburon, Inc., Livermore, CA, in the amount of $21,327. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 4. M98-044 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the Greenwood trunk main rehabilitation contract with Jalco, Inc. in the amount of $98,347 for the rehabilitation of an Oso Wastewater Treatment Plant gravity main. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 5. ORDINANCE NO. 023559 Ordinance governing city elections in 1999, including appointment and compensation of election officials, voting systems, ballot boxes, and central counting station. Minutes Regular Council Meeting February 16, 1999 Page 7 An emergency was declared and the foregoing ordinance passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 7.a. RESOLUTION NO. 023561 Resolution authorizing the submission of a grant application in the amount of $55,603 to the Office of the Governor, Criminal Justice Division, for fifth -year funding of the Crime Analysis Unit of the City of Corpus Christi Police Department. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 7.b. RESOLUTION NO. 023562 Resolution authorizing the submission of a grant application in the amount of $66,426 to the Office of the Governor, Criminal Justice Division, for second -year funding of the Gang Analysis Unit of the City of Corpus Christi Police Department. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 7.c. RESOLUTION NO. 023563 Resolution setting a priority number of "one" for the Crime Analysis Unit and a priority "two" for the Gang Analysis Unit for the two Office of the Governor, Criminal of Justice Division grants. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 8. ORDINANCE NO. 023564 Ordinance closing and abandoning a 75.00 -square foot portion of a 5 -foot wide utility easement out of Lot 25 and the west 19.82 feet of Lot 26, Block 1, Del Mar Addition, subject to compliance with the specified conditions and the owners, Dr. Salvador Zamora and Nanette Zamora, replatting the property within 180 days at their expense. An emergency was declared and the foregoing ordinance passed by the following vote: Minutes Regular Council Meeting February 16, 1999 Page 8 Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 9. ORDINANCE NO. 023565 Authorizing the City Manager or his designee to execute a ten-year lease with the Corpus Christi Radio Control Club Inc. (Club) for 75 acres out of the Westside Landfill in consideration of the Club maintaining the premises and advancing appreciation and enjoyment of the hobby of building and flying model aircraft by providing programs, exhibitions, and education on an on-going basis. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. 10. ORDINANCE NO. 023566 Amending the Code of Ordinances, City of Corpus Christi, Chapter 53 - Traffic, Section 53- 250 - Schedule I, One -Way Streets and Alleys, Section (A-1) School Areas, by establishing a one-way traffic pattern on (a) Devon Drive in the direction of Gollihar Road to Alexander Street, and on (b) Alexander Street in the direction of Devon Drive to Spring Street during the school hours of Fannin Elementary School. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. * * * * * * * * * * * * Mayor Neal opened discussion on Item 6, transportation resolution. Council Member McNichols asked whether the resolution would increase the state's funding for such projects as raising the JFK Causeway. City Manager Garcia explained that increasing amounts of resources that should go to road projects are being channeled off to the Department of Public Safety, and the intent is to move DPS out of the road revenue funding source. Mayor Neal pointed out that the resolution has been endorsed by the Texas Department of Transportation and the Transportation Committee of the Greater Corpus Christi Business Alliance. He said it is estimated that the Corpus Christi District of TXDOT has lost about $92 million since Minutes Regular Council Meeting February 16, 1999 Page 9 the funding vehicle was changed to include DPS. City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO. 023560 Resolution urging the Texas Legislature to increase appropriations for road and bridge maintenance and expansion. The foregoing resolution passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. * * * * * * * * * * * * Mayor Neal opened the public hearing under Item 11 regarding the minor curfew. He called for comments from the audience, and there were none. Council Member Garcia made a motion to close the public hearing, seconded by Council Member McNichols, and passed. City Secretary Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 023558 Continuing, re-enacting, and adopting Corpus Christi City Code Sections 33-40, 33-41, 33- 42, and 33-42.1, relating to curfew for minors, duties of parents respecting minor curfews, inducement of minor curfew violations, and permitting violation of minor curfew on certain premises; providing for penalties under City Code Section 1-6. The foregoing ordinance passed on second reading by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, supply agreements for library books and recordings. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes as follows: 12. M99-045 Motion approving supply agreements with the following companies, for the following amounts, for library books and recordings based on low bid in accordance with Bid Minutes Regular Council Meeting February 16, 1999 Page 10 Invitation No. BI -0057-99 for an estimated annual expenditure of $604,700. The terms of the agreements shall be for twelve months with an option to extend for up to three additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries and the local branch of the South Texas Library System. Brodart Co. Williamsport. PA Primary Supplier Group 1 $519,200 Grand Total : $604,700 Baker & Taylor, Inc. Charlotte NC Primary Supplier Groups 2 & 3 Secondary Supplier Group 1 $85,500 The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 13, underground fuel storage tank mitigation. He called for comments from the audience, and there were none. Responding to Council Member Colmenero, Mr. Kevin Stowers, Engineering Services, said the $48,743 is intended to clean up the site and recover the product. He added that it is the city's responsibility since it owns the property; however, the city can apply for reimbursement of certain costs from the Texas Natural Resource Conservation Commission. City Secretary Chapa polled the Council for their votes as follows: 13. M99-046 Motion authorizing the City Manager or his designee to execute a contract in the amount of $48,743 with Applied Earth Sciences Inc. for consultant services for underground fuel storage tank mitigation for the old Regional Transportation Authority bus barn site (1024 Sam Rankin). The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 14, new youth services programs. He called for comments from the audience, and there were none. Minutes Regular Council Meeting February 16, 1999 Page 11 Responding to Council Members Cooper and John Longoria, Mr. Tony Cisneros, Director of Park and Recreation, said that only four entities responded to the request for proposals for use of the additional funds. City Secretary Chapa polled the Council for their votes as follows: 14. M99-047 Motion approving the projects recommended by the Community Youth Development Steering Committee to provide new programs for youth services under the Community Youth Development Program for the 78415 ZIP code for the period of April 1, 1999 to August 31, 1999. The foregoing motion passed by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, and Neal voting "Aye"; Gonzales and McNichols absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15, U.S. Open Windsurfing Regatta. He called for comments from the audience, and there were none. City Manager Garcia commented that this will be the standard agreement for all the outside agencies so that eventually 100% of police overtime costs will be recovered. Council Member Martin questioned a portion of the wording in the payment provision of the lease summary, and Mr. Garcia said it needs to be clarified. Responding to Council Member Garcia, the City Manager briefly addressed how city employees' overtime costs for special events are monitored. City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a five-year lease with the U.S. Open Committee to conduct the U.S. Open Windsurfing Regatta and related activities on the southern portion of Cole Park bounded by a line 320 feet north of the north steps to 300 feet south of the south steps from the east curb line of Ocean Drive to the water and those waters extending, but not limited to, at least one mile eastward into the bay, in consideration of the U.S. Open Committee paying a one-time $250 permit fee and 100% of the cost of city services for event support; however, for one year, 1999 Committee will pay only 50% of police overtime costs; and for the second year 2000 Committee will only pay 75% of police overtime cost, giving committee exclusive use of the premises for 5 days and non-exclusive Minutes Regular Council Meeting February 16, 1999 Page 12 use for 9 days during a set period for each of the five years, as shown in the lease beginning May 25, 1999. The foregoing ordinance passed on first reading by the following vote: Colmenero, Cooper, Garcia, B. Longoria, J. Longoria, Martin, McNichols, and Neal voting "Aye"; Gonzales absent. ************* Mayor Neal announced the closed session, pursuant to Texas Government Code Section 551.071 regarding Texas Attorney General Opinion No. DM -494 and the request for reconsideration thereof by the Advisory Commission of State Emergency Communications, with possible action related thereto in open session. The Council went into closed session. The Council returned from closed session. ************* Mayor Neal requested a status report of several traffic signals that are being installed at various intersections, particularly Old Brownsville Road, Waldron Road, and FM 624. The Mayor also asked about the Tule Lift Bridge, and City Manager Garcia said it is scheduled for next week's agenda. The Mayor also reported on his attendance at Military Day in Austin with the Governor, Lieutenant Governor and the members of the Texas Legislature. He said military leaders throughout Texas, industries related to the military, and individual members of the services were recognized. He said Corpus Christi, Ingleside, and Kingsville were well represented there. Mayor Neal said there has also been much discussion and misinformation about the city's recent actions to hire consultants to oversee the work of other consultants. Mr. Garcia said the report on the city's capital program has been delayed because the consultants have been delving deeply into that issue, and one discovery has been that all of the construction cost estimates are in 1985 dollars rather than current dollars. He said for the first time in many years, staff will be able to paint a completely accurate picture of the capital program. He said that report is scheduled for March 9th. The Mayor commended the Flour Bluff public infrastructure overview prepared by the Department of Engineering Services. He asked if similar reports can be prepared for other parts of the city, and Mr. Garcia said staff can work on that. Mr. Garcia added that the overview is a product of the increased organization that has been accomplished through the consultants' assistance. Minutes Regular Council Meeting February 16, 1999 Page 13 Council Member John Longoria said some cities include their annual capital improvement projects on their Web sites. Mayor Neal also requested a report on parking problems and congestion on Nueces Bay Boulevard. Council Member Garcia said the sign ordinance issue needs to be addressed. City Manager Garcia said the Planning Commission held four public hearings during which several people spoke. He said representatives of the Builders Association, Realtors Association, Apartment Association and others proposed several ordinances which would have made the existing sign ordinance less restrictive to allow different types of signs in the right-of-way. He reiterated that the TAC and Planning Commission recommended maintaining the existing ordinance and increasing funding for enforcement. The City Manager said staff enforces the sign ordinance in a number of ways. Council Member Garcia requested information about citations that have been issued regarding the sign ordinance. Council Member Garcia also asked about the windstorm regulations, and Mr. Garcia said it is on next week's agenda. Council Member Garcia asked about the light on Everhart referred to by Ms. Noyes, and Mr. Garcia said staff will provide a report. Responding to another question from Council Member Garcia, the City Manager described the department head retreat that was held February 12-13. There being no further business to come before the Council, Mayor Neal declared the Council meeting adjourned at 6:10 p.m. on February 16, 1999. * * * * * * * * * * * * *