HomeMy WebLinkAboutMinutes City Council - 06/22/1999I 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 June 22, 1999, which were approved by
the City Council on June 29, 1999.
WITNESSETH MY HAND AND SEAL, this 29th day of June, 1999.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 22, 1999
12:05 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Henry Garrett
Council Members:
Javier D. Colmenero
Melody Cooper
Dr. Arnold Gonzales*
Rex A. Kinnison
Betty Jean Longoria
John Longoria*
Mark Scott*
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 Pastor Alan Sielk, Our Savior Hispanic Lutheran Church,
following which the Pledge of Allegiance to the fiag 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 June 15, 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:
Census 2000 Complete Count Committee
Lamont Taylor
Vic Menard
Ralph Goonan
Chris Williams
Manuel Ugues
* * * * * * * * * * * * *
Mayor Neal announced the four closed sessions, pursuant to Texas Government Code Section
551.071, regarding the following: L -Head baitstand lease agreement; City of Corpus Christi v.
Advisory Commission on State Emergency Communications, No. 99-02304, 20151 District Court,
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Regular Council Meeting
June 22, 1999
Page 2
Travis County, Texas; Ben Figueroa et al v. Jackie Martin, No. 99-2891-E, 148th District Court,
Nueces County, Texas; and regarding legal issues associated with funding options for elevation of
the JFK Causeway.
The Council went into closed session. *Council Members Gonzales, Scott, and John
Longoria arrived at the meeting.
The Council returned from closed session.
* * * * * * * * * * * * *
Mayor Neal called for petitions from the audience.
Mr. Ismael Martinez, 3742 Niagara, commented on the county's failed bond proposals. He
said the Council should be more concerned about basic issues such as problems with the Mary
Rhodes Pipeline, cleaning up the city, and repairing the Wesley Seale Dam. He added that they
should work toward wiping out immoral behavior and promoting family values.
Mr. R.F. Hasker, 1813 Wallace, said that while an article in the local newspaper stated that
there were no new taxes or fees, he said several city departments are raising their fees, such as the
parking fine fee and the increased utility fees. He said that generations to come will face debt and
he criticized the county bond proposals.
Mr. Frank Beck, 3227 Ocean Drive, spoke about the L -Head bait stand project. He said Ms.
Jane Stubbs was most recently told that the reason the project was delayed was because city staff had
changed and so had their concept of the project. He said Ms. Stubbs has held her course through
three city managers, two Park and Recreation directors, and three marina superintendents. During
that time Ms. Stubbs entered into a contract with the city for the new bait stand. Mr. Beck asked that
the Council ensure that the contract is upheld for the benefit of the city.
Ms. Jane Stubbs, 742 Kings Point Harbor, said she had written all of the Council members
asking to be part of the meeting that day, but she did not receive a response. She said she was present
to extend another good -faith offer to move on with the new bait stand facility.
Mr. J.E. O'Brien, 4130 Pompano, said he felt that the way Ms. Jane Stubbs has been treated
by city staff is a disgrace to the city, and it is time that the Council stepped in to straighten out the
situation. Mr. O'Brien also asked about the status of the San Patricio pipeline which is supposed to
tie into the Mary Rhodes pipeline. He also referred to a page in the agenda packet which lists the
Lake Texana pipeline as a Water Department asset. He questioned how something that the city does
not own be considered an asset.
Mr. Hal George, 500 N. Shoreline, said he has been representing Ms. Jane Stubbs since 1997.
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Regular Council Meeting
June 22, 1999
Page 3
He said he first wrote to city staff with a proposal for Ms. Stubbs' new bait stand lease in March
1997. Throughout the time that the project has been delayed, Ms. Stubbs has been paying Mr. George
for his attorney's fees and she has lost money at the bait stand due to the deterioration of the facility.
He said the city signed a contract in which they committed to have the new facility completed by
February 28, 1999, which has not occurred. Mr. George said he and Ms. Stubbs are asking that the
Council give direction to city staff to move this project forward, which is a service to the city.
* * * * * * * * * * * * *
Mayor Neal called for consideration of consent motions, resolutions, ordinances and
ordinances from previous meetings on Items 3-10. Council members and audience members
requested that Items 3, 5, 9, and 10 be withheld for discussion. City Secretary Chapa polled the
Council for their votes and the following were passed:
4. M99-185
Motion authorizing the City Manager or his designee to execute a construction contract with
Handex Inc. of Fort Worth, Texas in the amount of $143,546 for the J. C. Elliott Landfill
gas interception trench project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
6.a. RESOLUTION NO. 023675
Resolution determining the necessity for and ordering the improvement of the following
highways in Corpus Christi, Nueces County, Texas for the Annaville Area Streets No. 3,
Phase 2 project: Margie Drive between Leopard Street and Martine Drive; specifying that
certain of these improvements will be paid for partly by the City and partly by assessments
while others will be paid for entirely by assessments; and directing the City's Director of
Engineering Services to file a Notice of Proposed Assessments with the Nueces County
Clerk.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
6.b. RESOLUTION NO. 023676
Resolution approving plans and specifications for improvements to the following highways
in Corpus Christi, Nueces County, Texas, for the Annaville Area Streets No. 3, Phase 2
project: Margie Drive between Leopard Street and Martine Drive; approving the Director of
Engineering Services' project construction cost estimate including an estimate of the portion
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Regular Council Meeting
June 22, 1999
Page 4
of costs to be paid by the City and the portion to be paid by assessment; setting a public
hearing on these proposed assessments to occur during the July 13, 1999 City Council
meeting; directing the City Secretary to arrange to publish notice of this public hearing; and
ordering the Director of Engineering Services to provide written notice of the public hearing
to property owners.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
M99-187
Motion authorizing the City Manager or his designee to execute an agreement with DORN
Technology Group Inc. and DORN Technology Services Inc. for the upgrade of Riskmaster
software licensed to the City for managing liability claims and associate services at a cost of
$74,579.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
8.a. ORDINANCE NO. 023677
Ordinance appropriating $5,000 from the Devary Durrill Foundation in the No. 6010 Trust
Fund - Blucher Park to acquire additional park land adjacent to Blucher Park.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
8.b. M99-188
Motion authorizing the acquisition of Parcel No. 2 located on North Carrizo Street, between
Kinney and Blucher Streets, for $44,000 in connection with the Blucher Park expansion
project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, 13. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal opened discussion on Item 3, purchase of police radios.
Mr. J.E. O'Brien said it was stated that the reason for purchasing the radios is to replace lost,
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Regular Council Meeting
June 22, 1999
Page 5
stolen or non -repairable radios. He questioned whether the Police Department has their radios stolen
on a consistent basis. City Manager Garcia pointed out that of the 127 radios being purchased, seven
of those are to replace lost, stolen, or non -repairable radios. City Secretary Chapa polled the Council
for their votes as follows:
3. M99 -I84
Motion approving the purchase of 127 radios with chargers, belt clips and rings from
Ericsson, Inc., Ingleside, Texas, for the total amount of $238,610.84. The award is based on
Sole Source. The radios will be used by the Police Department. Funds are provided through
the Law Enforcement Block Grant, Crime Control District, and Police Department General
Fund.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal referred to Item 4, gas intercept trench at the J.C. Elliott Landfill. He asked if
this is a supplemental project. Mr. Andy Leal, Director of Solid Waste Services, said this type of
construction is new. He said they have drilled several wells at the landfill in the past, and he noted
that there are some probes that are exceeding the limit at the perimeter. He said staff met with the
Texas Natural Resource Conservation Commission about their plans for this construction in order
to correct the problem. City Secretary Chapa noted that the Council had already voted on Item 4.
Mayor Neal then opened discussion on Item 5, public hearing on budgets.
Mr. J.E. O'Brien said he thought it would be more beneficial to the public to hold separate
hearings on the operating budget and the capital improvement budget. City Manager Garcia replied
that in the past city staff has not proposed the capital improvement plan (CIP) in conjunction with
the annual operating budget, which he feels has been a weakness in the city's system historically. He
said separating the two budgets presents an inaccurate financial picture to both the public and the
Council. City Secretary Chapa polled the Council for their votes as follows:
5. M99-186
Motion setting a public hearing on recommended FY 1999-2000 Operating and Capital
Improvement budgets during the regular Council meeting of July 13, 1999.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
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Regular Council Meeting
June 22, 1999
Page 6
Mayor Neal opened discussion on Item 9, swimming pool standards.
Responding to a question from the Mayor, City Attorney Bray said that the definitions section
of the ordinance specifically excludes private residential swimming pools, wading pools, hot tubs
or spas for the general purpose of the ordinance; however, private pools are regulated with regard
to unsanitary conditions, at which time they can be declared a public nuisance. City Secretary Chapa
polled the Council for their votes as follows:
9. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 23, Article III, Section 23-57, Swimming Pool
Standards, to define Hot Tub and Spa; to modify disinfection and water temperature
regulations for swimming pools, wading pools, hot tubs or spas; providing for penalties
under City Code Section 1-6.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper
absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 10, Stormwater Management Advisory Committee.
Mr. R.F. Hasker said that at one time staff proposed a $9 million drainage utility and the
Drainage Utility Ad Hoc Committee concluded that such a utility was not necessary. He then
commented on the purpose of the Stormwater Management Advisory Committee.
Council Member Garrett asked if the Stormwater Management Advisory Committee was
really needed. City Manager Garcia replied that after last year's floods, the Council directed staff to
look at ways to solve some of the community's major drainage problems and staff began looking into
the formation of a drainage utility. He said the Stormwater Management Advisory Committee is
designed to act as a sounding board as ideas for the drainage utility are discussed. He said that way
they can present to the Council a proposal for a utility which has received support from the entities
that will be affected --commercial, residential, and apartment owners. Mr. Garrett asked if this action
is headed toward a stormwater utility, and Mr. Garcia replied that it is. City Secretary Chapa polled
the Council for their votes as follows:
10. ORDINANCE NO. 023678
Amending Chapter 2, Administration, Code of Ordinances, City of Corpus Christi, relating
to the Storm Water Management Advisory Committee.
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Regular Council Meeting
June 22, 1999
Page 7
The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero,
Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Garrett
voting "No."
* * * * * * * * * * * * *
Mayor Neal then read a proclamation declaring June 22, 1999, as "Marion Luna-Brem Day"
in Corpus Christi. The Mayor cited Ms. Luna-Brem's many accomplishments, including appointment
to the Port Authority Board, recognition by the Office of Women's Initiatives at the White House,
and the 1999 Avon Woman of Enterprise Award. He added that she and her sons have opened
different businesses in the area, she has authored a book, and she is scheduled for a national speaking
tour in the fall. Ms. Luna-Brem thanked the Council for the recognition bestowed on her.
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda and opened discussion on Item 15, "live aboards" in
the Corpus Christi Marina. He called for comments from the audience.
Mr. Andy Ficken, 202 Ghent in Portland, said he has been a marina tenant for some time. He
said he is not opposed to live aboards as such when the marina has the infrastructure to support it,
which it does not have now. He said he is opposed to using his marina slip fees to help support the
people who choose to live on their boats, which at this time is approximately 15 people. Mr. Ficken
said if the city wishes to allow live aboards in the marina, the infrastructure needs to be improved.
Mr. Roy Pell said he lives aboard his boat in the marina and he owns and operates an
automotive repair business. He referred to a report of bay water samples prepared by the City -County
Public Health Department lab. He said when the readings of fecal coliforms are high in the marina
they are high all along the bayfront, usually due to storm drain runoff. Mr. Pell said boaters' facilities
(bathrooms, showers, and laundry facilities) exist on the back side of the Lighthouse Restaurant and
access to them is key -controlled. He said he and other live aboards feel those facilities are adequate
at this time.
Mr. Pell continued that they are requesting a six-month moratorium on enforcement of the
ordinance prohibiting live aboards so they can resolve the zoning issue and the wording in the
ordinance. He also discussed the pump -out station that is available, and he referred to a letter sent
to all marina tenants which implies that the Water/Shore Advisory Committee was involved in the
30 -day notice regarding live aboards.
Mayor Neal asked Mr. Pell how long he has lived on his boat, and Mr. Pell replied three
weeks. The Mayor then asked if Mr. Pell was aware of the provision in the marina space rental
contract which prohibits live aboards. Mr. Pell said he was aware of the contract provision and of
the June 30th date for enforcement of the ordinance; however, he said that for a long time the city
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Regular Council Meeting
June 22, 1999
Page 8
has chosen to look the other way with regard to live aboards. He said they are merely asking for an
opportunity to work in good faith with the city to resolve the legal issues.
Responding to Council Member Colmenero, City Manager Garcia said that the current
zoning ordinance does not allow residential occupation in the marina; a new zoning category would
have to be created if the Council wished to allow live aboards in the marina. Mr. Michael Gunning,
Acting Director of Planning and Development, said it would take at least four months to develop that
new zoning category due to statutory notice limits.
Mr. Colmenero asked if the city has considered allowing live aboards. Mr. Garcia replied that
staff has not because live aboards are a violation of the lease provision, zoning code and other
regulations. He said the city has been derelict in allowing the situation to exist and staff is now
attempting to enforce the existing regulations. Mr. Garcia said city staff changes have prompted the
move toward enforcement; namely, a new City Manager, Park and Recreation Director, and Marina
Superintendent.
Mr. Colmenero asked if there is a security problem at the marina, and Mr. Garcia said there
are incidents of theft, violence, and cars being broken into. Mr. Colmenero said the contract is very
clear on this issue. Mr. Pell replied that their request for a six-month moratorium should be viewed
as part of a larger picture, and he reiterated that they are asking the Council to direct staff to develop
a compromise solution.
Mr. Frank Beck said he was Vice -Chairman of the Water/Shore Advisory Committee when
the Park Director and Marina Superintendent at that time asked the committee to review the live
aboard issue. He said the then -Marina Superintendent went to other marinas in order to bring live
aboards to Corpus Christi Marina to help deal with the security problem there. Mr. Beck said he does
not have a position one way or the other regarding live aboards, but he said he disagreed with the
letter to all marina tenants which inferred that the Water/Shore Advisory Committee shared staff's
views about live aboards. He said that issue never came before the committee for a vote. He added
that the issue was before the Council because the committee members wanted to have more time to
explore it before they tell the live aboards to leave.
Mr. Leon Perez said he wished to address the Council under petitions from the audience.
Mayor Neal informed Mr. Perez that petitions had been heard earlier in the Council meeting.
Mr. Roger Wright said he was a former member of the Water/Shore Advisory Committee and
Chairman of the subcommittee that addressed the live aboard issue. He said they surveyed 18 Texas
marinas, 16 of which allowed live aboards. Mr. Wright said that in April 1998 the Water/Shore
Advisory Committee voted to forward a draft of live aboard regulations to city staff for their
consideration. He said he agreed with Mr. Pell that they should be given time to work with city staff
to allow live aboards, as they do in Sarasota, Florida, and other areas. Mr. Wright also read an
endorsement of live aboards made by Ron and Dottie Childs, who lease a slip next to Mr. Wright.
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Regular Council Meeting
June 22, 1999
Page 9
Responding to Council Member John Longoria, Mr. Wright said that while he lives on his
boat now, he did not do so when he served on the Water/Shore Advisory Committee. He said he is
aware of the lease provision prohibiting live aboards, but added that marina staff have said that while
the city officially does not allow live aboards, they would like people to be in the marina. Mayor
Neal commented that if there are city employees encouraging people to knowingly violate an
ordinance, he hopes they are no longer employed.
Mr. Steve Moody, 6638 Sahara, said the TNRCC report referred to by Mr. Pell contained
more information and was lengthier than he implied. Mr. Moody also said the facilities that will be
built will not be accessible to the general public but to the boaters themselves.
Mr. Ismael Martinez said he thought the moratorium being requested would be appropriate.
He said Corpus Christi is known for its bayfront and he encouraged a spirit of cooperation with those
who live aboard their boats.
Responding to Council Member Betty Jean Longoria, Mr. Garcia said city staff has begun
the process of enforcing the existing ordinances and leases with regard to live aboards. He said that
at their last meeting, the Council requested that this issue be considered; however, staff is not
recommending any departure from the existing policies.
Mayor Neal then called for the staff presentation. Mr. Tony Cisneros, Director of Park and
Recreation, said that both Section 12-45.1 of the City Code of Ordinances and the City Marina Rules
and Regulations contain a prohibition against living aboard water craft. He referred to the letter dated
May 13, 1999 sent to all marina tenants which stated in part, "those persons who are currently living
aboard their watercraft...must vacate their watercraft as a permanent abode by June 30, 1999."
Mr. Cisneros noted that under the `B-2" Bayfront Business District zoning, the marina
definition does not include provisions for either temporary or permanent habitation. He displayed
photographs of the marina's current facilities and he discussed the marina's infrastructure needs,
including additional parking, restrooms, showers, and laundry facilities; a wastewater circulation
system; additional pump -out stations; and additional electric/water meters.
The Park Director said if live aboards are to be allowed, marina fees would have to be
changed and/or adopted, including the slip rental fee, live aboard fee, and live aboard utilities fee.
Other issues would also have to be addressed, such as live aboard operations and pets, parking, and
security. He stated that the Water/Shore Advisory Committee was recommending that a six-month
moratorium be enacted on the enforcement of live aboard violations; however, staff was
recommending that they enforce the existing marina ordinances until such time as they are amended.
In reply to Mr. Colmenero, Mr. Garcia said that since the marina operates as an enterprise
fund, the marina fees would need to be increased so the city could borrow the money to make the
necessary capital improvements.
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Regular Council Meeting
June 22, 1999
Page 10
Council Member Scott asked about the status of the Water/Shore Advisory Committee's
recommendations which were submitted to the staff in April 1998. Mr. Mike Gordon, Assistant
Director of Operations, said staff began looking into the various policies and procedures that would
be needed to control live aboards. He said staff contacted marinas in the area and across the nation
to gather information on the issue. He said in the interim the new Marina Superintendent was hired
and he has continued that research. Mr. Gordon added that the recommendations have not gone back
to the Water/Shore Advisory Committee.
Responding to additional questions from Mr. Scott, Mr. Cisneros discussed the issue of
zoning restrictions concerning recreational vehicles. Mr. Peter Davidson, Marina Superintendent,
commented on Coast Guard -approved marine sanitation devices, parking concerns, water sampling,
and fire prevention measures. Mr. Scott said it seems there would be a way to allow live aboards that
would not require a great deal of additional infrastructure --namely, by requiring that the live aboards
themselves provide specific facilities and pay certain fees.
In reply to Mrs. Longoria, Mr. Garcia said the Water/Shore Advisory Committee is
essentially attempting to mediate between the people who are living aboard their boats now and
staff's attempt to enforce the existing lease agreements and zoning requirements. Mrs. Longoria
requested a list of the Water/Shore Advisory Committee members.
Council Member Cooper asked if any major cities allow live aboards. Mr. Davidson said
several cities around the nation do, including Annapolis and Key West. He noted that there are very
few marinas located in a city's downtown area, as Corpus Christi's marina is.
Mr. Longoria asked if any members of the Water/Shore Advisory Committee currently live
aboard a boat, and Mr. Cisneros said they do not. Mr. Longoria said he thought the Council needed
to maintain the enforcement of the existing ordinances regarding live aboards, particularly since the
infrastructure is not in place to support them. He said if the committee wished to pursue the live
aboard issue, they need to bring that to the Council and then work out the details on how to proceed.
Mayor Neal said a question has been raised about the charges for water and wastewater with
regard to the marina. He said staff needs to review that issue. City Secretary Chapa polled the
Council for their votes as follows:
15. FAILED TO PASS
12 45.1, and 12 79 to allow for current live aboards to rcmain at the Corpus Christi Marina.
The foregoing motion failed to pass by the following vote: Scott voting "Aye"; Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "No."
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Regular Council Meeting
June 22, 1999
Page 11
* * * * * * * * * * * * *
Mayor Neal opened the public hearing on the following zoning case:
11. Case No. 599-3, Ricardo Gonzales: A change of zoning from an "R -1B" One -family
Dwelling District to an "AB" Professional Office District on Gardendale, Block 7, Lots 3A
and 3B, located on the south side of Cain Drive, approximately 230 feet east of Everhart Rd.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"AB" Professional Office 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 (Garrett absent). Mr. Chapa polled the Council for their votes as follows:
ORDINANCE NO. 023679
Amending the Zoning Ordinance upon application by Ricardo Gonzalez, by changing the
zoning map in reference to Lots 3A and 3B, Block 7, Gardendale, from "R -1B" One -Family
Dwelling District to "AB" Professional Office District; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye";
Garrett absent.
*************
Mayor Neal opened the public hearing on the following zoning case:
12. Case No. 599-4, Sin Choi: A change of zoning from an "AB" Professional Office District
with a Special Permit to a "B-4" General Business District on Gray Village Unit 2, Block 2,
Lot 8, located on the west side of Everhart Road, approximately 130 feet north of Mt. Vernon
Drive.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-4" District and in lieu thereof, approval of a "B-1" Neighborhood Business District. No one
appeared in opposition to the zoning change. Council Member Scott 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. 023680
Amending the Zoning Ordinance upon application by Sin II Choi, by changing the zoning
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Regular Council Meeting
June 22, 1999
Page 12
map in reference to Lot 8, Block 2, Gray Village Unit 2, from "AB" Professional Office
District with a Special Permit to `B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
* * * * * * * * * * * *
Mayor Neal called for a brief recess.
*
* * * * * * * * * * * * *
Mayor Neal deviated from the agenda and opened discussion on Item 14, consideration of
funding options for the elevation of the JFK Causeway.
City Manager Garcia explained that approximately $8 million is needed to complete the
overall funding package for the JFK Causeway project. He said that both Nueces County and the City
of Corpus Christi had each been scheduled to contribute $4 million; however, the county decided
to attempt to finance the whole $8 million through its bond proposal, which was recently defeated.
As a result, said the City Manager, he has asked Ms. Mary E. Sullivan, Finance Director, to explore
available options through both certificates of obligation and the State Infrastructure Bank (SIB).
Ms. Sullivan first discussed the city's debt model and debt capacity. She said that for the next
seven to eight years --at the city's current tax rate --the city has no capacity to issue any additional
debt. She said one option to finance the city's $4 million share of the causeway project is through
the SIB. She said the SIB does not have a set interest rate or set repayment schedule --it is all
negotiable. She said the SIB also allows municipalities to defer repayment for up to five years after
completion of construction. Ms. Sullivan said that deferment option would allow the city to structure
a debt payment schedule that could fit into its existing debt model. She added that they do not know
what the interest rate would be, although it has ranged from 4% to 51/2%.
Responding to Council Member Betty Jean Longoria, Ms. Sullivan explained that the process
involves submitting an application for SIB funding to the Texas Department of Transportation
(TXDOT), which would give the city preliminary approval in four to six weeks that the causeway
project qualifies for the funding. Once that happens, the city would negotiate the actual repayment
terms and the structure of the loan. Ms. Sullivan added that the deferment option does cost a little
more in the long run because the city would be accruing interest during that time. Mr. Garcia said
that during the process, the SIB would evaluate the city's capacity to repay the debt. He noted that
pursuing the SIB funding would be a policy decision that the Council would have to make.
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Regular Council Meeting
June 22, 1999
Page 13
In reply to Council Member Kinnison, Mr. Garcia said the city has a problem in funding any
capital programs. He said the SIB provides the city with a very favorable financing mechanism;
consequently, he said the city could consider this option if the Council wished. However, the need
to pay for other capital improvements remains.
Mr. Kinnison asked if there were other city projects that would be eligible for SIB funding.
Mr. Garcia said projects must qualify for federal aid under existing federal rules, and they must be
on the federal statewide Transportation Improvement Plan (TIP); Corpus Christi has several planned
TIP projects.
Responding to Council Member Colmenero, Mr. Garcia said that staff is looking into the
possibility of using SIB funding for other eligible projects. However, he said, he recommends
exercising considerable caution because the city would essentially be mortgaging its future debt
capacity; i.e., the city would be spending its 2008 money in 1999. Mr. Garcia said that on a $4
million loan, they estimate that the SIB would only allow a 10 -year repayment in installments. Ms.
Sullivan added that there would be no penalty for prepaying the loan.
Mr. Garcia said the alternative would be to raise the $4 million for the causeway project
through a certificate of obligation, and in order to do that the city would need $400,000 in debt
service funds, which would require a little less than a half -percent increase in the ad valorem tax rate.
He added that staff will provide the Council with a complete picture of the city's capital
improvement plan and funding options in the next few weeks.
Council Member Scott asked if the causeway is on the TIP, and Mr. Garcia said it is, which
is the only way it would be eligible for funding. He added that if the valuations rise, the city's debt
capacity would rise. Ms. Sullivan said the debt model assumes 3V% inflation in the property
valuations.
Mrs. Longoria asked if Leopard Street would be eligible for SIB funding. Mr. Garcia said he
thought staff was specifically looking into the option of funding Leopard Street through the SIB. He
said that would reduce the amount needed to complete the 1986 bond projects. Mrs. Longoria asked
about the county's plans for the causeway project. Mr. Garcia said the County Judge indicated that
the issue is on their agenda for consideration on June 23`a
Council Member Gonzales said that regardless of the causeway project, if the city wishes to
fund its capital improvement program, it will have to raise taxes. Ms. Sullivan said the causeway
project does layer an extra layer of debt in the city's overall structure; she said everything has to be
considered together. Dr. Gonzales said that although the city would be borrowing its $4 million
share, it would be receiving $41 million in order to elevate the causeway, which he said will benefit
the city's economy. He said he hopes the Council will direct the staff to start looking into the SIB
funding so they can bring it back to the Council for action one way or the other.
Minutes
Regular Council Meeting
June 22, 1999
Page 14
Mr. Kinnison said he has spoken with people who regretted having to vote against the
causeway project because they did not approve one or the other of the bond proposals on the ballot.
He said they need to find a way to elevate the causeway, adding that it is time for the many agencies
in this area to begin working together. A discussion ensued regarding other agencies' funding, such
as the Regional Transportation Authority, as well as the 1986 bond program.
Responding to Council Member John Longoria, Mr. Angel Escobar, Acting Director of
Engineering Services, discussed the Crosstown extension and interchange. Mr. Garcia added that
staff will provide more information to the Council about the capital improvement projects at an
upcoming meeting. Dr. Gonzales said they do not want to jeopardize the funding for any 1986 bond
projects.
Mayor Neal said maintaining the ratio of the amount of ad valorem tax money used to pay
the General Fund operating budget is critical to this whole discussion, since the city's ability to pay
its debt has to be considered. He said that he worked very hard to try to get the county's bond
proposals passed. He also stated that one of the reasons the city is in financial trouble today is
because prior City Councils did exactly what the current Council is being asked to do --they obligated
the future.
The Mayor went on to say that he supports the recommendation to review the SIB funding
option during the Council's July 13`h meeting and to put the issue into the proper context with all the
city's other debt, General Fund expenditures, and the capital improvement program.
Mrs. Longoria made a motion, seconded by Mr. Scott, to direct staff to continue investigating
the funding options for the JFK Causeway elevation project and its impact on the city budget, and
to place an item on the Council's July 13`h meeting agenda for further discussion and consideration.
The motion passed unanimously.
Mr. Kinnison said the city has $750,000 that has not yet been allocated, and it is important
to consider how those funds will be allocated. Mayor Neal called for comments from the audience.
Mr. J.E. O'Brien said he agrees with the Mayor that previous Councils have mortgaged the
city's future for years. In order to finance the causeway project through the SIB, he suggested setting
up a fund in the city's current budget by tightening up and taking money from various sources, such
as a portion of the $750,000 referred to by Mr. Kinnison, and by reducing the amount of money
going to the Greater Corpus Christi Business Alliance and Downtown Management District. Mr.
O'Brien said that while he was a strong opponent of the recent bond election, he believes the JFK
Causeway project has merit.
Mr. Abel Alonzo said he is concerned about comments by the Council and the Nueces
County Commissioners concerning taking money away from other entities, such as the Regional
Transportation Authority. He said the RTA has been operated very efficiently and he discussed the
Minutes
Regular Council Meeting
June 22, 1999
Page 15
importance of public transportation for economically disadvantaged, disabled, and elderly persons.
He said the Council needs to run the city the best way they can and leave other agencies alone.
Mayor Neal opened discussion on Item 13, consideration of the FY 99-00 operating budget.
City Manager Garcia said the discussion that day would focus on the city's combined
utilities, including administrative costs and capital improvements, and the city's utility debt capacity
model/five-year rate model,
In introducing the first presentation concerning the Water Department, Mr. Garcia
commented that Corpus Christi is in a much better position with regard to its water supply than many
other municipalities, including San Antonio. He said the Council recommended exploring the
possibility of competitively bidding its utilities, which will be discussed in July. Another major issue
to be considered by the Council will be the formation of a stormwater utility.
Mr. Hubert Hall, Assistant Water Superintendent, said the mission of the Water Department
is to operate and maintain a water system that will provide quality water to meet the needs of the
present and future water customers of the system. He said the department's total staffing is 232 with
no additional staff requirements for FY 99-00. The geographic work area includes the City of Corpus
Christi, its extraterritorial jurisdiction, and 100 miles to both Choke Canyon and Lake Texana. He
said the Water Department's facilities include: Lake Corpus Christi and Choke Canyon Reservoir,
Mary Rhodes Pipeline, Calallen Saltwater Barrier Dam, O.N. Stevens Water Treatment Plant,
Nueces River Raw Water Pump Station, the transmission and distribution main system, the water
meter system, distribution system pumping plants and elevated storage tanks, and fire hydrants.
Mr. Hall also discussed raw water diversions and treated water use. He noted that total
expenditures for the Water Department are budgeted to be approximately $53 million, and operation
and maintenance expenditures are budgeted at about $24 million. Mr. Hall said the department's
capital improvement projects include transmission mains from the Stevens Plant to Padre Island (a
20 -year program); renovations to the plant itself; Wesley Seale Dam; Choke Canyon Dam; Calallen
Dam; and utility relocations in street reconstruction projects.
Responding to questions from Council Member Garrett, Mr. Garcia and Mr. Hall discussed
fire hydrants and water pressure on Padre Island. In reply to Council Member Scott, Mr. Garcia said
the city has not yet accepted the Mary Rhodes Pipeline from the contractor since it is still in progress,
but they anticipate having it in the city's possession soon. Mr. Scott also referred to a May 1999
water and wastewater survey in Texas Town and Country magazine which indicates that Corpus
Christi's average water cost is far below the state average. Council Member Colmenero asked Mr.
Hall to further discuss planned capital outlays, and Council Member Gonzales asked about the next
report on the pipeline. Mr. Garcia said staff will present it on July 20th.
Minutes
Regular Council Meeting
June 22, 1999
Page 16
The next presentation was made by Mr. Foster Crowell, Wastewater Superintendent. He said
their mission is to protect and/or improve the health, welfare and quality of life for the citizens of
Corpus Christi by providing for the collection, treatment, and disposal of wastewater in accordance
with all federal, state, and local regulations in the most cost-effective manner possible.
Mr. Crowell said the Wastewater Department's facilities include six treatment plants, 94 Lift
stations, and a 1,250 -mile collection system which serves 74,500 customers. There are 228
employees in the department. He also discussed performance plans and measures for the department,
including responding to trouble calls and meeting treatment plant regulatory parameters set by the
EPA and TNRCC. As a result of meeting 99.75% of the treatment parameters, the department has
received three AMSA gold awards (0 exceedences) for exemplary performance and three silver
awards (five or less exceedences). He noted that Corpus Christi's rate is fairly competitive when
compared to other Texas cities.
Mr. Crowell also discussed the Wastewater Department's budgeted revenues of $28,023,043
(most of which will come from single and multi -family residential fees), and budgeted expenditures
of $26,949,804. Capital improvement projects proposed for FY 99-00 include: force main repairs
and replacement; Laguna Madre Plant collection system rehabilitation; inflow and infiltration -related
collection system enhancement program; microwave communication system; sanitary sewer
installation in developed areas; lift station improvements and the Carolyn Heights diversion project;
Broadway Plant lift station and diversion to the Greenwood Plant; utilities building expansion; and
the Sharpsburg lift station and Up River Road force main projects.
Responding to Mayor Neal, Mr. Crowell said the Allison Plant diversion project, which
began in October 1998, diverts about 2 million gallons per day of effluent to the estuary. He noted
that a report will be provided regarding the progress of that project. In reply to Mr. Scott and Mr.
Garrett, Mr. Crowell discussed the city's rate of service and miscellaneous fees, as well as the
timeline for the shut -down of the Broadway Plant. Mr. Kinnison asked why the city has so many
treatment facilities, and Mr. Crowell said it is because the topography is so flat. He also discussed
ways in which treatment costs can be reduced through planned capital projects.
In reply to Mr. Colmenero, Mr. Crowell discussed the TNRCC treatment parameters at some
of the plants, including the Allison, Oso, and Greenwood plants, as well as the inflow and infiltration
problem and outsourcing the cleaning program of the lines.
Ms. Valerie Gray, Stormwater Superintendent, said the Stormwater Department's mission
is to operate and maintain a drainage system that provides safe, dependable surface drainage in each
neighborhood and can be maintained easily at a reasonable cost. They also intend to have a proactive
planning process that will ensure that new development does not have a negative impact on existing
neighborhoods; to have a flood protection system that will protect the community's residents; and
to improve the environment by improving the quality of stormwater runoff by remaining in
compliance with federal and state regulations.
Minutes
Regular Council Meeting
June 22, 1999
Page 17
Ms. Gray said the Stormwater Department, which consists of 85 full-time employees, is
divided into four activities: administration, maintenance and operation, environmental services, and
education and support services. The department's infrastructure includes: three pump stations; 23
storm drain flap gates; five storm surge protection levy gates; 100 miles of major drainage ditches;
about 800 miles of minor drainage ditches; 1,000 miles of underground storm drain pipes; 13,000
storm drain inlets; 2,000 miles of curbs and gutters; and 56 bridges.
She said the budgeted total expenditures for FY 99-00 are $7,455,851. Stormwater capital
improvement projects include the following: curb and gutter replacement; bridge rehabilitation and
replacement; drainage master plan development and update; open channel ditch improvement (both
quality and quantity); underground pipe system capacity upgrading; flap gate and levee gate
rehabilitation; and utility relocations in street reconstruction. In addition, several projects address
areas that have historically experienced extensive flooding, such as the downtown drainage
implementation plan and drainage improvements in the Crossgate subdivision, Glen Arbor
subdivision, and Kostoryz Road.
In response to Council members' questions, Ms. Gray further discussed aspects of her
presentation, including specific areas of drainage improvements, private contracting and the need
to maintain ditches, and the possible formation of a drainage utility.
Ms. Debbie Marroquin, Gas Superintendent, said the Gas Department is once again bringing
forward a balanced budget for FY 99-00. Revenues are predicted to be $23,991,489 and expenditures
are predicted to be $23,295,045. She said approximately 48% of revenues and expenditures are
attributed to the purchase and sale of natural gas, which equates to $11,413,000 at an estimated
volume of 3.91 BCF and a price of $2.91 per MCF. She said they serve 56,375 customers, of which
3,518 are commercial customers who purchase 54% of the gas. Ms. Marroquin noted that the city
has 1,224 total miles of distribution gas mains.
Ms. Marroquin explained that the Gas Department focuses their operations in three main
areas --operation of pipe, valves and fittings; repair and replacement of meters; and maintenance of
the fleet and equipment. She said system enhancements include: compression fittings removal
program; construction projects to enhance infrastructure and aid in competitive bidding of the natural
gas supply contract; and support of the Clean Cities program. She also discussed appliance light -ups,
Operation Heat Help, and communications, and she reviewed a comparison of Texas cities' monthly
residential gas bill. She then responded to Council members' questions.
Mr. Garcia said the next issue to be discussed is the five-year utility rate plan. He noted that
since this is the fifth year of the five-year plan, staff is proposing to maintain a rolling five-year rate
plan which will be adopted by the Council as part of the budget each year. He said the rating
agencies had recently raised that issue.
Ms. Sullivan, Finance Director, said that some of the issues considered in developing the
Minutes
Regular Council Meeting
June 22, 1999
Page 18
five-year rate plan were: the desire to minimize rate increases while still providing the ability over
the long-term to finance capital requirements; and the need to continue to meet the debt service
requirements. She said they prefer to have a level pattern of rate increases rather than rate "spikes."
Ms. Sullivan said that while they viewed the Combined Utilities System as a whole, they also looked
at each utility with the goal that it be self-supporting. In addition, they are working to ensure that the
utilities' fund balances include at least 25% of operating expenses.
Ms. Sullivan said the last five-year plan included 6% increases for each of the three utilities:
water, wastewater, and gas. The proposed five-year plan is as follows: water would have a 6%
increase effective August 1, 1999, and 4% increases for each of the next four years; wastewater
would maintain 6% increases throughout the five-year period; and gas would have a 3% increase
effective August 1, 1999, and a 2% increase for the four years thereafter. She also discussed the cash
flow included for the five-year debt model. Mr. Garcia commented on how the utilities' major capital
improvements will be anticipated in the rate plan. Ms. Sullivan pointed out that staff assumes some
construction cash flow for the full 15 years they examined.
With regard to financing, Ms. Sullivan said the city is using the commercial paper program
to provide funding of construction as cash is spent. As the commercial paper builds up to a large
enough amount to issue the bonds, they then refund that with revenue bonds. She also discussed the
importance of adequate debt service coverage for water and wastewater (the gas utility does not have
any outstanding debt so no debt service coverages are required). Ms. Sullivan then reviewed how
the proposed rate increases will affect average monthly residential bills for inside city limits
customers. She pointed out that the chart excludes raw water cost, purchased gas adjustment, and
sales taxes where applicable.
Responding to the Council, Mr. Garcia further discussed the proposed rate increases,
particularly the problem that if a rate increase is deferred, the cost is then compounded in future
years. Ms. Sullivan noted that the increases take into account future capital improvement projects.
Mr. Garcia reiterated that the revenues generated from the rate increases go to two areas --operation
and maintenance of the system and to meet the debt service obligations.
In reply to another question, City Attorney Bray said he does not believe the city can charge
a franchise fee for its utilities under the present language in the City Charter. He said if the gas utility
was sold to a private company, then it can be charged a franchise fee, such as CPL or Southwestern
Bell. There was also a brief discussion of the wastewater winter averaging program.
Mayor Neal called for comments from the audience, and there were none.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 16, Staples Street Pumping Plant construction. There
were no comments from the audience. City Secretary Chapa polled the Council for their votes:
Minutes
Regular Council Meeting
June 22, 1999
Page 19
16. M99-189
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $2,298,830 with Pre -Load Inc. of Dallas, Texas for the Staples Street Pumping
Plant - new pumping plant and storage reservoir.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 17, Arthur Andersen contract. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
17.a. ORDINANCE NO. 023681
Ordinance appropriating $291,605 of interest earnings in the computer systems 1998 Fund
No. 3170 to partially fund Amendment No. 1 to the Arthur Andersen contract.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
17.b. M99-190
Motion authorizing the City Manager or his designee to execute a contract change with
Arthur Andersen, LLP, in the amount of $345,300 for additional contractor resources and
modification of the project's scope. This increases the existing contract amount from
$4,644,552 to $4,989,852.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 18, hike and bike trail project. He called for
comments from the audience, and there were none.
Responding to Mr. Longoria and Mr. Kinnison, Mr. Garcia said the Ocean Drive overlay
project is one of the issues to be discussed during the CIP presentation. He added that the hike and
bike trail project will be phased in as federal and local funds become available. City Secretary Chapa
polled the Council for their votes as follows:
Minutes
Regular Council Meeting
June 22, 1999
Page 20
18. M99-191
Motion approving Amendment No. 1 between the State of Texas and City of Corpus Christi
to the advance funding agreement for the Bay Trail Phase 2 hike & bike trail project by
phasing the project due to cost constraints so that Phase 2A is limited to improvements to the
public park areas of Ocean Drive between Cole Park and the Ocean Drive at Alameda
intersection, with future phases as funds become available to complete the project as
originally envisioned.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 19, Community Youth Development programs. There
were no comments from the audience.
Council Member John Longoria asked if there was a move to combine the 78415 Committee
and the Weed and Seed Committee. Mr. Cisneros said staff is following up on that issue with the two
entities. Mr. Longoria said they had discussed the possibility of capping the grant amounts. City
Secretary Chapa polled the Council for their votes as follows:
19. M99-192
Motion approving the submission of FY 1999-2000 Community Youth Development
programs in the amount of $500,000 to the Texas Department of Protective and Regulatory
Services as recommended by the Community Youth Development Steering Committee.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 20, Coastal Bend Bays & Estuaries Program. He
called for comments from the audience, and there were none. City Secretary Chapa polled the
Council for their votes as follows:
20. RESOLUTION NO. 023682
Resolution approving an interlocal agreement establishing the Coastal Bend Bays &
Estuaries Program and authorizing the City Manager to execute the agreement.
Minutes
Regular Council Meeting
June 22, 1999
Page 21
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
* * * * * * * * * * * * *
Mayor Neal said the Council had received a request about possibly revising the wrecker
ordinance. He directed the City Attorney to review the request and determine whether it is necessary
for the Council to consider that revision. The Mayor said he has also had some discussions with
Council members about relaxing the Council's dress code during their meetings in the summer.
There was consensus of the Council to adopt a dress code which includes sports shirts without coats
and ties during the months of June, July, August, and September. The Mayor then called for Council
concerns and reports.
Responding to Council Member Betty Jean Longoria, Mr. Cisneros said staff is reviewing
the possibility of incorporating surfacing improvements around the Cole Park Amphitheater
Council Member Gonzales commended City Manager Garcia and his staff for their budget
presentations. He also said he thought they should discuss funding for the city's lobbyists. Mr. Garcia
noted that state lobbyists are paid for out of the City Attorney's Office and federal lobbyists are paid
for out of a utility fund. He said they will highlight those areas when they bring the budget to the
Council for adoption.
Council Member Garrett asked whether the city has any input regarding the Housing
Authority. Mayor Neal replied that the Housing Authority Board is appointed by the Mayor in his
capacity as the chief executive officer of the municipality that had authority for creating the Housing
Authority. He said the board is diligently working on issues that were raised by a recent HUD audit.
Mr. Garcia added that the city does not have any direct administrative responsibility for the Housing
Authority.
Council Member John Longoria said West Oso had their first organizational meeting for their
neighborhood council as part of the Crime Control and Prevention District. He suggested that staff
develop a video to assist neighborhood councils as they are being formed, as well as specific maps
of their geographic areas of responsibility. Mr. Longoria also said he is chairman of the Lexington
Manor Apartment Association and he announced that Casa de Manana Apartments recently received
a $125,000 grant through HUD that will be used for a computer learning center and other projects.
There being no further business to come before the Council, Mayor Neal declared the Council
meeting adjourned at 7:00 p.m. on June 22, 1999.
* * * * * * * * * * * * *